[Congressional Record Volume 153, Number 75 (Tuesday, May 8, 2007)]
[Senate]
[Pages S5719-S5750]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. CRAPO (for himself and Mr. Craig):
S. 1325. A bill to amend the Act of July 3, 1890, to provide for the
granting to a State of a parcel of land for use as an agricultural
college and to proscribe the use of earnings and proceeds thereof; to
the Committee on Health, Education, Labor, and Pensions.
Mr. CRAPO. Mr. President, today, with my colleague from Idaho,
Senator Craig, I rise to introduce a bill to amend the Idaho Admissions
Act of July 3, 1890 to permit Idaho to administer Morrill Act lands and
the proceeds there from in accordance with contemporary investment
standards.
The State of Idaho has been working to update its management of
endowed assets received as part statehood from the Federal Government
to ensure the maximum long-term financial return to the beneficiaries.
Key to endowment reform is the implementation of contemporary
investment principles that require asset diversification to reduce the
risk of loss and that permit a trustee to deduct reasonable costs of
administration of the assets normally incurred by a prudent fiduciary.
Of the Federal grants to Idaho as part of statehood, only the Morrill
Act limits investments in bonds of the United States or Idaho and
precludes deducting reasonable administrative expenses incurred by the
trustee. This bill would allow the State of Idaho to administer the
Morrill Act assets under the same fiduciary standards now applicable to
all of Idaho's other federally granted endowments.
Additionally, a broad group of state, Federal, and private interests,
including the University of Idaho College of Agricultural and Life
Sciences, the State of Idaho, United Dairymen of Idaho and Allied
Industry, College of Southern Idaho, the Idaho Cattle Association,
Idaho Wool Growers, the Idaho National Laboratory, and Federal agencies
have joined together in developing plans for the Idaho Center for
Livestock and Environmental Studies to serve as a premier center for
research and education in dairy and beef science. The important mission
of the center is ``To enhance the quality of life for the citizens of
Idaho, the Pacific Northwest, and the Nation by furthering the
educational and scientific mission of the University of Idaho and its
public/private partners, by providing a state-of-the-art animal
research facility capable of large-scale research that provides sound
scientific results and educational opportunities intended to: protect
our air, land and water, improve the welfare and productivity of our
livestock, encourage the efficient use of energy and capital, and
enhance workforce and economic development.''
The University of Idaho, as a partner in the project and beneficiary
of the Morrill Act endowment, is well positioned to utilize endowment
assets to both continue to carryout the educational purposes and
maintain the underlying real estate endowment while contributing to the
project. However, modernization of the management of endowed assets
needs to occur in order for such a worthy project to move forward.
That is why the legislation Senator Craig and I are introducing today
will provide more flexibility while allowing for the allocation of
management expenses in the same fashion as other State endowments,
expand investment authority to match other State endowments, and
provide for the use of the earnings from management of the sale of
endowed lands to be used for the acquisition, construction, and
improvements for the operation of research farms for teaching and
research purposes.
I ask that my colleagues act on this measure in a timely manner.
______
By Mr. SANDERS:
S. 1326. A bill to amend title 38, United States Code, to improve and
enhance compensation and pension, health care, housing, burial, and
other benefits for veterans, and for other purposes; to the Committee
on Veterans' Affairs.
Mr. SANDERS. Mr. President, today I am introducing the Comprehensive
Veterans Benefits Improvements Act of 2007.
The purpose of this bill is to address many of the long-standing
benefit and other policy issues that are a priority to the national
veteran service organizations and millions of their members all across
our country. The legislation tracks many of the recommendations made in
the Independent Budget, IB, for fiscal year 2008. The IB, as it is
known, is ``the collaborative effort of a united veteran and health
advocacy community that presents policy and budget recommendations on
programs administered by the Department of Veterans Affairs and the
Department of Labor.'' It is a guide for how this country should treat
its veterans. It is written jointly by AMVETS, Disabled American
Veterans, Paralyzed Veterans of America, and Veterans of Foreign Wars
and supported by over 50 other prominent organizations. I am very happy
to have consulted extensively with the Independent Budget authors to
craft this legislation.
For too many years veterans' needs have been sent to the back of the
line in Congress behind tax cuts for the rich and corporate welfare for
multinational corporations. This legislation is one step forward in
correcting the shortcomings of the way our current system treats
veterans. Instead of turning a blind eye to our veterans' needs as has
happened often in recent years, this bill begins to say ``thank you''
with real action.
The Comprehensive Veterans Benefits Improvements Act makes more than
25 separate changes to veterans' programs ranging from disability
payments, to insurance premiums, to grants for disabled veterans to
adapt their cars to make them easier to use.
We also try to make progress on long standing injustices in the VA
and DoD benefit and retirement systems that veterans and their families
have fought to correct for years. Among them are:
Category 8 Veterans: In January of 2003 the VA announced that it
would no longer allow Category 8 veterans to enroll into the VA health
care system. The Administration justified this move on the grounds that
these are ``higher income'' veterans. The truth, however, is that these
veterans can make as little as $27,000 a year. VA estimates that more
than 1.5 million category 8 veterans will have been denied enrollment
in the VA health care system by fiscal year 2008. This legislation
repeals that ban.
Concurrent Receipt: As the Military Officers Association of America
explains, the Concurrent Receipt or Disabled Veterans' Tax issue exists
because of a ``19th century law that required a dollar-for-dollar
offset of military retired pay for disability compensation received
from the VA . . . Retired pay is earned for a career of uniformed
service and VA disability compensation is recompense for pain,
suffering and lost future earning power due to service-connected
disabilities.'' For that reason veterans should receive both payments
and not have one offset the other. This legislation would allow
veterans to receive both compensation/pension benefits and retired or
retirement pay.
Dependency and Indemnity Compensation-Survivor Benefit Plan Offset:
Under current law, the survivors of veterans who die as a result of
service-connected causes are entitled to compensation known as
dependency and indemnity compensation, DIC. In addition, military
retirees can have money deducted from their pay to purchase a survivors
annuity. This is called the Survivor Benefit Plan, SBP. However, if the
military retirees dies from service-connected causes his or her
survivors will receive a SBP payment offset dollar for dollar by the
amount of the DIC payment they receive. Like the offset between
military retiree pay and VA disability payments, this SBP/DIC offset
unfairly denies beneficiaries the full amount of 2 programs that are
meant to compensate for different loses. This legislation repeals the
offset between dependency and indemnity compensation and the Survivor
Benefit Plan.
[[Page S5720]]
Veterans' Claims: We also take a new approach to improving the system
for rating claims by creating an agency dedicated to electronically
sharing clinical information between the VA and the DoD.
For too long these issues have been ignored by the Congress. It is
time for that attitude to change.
This legislation also amends other benefit programs important to
veterans.
Over time, Congress and the Department of Veterans Affairs have added
many benefits and assistance programs for our Nation's veterans and
their families. As with many programs, the benefits did not meet all
the needs of our veterans and others also have not been updated in many
years rendering many of their benefits much less useful. For example,
the IB notes the low level of grants the VA gives severely disabled
veterans for adapting their cars:
In 1946 the $1,600 allowance represented 85 percent of
average retail cost and a sufficient amount to pay the full
cost of automobiles in the `low-price field.' By contrast, in
1997 the allowance was $5,500, and the average retail cost of
new automobiles, according to the National Automobile Dealers
Association, was $21,750. Currently, the $11,000 automobile
allowance represents only about 39 percent of the average
cost of a new automobile, which is $28,105.
This legislation increases this car grant amount to $22,484 and
adjusts this amount automatically each year using an average retail car
cost index established by the Secretary.
This is not the only example of a veterans' benefit being chipped
away by inflation. When we look at assistance family members get for
burying a loved one we find that the current benefits have not kept up
with inflation. As a result, the current benefit of $300 only pays for
a small fraction of the costs of a burial. The legislation I am
introducing today increases the plot allowance from $300 to $745 and
expands the eligibility for the plot allowance for all veterans who
would be eligible for burial in a national cemetery, not just those who
served during wartime. This section also contains a provision to adjust
these payments annually.
This legislation contains many other similar corrections and updates,
bringing benefits into the 21st Century so that these programs are
meaningful again.
These are not controversial proposals. These changes are the least we
can do to show our appreciation for those who sacrifice for their
country.
This legislation is attempting to strengthen the current VA system so
that it can fully provide for those veterans already in the system and
those thousands more returning from Iraq and Afghanistan and all over
the world that will soon come to the VA for care.
This is just the beginning; one part of a larger effort to honor our
veterans and their service. We here in Congress have so much more to do
to care for our veterans such as improving mental health care for
veterans, Traumatic Brain Injury treatment, Post Traumatic Stress
Disorder treatment, transition assistance, polytrauma care, caring for
homeless veterans, and eliminating the waiting lines and claims
backlogs at the VA. As a parent of a fallen soldier told our Committee,
these veterans have survived the war, now ``[w]e've got to help them
survive the peace.''
We have much work to do in the Veterans Affairs Committee and I look
forward to working under the leadership of Chairman Akaka and the other
colleagues on our Committee and in the Senate to make sure that
meaningful and substantial veterans' legislation is passed this year.
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. 1326
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
``Comprehensive Veterans Benefits Improvements Act of 2007''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--HEALTH CARE MATTERS
Sec. 101. Enrollment of category 8 veterans in patient enrollment
system.
Sec. 102. Health care for veterans who are catastrophically disabled.
Sec. 103. Repeal prior care requirement for eligibility for
reimbursement for emergency treatment.
Sec. 104. Pilot program on lung cancer screening for veterans.
TITLE II--COMPENSATION AND PENSION MATTERS
Sec. 201. Repeal of prohibition on concurrent receipt of compensation
or pension and retired or retirement pay.
Sec. 202. Increase in certain rates of disability compensation.
Sec. 203. Provisions relating to service-connected hearing loss.
Sec. 204. Repeal of requirement of reduction of SBP survivor annuities
by dependency and indemnity compensation.
Sec. 205. Increase in rate of dependency and indemnity compensation for
surviving spouses of members of the Armed Forces who die
on active duty.
Sec. 206. Reestablishment of age 55 as age of remarrying for retention
of certain veterans survivor benefits for surviving
spouses.
Sec. 207. Commencement of period of payment of compensation for
temporary total service-connected disability attributable
to hospitalization or treatment.
Sec. 208. Comptroller General report on adequacy of dependency and
indemnity compensation to maintain survivors of veterans
who die from service-connected disabilities.
TITLE III--INSURANCE MATTERS
Sec. 301. Reduction in premiums under Service-Disabled Veterans
Insurance program.
TITLE IV--BURIAL AND MEMORIAL MATTERS
Sec. 401. Plot allowances.
Sec. 402. Funeral and burial expenses.
Sec. 403. Authorization of appropriations for State cemetery grants
program for fiscal year 2008.
TITLE V--HOUSING MATTERS
Sec. 501. Grants for specially adapted housing for veterans.
Sec. 502. Veterans' mortgage life insurance.
Sec. 503. Selected Reserves serving at least 1 year eligible for
housing loans.
Sec. 504. Housing loan fees adjusted to rates in effect before passage
of Veterans Benefits Act of 2003.
TITLE VI--BENEFITS ADMINISTRATION
Sec. 601. Judicial review.
Sec. 602. Elimination of rounding down of certain cost-of-living
adjustments.
Sec. 603. Clinical Information Data Exchange Bureau.
Sec. 604. Study and report on reforms to strengthen and accelerate the
evaluation and processing of disability claims by the
Departments of Veterans Affairs and Defense.
TITLE VII--OTHER BENEFITS MATTERS
Sec. 701. Automobile assistance allowance.
Sec. 702. Refund of individual contributions for educational assistance
made by individuals prevented from pursuing educational
programs due to nature of discharge.
Sec. 703. Comptroller General report on provision of assisted living
benefits for veterans.
TITLE I--HEALTH CARE MATTERS
SEC. 101. ENROLLMENT OF CATEGORY 8 VETERANS IN PATIENT
ENROLLMENT SYSTEM.
(a) Enrollment.--Notwithstanding any other provision of
law, the Secretary of Veterans Affairs shall permit each
veteran described in paragraph (8) of section 1705(a) of
title 38, United States Code, who presents for enrollment in
the system of annual patient enrollment required by such
section to enroll in such system for purposes of the receipt
of care and services as specified in such section.
(b) Effective Date.--This section shall take effect on
October 1, 2007.
SEC. 102. HEALTH CARE FOR VETERANS WHO ARE CATASTROPHICALLY
DISABLED.
(a) Report on Number of Veterans Wrongfully
Misclassified.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs
shall submit to Congress a report setting forth the number of
veterans who were catastrophically disabled who were
wrongfully misclassified as not being catastrophically
disabled by reason and for the purposes of the administration
of the amendments made by title I of the Veterans' Health
Care Eligibility Reform Act of 1996 (Public Law 104-262).
(b) Reclassification of Veterans Wrongfully
Misclassified.--The Secretary shall reclassify as
catastrophically disabled each veteran who was
catastrophically disabled but was misclassified as not being
catastrophically disabled by reason and for the purposes of
the administration of the amendments made by title I of the
Veterans' Health Care Eligibility Reform Act of 1996. Each
veteran shall, upon such reclassification, be entitled to
such benefits under the laws administered by the Secretary as
any other veteran who is catastrophically disabled, including
priority of eligibility of enrollment as a so-called
``category 4 veteran'' under the patient enrollment system of
the
[[Page S5721]]
Department of Veterans Affairs under section 1705 of title
38, United States Code.
(c) Prohibition on Collection of Copayments and Other Fees
for Hospital or Nursing Home Care.--Section 1710 of title 38,
United States Code, is amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following new
subsection (h):
``(h) Notwithstanding any other provision of this section,
a veteran who is catastrophically disabled shall not be
required to make any payment otherwise required under
subsection (f) or (g) for the receipt of hospital care or
nursing home care under this section.''.
(d) Effective Date.--Subsection (b) and the amendments made
by subsection (c) shall take effect on October 1, 2007.
SEC. 103. REPEAL PRIOR CARE REQUIREMENT FOR ELIGIBILITY FOR
REIMBURSEMENT FOR EMERGENCY TREATMENT.
(a) Repeal.--Section 1725(b)(2) of title 38, United States
Code, is amended by striking ``if--'' and all that follows
and inserting ``if the veteran is enrolled in the system of
patient enrollment established under section 1705(a) of this
title.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 2007.
SEC. 104. PILOT PROGRAM ON LUNG CANCER SCREENING FOR
VETERANS.
(a) Pilot Program.--The Secretary of Veterans Affairs shall
carry out a pilot program that provides for screening for
lung cancer of veterans with a high risk of lung cancer.
(b) Elements.--
(1) In general.--The pilot program under subsection (a)
shall include such programs and activities as the Secretary
considers appropriate to permit the Secretary to make a
comprehensive assessment of the feasibility and advisability
of various approaches for expanding the program within the
Department of Veterans Affairs in order to conduct screenings
of veterans for lung cancer on a wider scale.
(2) Consultation.--The Secretary shall carry out the pilot
program in consultation with the International Early Lung
Cancer Action Program and such other public and private
entities as the Secretary considers appropriate for purposes
of the pilot program.
(c) Report.--Not later than 2 years after the commencement
of the pilot program under subsection (a), the Secretary
shall submit to Congress a report on the pilot program. The
report shall include--
(1) a description of the programs and activities under the
pilot program;
(2) the comprehensive assessment of the Secretary described
in subsection (b)(1);
(3) recommendations, if any, for legislation necessary to
implement on a wider basis a screening program for lung
cancer of veterans; and
(4) such other matters as the Secretary considers
appropriate in light of the pilot program.
(d) Authorization of Appropriations.--
(1) In general.--There is hereby authorized to be
appropriated for the Department of Veterans Affairs for
fiscal year 2008, $3,000,000 to carry out this section.
(2) Availability.--The amount authorized to be appropriated
by paragraph (1) shall remain available until expended.
TITLE II--COMPENSATION AND PENSION MATTERS
SEC. 201. REPEAL OF PROHIBITION ON CONCURRENT RECEIPT OF
COMPENSATION OR PENSION AND RETIRED OR
RETIREMENT PAY.
(a) Repeal.--
(1) In general.--Section 5304(a) of title 38, United States
Code, is amended to read as follows:
``(a)(1)(A) If an election is in effect under section 1413a
of title 10, United States Code, with respect to any person,
no pension or compensation under this title shall be made
concurrently to the person based on the person's own service
or concurrently to the person based on the service of any
other person. This subparagraph shall not apply to the extent
the person waives any applicable retired or retirement pay
under subparagraph (B).
``(B) A person to whom subparagraph (A) applies who is
receiving any applicable retired or retirement pay may file
with the department paying such pay a waiver of so much of
such pay as is equal to the amount of the pension or
compensation to which subparagraph (A) otherwise applies. To
prevent duplication of payment, the department with which any
such waiver is filed shall notify the Secretary of the
receipt of such waiver, the amount waived, and the effective
date of the reduction in pay.
``(2) The annual amount of any applicable retired or
retirement pay shall be counted as annual income for purposes
of chapter 15 of this title.
``(3) In this subsection, the term `applicable retired or
retirement pay' means retired or retirement pay paid under a
provision of law providing retired or retirement pay to
persons in the Armed Forces or to commissioned officers of
the National Oceanic and Atmospheric Administration or of the
Public Health Service.''.
(2) Clerical amendments.--
(A) The heading for section 5304 of such title is amended
by striking ``Prohibition against'' and inserting
``Provisions relating to''.
(B) The item relating to section 5304 in the table of
sections at the beginning of chapter 53 of such title is
amended by striking ``Prohibition against'' and inserting
``Provisions relating to''.
(b) Conforming Repeals.--
(1) In general.--Section 5305 of title 38, United States
Code, and section 1414 of title 10, United States Code, are
each repealed.
(2) Clerical amendments.--
(A) The table of sections at the beginning of chapter 53 of
title 38, United States Code, is amended by striking the item
relating to section 5305.
(B) The table of sections at the beginning of chapter 71 of
title 10, United States Code, is amended by striking the item
relating to section 1414.
(c) Conforming Amendments to Combat-Related Special
Compensation.--
(1) Compensation only available to existing claimants.--
Section 1413a of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(j) Section Only To Apply to Retirees in Payment Status
on October 1, 2007.--No payment under this section shall be
made to an eligible combat-related disabled uniform services
retiree for any month beginning after September 30, 2007,
unless the retiree has an election in effect under this
section for all months during the period beginning on October
1, 2007, and ending on the last day of the month to which the
payment relates.''.
(2) Clerical amendments.--
(A) Subsection (f) of such section is amended to read as
follows:
``(f) Revocation of Election.--The Secretary concerned
shall provide for an annual period (referred to as an `open
season') during which a person with an election in effect
under subsection (a) shall have the right to revoke such
election. Any such election shall be made under regulations
prescribed by the Secretary concerned and, once made, shall
be irrevocable. Such regulations shall provide for the form
and manner for making such an election and shall provide for
the date as of when such an election shall become effective.
In the case of the Secretary of a military department, such
regulations shall be subject to approval by the Secretary of
Defense.''.
(B) Subsection (b)(2) of such section is amended by
striking ``sections 5304 and 5305 of title 38'' and inserting
``section 5304(a)(1) of title 38''.
(d) Other Conforming Amendments.--
(1) Section 5111(b) of title 38, United States Code is
amended to read as follows:
``(b) During the period between the effective date of an
award or increased award as provided under section 5110 of
this title or other provision of law and the commencement of
the period of payment based on such award as provided under
subsection (a) of this section, an individual entitled to
receive monetary benefits shall be deemed to be in receipt of
such benefits for the purpose of all laws administered by the
Secretary.''.
(2) Sections 1463(a)(1), 1465(c)(1)(A), 1465(c)(1)(B), and
1466(b)(1)(D) of title 10, United States Code, are each
amended by striking ``or 1414''.
(3) Subparagraphs (A) and (B) of section 1465(c)(4) of
title 10, United States Code, are each amended by striking
``sections 1413a and 1414'' and inserting ``section 1413a''.
(e) Effective Date.--The amendments made by this section
shall take effect on October 1, 2007, and shall apply with
respect to payments of compensation or pension and retired or
retirement pay made on or after that date. No benefits are
payable by reason of the amendments made by this section for
any period before October 1, 2007.
SEC. 202. INCREASE IN CERTAIN RATES OF DISABILITY
COMPENSATION.
(a) Fifty Percent Increase in Certain Rates.--Subsection
(k) of section 1114 of title 38, United States Code, is
amended--
(1) by striking ``$3,075'' and inserting ``$4,613'';
(2) by striking ``$89'' both places it appears and
inserting ``$134''; and
(3) by striking ``$4,313'' and inserting ``$6,470''.
(b) Twenty Percent Increase in Certain Other Rates.--Such
section is further amended--
(1) in subsection (l), by striking ``$3,075'' and inserting
``$3,690'';
(2) in subsection (m), by striking ``$3,392'' and inserting
``$4,070'';
(3) in subsection (n), by striking ``$3,860'' and inserting
``$4,632'';
(4) in subsection (o), by striking ``$4,313'' and inserting
``$5,176'';
(5) in subsection (p), by striking ``$4,313'' each place it
appears and inserting ``$5,176'';
(6) in subsection (r)--
(A) in paragraph (1), by striking ``$1,851'' and inserting
``$2,221''; and
(B) in paragraph (2) by striking ``$2,757'' and inserting
``$3,308''; and
(7) in subsection (s), by striking ``$2,766'' and inserting
``$3,319''.
(c) Effective Date.--The amendments made by this section
shall take effect on the first day of the first month that
begins on or after the date of the enactment of this Act, and
shall apply with respect to monthly amounts of disability
compensation payable on or after that day.
SEC. 203. PROVISIONS RELATING TO SERVICE-CONNECTED HEARING
LOSS.
(a) Minimum Rating of Disability for Hearing Loss Requiring
a Hearing Aid.--Section 1155 of title 38, United States Code,
is amended by adding at the end the following new sentence:
``The minimum rating of disability under the schedule adopted
[[Page S5722]]
under this section for a veteran for a disability consisting
of hearing loss for which the wearing of a hearing aid or
hearing aids is medically indicated shall be a rating of 10
percent.''.
(b) Presumption That Hearing Loss Is Service Connected.--
Section 1112 of title 38, United States Code, is amended by
adding at the end the following new subsection:
``(d) For purposes of section 1110 of this title, and
subject to section 1113 of this title, if tinnitus or hearing
loss typically related to noise exposure or acoustic trauma
becomes manifest in a veteran who, during military service,
performed duties typically involving high levels of noise
exposure, the tinnitus or hearing loss shall be considered to
have been incurred in or aggravated by such service,
notwithstanding that there is no record of the disease during
the period of service.''.
(c) Effective Date.--The amendments made by this section
shall take effect on October 1, 2007. No benefit is payable
by reason of the amendments made by this section for any
period before October 1, 2007.
SEC. 204. REPEAL OF REQUIREMENT OF REDUCTION OF SBP SURVIVOR
ANNUITIES BY DEPENDENCY AND INDEMNITY
COMPENSATION.
(a) Repeal.--
(1) In general.--Subchapter II of chapter 73 of title 10,
United States Code, is amended as follows:
(A) In section 1450, by striking subsection (c).
(B) In section 1451(c)--
(i) by striking paragraph (2); and
(ii) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively.
(2) Conforming amendments.--Such subchapter is further
amended as follows:
(A) In section 1450--
(i) by striking subsection (e); and
(ii) by striking subsection (k).
(B) In section 1451(g)(1), by striking subparagraph (C).
(C) In section 1452--
(i) in subsection (f)(2), by striking ``does not apply--''
and all that follows and inserting ``does not apply in the
case of a deduction made through administrative error.''; and
(ii) by striking subsection (g).
(D) In section 1455(c), by striking ``, 1450(k)(2),''.
(b) Prohibition on Retroactive Benefits.--No benefits may
be paid to any person for any period before the effective
date provided under subsection (f) by reason of the
amendments made by subsection (a).
(c) Prohibition on Recoupment of Certain Amounts Previously
Refunded to SBP Recipients.--A surviving spouse who is or has
been in receipt of an annuity under the Survivor Benefit Plan
under subchapter II of chapter 73 of title 10, United States
Code, that is in effect before the effective date provided
under subsection (f) and that is adjusted by reason of the
amendments made by subsection (a) and who has received a
refund of retired pay under section 1450(e) of title 10,
United States Code, shall not be required to repay such
refund to the United States.
(d) Repeal of Authority for Optional Annuity for Dependent
Children.--Section 1448(d)(2) of such title is amended--
(1) by striking ``Dependent children.--'' and all that
follows through ``In the case of a member described in
paragraph (1),'' and inserting ``Dependent children.--In the
case of a member described in paragraph (1),''; and
(2) by striking subparagraph (B).
(e) Restoration of Eligibility for Previously Eligible
Spouses.--The Secretary of the military department concerned
shall restore annuity eligibility to any eligible surviving
spouse who, in consultation with the Secretary, previously
elected to transfer payment of such annuity to a surviving
child or children under the provisions of section
1448(d)(2)(B) of title 10, United States Code, as in effect
on the day before the effective date provided under
subsection (f). Such eligibility shall be restored whether or
not payment to such child or children subsequently was
terminated due to loss of dependent status or death. For the
purposes of this subsection, an eligible spouse includes a
spouse who was previously eligible for payment of such
annuity and is not remarried, or remarried after having
attained age 55, or whose second or subsequent marriage has
been terminated by death, divorce or annulment.
(f) Effective Date.--The sections and the amendments made
by this section shall take effect on the later of--
(1) the first day of the first month that begins after the
date of the enactment of this Act; or
(2) the first day of the fiscal year that begins in the
calendar year in which this Act is enacted.
SEC. 205. INCREASE IN RATE OF DEPENDENCY AND INDEMNITY
COMPENSATION FOR SURVIVING SPOUSES OF MEMBERS
OF THE ARMED FORCES WHO DIE ON ACTIVE DUTY.
(a) Increase in Rate.--Section 1311(a) of title 38, United
States Code, is amended--
(1) by redesignating paragraph (3) as paragraph (4);
(2) by inserting after paragraph (2) the following new
paragraph (3):
``(4) The rate under paragraph (1) shall be increased by
$228 in the case of the death of a member of the Armed Forces
on active duty.''; and
(3) in paragraph (4), as redesignated by paragraph (1) of
this subsection, by striking ``(1) and (2)'' and inserting
``(1), (2), and (3)''.
(b) Effective Date.--The amendments made by this section
shall take effect on October 1, 2007, and shall apply with
respect to dependency and indemnity compensation payable for
months beginning on or after that date.
SEC. 206. REESTABLISHMENT OF AGE 55 AS AGE OF REMARRYING FOR
RETENTION OF CERTAIN VETERANS SURVIVOR BENEFITS
FOR SURVIVING SPOUSES.
(a) Reestablishment.--Section 103(d)(2)(B) of title 38,
United States Code, is amended--
(1) in the first sentence, by striking ``age 57'' and
inserting ``age 55''; and
(2) by striking the second sentence.
(b) Effective Date.--The amendments made by this section
shall take effect on October 1, 2007. No benefit is payable
by reason of the amendments made by this section for any
period before October 1, 2007.
SEC. 207. COMMENCEMENT OF PERIOD OF PAYMENT OF COMPENSATION
FOR TEMPORARY TOTAL SERVICE-CONNECTED
DISABILITY ATTRIBUTABLE TO HOSPITALIZATION OR
TREATMENT.
(a) Commencement of Period of Payment.--Section 5111(c) of
title 38, United States Code, is amended by adding at the end
the following new paragraph:
``(3) In the case of a temporary increase in compensation
for hospitalization or treatment for a service-connected
disability rated as total by reason of such hospitalization
or treatment, the period of payment shall commence on the
date of admission for such hospitalization or date of
treatment, surgery, or other activity necessitating such
treatment, as applicable.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 2007. No benefit is payable
by reason of the amendment made by subsection (a) for any
period before October 1, 2007.
SEC. 208. COMPTROLLER GENERAL REPORT ON ADEQUACY OF
DEPENDENCY AND INDEMNITY COMPENSATION TO
MAINTAIN SURVIVORS OF VETERANS WHO DIE FROM
SERVICE-CONNECTED DISABILITIES.
(a) Report Required.--
(1) In general.--Not later than 10 months after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to the congressional veterans
affairs committees a report on the adequacy of dependency and
indemnity compensation payable under chapter 13 of title 38,
United States Code, to surviving spouses and dependents of
veterans who die as a result of a service-connected
disability in maintaining such surviving spouses and
dependents at a standard of living above the poverty level.
(2) Elements.--The report required by paragraph (1) shall
include--
(A) a description of the current system for the payment of
dependency and indemnity compensation to surviving spouses
and dependents described in paragraph (1), including a
statement of the rates of such compensation so payable;
(B) an assessment of the adequacy of such payments in
maintaining such surviving spouses and dependents at a
standard of living above the poverty level; and
(C) such recommendations as the Comptroller General
considers appropriate in order to improve or enhance the
effects of such payments in maintaining such surviving
spouses and dependents at a standard of living above the
poverty level.
(b) Congressional Veterans Affairs Committees Defined.--In
this section, the term ``congressional veterans affairs
committees'' means--
(1) the Committee on Veterans' Affairs and the Committee on
Appropriations of the Senate; and
(2) the Committee on Veterans' Affairs and the Committee on
Appropriations of the House of Representatives.
TITLE III--INSURANCE MATTERS
SEC. 301. REDUCTION IN PREMIUMS UNDER SERVICE-DISABLED
VETERANS INSURANCE PROGRAM.
(a) In General.--Section 1922(a) of title 38, United States
Code, is amended--
(1) by inserting ``(1)'' after ``(a)''; and
(2) by striking the fourth sentence and all that follows
and inserting the following:
``(2) Insurance granted under this section shall be issued
upon the same terms and conditions as are contained in the
standard policies of National Service Life Insurance, except
that--
``(A) the amount of such insurance shall be $50,000, or
such lesser amount, evenly divisible by $10,000, as the
insured may specify;
``(B) the premium rates for such insurance--
``(i) for premiums for months beginning before the
effective date of this paragraph under section 301(c) of date
of the enactment of the Comprehensive Veterans Benefits
Improvements Act of 2007 shall be based on the Commissioners
1941 Standard Ordinary Table of Mortality and interest at the
rate of 2\1/4\ percent per year; and
``(ii) for premiums for months beginning on or after that
effective date shall be based upon the 2001 Commissioners
Standard Ordinary Table of Mortality and interest at the rate
of 4\1/2\ percent per year;
``(C) all cash, loan, paid-up, and extended values--
``(i) for a policy issued under this section before the
effective date described in subparagraph (B)(i) shall be
based upon the Commissioners 1941 Standard Ordinary Table of
Mortality and interest at the rate of 2\1/4\ percent per
year; and
``(ii) for a policy issued under this section on or after
that effective date shall be based
[[Page S5723]]
upon the 2001 Commissioners Standard Ordinary Table of
Mortality and interest at the rate of 4\1/2\ percent per
year;
``(D) all settlements on policies involving annuities shall
be calculated on the basis of the Annuity Table for 1949, and
interest at the rate of 2\1/4\ percent per year;
``(E) insurance granted under this section shall be on a
nonparticipating basis;
``(F) all premiums and other collections for insurance
under this section shall be credited directly to a revolving
fund in the Treasury of the United States; and
``(G) any payments on such insurance shall be made directly
from such fund.
``(3) Appropriations to the fund referred to in
subparagraphs (F) and (G) of paragraph (2) are hereby
authorized.
``(4) As to insurance issued under this section, waiver of
premiums pursuant to section 602(n) of the National Service
Life Insurance Act of 1940 and section 1912 of this title
shall not be denied on the ground that the service-connected
disability became total before the effective date of such
insurance.''.
(b) Coordination With Overall Limit.--Section 1903 of such
title is amended by adding at the end the following new
sentence: ``The limitations of this section shall not apply
to insurance granted under section 1922 of this title, except
that other insurance to which this section applies shall be
taken into account in determining whether the limitations of
subsections (a)(2)(A) and (b) of section 1922 of this title
are met with respect to insurance granted under section 1922
of this title.''.
(c) Effective Date.--The amendments made by this section
shall take effect on the later of--
(1) October 1, 2007; or
(2) the first day of the first month that begins more than
90 days after the date of the enactment of this Act.
TITLE IV--BURIAL AND MEMORIAL MATTERS
SEC. 401. PLOT ALLOWANCES.
(a) Increase in Plot Allowance.--Section 2303 of title 38,
United States Code, is amended by striking ``$300'' each
place it appears and inserting ``$745 (as adjusted from time
to time under subsection (c))''.
(b) Expansion of Eligibility.--Subsection (b)(2) of such
section is amended by striking ``such veteran is eligible''
and all that follows through ``, and''.
(c) Annual Cost-of-Living Adjustment.--Such section is
further amended by adding at the end the following new
subsection:
``(c) With respect to any fiscal year, the Secretary shall
provide a percentage increase (rounded to the nearest dollar)
in each maximum amount of the plot allowance payable under
this section equal to the percentage by which--
``(1) the Consumer Price Index (all items, United States
city average) for the 12-month period ending on the June 30
preceding the beginning of the fiscal year for which the
increase is made, exceeds
``(2) such Consumer Price Index for the 12-month period
preceding the 12-month period described in paragraph (1).''.
(d) Effective Date.--
(1) In general.--The amendments made by this section shall
take effect on October 1, 2007, and shall apply with respect
to deaths occurring on or after that date.
(2) No cola adjustment for fiscal year 2008.--The
percentage increase required by subsection (c) of section
2303 of title 38, United States Code (as added by subsection
(c) of this section), for fiscal year 2008 shall not be made.
SEC. 402. FUNERAL AND BURIAL EXPENSES.
(a) In General.--Section 2302 of title 38, United States
Code, is amended--
(1) in subsection (a), by striking ``$300'' in the matter
following paragraph (2) and inserting ``$1,270 (as adjusted
from time to time under subsection (c))''; and
(2) by adding at the end the following new subsection:
``(c) With respect to any fiscal year, the Secretary shall
provide a percentage increase (rounded to the nearest dollar)
in the maximum amount of benefits payable under subsection
(a) equal to the percentage by which--
``(1) the Consumer Price Index (all items, United States
city average) for the 12-month period ending on the June 30
preceding the beginning of the fiscal year for which the
increase is made, exceeds
``(2) such Consumer Price Index for the 12-month period
preceding the 12-month period described in paragraph (1).''.
(b) Deaths From Service-Connected Disability.--Section 2307
of such title is amended--
(1) by inserting ``(a) Funeral and Burial Expenses.--''
before ``In any case'';
(2) in paragraph (1) of subsection (a), as designated by
paragraph (1) of this subsection, by striking ``$2,000'' and
inserting ``$4,100 (as adjusted from time to time under
subsection (b))''; and
(3) by adding at the end the following new subsection:
``(b) Cost-of-Living Adjustment.--With respect to any
fiscal year, the Secretary shall provide a percentage
increase (rounded to the nearest dollar) in the amount of
benefits payable under subsection (a)(1) equal to the
percentage by which--
``(1) the Consumer Price Index (all items, United States
city average) for the 12-month period ending on the June 30
preceding the beginning of the fiscal year for which the
increase is made, exceeds
``(2) such Consumer Price Index for the 12-month period
preceding the 12-month period described in paragraph (1).''.
(c) Effective Date.--
(1) In general.--The amendments made by this section shall
take effect on the date of the enactment of this Act, and
shall apply with respect to deaths occurring on or after that
date.
(2) No cola adjustment for fiscal year 2008.--The
percentage increase required by subsection (c) of section
2302 of title 38, United States Code (as added by subsection
(a) of this section), and the percentage increase required by
subsection (b) of section 2307 of title 38, United States
Code (as added by subsection (b) of this section), for fiscal
year 2008 shall not be made.
SEC. 403. AUTHORIZATION OF APPROPRIATIONS FOR STATE CEMETERY
GRANTS PROGRAM FOR FISCAL YEAR 2008.
There is hereby authorized to be appropriated for the
Department of Veterans Affairs for fiscal year 2008,
$37,000,000 for aid to States for the establishment,
expansion, and improvement of veterans' cemeteries under
section 2408 of title 38, United States Code.
TITLE V--HOUSING MATTERS
SEC. 501. GRANTS FOR SPECIALLY ADAPTED HOUSING FOR VETERANS.
(a) Increase in Grant Amounts.--
(1) Acquisition of housing.--Subsection (d)(1) of section
2102 of title 38, United States Code, is amended by striking
``$50,000'' and inserting ``$60,000 (as adjusted from time to
time under subsection (f))''.
(2) Adaptations to housing.--Subsections (b)(2) and (d)(2)
of such section are each amended by striking ``$10,000'' and
inserting ``$12,000 (as adjusted from time to time under
subsection (f))''.
(b) Additional Grant for Acquisition of Subsequent Housing
Unit.--Such section is further amended--
(1) in subsection (c), by inserting ``or (e)'' after
``subsection (a)''; and
(2) by adding at the end the following new subsection:
``(e)(1) In addition to the assistance otherwise provided
under subsection (d)(1), the assistance authorized by section
2101(a) of this title shall also include assistance for a
veteran for the acquisition by the veteran of a housing unit
to replace the housing unit for which assistance was provided
under subsection (d)(1).
``(2) The amount of assistance under this subsection may
not exceed the maximum amount of assistance available under
subsection (d)(1).
``(3) Assistance shall be afforded under this subsection
through a plan set forth in subsection (a), at the option of
the veteran concerned.''.
(c) Annual Cost-of-Living Adjustment.--Such section is
further amended by adding at the end the following new
subsection:
``(f)(1) Effective on October 1 of each year (beginning in
2008), the Secretary shall increase the amounts in effect
under subsections (b)(2), (d)(1), and (d)(2) in accordance
with this subsection.
``(2) The increase in amounts under paragraph (1) to take
effect on October 1 of any year shall be the percentage by
which (A) the residential home cost-of-construction index for
the preceding calendar year exceeds (B) the residential home
cost-of-construction index for the year preceding that year.
``(3) The Secretary shall establish a residential home
cost-of-construction index for the purposes of this
subsection. The index shall reflect a uniform, national
average increase in the cost of residential home
construction, determined on a calendar year basis. The
Secretary may use an index developed in the private sector
that the Secretary determines is appropriate for purposes of
this subsection.''.
(d) Effective Date.--The amendments made by this section
shall take effect on October 1, 2007.
SEC. 502. VETERANS' MORTGAGE LIFE INSURANCE.
(a) Increase in Amount of Insurance.--Section 2106(b) of
title 38, United States Code, is amended by striking
``$90,000'' and inserting ``$150,000''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the later of--
(1) October 1, 2007; or
(2) the first day of the first month that begins more than
90 days after the date of the enactment of this Act.
SEC. 503. SELECTED RESERVES SERVING AT LEAST 1 YEAR ELIGIBLE
FOR HOUSING LOANS.
(a) Reduction in Period of Service Requirement for Selected
Reserves.--Section 3701(b)(5)(A) of title 38, United States
Code, is amended by striking ``6 years'' each place it
appears and inserting ``1 year''.
(b) Effective Date.--The amendment made by this section
shall take effect on October 1, 2007.
SEC. 504. HOUSING LOAN FEES ADJUSTED TO RATES IN EFFECT
BEFORE PASSAGE OF VETERANS BENEFITS ACT OF
2003.
(a) In General.--Paragraph (2) of section 3729(b) of title
38, United States Code, is amended to read as follows:
``(2) The loan fee table referred to in paragraph (1) is as
follows:
[[Page S5724]]
``LOAN FEE TABLE
----------------------------------------------------------------------------------------------------------------
Active duty
Type of loan veteran Reservist Other obligor
----------------------------------------------------------------------------------------------------------------
(A)(i) Initial loan described in section 3710(a) 2.00 2.75 NA
to purchase or construct a dwelling with 0-
down, or any other initial loan described in
section 3710(a) other than with 5-down or 10-
down (closed on or after October 1, 2007, and
before October 1, 2011).
(A)(ii) Initial loan described in section 1.25 2.00 NA
3710(a) to purchase or construct a dwelling
with 0-down, or any other initial loan
described in section 3710(a) other than with 5-
down or 10-down (closed on or after October 1,
2011).
(B)(i) Subsequent loan described in section 3.00 3.00 NA
3710(a) to purchase or construct a dwelling
with 0-down, or any other subsequent loan
described in section 3710(a) (closed on or
after October 1, 2007 and before October 1,
2011).
(B)(ii) Subsequent loan described in section 1.25 2.00 NA
3710(a) to purchase or construct a dwelling
with 0-down, or any other subsequent loan
described in section 3710(a) (closed on or
after October 1, 2011).
(C)(i) Loan described in section 3710(a) to 1.50 2.25 NA
purchase or construct a dwelling with 5-down
(closed on or after October 1, 2007, and before
October 1, 2011).
(C)(ii) Loan described in section 3710(a) to 0.75 1.50 NA
purchase or construct a dwelling with 5-down
(closed on or after October 1, 2011).
(D)(i) Initial loan described in section 3710(a) 1.25 2.00 NA
to purchase or construct a dwelling with 10-
down (closed on or after October 1, 2007, and
before October 1, 2011).
(D)(ii) Initial loan described in section 0.50 1.25 NA
3710(a) to purchase or construct a dwelling
with 10-down (closed on or after October 1,
2011).
(E) Interest rate reduction refinancing loan.... 0.50 0.50 NA
(F) Direct loan under section 3711.............. 1.00 1.00 NA
(G) Manufactured home loan under section 3712 1.00 1.00 NA
(other than an interest rate reduction
refinancing loan).
(H) Loan to Native American veteran under 1.25 1.25 NA
section 3762 (other than an interest rate
reduction refinancing loan).
(I) Loan assumption under section 3714.......... 0.50 0.50 0.50
(J) Loan under section 3733(a).................. 2.25 2.25 2.25.''.
----------------------------------------------------------------------------------------------------------------
(b) Effective Date.--The amendment made by this section
shall apply to loans closed after September 30, 2007.
TITLE VI--BENEFITS ADMINISTRATION
SEC. 601. JUDICIAL REVIEW.
(a) Review by United States Court of Appeals for Federal
Circuit of Adoption or Revision of Schedule of Disability
Ratings.--Section 502 of title 38, United States Code, is
amended--
(1) by inserting ``(a) Judicial Review.--'' before ``An
action'';
(2) in subsection (a), as designated by paragraph (1) of
this subsection, by striking ``(other than an action relating
to the adoption or revision of the schedule of ratings for
disabilities adopted under section 1155 of this title)''; and
(3) by adding at the end the following new subsection:
``(b) Standard of Review of Actions Relating to Schedule of
Ratings for Disabilities.--In reviewing pursuant to this
section an action of the Secretary relating to the adoption
or revision of the schedule of ratings for disabilities under
section 1155 of this title, the Court may set aside such
action only if the Court finds such action to be arbitrary,
capricious, or otherwise not in accordance with law.''.
(b) Review by Court of Appeals for Veterans Claims of
Adverse Findings of Material Facts.--Section 7261(a)(4) of
such title is amended by striking ``is clearly erroneous''
and inserting ``is not reasonably supported by a
preponderance of the evidence''.
(c) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act.
The amendment made by subsection (b) shall apply with respect
to all cases pending for decision before the United States
Court of Appeals for Veterans Claims other than a case in
which a final decision has been entered before the date of
the enactment of this Act.
SEC. 602. ELIMINATION OF ROUNDING DOWN OF CERTAIN COST-OF-
LIVING ADJUSTMENTS.
(a) Disability Compensation.--Section 1104(a) of title 38,
United States Code, is amended by striking ``,with all'' and
all that follows up to the period at the end.
(b) Dependency Compensation.--Section 1303(a) of such title
is amended by striking ``,with all'' and all that follows up
to the period at the end.
SEC. 603. CLINICAL INFORMATION DATA EXCHANGE BUREAU.
(a) Establishment of Bureau.--The Secretaries of Veterans
Affairs and Department of Defense shall jointly establish the
DoD/VA Clinical Information Data Exchange Bureau (in this
section referred to as ``the Bureau'').
(b) Information System.--
(1) In general.--The Bureau shall establish and maintain an
information system that facilitates the clinical exchange of
computable data within and between the health systems of the
Department of Veterans Affairs and the Department of Defense.
(2) Elements.--In establishing the information system
described in paragraph (1), the Bureau shall meet the
following requirements:
(A) Software requirements.--The system shall utilize
computer software--
(i) the source code of which is open source and available
in the public domain,
(ii) that is nonproprietary, and
(iii) that ensures that the electronic medical records in
the health systems of the Department of Veterans Affairs and
the Department of Defense are able to understand all major
clinical vocabularies.
(B) Patient privacy.--The system shall comply with all
appropriate rules, regulations, and procedures to safeguard
patient privacy and to ensure data security.
(C) Mapping of health information.--The Bureau shall ensure
that personal health information available in electronic form
outside of the system will be able to be electronically
mapped into the system.
(D) Maintenance.--The Bureau shall permanently maintain the
system, including ensuring that any changes in any major
clinical vocabulary are reflected in a timely manner in the
electronic medical records in the health systems of the
Department of Veterans Affairs and the Department of Defense.
(c) Cost of System.--
(1) In general.--The cost of the information system
established under this section, and the annual costs of
maintaining the system, shall be borne equally by the
Department of Veterans Affairs and the Department of Defense.
(2) Fees.--The Secretaries of Veterans Affairs and Defense
may charge vendor user fees in order to facilitate the use of
discrete clinical vocabularies within the system.
[[Page S5725]]
SEC. 604. STUDY AND REPORT ON REFORMS TO STRENGTHEN AND
ACCELERATE THE EVALUATION AND PROCESSING OF
DISABILITY CLAIMS BY THE DEPARTMENTS OF
VETERANS AFFAIRS AND DEFENSE.
(a) Study.--The Secretary of Veterans Affairs and the
Secretary of Defense shall jointly conduct a study of the
disability ratings systems of the Departments of Veterans
Affairs and Defense, including an analysis of--
(1) the interoperability of both systems, and
(2) the feasibility and advisability of automating the
Veterans Administration Schedule for Rating Disabilities
(VASRD) to improve the time for processing, and the accuracy
of, disability ratings.
(b) Report.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Secretaries shall submit to
the relevant committees of Congress a joint report on the
study conducted under subsection (a).
(2) Elements.--Such report shall include specific
legislative proposals, including the amount of funding, which
the Secretaries find necessary to--
(A) ensure that the disability ratings systems of both the
Department of Veterans Affairs and the Department of Defense
are interoperable and that information contained in both
systems can readily be transmitted to and from each of the
departments, and
(B) automate the Veterans Administration Schedule for
Rating Disabilities (VASRD), including--
(i) an analysis of the necessary computer software and
other technology, and
(ii) a schedule for the completion of the automation.
(c) Relevant Committees of Congress.--In this section, the
term ``relevant committees of Congress'' means--
(1) the Committee on Veterans' Affairs and the Committee on
Armed Services of the Senate, and
(2) the Committee on Veterans' Affairs and the Committee on
Armed Services of the House of Representatives.
TITLE VII--OTHER BENEFITS MATTERS
SEC. 701. AUTOMOBILE ASSISTANCE ALLOWANCE.
(a) Increase in Amount of Allowance.--Subsection (a) of
section 3902 of title 38, United States Code, is amended by
striking ``$11,000'' and inserting ``$22,484 (as adjusted
from time to time under subsection (e))''.
(b) Annual Adjustment.--Such section is further amended by
adding at the end the following new subsection:
``(e)(1) Effective on October 1 of each year (beginning in
2008), the Secretary shall increase the dollar amount in
effect under subsection (a) to an amount equal to 80 percent
of the average retail cost of new automobiles for the
preceding calendar year.
``(2) The Secretary shall establish the method for
determining the average retail cost of new automobiles for
purposes of this subsection. The Secretary may use data
developed in the private sector if the Secretary determines
the data is appropriate for purposes of this subsection.''.
(c) Effective Date.--The amendments made by this section
shall take effect on October 1, 2007.
SEC. 702. REFUND OF INDIVIDUAL CONTRIBUTIONS FOR EDUCATIONAL
ASSISTANCE MADE BY INDIVIDUALS PREVENTED FROM
PURSUING EDUCATIONAL PROGRAMS DUE TO NATURE OF
DISCHARGE.
(a) In General.--Section 3034 of title 38, United States
Code, is amended by adding at the end the following new
subsection:
``(e)(1) In the case of any eligible individual who has
been prevented from pursuing a program of education under
this chapter because the individual has not met the nature of
discharge requirement of this chapter, the Secretary of
Defense shall, upon application of the individual, refund to
the individual the amount determined under paragraph (3) if
the Secretary of Defense determines that the nature of the
discharge was due to minor infractions or deficiencies.
``(2) Paragraph (1) shall not apply to an individual if the
discharge was a dishonorable discharge.
``(3) The amount determined under this paragraph with
respect to any individual is the excess (if any) of--
``(A) the sum of the amounts described in section
3017(b)(1) of this title with respect to the individual, over
``(B) the sum of the amounts described in section
3017(b)(2) of this title with respect to the individual.
``(4) The Secretary of Defense shall make the payments
under this subsection from the funds into which the amounts
described in section 3017(b)(1) of this title were
deposited.''.
(b) Effective Date.--The amendments made by this section
shall apply to discharges after September 30, 2007.
SEC. 703. COMPTROLLER GENERAL REPORT ON PROVISION OF ASSISTED
LIVING BENEFITS FOR VETERANS.
(a) Report Required.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to the congressional veterans
affairs committees a report on the feasability and
advisability of the provision through the Department of
Veterans Affairs of assisted living benefits for veterans who
otherwise qualify for nursing home care through the
Department in lieu of the provision through the Department of
nursing home care for such veterans.
(2) Elements.--The report required by paragraph (1) shall
include--
(A) a description of various current proposals for the
provision through the Department of assisted living benefits
for veterans as described in paragraph (1);
(B) an estimate of the costs of the various proposals
described under subparagraph (A), and an estimate of any cost
savings anticipated to be achieved through the carrying out
of such proposals;
(C) an assessment of feasability and advisability of the
provision through the Department of assisted living benefits
for veterans as described in paragraph (1), including an
identification of the proposal, if any, described in that
paragraph, that would result in the most cost-effective
provision through the Department of assisted living benefits
for veterans; and
(D) such recommendations as the Comptroller General
considers appropriate regarding the provision through the
Department of assisted living benefits for veterans.
(b) Congressional Veterans Affairs Committees Defined.--In
this section, the term ``congressional veterans affairs
committees'' means--
(1) the Committee on Veterans' Affairs and the Committee on
Appropriations of the Senate; and
(2) the Committee on Veterans' Affairs and the Committee on
Appropriations of the House of Representatives.
______
By Mr. LEAHY (for himself, Mr. Brownback, Mrs. Feinstein, Mr.
Hagel, Mr. Inouye, Mr. Roberts, Mr. Brown, Mr. Voinovich, Mr.
Nelson of Nebraska, Mrs. Boxer, and Mr. Akaka):
S. 1327. A bill to create and extend certain temporary district court
judgeships; to the Committee on the Judiciary.
Mr. LEAHY. Mr. President, today I am introducing bipartisan
legislation to address the needs of the Federal Judiciary, our coequal
branch of Government. This bill would respond to a discrete situation
in five States regarding the need for temporary judgeships. In order to
adequately address fluctuations in a court's caseload, Congress can
authorize a judgeship on a temporary basis. These temporary fixes do
not undermine the independence that comes with lifetime appointment to
the judiciary because the judges assigned to fill these vacancies, are,
in fact, appointed for life, as are all Federal judges. They are
temporary in the sense that when these judgeships expire, the next
vacancy in the jurisdiction is not filled and the extra judgeship
expires.
Last Congress two of these needed temporary judgeships were allowed
to expire. One was in Nebraska and the other in California. That was
unfortunate in my view since they continue to have high caseloads. This
legislation would restore those judgeships by reauthorizing those
temporary judgeships to restore the status quo in those two busy
districts.
In addition, three districts have temporary judgeships that are close
to expiration. Caseloads in Ohio, Hawaii, and Kansas remain at a high
level. I
[[Page S5726]]
support acting to ensure their continuation until we have had the
opportunity to conduct a comprehensive review of the judgeship needs
throughout the Federal system. I hope to undertake that review next
year.
This legislation would extend each of the five temporary judgeships
for 10 years. This will allow Congress some flexibility with regard to
future judgeship needs.
This measure is supported by the Judicial Conference of the United
States and every Senator representing the five States. I thank Senators
Feinstein and Brownback, who also serve on the Judiciary Committee, for
their work on this legislation.
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. 1327
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. TEMPORARY JUDGESHIPS FOR DISTRICT COURTS.
(a) Additional Temporary Judgeships.--
(1) In general.--The President shall appoint, by and with
the advice and consent of the Senate--
(A) 1 additional district judge for the eastern district of
California; and
(B) 1 additional district judge for the district of
Nebraska.
(2) Vacancies not filled.--The first vacancy in the office
of district judge in each of the offices of district judge
authorized by this subsection, occurring 10 years or more
after the confirmation date of the judge named to fill the
temporary district judgeship created in the applicable
district by this subsection, shall not be filled.
(b) Extension of Certain Temporary Judgeships.--Section
203(c) of the Judicial Improvements Act of 1990 (Public Law
101-650; 28 U.S.C. 133 note) is amended--
(1) in the second sentence, by inserting ``the district of
Hawaii,'' after ``Pennsylvania,'';
(2) in the third sentence (relating to the district of
Kansas), by striking ``16 years'' and inserting ``26 years'';
(3) in the fifth sentence (relating to the northern
district of Ohio), by striking ``15 years'' and inserting
``25 years''; and
(4) by inserting ``The first vacancy in the office of
district judge in the district of Hawaii occurring 20 years
or more after the confirmation date of the judge named to
fill the temporary judgeship created under this subsection
shall not be filled.'' after the sixth sentence.
Mrs. FEINSTEIN. Mr. President, I am proud to be a cosponsor of
Chairman Leahy's bill, S. 1327, which will reestablish temporary
judgeships where needed in the district courts and extend other
temporary judgeships that are about to expire. The bill will
reestablish a 10-year temporary judgeship in the Eastern District of
California, where it is sorely needed.
The Eastern District has had a temporary judgeship before, but it
expired in the fall of 2004. Even before the temporary judgeship
expired, the caseload in the district was already the second highest in
the Nation: 787 filings per judge, which was almost 50 percent more
than the national average.
Since that time, the situation in the Eastern District has grown even
more dire. Average caseloads across the Nation have declined, but in
the Eastern District they have increased by 18 percent.
The Eastern District of California now has the highest caseload in
the country: 927 filings per judge. That is twice as many cases as the
national average.
It is no exaggeration to say that the judges of the Eastern District
are in desperate need of relief. They have continued to serve with
distinction in the face of the crushing caseloads. Mr. President, two
of the court's senior judges still carry full caseloads after taking
senior status. Two other senior judges are also continuing to hear
cases in the district. There is another reason why it is imperative for
the Senate to act now and adopt this bill. In just a few months, there
will be a vacancy in the Eastern District when Chief Judge David Levi
leaves the bench after 17 years of distinguished service.
It is my hope that Chief Judge Levi's seat can be filled as quickly
as possible with a well qualified nominee. But, as a practical matter,
it is unlikely that the confirmation process for a new judge will be
complete when Chief Judge Levi leaves office.
This will leave the Eastern District with still fewer judges to
handle its highest-in-the-Nation caseload. The district will need even
more help to ensure that cases continue to be handled with the care,
attention, and promptness that are essential to the fair administration
of justice.
I view this bill as an important first step toward getting California
all of the judges it needs. According to the 2007 recommendations of
the Judicial Conference, California needs a total of 12 new judges,
more judges than are needed in any other State in the Nation. Four of
those judges are needed in the Eastern District alone. By adding a
temporary judgeship in the district, this bill will help fill the gap
until the Senate acts to carry out the Judicial Conference's
recommendations.
I thank Chairman Leahy for taking this important first step toward
ensuring that the Federal courts in California have all the judges they
need.
Mr. INOUYE. Mr. President, I rise today to support this bill
addressing the need to extend a number of our temporary judgeships.
My colleagues and I share a common interest in ensuring that the
American public is provided with the most efficient court system
possible. However, across the nation many of our judicial resources are
strained due to our growing population and an increase in the number of
caseloads per judge. Hawaii is no exception, and this bill addresses
our need to maintain our current number of judgeships. This bill offers
a much needed relief to our over-worked courts.
Thank you for allowing me this opportunity to share with you my
thoughts as to the importance of this legislation.
______
By Mr. LEAHY:
S. 1328. A bill to amend the Immigration and Nationality Act to
eliminate discrimination in the immigration laws by permitting
permanent partners of United States citizens and lawful permanent
residents to obtain lawful permanent resident status in the same manner
as spouses of citizens and lawful permanent residents and to penalize
immigration fraud in connection with permanent partnerships; to the
Committee on the Judiciary.
Mr. LEAHY. Mr. President, today I am pleased to reintroduce the
Uniting American Families Act. This legislation would allow U.S.
citizens and legal permanent residents to petition for their foreign
same-sex partners under our family-based immigration system. I hope
that the Senate will demonstrate our Nation's commitment to equality
under the law by passing this measure.
I am pleased to act today in concert with Congressman Nadler, who is
introducing this same measure in the House of Representatives.
Congressman Nadler has been a steady advocate for these changes, and I
commend his efforts to promote fundamental fairness for Americans whose
loved ones are foreign citizens.
Under current law, foreign same-sex partners of Americans are unable
to benefit from the family-based immigration system, which accounts for
the majority of green cards awarded annually. As a result, gay
Americans in this situation face the difficult choice of living apart
from their partner, or leaving the U.S. to reside together.
This bill provides parity while also retaining strong prohibitions
against fraud. To qualify as a permanent partner, potential
beneficiaries must be at least 18 years old and in an exclusive,
committed relationship with an adult U.S. citizen or legal permanent
resident, where both parties intend a lifelong union. The couple must
prove that their union is not cognizable as a marriage under the
Immigration and Nationality Act. Penalties for fraud would be the same
as in any other marriage-based case: up to 5 years in prison and
$250,000 in fines for the petitioner, and possible deportation for the
alien partner.
Like many people across the country, Vermonters involved in permanent
partnerships with foreign nationals often feel abandoned by immigration
laws and restrictions. This bill would allow them, and other gay and
lesbian Americans, to become more fully integrated into our society.
Promoting family unity has long been a critical aim of Federal
immigration policy, and we should honor that purpose by providing all
Americans regardless of their sexual orientation the opportunity to be
with their loved ones.
[[Page S5727]]
The idea that immigration benefits should extend to same-sex couples
is not new. Many nations recognize that their respective immigration
laws should respect family unity, regardless of sexual orientation.
Indeed, 16 of our closest allies--Australia, Belgium, Brazil, Canada,
Denmark, Finland, France, Germany, Iceland, Israel, the Netherlands,
New Zealand, Norway, South Africa, Sweden and the United Kingdom all
acknowledge same-sex couples for immigration purposes.
Our immigration laws treat gays and lesbians in committed
relationships as second-class citizens. This injustice should be
addressed not only on behalf of those individuals but also to promote
more broadly a fair and consistent policy for America. I hope that the
Senate will act to demonstrate our Nation's commitment to equality
under the law.
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. 1328
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; AMENDMENTS TO IMMIGRATION AND
NATIONALITY ACT; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Uniting
American Families Act of 2007''.
(b) Amendments to Immigration and Nationality Act.--Except
as otherwise specifically provided in this Act, if an
amendment or repeal is expressed as the amendment or repeal
of a section or other provision, the reference shall be
considered to be made to that section or provision in the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(c) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; amendments to Immigration and Nationality Act;
table of contents.
Sec. 2. Definitions of permanent partner and permanent partnership.
Sec. 3. Worldwide level of immigration.
Sec. 4. Numerical limitations on individual foreign states.
Sec. 5. Allocation of immigrant visas.
Sec. 6. Procedure for granting immigrant status.
Sec. 7. Annual admission of refugees and admission of emergency
situation refugees.
Sec. 8. Asylum.
Sec. 9. Adjustment of status of refugees.
Sec. 10. Inadmissible aliens.
Sec. 11. Nonimmigrant status for permanent partners awaiting the
availability of an immigrant visa.
Sec. 12. Conditional permanent resident status for certain alien
spouses, permanent partners, and sons and daughters.
Sec. 13. Conditional permanent resident status for certain alien
entrepreneurs, spouses, permanent partners, and children.
Sec. 14. Deportable aliens.
Sec. 15. Removal proceedings.
Sec. 16. Cancellation of removal; adjustment of status.
Sec. 17. Adjustment of status of nonimmigrant to that of person
admitted for permanent residence.
Sec. 18. Application of criminal penalties to for misrepresentation and
concealment of facts regarding permanent partnerships.
Sec. 19. Requirements as to residence, good moral character, attachment
to the principles of the constitution.
Sec. 20. Application of family unity provisions to permanent partners
of certain LIFE Act beneficiaries.
Sec. 21. Application to Cuban Adjustment Act.
SEC. 2. DEFINITIONS OF PERMANENT PARTNER AND PERMANENT
PARTNERSHIP.
Section 101(a) (8 U.S.C. 1101(a)) is amended--
(1) in paragraph (15)(K)(ii), by inserting ``or permanent
partnership'' after ``marriage''; and
(2) by adding at the end the following:
``(52) The term `permanent partner' means an individual 18
years of age or older who--
``(A) is in a committed, intimate relationship with another
individual 18 years of age or older in which both individuals
intend a lifelong commitment;
``(B) is financially interdependent with that other
individual;
``(C) is not married to, or in a permanent partnership
with, any individual other than that other individual;
``(D) is unable to contract with that other individual a
marriage cognizable under this Act; and
``(E) is not a first, second, or third degree blood
relation of that other individual.
``(53) The term `permanent partnership' means the
relationship that exists between 2 permanent partners.''.
SEC. 3. WORLDWIDE LEVEL OF IMMIGRATION.
Section 201(b)(2)(A)(i) (8 U.S.C. 1151(b)(2)(A)(i)) is
amended--
(1) by ``spouse'' each place it appears and inserting
``spouse or permanent partner'';
(2) by striking ``spouses'' and inserting ``spouse,
permanent partner,'';
(3) by inserting ``(or, in the case of a permanent
partnership, whose permanent partnership was not
terminated)'' after ``was not legally separated from the
citizen''; and
(4) by striking ``remarries.'' and inserting ``remarries or
enters a permanent partnership with another person.''.
SEC. 4. NUMERICAL LIMITATIONS ON INDIVIDUAL FOREIGN STATES.
(a) Per Country Levels.--Section 202(a)(4) (8 U.S.C.
1152(a)(4)) is amended--
(1) in the paragraph heading, by inserting ``, permanent
partners,'' after ``spouses'';
(2) in the heading of subparagraph (A), by inserting ``,
permanent partners,'' after ``Spouses''; and
(3) in the heading of subparagraph (C), by striking ``and
daughters'' inserting ``without permanent partners and
unmarried daughters without permanent partners''.
(b) Rules for Chargeability.--Section 202(b)(2) (8 U.S.C.
1152(b)(2)) is amended--
(1) by striking ``his spouse'' and inserting ``his or her
spouse or permanent partner'';
(2) by striking ``such spouse'' each place it appears and
inserting ``such spouse or permanent partner''; and
(3) by inserting ``or permanent partners'' after ``husband
and wife''.
SEC. 5. ALLOCATION OF IMMIGRANT VISAS.
(a) Preference Allocation for Family Members of Permanent
Resident Aliens.--Section 203(a)(2) (8 U.S.C. 1153(a)(2)) is
amended--
(1) by striking the paragraph heading and inserting the
following:
``(2) Spouses, permanent partners, unmarried sons without
permanent partners, and unmarried daughters without permanent
partners of permanent resident aliens.--'';
(2) in subparagraph (A), by inserting ``, permanent
partners,'' after ``spouses''; and
(3) in subparagraph (B), by striking ``or unmarried
daughters'' and inserting ``without permanent partners or the
unmarried daughters without permanent partners''.
(b) Preference Allocation for Sons and Daughters of
Citizens.--Section 203(a)(3) (8 U.S.C. 1153(a)(3)) is
amended--
(1) by striking the paragraph heading and inserting the
following:
``(2) Married sons and daughters of citizens and sons and
daughters with permanent partners of citizens.--''; and
(2) by inserting ``, or sons or daughters with permanent
partners,'' after ``daughters''.
(c) Employment Creation.--Section 203(b)(5)(A)(ii) (8
U.S.C. 1153(b)(5)(A)(ii)) is amended by inserting ``permanent
partner,'' after ``spouse,''.
(d) Treatment of Family Members.--Section 203(d) (8 U.S.C.
1153(d)) is amended--
(1) by inserting ``or permanent partner'' after ``section
101(b)(1)''; and
(2) by inserting ``, permanent partner,'' after ``the
spouse''.
SEC. 6. PROCEDURE FOR GRANTING IMMIGRANT STATUS.
(a) Classification Petitions.--Section 204(a)(1) (8 U.S.C.
1154(a)(1)) is amended--
(1) in subparagraph (A)--
(A) in clause (ii), by inserting ``or permanent partner''
after ``spouse'';
(B) in clause (iii)--
(i) by inserting ``or permanent partner'' after ``spouse''
each place it appears; and
(ii) in subclause (I), by inserting ``or permanent
partnership'' after ``marriage'' each place it appears;
(C) in clause (v)(I), by inserting ``permanent partner,''
after ``is the spouse,'';
(D) in clause (vi)--
(i) by inserting ``or termination of the permanent
partnership'' after ``divorce''; and
(ii) by inserting ``, permanent partner,'' after
``spouse''; and
(2) in subparagraph (B)--
(A) by inserting ``or permanent partner'' after ``spouse''
each place it appears;
(B) in clause (ii)--
(i) in subclause (I)(aa), by inserting ``or permanent
partnership'' after ``marriage'';
(ii) in subclause (I)(bb), by inserting ``or permanent
partnership'' after ``marriage'' the first place it appears;
and
(iii) in subclause (II)(aa), by inserting ``(or the
termination of the permanent partnership)'' after
``termination of the marriage''.
(b) Immigration Fraud Prevention.--Section 204(c) (8 U.S.C.
1154(c)) is amended--
(1) by inserting ``or permanent partner'' after ``spouse''
each place it appears; and
(2) by inserting ``or permanent partnership'' after
``marriage'' each place it appears.
SEC. 7. ANNUAL ADMISSION OF REFUGEES AND ADMISSION OF
EMERGENCY SITUATION REFUGEES.
Section 207(c) (8 U.S.C. 1157(c)) is amended--
(1) in paragraph (2)--
(A) by inserting ``, permanent partner,'' after ``spouse''
each place it appears; and
(B) by inserting ``, permanent partner's,'' after
``spouse's''; and
(2) in paragraph (4), by inserting ``, permanent partner,''
after ``spouse''.
SEC. 8. ASYLUM.
Section 208(b)(3) (8 U.S.C. 1158(b)(3)) is amended--
(1) in the paragraph heading, by inserting ``, permanent
partner,'' after ``spouse''; and
(2) in subparagraph (A), by inserting ``, permanent
partner,'' after ``spouse''.
SEC. 9. ADJUSTMENT OF STATUS OF REFUGEES.
Section 209(b)(3) (8 U.S.C. 1159(b)(3)) is amended by
inserting ``, permanent partner,'' after ``spouse''.
[[Page S5728]]
SEC. 10. INADMISSIBLE ALIENS.
(a) Classes of Aliens Ineligible for Visas or Admission.--
Section 212(a) (8 U.S.C. 1182(a)) is amended--
(1) in paragraph (3)(D)(iv), by inserting ``permanent
partner,'' after ``spouse,'';
(2) in paragraph (4)(C)(i)(I), by inserting ``, permanent
partner,'' after ``spouse'';
(3) in paragraph (6)(E)(ii), by inserting ``permanent
partner,'' after ``spouse,''; and
(4) in paragraph (9)(B)(v), by inserting ``, permanent
partner,'' after ``spouse''.
(b) Waivers.--Section 212(d) (8 U.S.C. 1182(d)) is
amended--
(1) in paragraph (11), by inserting ``permanent partner,''
after ``spouse,''; and
(2) in paragraph (12), by inserting ``, permanent
partner,'' after ``spouse''.
(c) Waivers of Inadmissibility on Health-Related Grounds.--
Section 212(g)(1)(A) (8 U.S.C. 1182(g)(1)(A)) is amended by
inserting ``, permanent partner,'' after ``spouse''.
(d) Waivers of Inadmissibility on Criminal and Related
Grounds.--Section 212(h)(1)(B) (8 U.S.C. 1182(h)(1)(B)) is
amended by inserting ``permanent partner,'' after
``spouse,''.
(e) Waiver of Inadmissibility for Misrepresentation.--
Section 212(i)(1) (8 U.S.C. 1182(i)(1)) is amended by
inserting ``permanent partner,'' after ``spouse,''.
SEC. 11. NONIMMIGRANT STATUS FOR PERMANENT PARTNERS AWAITING
THE AVAILABILITY OF AN IMMIGRANT VISA.
Section 214(r) (8 U.S.C. 1184(r)) is amended--
(1) in paragraph (1), by inserting ``or permanent partner''
after ``spouse''; and
(2) in paragraph (2), by inserting ``or permanent
partnership'' after ``marriage'' each place it appears.
SEC. 12. CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN
ALIEN SPOUSES, PERMANENT PARTNERS, AND SONS AND
DAUGHTERS.
(a) Section Heading.--
(1) In general.--The heading for section 216 (8 U.S.C.
1186a) is amended by striking ``and sons'' and inserting ``,
permanent partners, sons, '' after
(2) Clerical amendment.--The table of contents is amended
by amending the item relating to section 216 to read as
follows:
``Sec. 216. Conditional permanent resident status for certain alien
spouses, permanent partners, sons, and daughters''.
(b) In General.--Section 216(a) (8 U.S.C. 1186a(a)) is
amended--
(1) in paragraph (1), by inserting ``or permanent partner''
after ``spouse''; and
(2) in paragraph (2)--
(A) in subparagraph (A), by inserting ``or permanent
partner'' after ``spouse'';
(B) in subparagraph (B), by inserting ``permanent
partner,'' after ``spouse,''; and
(C) in subparagraph (C), by inserting ``permanent
partner,'' after ``spouse,''.
(c) Termination of Status if Finding That Qualifying
Marriage Improper.--Section 216(b) of such Act (8 U.S.C.
1186a(b)) is amended--
(1) in the subsection heading, by inserting ``or Permanent
Partnership'' after ``Marriage''; and
(2) in paragraph (1)(A)--
(A) by inserting ``or permanent partnership'' after
``marriage''; and
(B) in clause (ii)--
(i) by inserting ``or has ceased to satisfy the criteria
for being considered a permanent partnership under this
Act,'' after ``terminated,''; and
(ii) by inserting ``or permanent partner'' after
``spouse''.
(d) Requirements of Timely Petition and Interview for
Removal of Condition.--Section 216(c) (8 U.S.C. 1186a(c)) is
amended--
(1) in paragraphs (1), (2)(A)(ii), (3)(A)(ii), (3)(C),
(4)(B), and (4)(C), by inserting ``or permanent partner''
after ``spouse'' each place it appears; and
(2) in paragraph (3)(A), (3)(D), (4)(B), and (4)(C), by
inserting ``or permanent partnership'' after ``marriage''
each place it appears.
(e) Contents of Petition.--Section 216(d)(1) of such Act (8
U.S.C. 1186a(d)(1)) is amended--
(1) in subparagraph (A)--
(A) in the heading, by inserting ``or permanent
partnership'' after ``marriage'';
(B) in clause (i)--
(i) by inserting ``or permanent partnership'' after
``marriage'';
(ii) in subclause (I), by inserting before the comma at the
end ``, or is a permanent partnership recognized under this
Act'';
(iii) in subclause (II)--
(I) by inserting ``or has not ceased to satisfy the
criteria for being considered a permanent partnership under
this Act,'' after ``terminated,''; and
(II) by inserting ``or permanent partner'' after
``spouse'';
(C) in clause (ii), by inserting ``or permanent partner''
after ``spouse''; and
(2) in subparagraph (B)(i)--
(A) by inserting ``or permanent partnership'' after
``marriage''; and
(B) by inserting ``or permanent partner'' after ``spouse''.
(f) Definitions.--Section 216(g) (8 U.S.C. 1186a(g)) is
amended--
(1) in paragraph (1)--
(A) by inserting ``or permanent partner'' after ``spouse''
each place it appears; and
(B) by inserting ``or permanent partnership'' after
``marriage'' each place it appears;
(2) in paragraph (2), by inserting ``or permanent
partnership'' after ``marriage'';
(3) in paragraph (3), by inserting ``or permanent
partnership'' after ``marriage''; and
(4) in paragraph (4)--
(A) by inserting ``or permanent partner'' after ``spouse''
each place it appears; and
(B) by inserting ``or permanent partnership'' after
``marriage''.
SEC. 13. CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN
ALIEN ENTREPRENEURS, SPOUSES, PERMANENT
PARTNERS, AND CHILDREN.
(a) In General.--Section 216A (8 U.S.C. 1186b) is amended--
(1) in the section heading, by inserting ``, permanent
partners,'' after ``spouses''; and
(2) in paragraphs (1), (2)(A), (2)(B), and (2)(C), by
inserting ``or permanent partner'' after ``spouse'' each
place it appears.
(b) Termination of Status if Finding That Qualifying
Entrepreneurship Improper.--Section 216A(b)(1) is amended by
inserting ``or permanent partner'' after ``spouse'' in the
matter following subparagraph (C).
(c) Requirements of Timely Petition and Interview for
Removal of Condition.--Section 216A(c) is amended, in
paragraphs (1), (2)(A)(ii), and (3)(C), by inserting ``or
permanent partner'' after ``spouse''.
(d) Definitions.--Section 216A(f)(2) is amended by
inserting ``or permanent partner'' after ``spouse'' each
place it appears.
(e) Clerical Amendment.--The table of contents is amended
by amending the item relating to section 216A to read as
follows:
``Sec. 216. Conditional permanent resident status for certain alien
entrepreneurs, spouses, permanent partners, and
children''.
SEC. 14. DEPORTABLE ALIENS.
Section 237(a)(1) (8 U.S.C. 1227(a)(1)) is amended--
(1) in subparagraph (D)(i), by inserting ``or permanent
partners'' after ``spouses'' each place it appears;
(2) in subparagraphs (E)(ii), (E)(iii), and (H)(i)(I), by
inserting ``or permanent partner'' after ``spouse'';
(3) by inserting after subparagraph (E) the following:
``(F) Permanent partnership fraud.--An alien shall be
considered to be deportable as having procured a visa or
other documentation by fraud (within the meaning of section
212(a)(6)(C)(i)) and to be in the United States in violation
of this Act (within the meaning of subparagraph (B)) if--
``(i) the alien obtains any admission to the United States
with an immigrant visa or other documentation procured on the
basis of a permanent partnership entered into less than 2
years prior to such admission and which, within 2 years
subsequent to such admission, is terminated because the
criteria for permanent partnership are no longer fulfilled,
unless the alien establishes to the satisfaction of the
Secretary of Homeland Security that such permanent
partnership was not contracted for the purpose of evading any
provision of the immigration laws; or
``(ii) it appears to the satisfaction of the Secretary of
Homeland Security that the alien has failed or refused to
fulfill the alien's permanent partnership, which the
Secretary of Homeland Security determines was made for the
purpose of procuring the alien's admission as an
immigrant.''; and
(4) in paragraphs (2)(E)(i) and (3)(C)(ii), by inserting
``or permanent partner'' after ``spouse'' each place it
appears.
SEC. 15. REMOVAL PROCEEDINGS.
Section 240 (8 U.S.C. 1229a) is amended--
(1) in the heading of subsection (c)(7)(C)(iv), by
inserting ``permanent partners,'' after ``spouses,''; and
(2) in subsection (e)(1), by inserting ``permanent
partner,'' after ``spouse,''.
SEC. 16. CANCELLATION OF REMOVAL; ADJUSTMENT OF STATUS.
Section 240A(b) (8 U.S.C. 1229b(b)) is amended--
(1) in paragraph (1)(D), by inserting ``or permanent
partner'' after ``spouse''; and
(2) in paragraph (2)--
(A) in the paragraph heading, by inserting ``, permanent
partner,'' after ``spouse''; and
(B) in subparagraph (A), by inserting ``, permanent
partner,'' after ``spouse'' each place it appears.
SEC. 17. ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF
PERSON ADMITTED FOR PERMANENT RESIDENCE.
(a) Prohibition on Adjustment of Status.--Section 245(d) (8
U.S.C. 1255(d)) is amended by inserting ``or permanent
partnership'' after ``marriage''.
(b) Avoiding Immigration Fraud.--Section 245(e) (8 U.S.C.
1255(e)) is amended--
(1) in paragraph (1), by inserting ``or permanent
partnership'' after ``marriage''; and
(2) by adding at the end the following:
``(4)(A) Paragraph (1) and section 204(g) shall not apply
with respect to a permanent partnership if the alien
establishes by clear and convincing evidence to the
satisfaction of the Secretary of Homeland Security that--
``(i) the permanent partnership was entered into in good
faith and in accordance with section 101(a)(52);
``(ii) the permanent partnership was not entered into for
the purpose of procuring the alien's admission as an
immigrant; and
``(iii) no fee or other consideration was given (other than
a fee or other consideration to an attorney for assistance in
preparation of a lawful petition) for the filing of a
petition under section 204(a) or 214(d) with respect to the
alien permanent partner.
``(B) The Secretary shall promulgate regulations that
provide for only 1 level of administrative appellate review
for each alien under subparagraph (A).''.
[[Page S5729]]
(c) Adjustment of Status for Certain Aliens Paying Fee.--
Section 245(i)(1)(B) (8 U.S.C. 1255(i)(1)(B)) is amended by
inserting ``, permanent partner,'' after ``spouse''.
SEC. 18. APPLICATION OF CRIMINAL PENALTIES TO FOR
MISREPRESENTATION AND CONCEALMENT OF FACTS
REGARDING PERMANENT PARTNERSHIPS.
Section 275(c) (8 U.S.C. 1325(c)) is amended to read as
follows:
``(c) Any individual who knowingly enters into a marriage
or permanent partnership for the purpose of evading any
provision of the immigration laws shall be imprisoned for not
more than 5 years, fined not more than $250,000, or both.''.
SEC. 19. REQUIREMENTS AS TO RESIDENCE, GOOD MORAL CHARACTER,
ATTACHMENT TO THE PRINCIPLES OF THE
CONSTITUTION.
Section 316(b) (8 U.S.C. 1427(b)) is amended by inserting
``, permanent partner,'' after ``spouse''.
SEC. 20. APPLICATION OF FAMILY UNITY PROVISIONS TO PERMANENT
PARTNERS OF CERTAIN LIFE ACT BENEFICIARIES.
Section 1504 of the LIFE Act (division B of Public Law 106-
554; 114 Stat. 2763-325) is amended--
(1) in the heading, by inserting ``, permanent partners,''
after ``spouses'' ;
(2) in subsection (a), by inserting ``, permanent
partner,'' after ``spouse''; and
(3) in each of subsections (b) and (c)--
(A) in the subsection headings, by inserting ``, Permanent
Partners,'' after ``Spouses''; and
(B) by inserting ``, permanent partner,'' after ``spouse''
each place it appears.
SEC. 21. APPLICATION TO CUBAN ADJUSTMENT ACT.
(a) In General.--The first section of Public Law 89-732 (8
U.S.C. 1255 note) is amended--
(1) in the next to last sentence, by inserting ``,
permanent partner,'' after ``spouse'' the first 2 places it
appears; and
(2) in the last sentence, by inserting ``, permanent
partners,'' after ``spouses''.
(b) Conforming Amendment.--Section 101(a)(51)(D) (8 U.S.C.
1101(a)(51)(D)) is amended by striking ``or spouse'' and
inserting ``, spouse, or permanent partner''.
______
By Ms. COLLINS (for herself and Ms. Snowe):
S. 1329. A bill to extend the Acadia National Park Advisory
Commission, to provide improved visitor services at the park, and for
other purposes; to the Committee on Energy and Natural Resources.
Ms. COLLINS. Mr. President, I don't know if the Presiding Officer has
ever visited Acadia National Park along the coast of Maine. It is an
extraordinary place, a place of special beauty. I rise today to
introduce the Acadia National Park Improvement Act Of 2007, with the
senior Senator from Maine, Ms. Snowe, as my cosponsor.
This legislation would take important steps to ensure the long-term
health of one of America's most beloved national parks. It would
increase the land acquisition ceiling at Acadia by $10 million,
facilitate an off-site intermodal transportation center for the Island
Explorer bus system, and extend the Acadia National Park Advisory
Commission.
In drafting this legislation, I have worked very closely with park
officials and also with Friends of Acadia, a nonprofit community
organization that works hard to support the park.
A little background might be helpful. In 1986, Congress enacted
legislation designating the boundary of Acadia National Park. Many
private lands were, however, contained within the permanent authorized
boundary. Congress authorized the park to spend a little over $9
million to acquire those lands from willing sellers.
While all of that money has now been spent, rising land prices have
prevented the money from going as far as Congress originally intended.
There are now more than 100 private tracts left within the official
park boundary. Nearly 20 of these tracts are currently available from
willing sellers, but the park simply no longer has the funds to
purchase them. Our legislation would authorize an additional $10
million to help acquire these lands. I wish to emphasize that the lands
already fall within the authorized boundary of the park, so we are not
talking about enlarging the boundary of the park but, rather, filling
in the holes at Acadia.
Our legislation would also facilitate the development of an
intermodal transportation center as part of the Island Explorer bus
system. The Island Explorer has been extremely successful over its
first 7 years. These low-emission, propane-powered vehicles have
carried more than 1.5 million riders since 1999. In doing so, they have
removed hundreds of thousands of vehicles from the park and
significantly reduced pollution. Unfortunately, the system lacks a
central parking and bus boarding area. As a result, day-use visitors do
not have ready access to the Island Explorer.
My legislation would further facilitate the Department of Interior's
assistance in planning, construction, and operation of an intermodal
transportation center in Trenton, ME. Mr. President, $7 million for
this center was included in the 2005 highway bill at the request of
Senator Snowe and myself. This will include parking for day uses of the
park center, a visitor orientation facility highlighting park and
regional points of interest, a bus boarding area, and a bus maintenance
garage. This center, which will be built in partnership with the
Federal Highway Administration, the U.S. Department of Transportation,
the Maine Department of Transportation, and other partners, will reduce
traffic congestion, preserve park resources, enhance the visitor
experience, and ensure a vibrant tourist economy.
Finally, our legislation would extend the 16-member Acadia National
Park Advisory Commission for an additional 20-year period. This
Commission was created by the Congress back in 1986, and, regrettably,
it expired last year. The Commission consists of three Federal
representatives, three State representatives, four representatives from
local towns, three from the adjacent mainland communities, and three
from the adjacent offshore islands. These representatives serving on
this Commission have provided invaluable advice related to the
management and the development of the park. The superintendent has
found it to be very valuable. The Commission has proven its worth many
times over, and it deserves to be extended for an additional 20 years.
In fact, it probably should just be made permanent.
Acadia National Park is a true gem of the Maine coastline. The park
is one of Maine's most popular tourist destinations, with more than 2
million visitors each year. While unsurpassed in beauty, the park's
ecosystem is very fragile. Unless we are careful, we risk substantial
harm to the very place that Mainers and, indeed, all Americans hold so
dear. In 9 years, Acadia will be 100 years old. Age has brought both
increasing popularity and greater pressures on this national treasure.
By providing an additional $10 million to protect sensitive lands
already within the boundary of the park, by expanding the highly
successful Island Explorer transportation system, and by extending the
Acadia National Park Advisory Commission, this legislation will help to
make the park stronger and healthier than ever on the occasion of its
centennial anniversary.
I yield the floor.
By Mrs. FEINSTEIN (for herself, Mr. Kennedy, Mr. Levin, Mr.
Menendez, Ms. Mikulski, Mrs. Clinton, Mr. Durbin, Mrs. Boxer,
Mr. Lautenberg, Mr. Schumer, and Mr. Dodd):
S. 1331. A bill to regulate .50 BMG caliber sniper rifles; to the
Committee on the Judiciary.
Mrs. FEINSTEIN. Mr. President, I am pleased to join with Senators
Kennedy, Levin, Menendez, Mikulski, Clinton, Durbin, Boxer and
Lautenberg in introducing the Long-Range Sniper Rifle Safety Act of
2007, which would regulate a single type of firearm, 50 BMG caliber
sniper rifles.
Mr. President, 50 BMG caliber sniper rifles are among the most
dangerous firearms in the world. These sniper rifles are capable of
bringing down airplanes and helicopters that are taking off or landing,
and they can pierce light armored personnel vehicles. They have
extraordinary range, up to a mile with accuracy, with a maximum
distance of up to 4 miles. Under President Clinton, the State
Department suspended all export of these weapons for civilian use in
foreign countries. The Bush administration initially changed this rule
to allow such sales, but after 9/11 it decided to reinstate this ban.
Yet here in the United States, our laws continue to classify these
weapons as ``long guns'', subject to the least government regulation of
any firearms. Current Federal law makes no distinction between a .22
caliber target rifle, a .30-06 caliber hunting weapon, and this large-
caliber .50 BMG combat weapon. In some States, youngsters who are 14
years old can get .50 BMG caliber sniper rifles, with no limitation on
second-
[[Page S5730]]
hand sales. In fact, anyone who can own a rifle can buy a .50 BMG
caliber sniper rifle. No permits. No licenses. No wait.
That is why I am introducing this legislation today, just as I have
introduced similar legislation in the last 3 sessions of Congress. The
bill would:
Add these uniquely powerful sniper rifles to the list of firearms
classified as ``destructive devices'', which would mean they must be
registered when purchased or sold;
require the same registration for any ``copycat'' sniper rifles that
might be developed in the future with destructive power that is
equivalent to the .50 BMG caliber sniper rifle; and
allow people who already possess .50 BMG caliber sniper weapons up to
7 years to register their existing firearms, by implementing a
registration process similar to what was used when ``street sweeper''
and other firearms were reclassified as ``destructive devices'' in
1994.
This bill would not ban any firearms, including .50 BMG caliber
sniper rifles. Instead, it would change the law by treating .50 BMG
caliber sniper rifles in the same way we now treat ``street sweeper''
shotguns, silencers, and any rifle with a dimension larger than .50
caliber. It would regulate these weapons, making it harder for
terrorists and others to buy these combat weapons for illegitimate use.
This is not your classic hunting rifle. These weapons weigh up to 28
pounds, and have a price tag of between $2,200 and $6,750. And they
fire the most powerful commonly available cartridges, the massive BMG,
Browning Machine Gun, bullet, which has a diameter of \1/2\ inch and a
length of 3-6 inches.
These rounds are almost as big as my hand. The Congressional Research
Service says that a .50 BMG caliber cartridge weighs four and a half
times more, and has five times more propellant, than the cartridges
used in similar midsize rifles, like the .308 Winchester.
This is a weapon designed to kill people efficiently, and destroy
machinery, at a great distance. And the distances are frankly
astonishing. In fact, this weapon was able to kill a person from a
greater distance than any other sniper rifle with a world-record
confirmed distance of 2,430 meters, a mile and a half away.
These weapons are ``accurate'' up to 2,000 yards, a distance that
means it will strike a standard target within this range more than a
mile away. To illustrate what this means, a shooter standing on
Alcatraz Island off of San Francisco could sight and kill a person at
Pier 39.
And the gun has a maximum range of up to 7,500 yards, meaning that
while accuracy cannot be guaranteed, the round can strike a target at
this distance. Imagine 75 football fields lined up end to end, a
distance of over 4 miles. This means a shooter at the Sausalito marina
could send bullets crashing into the San Francisco marina.
In short, these are military combat-style weapons. The .50 BMG
cartridge has been used by our forces in machine guns since World War
I, and our military has utilized .50 BMG caliber sniper rifles in the
gulf war, and now in Afghanistan and Iraq. They can shoot through
almost anything, a bunker, bulletproof glass, a 3\1/2\ inch thick
manhole cover, a 600-pound safe.
But as the GAO noted in 1999, many of these guns also wind up in the
hands of domestic and international terrorists, religious cults,
international and domestic drug traffickers, and violent criminals.
In 1998, Federal law enforcement apprehended three men belonging to a
radical Michigan militia group. The three were charged with plotting to
bomb Federal office buildings, destroy highways and utilities. They
were also charged with plotting to assassinate a Governor, and other
high-ranking political and judicial officers. A .50-caliber sniper
rifle was found in their possession along with a cache of weapons that
included three illegal machine guns.
One doomsday cult headquartered in Montana purchased 10 of these guns
and stockpiled them in an underground bunker, along with thousands of
rounds of ammunition and other guns.
At least one .50-caliber gun was recovered by Mexican authorities
after a shoot-out with an international drug cartel in that country.
The gun was originally purchased in Wyoming.
Since the GAO report, it was also revealed in a federal trial in
Manhattan that al-Qaida received .50-caliber sniper rifles, rifles
manufactured right here in the United States. Essam al Ridi, an al-
Qaida associate, testified that he acquired 25 Barrett .50-caliber
sniper rifles and shipped them to al-Qaida members in Afghanistan.
What sort of damage could these weapons do in the wrong hands? The
U.S. Air Force conducted a study, and determined that planes parked on
a fully protected U.S. airbase would be as vulnerable as ``ducks on a
pond'' against a sniper with a .50-caliber weapon, because the weapons
can shoot from beyond most airbase perimeters.
The RAND Corporation confirmed this, releasing a report which
identified 11 potential terrorist scenarios at Los Angeles
International Airport. In one scenario, ``a sniper, using a .50 caliber
rifle, fires at parked and taxiing aircraft.'' The report concludes:
``we were unable to identify any truly satisfactory solutions'' for
such an attack.
One need not even search for reports, the weapon's manufacturers
admit it. One Barrett .50 caliber brochure says:
[A] round of ammunition purchased for less than ten U.S.
dollars can be used to destroy or disable a modern jet
aircraft. The compressor sections of jet engines or the
transmissions of helicopters are likely targets for the
weapon, making it capable of destroying multimillion dollar
aircraft with a single hit delivered to a vital area.
And it is not just aircraft. A terrorist using this rifle could punch
holes in pressurized chemical tanks, igniting combustible materials or
leaking hazardous gases. Or penetrate armored vehicles used by law
enforcement, or protective limousines, like those used here in
Washington.
No wonder a broad coalition of law enforcement officers and groups,
detailing the threat that these weapons pose to our first responders,
said:
The fact that these weapons have a range of more than four
miles and can take down commercial airliners is reason enough
to keep these weapons off our streets. It is of special
concern to the law enforcement community that these weapons
of war are capable of penetrating our special operations
vehicles, tactical equipment and helicopters.
This gun is so powerful that one dealer told undercover Government
Accountability Office investigators:
You'd better buy one soon. It's only a matter of time
before someone lets go a round on a range that travels so
far, it hits a school bus full of kids. The government will
definitely ban .50-calibers. This gun is just too powerful.
In fact, many ranges used for target practice do not even have enough
safety features to accommodate these guns.
Special ammunition for these guns is also readily available in stores
and on the Internet. This is perfectly legal. Moreover, ``armor-
piercing incendiary'' ammunition, which explodes on impact, can be
purchased online, as demonstrated in a ``60 Minutes'' news report.
Several ammunition dealers were willing to sell armor-piercing
ammunition to an undercover GAO investigator, even after the
investigator said he wanted the ammunition to pierce an armored
limousine or maybe to shoot down a helicopter.
The bottom line is that the .50 BMG caliber sniper rifle is a
national security threat requiring action by Congress. It makes no
sense for us to spend billions of dollars on homeland security while we
allow terrorists and criminals to get weapons that can serve as tools
for terrorism.
The legislation that I am introducing has been carefully tailored,
and refines my earlier bills. In fact, it is narrower than my earlier
bills, in that it regulates only .50 ``BMG'' caliber sniper rifles, not
all .50 caliber rifles.
There is no doubt that the .50 BMG caliber is the most powerful
commonly available cartridge not considered a destructive device under
the National Firearms Act. It is in a class by itself. And that's why
this bill puts .50 BMG caliber sniper rifles into the class of firearms
called destructive devices. Because that is where they belong.
Congress would not be alone in treating the .50 BMG caliber sniper
rifle as the unique weapon of destruction that it is. My home State of
California has regulated .50 BMG caliber sniper rifles since 2004, in a
law signed by Governor Arnold Schwarzenegger. The bill I introduce
would adopt a similar registration system nationwide.
[[Page S5731]]
In fact, Congress itself has previously recognized the unique
destructive properties of this weapon. Ever since 2000, our DOD
Appropriations bills have contained a special restriction on the
Department of Defense's ability to sell surplus armor-piercing
ammunition for .50 caliber weapons to civilians through its
demilitarization program.
This is a weapon that should not be openly available to terrorists
and criminals, but should be responsibly controlled through carefully
crafted regulation. I urge my colleagues to support this legislation.
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. 1331
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 ``Long-Range Sniper Rifle
Safety Act of 2007''.
SEC. 2. COVERAGE OF .50 BMG CALIBER SNIPER RIFLES UNDER THE
GUN CONTROL ACT OF 1968.
(a) In General.--Section 921(a)(4)(B) of title 18, United
States Code, is amended--
(1) by striking ``any type of weapon'' and inserting the
following: ``any--
``(i) type of weapon''; and
(2) by striking ``and'' at the end and inserting the
following: ``or
``(ii) .50 BMG caliber sniper rifle; and''.
(b) Definition of .50 BMG Caliber Sniper Rifle.--Section
921(a) of title 18, United States Code, is amended by adding
at the end the following:
``(36) The term `.50 BMG caliber sniper rifle' means--
``(A) a rifle capable of firing a center-fire cartridge in
.50 BMG caliber, including a 12.7 mm equivalent of .50 BMG
and any other metric equivalent; or
``(B) a copy or duplicate of any rifle described in
subparagraph (A), or any other rifle developed and
manufactured after the date of enactment of this paragraph,
regardless of caliber, if such rifle is capable of firing a
projectile that attains a muzzle energy of 12,000 foot-pounds
or greater in any combination of bullet, propellant, case, or
primer.''.
SEC. 3. COVERAGE OF .50 BMG CALIBER SNIPER RIFLES UNDER THE
NATIONAL FIREARMS ACT.
(a) In General.--Section 5845(f) of the National Firearms
Act (26 U.S.C. 5845(f)) is amended--
(1) by striking ``and (3)'' and inserting ``(3) any .50 BMG
caliber sniper rifle (as that term is defined in section 921
of title 18, United States Code); and (4)''; and
(2) by striking ``(1) and (2)'' and inserting ``(1), (2),
or (3)''.
(b) Modification to Definition of Rifle.--Section 5845(c)
of the National Firearms Act (26 U.S.C. 5845(c)) is amended
by inserting ``or from a bipod or other support'' after
``shoulder''.
SEC. 4. IMPLEMENTATION.
Not later than 30 days after the date of enactment of this
Act, the Attorney General shall implement regulations
providing for notice and registration of .50 BMG caliber
sniper rifles as destructive devices (as those terms are
defined in section 921 of title 18, United States Code, as
amended by this Act) under this Act and the amendments made
by this Act, including the use of a notice and registration
process similar to that used when the USAS-12, Striker 12,
and Streetsweeper shotguns were reclassified as destructive
devices and registered between 1994 and 2001 (ATF Ruling 94-1
(ATF Q.B. 1994-1, 22); ATF Ruling 94-2 (ATF Q.B. 1994-1, 24);
and ATF Ruling 2001-1 (66 Fed. Reg. 9748)). The Attorney
General shall ensure that under the regulations issued under
this section, the time period for the registration of any
previously unregistered .50 BMG caliber sniper rifle shall
end not later than 7 years after the date of enactment of
this Act.
______
By Mr. REID (for Mr. Kennedy (for himself, Mr. Domenici, Mr.
Dodd, and Mr. Enzi)):
S. 1332. A bill to amend the Public Health Service Act to revise and
extend projects relating to children and violence to provide access to
school-based comprehensive mental health programs; to the Committee on
Health, Education, Labor, and Pensions.
Mr. KENNEDY. Mr. President, it's a privilege to join my colleagues
Senator Dodd, Senator Domenici and Senator Ensign in introducing the
Mental Health in Schools Act of 2007 to assist the Nation's public
schools in providing better access to mental health services for their
students.
The need for these services has never been greater. The tragic events
at Columbine, Nickel Mines, and Virginia Tech underscore the fact that
when left untreated, childhood mental disorders can lead to academic
failure, family conflicts, substance abuse, violence, and suicide.
Comprehensive school mental health program should be designed for all
students. They should obviously include both identification and
referral of specific individuals for treatment, but they should also
include programs and services that promote positive mental health and
prevent mental health problems for a broader population of students.
Strong mental health, similar to strong physical health, makes it
possible for children to develop socially, emotionally, and
intellectually. We know that mental illnesses often appear for the
first time during childhood and adolescence. One in five children has a
diagnosable mental disorder, yet three-quarters of children and youth
who need mental health services do not receive them. With proper care
and treatment, approximately 80 percent of people with mental illness
experience a significant reduction of symptoms and a better quality of
life.
Our schools are important settings for recognizing and addressing
children's mental disorders. In fact schools often function as the de
facto mental health system for children and adolescents. Especially in
rural areas, schools are likely to provide the only mental health
services available, for children.
Effective school mental health programs reflect the cooperation and
commitment of families, students, educators, and other community
partners.
However, of the 95,000 public schools in the United States, only half
report having formal partnerships with community mental health
providers to deliver mental health services.
The services and support provided through these partnerships should
be family-centered and community-centered, and should also be
culturally and linguistically appropriate.
The goal of the Mental Health in Schools Act is to assist local
communities in developing comprehensive school mental health programs
that provide a continuum of services for students.
I urge the Senate to join us in supporting schools and communities in
expanding their mental health programs to make them more comprehensive,
so that our school children across the nation can receive the proper
support and services they need in order to thrive in our society and
become productive citizens.
I ask unanimous consent 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. 1332
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 ``Mental Health in Schools Act
of 2007''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Approximately 1 in 5 children have a diagnosable mental
disorder.
(2) Approximately 1 in 10 children have a serious emotional
or behavioral disorder that is severe enough to cause
substantial impairment in functioning at home, at school, or
in the community. It is estimated that about 75 percent of
children with emotional and behavioral disorders do not
receive specialty mental health services.
(3) Only half of schools across the United States report
having formal partnerships with community mental health
providers to deliver mental health services.
(4) If a school is going to respond to the mental health
needs of its students, it must have access to resources that
provide family-centered, culturally and linguistically
appropriate supports and services.
(5) Effective school mental health programs reflect the
collaboration and commitment of families, students,
educators, and other community partners.
SEC. 3. PURPOSES.
It is the purpose of this Act to--
(1) revise, increase funding for, and expand the scope of
the Safe Schools-Healthy Students program in order to provide
access to more comprehensive school-based mental health
services and supports; and
(2) provide for in-service training to all school personnel
in--
(A) the techniques and supports needed to identify early
children with, or at risk of, mental illness;
(B) the use of referral mechanisms that effectively link
such children to treatment intervention services; and
(C) strategies that promote a school-wide positive
environment.
SEC. 4. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT.
(a) Technical Amendments.--The second part G (relating to
services provided through religious organizations) of title V
of the Public Health Service Act (42 U.S.C. 290kk et seq.) is
amended--
[[Page S5732]]
(1) by redesignating such part as part J; and
(2) by redesignating sections 581 through 584 as sections
596 through 596C, respectively.
(b) Purpose and Authority.--Subsection (a) of section 581
of the Public Health Service Act (42 U.S.C. 290hh(a)) is
amended to read as follows:
``(a) In General.--The Secretary, in collaboration with the
Secretary of Education and in consultation with the Attorney
General, shall, directly or through grants, contracts or
cooperative agreements awarded to public entities and local
education agencies, assist local communities and schools in
applying a public health approach to mental health services
both in schools and in the community. Such approach should
provide comprehensive services and supports, be
linguistically and culturally appropriate, and incorporate
strategies of positive behavioral interventions and supports.
A comprehensive school mental health program funded under
this section shall assist children in dealing with
violence.''.
(c) Activities.--Section 581(b) of the Public Health
Service Act (42 U.S.C. 290hh(b)) is amended--
(1) in paragraph (1), by striking ``implement programs''
and inserting ``implement a comprehensive culturally and
linguistically appropriate school mental health program that
incorporates positive behavioral interventions and
supports'';
(2) in paragraph (3), by inserting ``child and adolescent
mental health issues and'' after ``address''; and
(3) by striking paragraph (4) and inserting the following:
``(4) facilitate community partnerships among families,
students, law enforcement agencies, education systems, mental
health and substance abuse service systems, family-based
mental health service systems, welfare agencies, healthcare
service systems, and other community-based systems;''.
(d) Requirements.--Subsection (c) of section 581 of the
Public Health Service Act (42 U.S.C. 290hh(c)) is amended to
read as follows:
``(c) Requirements.--
``(1) In general.--To be eligible for a grant, contract, or
cooperative agreement under subsection (a) an entity shall--
``(A) be a partnership between a local education agency and
at least one community program or agency that is involved in
mental health; and
``(B) submit an application, that is endorsed by all
members of the partnership, that makes the assurances
described in paragraph (2).
``(2) Required assurances.--An application under paragraph
(1) shall assure the following:
``(A) That the applicant will ensure that, in carrying out
activities under this section, the local educational agency
involved will enter into a memorandum of understanding--
``(i) with, at a minimum, public or private mental health
entities, healthcare entities, law enforcement or juvenile
justice entities, child welfare agencies, family-based mental
health entities, families and family organizations, and other
community-based entities; and
``(ii) that clearly states--
``(I) the responsibilities of each partner with respect to
the activities to be carried out;
``(II) how each such partner will be accountable for
carrying out such responsibilities; and
``(III) the amount of non-Federal funding or in-kind
contributions that each such partner will contribute in order
to sustain the program.
``(B) That the comprehensive school-based mental health
program carried out under this section support the flexible
use of funds to address--
``(i) the promotion of the social, emotional, and
behavioral health of all students in an environment that is
conducive to learning;
``(ii) the reduction in the likelihood of at risk students
developing social, emotional, or behavioral health problems;
``(iii) the treatment or referral for treatment of students
with existing social, emotional, or behavioral health
problems;
``(iv) the early identification of social, emotional, or
behavioral problems and the provision of early intervention
services; and
``(v) the development and implementation of programs to
assist children in dealing with violence.
``(C) That the comprehensive mental health program carried
out under this section will provide for culturally and
linguistically appropriate in-service training of all school
personnel, including ancillary staff and volunteers, in--
``(i) the techniques and support needed to identify early
children with, or at risk of, mental illness;
``(ii) the use of referral mechanisms that effectively link
such children to treatment intervention services; and
``(iii) strategies that promote a schoolwide positive
environment, and includes an on-going training component.
``(D) That the comprehensive school-based mental health
programs carried out under this section will demonstrate the
measures to be taken to sustain the program after funding
under this section terminates.
``(E) That the local education agency partnership involved
is supported by the State educational and mental health
system to ensure that the sustainability of the programs is
established after funding under this section terminates.
``(F) That the comprehensive school-based mental health
program carried out under this section is based on evidence-
based practices.
``(G) That the comprehensive school-based mental health
program carried out under this section is coordinated with
early intervening activities carried out under the
Individuals with Disabilities Education Act (20 U.S.C. 1400
et seq.).
``(H) That the comprehensive school-based mental health
program carried out under this section is culturally and
linguistically appropriate.''.
(e) Duration.--Section 581(e) of the Public Health Service
Act (42 U.S.C. 290hh(e)) is amended--
(1) by striking ``may not exceed'' and inserting ``shall
be''; and
(2) by adding at the end the following: ``An entity may
only receive one award under this section, except that an
entity that is providing services and supports on a regional
basis may receive additional funding after the expiration of
the preceding grant period.''.
(f) Evaluation.--Subsection (f) of section 581 of the
Public Health Service Act (42 U.S.C. 290kk(f)) is amended to
read as follows:
``(f) Evaluation and Measures of Outcomes.--
``(1) Development of process.--The Administrator shall
develop a process for evaluating activities carried out under
this section. Such process shall include--
``(A) the development of guidelines for the submission of
program data by such recipients;
``(B) the development of measures of outcomes (in
accordance with paragraph (2)) to be applied by such
recipients in evaluating programs carried out under this
section; and
``(C) the submission of annual reports by such recipients
concerning the effectiveness of programs carried out under
this section.
``(2) Measures of outcomes.--
``(A) In general.--The Administrator shall develop measures
of outcomes to be applied by recipients of assistance under
this section, and the Administrator, in evaluating the
effectiveness of programs carried out under this section.
Such measures shall include student and family measures as
provided for in subparagraph (B) and local educational
measures as provided for under subparagraph (C).
``(B) Student and family measures of outcomes.--The
measures of outcomes developed under paragraph (1)(B)
relating to students and families shall, with respect to
activities carried out under a program under this section, at
a minimum include provisions to evaluate--
``(i) whether the program resulted in an increase in social
and emotional competency;
``(ii) whether the program resulted in an increase in
academic competency;
``(iii) whether the program resulted in a reduction in
disruptive and aggressive behaviors;
``(iv) whether the program resulted in improved family
functioning;
``(v) whether the program resulted in a reduction in
substance abuse;
``(vi) whether the program resulted in a reduction in
suspensions, truancy, expulsions and violence;
``(vii) whether the program resulted in increased
graduation rates; and
``(viii) whether the program resulted in improved access to
care for mental health disorders.
``(C) Local educational outcomes.--The outcome measures
developed under paragraph (1)(B) relating to local
educational systems shall, with respect to activities carried
out under a program under this section, at a minimum include
provisions to evaluate--
``(i) the effectiveness of comprehensive school mental
health programs established under this section;
``(ii) the effectiveness of formal partnership linkages
among child and family serving institutions, community
support systems, and the educational system;
``(iii) the progress made in sustaining the program once
funding under the grant has expired; and
``(iv) the effectiveness of training and professional
development programs for all school personnel that
incorporate indicators that measure cultural and linguistic
competencies under the program in a manner that incorporates
appropriate cultural and linguistic training.
``(3) Submission of annual data.--An entity that receives a
grant, contract, or cooperative agreement under this section
shall annually submit to the Administrator a report that
include data to evaluate the success of the program carried
out by the entity based on whether such program is achieving
the purposes of the program. Such reports shall utilize the
measures of outcomes under paragraph (2) in a reasonable
manner to demonstrate the progress of the program in
achieving such purposes.
``(4) Evaluation by administrator.--Based on the data
submitted under paragraph (3), the Administrator shall
annually submit to Congress a report concerning the results
and effectiveness of the programs carried out with assistance
received under this section.''.
(g) Authorization of Appropriations and Amount of Grants.--
Subsection (h) of section 581 of the Public Health Service
Act (42 U.S.C. 290hh(h)) is amended to read as follows:
[[Page S5733]]
``(h) Amount of Grants and Authorization of
Appropriations.--
``(1) Amount of grants.--A grant under this section shall
be in an amount that is not more than $1,000,000 for each of
grant years 2008 through 2012. The Secretary shall determine
the amount of each such grant based on the population of
children between the ages of 0 to 21 of the area to be served
under the grant.
``(2) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section, $200,000,000
for each of fiscal years 2008 through 2012.''.
(h) Conforming Amendments.--Part G of title V of the Public
Health Service Act (42 U.S.C. 290hh et seq.), as amended by
this section, is further amended--
(1) by striking the part heading and inserting the
following:
``PART VII--SCHOOL-BASED MENTAL HEALTH''; and
(2) in section 581, by striking the section heading and
inserting the following:
``SEC. 581. SCHOOL-BASED MENTAL HEALTH AND CHILDREN AND
VIOLENCE.''.
Mr. DOMENICI. Mr. President, I rise today with my colleagues Senator
Kennedy and Senator Dodd to introduce the Mental Health in Schools Act
of 2007. This bill amends the Safe Schools Healthy Students Act to
reauthorize projects relating to children and violence and also expands
the program to help provide access to school-based mental health
programs.
The mental health of our children is as important as their overall
physical health. As a Nation, we have repeatedly seen tragic stories
related to children whose mental health needs were not met. Recent
studies indicate approximately 1 in 5 children have a diagnosable
mental disorder and one in ten children have a serious emotional or
behavioral disorder that is severe enough to cause substantial
impairment in functioning at home, at school, or in the community.
The Mental Health in Schools Act of 2007 provides funding to local
education agencies, LEAs, in partnership with their communities to
develop and implement mental health service programs in schools. The
funding will also be used to provide for in-service training to all
school personnel in the techniques and supports related to mental
health. It is our belief that these programs have the potential to not
only improve access to care for mental health disorders but also to
help increase academic competency and improved family functioning.
Investing in effective mental health treatment can mean the
difference between a child's success and failure in school and in
society. The most effective mental health care must be tailored to the
child's and family's needs, and must be accessible and available when
and where they need it. Children and their families' needs often cross
multiple systems. Communities need sustainable tools to link or
integrate those systems to meet those needs.
We must recognize that children do not have to remain neglected when
it comes to their mental health. The future of children's mental health
care is very promising. Programs promoting mental health work, and when
they do, the resilience of a child can grow while diminishing the
challenging behaviors associated with mental health problems and
emotional disturbances. It is important to recognize that as a Nation
and as a society, we have come a long way in understanding mental
illness and its impact on children and adolescents. Research has made
extraordinary leaps forward, giving us a better understanding of the
disorders and the evidence-based treatments, services and supports that
build resilience and facilitate recovery for children and adolescents.
We have seen over and over again that not offering effective mental
health care has many ramifications, not the least of which is violence,
substance abuse and poor academic performance. Much more is required of
us as a Nation to secure the whole health and well-being of our future,
our children and youth. Now is the time to begin a national debate on
mental health care and its importance to our children. I think the bill
we are introducing here is a great start and I look forward to working
with my colleagues to pass this important legislation.
______
By Mr. KERRY:
S. 1333. A bill to amend the Internal Revenue Code of 1986 to
strengthen the earned income tax credit; to the Committee on Finance.
Mr. KERRY. Mr. President, today I am introducing the Strengthen the
Earned Income Tax Credit Act of 2007. Congressman Pascrell is
introducing the companion measure in the House. Since 1975, the EITC
has been an innovative tax credit which helps low-income working
families. President Reagan referred to the EITC as ``the best
antipoverty, the best pro-family, the best job creation measure to come
out of Congress.'' According to the Center on Budget and Policy
Priorities, the EITC lifts more children out of poverty than any other
government program.
It is time for us to reexamine the EITC and determine where we can
strengthen it. It should not have taken Hurricane Katrina to show what
Census data has proven--- some Americans are not benefiting from our
economic recovery. The poverty rate for 2005 was 12.6 percent,
basically the same as the rate for 2004. In 2005, there were 37 million
men, women and children living in poverty. One-quarter of all jobs in
the United States do not pay enough to support a family of four above
the poverty level.
Hurricane Katrina affected many individuals who were already faced
with difficult economic situations. Mississippi, Louisiana, and Alabama
are the first, second, and eighth poorest States in the Nation
respectively. The income of the typical household in these three States
is well below the national average. In the hardest hit counties, 18.6
percent of the population is poor, compared with a national average of
12.5 percent.
Time after time, the Republican controlled Congress passed tax cuts
which are skewed towards those with the most. In 2003, some of the 2001
cuts were phased-in at a faster rate and this did not include
adjustments to the EITC. The Urban Institute, Brookings Institution's
Tax Policy Center, reports that households with incomes of more than $1
million a year, the richest three-tenths of the population, receive an
average tax cut of $118,000. These individuals do not have to worry
about how they will have to pay for a roof over their heads or enough
food for their families. We should not be focused on extending tax cuts
which help those who do not have to worry about living pay check to pay
check.
We need to help the low-income workers who struggle day after day
trying to make ends meet. They have been left behind in the economic
policies of the last 6 years. We need to begin a discussion on how to
help those that have been left behind. The EITC is the perfect place to
start.
The Strengthen the Earned Income Tax Credit Act of 2007 strengthens
the EITC by making the following four changes: reducing the marriage
penalty; increasing the credit for families with three or more
children; expanding credit amount for individuals with no children; and
permanently extending the provision which allows members of the armed
forces to include combat pay as income for EITC computations. By making
these changes, more individuals and families would benefit from the
EITC.
First, the legislation increases marriage penalty relief and makes it
permanent. In the way that the EITC is currently structured, many
single individuals that marry find themselves faced with a reduction in
their EITC. The tax code should not penalize individuals who marry.
Second, the legislation increases the credit for families with three
or more children. Under current law, the credit amount is based on one
child or two or more children. This legislation would create a new
credit amount based on three or more children. Under current law, the
maximum EITC for an individual with two or more children is $4,716 and
under this legislation, the amount would increase to $5,306 for an
individual with three or more children. The poverty level for an adult
living with three children is $20,516. In total, 37 percent of all
children live in families with at least three children and more than
half of poor children live in such families. Under current law, an
adult living with three children who is eligible for the maximum EITC
with income equivalent to the phase-out income level would still have
income below the poverty level. Under this legislation, an individual
with three children and who is eligible for the full credit amount
would be lifted above the poverty level by the amount of the credit.
[[Page S5734]]
Increasing the credit amount would make more families eligible for
the EITC. Currently, an individual with three children and income at
and above $37,783 would not benefit from the credit. Under this
legislation, an individual with children and income under $40,582 would
benefit from the EITC.
Third, this legislation would increase the credit amount for
childless workers. The EITC was designed to help childless workers
offset their payroll tax liability. The credit phase-in was set to
equal the employee share of the payroll tax, 7.65 percent. However, in
reality, the employee bears the burden of both the employee and
employer portion of the payroll tax.
Under current law, an individual without children and income just
above the poverty level would owe more than $800 in Federal income and
payroll taxes in 2007, even with the EITC. This calculation is based on
just the employee's share of the payroll tax. If you include the
employer's share this individual would owe more than $1,600 in taxes.
The decline in the labor force of single men has been troubling.
Boosting the EITC for childless workers could be part of solution for
increasing work among this group. Increasing the EITC for families has
increased labor rates for single mothers and hopefully, it can do the
same for this group.
This legislation doubles the credit rate for individual taxpayer and
married taxpayers without children. The credit rate and phase-out rate
of 7.65 percent is doubled to 15.3 percent. For 2007, the maximum
credit amount for an individual would increase from $428 to $855. The
doubling of the phase-out results in taxpayers in the same income range
being eligible for the credit.
Fourth, the Working Families Tax Relief Act of 2004 included a
provision which would allow combat pay to be treated as earned income
for purposes of computing the child credit. This provision expires at
the end of the year. This legislation makes this provision permanent.
There is no reason why a member of the armed services should lose their
EITC when they are mobilized and serving their country.
This legislation will help those who most need our help. It will put
more money in their pay check. We need to invest in our families and
help individuals who want to make a living by working. We are all aware
of our fiscal situation and we should legislate in a responsible
manner. It is a time for shared sacrifice. We cannot keep adding to the
deficit, but we cannot leave the poor behind.
I ask for 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. 1333
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 ``Strengthen the Earned Income
Tax Credit Act of 2007''.
SEC. 2. STRENGTHEN THE EARNED INCOME TAX CREDIT.
(a) Reduction in Marriage Penalty.--
(1) In general.--Section 32(b)(2)(B) of the Internal
Revenue Code of 1986 (relating to joint returns) is amended--
(A) by striking ``, 2006, and 2007'' in clause (ii) and
inserting ``and 2006'', and
(B) by striking clause (iii) and inserting the following
new clauses:
``(iii) $3,500 in the case of taxable years beginning in
2007,
``(iv) $4,000 in the case of taxable years beginning in
2008,
``(v) $4,500 in the case of taxable years beginning in
2009, and
``(vi) $5,000 in the case of taxable years beginning after
2009.''.
(2) Inflation adjustment.--Section 32(j)(1)(B)(ii) of such
Code is amended--
(A) by striking ``$3,000 amount in subsection
(b)(2)(B)(iii)'' and inserting ``$5,000 amount in subsection
(b)(2)(B)(vi)'', and
(B) by striking ``2007'' and inserting ``2009''.
(3) Provisions not subject to sunset.--Title IX of the
Economic Growth and Tax Relief Reconciliation Act of 2001
(relating to sunset provisions of such Act) shall not apply
to section 303(a) of such Act.
(b) Increase in Credit Percentage for Families With 3 or
More Children.--The table contained in section 32(b)(1)(A) of
such Code (relating to percentages) is amended--
(1) by striking ``2 or more qualifying children'' in the
second row and inserting ``2 qualifying children'', and
(2) by inserting after the second row the following new
item:
------------------------------------------------------------------------
------------------------------------------------------------------------
3 or more qualifying children..... 45.................. 21.06.
------------------------------------------------------------------------
(c) Credit Increase and Reduction in Phaseout for
Individuals With No Children.--The table contained in section
32(b)(1)(A) of such Code is amended--
(1) by striking ``7.65'' in the second column of the third
row and inserting ``15.3'', and
(2) by striking ``7.65'' in the third column of the third
row and inserting ``15.3''.
(d) Permanent Extension of Special Rule Treating Combat Pay
as Earned Income.--
(1) In general.--Clause (vi) of section 32(c)(2)(B) of such
Code (relating to earned income) is amended to read as
follows:
``(iv) a taxpayer may elect to treat amounts excluded from
gross income by reason of section 112 as earned income.''.
(2) Provision not subject to sunset.--Section 105 of the
Working Families Tax Relief Act of 2004 (relating to
application of EGTRRA sunset to this title) shall not apply
to section 104(b) of such Act.
(e) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2006.
______
By Mr. DODD (for himself, Mr. Voinovich, Mr. Conrad, Mr. Kerry,
Mr. Byrd, and Mr. Brown):
S. 1334. A bill to amend section 2306 of title 38, United States
Code, to make permanent authority to furnish government headstones and
markers for graves of veterans at private cemeteries, and for other
purposes; to the Committee on Veterans' Affairs.
Mr. DODD. Mr. President, I rise today to introduce a bill that will
restore the rights of veterans and their families to receive an
official grave marker from the Department of Veterans' Affairs in
acknowledgement of their service to this Nation. I am pleased to be
joined by Senators Kerry, Voinovich, Conrad, Byrd, and Brown as
original cosponsors. This legislation addresses a serious, and easily
remedied, inequity that exists for veterans who passed away during the
period between November 1, 1990, and September 11, 2001.
There is an inscription in Colleville-sur-Mer, France, at Omaha
Beach, commemorating those Americans who perished in the World War II
battle there, that reads:
This embattled shore, this portal of freedom, is forever
hallowed by the ideas, the valor and sacrifice of our fellow
countrymen.
Their graves are the permanent and visible symbols of their
heroic devotion and their sacrifice in the common cause of
humanity.
These endured all and gave all that justice among nations
might prevail and that mankind might enjoy freedom and
inherit peace.
Monuments like this, or like the many spectacular memorials right
here in Washington, DC, serve as a reminder of the service, dedication,
and sacrifice of our Nation's veterans. They are a tribute not to the
suffering and darkness of war, but to the tremendous courage of those
who served so that, as the inscription says, ``mankind might enjoy
freedom and inherit peace.'' And in a small way, the markers placed at
veterans' gravesites serve as a similar reminder for the friends and
family members who visit a loved one's grave.
Until 1990, the family of a deceased American veteran could receive
reimbursement for a VA headstone, a VA marker, or a private headstone.
However, I regret to say, in the name of cutting costs, measures were
taken to prevent the VA from providing markers to those families that
had purchased gravestones out of their own pockets.
In my view, this constitutes a serious injustice; one that we must
correct. It is shocking to me that veterans who passed during those 11
years are denied an official grave marker, and yet that is the effect
of current law.
We owe it to these brave men and women to honor their service to this
country. We have seen too many instances in which our veterans have not
been accorded the respect they deserve. The accounts that have surfaced
about the deplorable conditions at Walter Reed Army Medical Center and
the consistent underfunding of the Veterans Health Administration shine
an unpleasant spotlight on the ways in which we have fallen far short
of our obligations to our Nation's veterans. And now, how can we deny
veterans the simple honor of recognizing their service with a graveside
marker?
This body first endorsed a provision restoring the right of every
veteran to receive a grave marker as early as June 7, 2000, as part of
the fiscal year 2001 Defense Authorization bill. This body approved
this language again on December 8, 2001. But it was not until December
6, 2002, that legislation was
[[Page S5735]]
signed into law as part of the Veterans Improvement Act, allowing VA
markers to be provided to deceased veterans retroactively.
Unfortunately, however, when the bill went to a conference with the
House of Representatives, this benefit was inexplicably applied
retroactively only to September 11, 2001, rather than to November 1,
1990, the date at which the new VA regulation came into effect.
In my view, to arbitrarily deny veterans who passed away during that
11-year period is unconscionable. Their service to our Nation was no
less dedicated than the service of those who passed away before and
after that period. It is an insult to their memories and to the
families and friends who loved them.
This legislation is quite simple. It merely allows all veterans who
have passed away since 1990 to be provided with official VA grave
markers and it repeals the expiration of the VA's authority to provide
these grave markers. The VA is supportive of this legislation, which I
believe will ensure that all of our Nation's veterans are accorded the
respect they are due for their sacrifices. In a report submitted to
Congress on February 10, 2006, the VA endorsed both provisions of this
legislation, recommending that the grave marker authority be made
permanent and retroactive to 1990.
Moreover, this bill is inexpensive. The Congressional Budget Office
estimated the cost of this bill to be just $1 million over 5 years and
$2 million over 10 years. Who can argue that this is too high a price
to pay to honor our fallen heroes?
We are approaching the 9th anniversary of the passing of Mr. Agostino
Guzzo, a Connecticut resident who bravely served in the U.S. Armed
Forces in the Philippines during World War II. His family interred his
body in a mausoleum at the Cedar Hill Cemetery in Hartford, CT. The
family was not aware of the VA's restrictions on grave markers at the
time, and was told by the VA that there was no way to receive official
recognition.
Agostino's son, Mr. Thomas Guzzo, brought the matter to my attention,
and we were able to pass legislation granting Agostino the memorial he
deserves. But too many families are still denied such markers. This
legislation honors the memory of Agostino Guzzo and all of the veterans
who have served their country in war and in peace. Thomas Guzzo's
commitment to this issue has not ended. The commitment of this Congress
should continue, as well.
I hope my colleagues will support this important legislation.
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. 1334
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. MODIFICATION OF AUTHORITIES ON PROVISION OF
GOVERNMENT HEADSTONES AND MARKERS FOR BURIALS
OF VETERANS AT PRIVATE CEMETERIES.
(a) Repeal of Expiration of Authority.--Subsection (d) of
section 2306 of title 38, United States Code, is amended--
(1) by striking paragraph (3); and
(2) by redesignating paragraph (4) as paragraph (3).
(b) Retroactive Effective Date.--Notwithstanding subsection
(d) of section 502 of the Veterans Education and Benefits
Expansion Act of 2001 (Public Law 107-103; 115 Stat. 995; 38
U.S.C. 2306 note), the amendments made to section 2306(d) of
title 38, United States Code, by such section 502 and the
amendments made by section 402 of the Veterans Benefits,
Health Care, and Information Technology Act of 2006 (Public
Law 109-461), other than the amendment made by subsection (e)
of such section 402, shall take effect as of November 1,
1990, and shall apply with respect to the graves of
individuals dying on or after that date.
______
By Mr. INHOFE (for himself and Mr. Enzi):
S. 1335. A bill to amend title 4, United States Code, for declare
English as the official language of the Government of the United
States, and for other purposes; to the Committee on Homeland Security
and Governmental Affairs.
Mr. INHOFE. Mr. President, last year I said that this Nation of
immigrants requires an official language. An overwhelming majority of
the Senate agreed with me on my amendment to that effect on the
immigration bill. I am convinced that official English will command
another majority should it receive a rollcall vote in this session.
That is why today I am introducing S. 1335 to make English the official
language of our Nation.
The English language has played a critical role in establishing the
unity of this Nation from its beginning. As I have said before, a
common means of communication has created one giant market for goods
and labor in our Nation, from Maine to California. A resident of Tulsa
can seek work in New Hampshire, Oregon, or Georgia without having to
learn a second language. A company based in Oklahoma City can readily
sell its products from Portland, ME, to Los Angeles.
In Europe, by contrast, a resident of Berlin cannot look for work in
Paris or Warsaw without surmounting considerable language barriers. A
German company cannot usually sell its product in Madrid, again, in
part, because of language barriers. The European Union is an effort to
create a U.S.-like common market in Western Europe. Among other things,
Europeans are spending billions of euros to try to replicate what we in
America have enjoyed for free these past 230 years.
Recognizing that English is necessary for successful business and a
growing economy, the Santa Ana Chamber of Commerce recently announced
that it is spearheading a multimillion dollar campaign to help about
50,000 of its residents to learn the language. I regret to report that
we have spent the last few decades giving away this priceless
linguistic unity.
Clinton Executive Order No. 13166 demands that all recipients of
Federal funds function in any language anyone speaks at any time,
burdening taxpayers with extraneous costs of an enabling policy while
providing incentives for immigrants to circumvent learning English and,
regretfully, hurt their chances at effective assimilation.
My constituents agree that foreign language ballots deserve no place
in an American election. My bill will eliminate these foreign language
voting materials and multilingual voting mandates imposed on Oklahoma
and other States. Only citizens are allowed to vote in our Nation, and
one of the requirements to become a good citizen is to show an
understanding of English. Money to provide foreign language ballots
would be better spent on such constructive activities as simply
teaching people how to speak English.
Not only does my bill repeal foreign language ballots, it is aimed at
the entire forest of mandatory multilingualism. My legislation
basically recognizes the practical reality of the role of English as
our official language and states explicitly that English is our
official language and provides English a status in law it has not held
before. Making English the official language will clarify that there is
no entitlement to receive Federal documents and services in languages
other than English and will end the practice of providing translation
entitlements at taxpayer expense.
My bill declares that any rights of a person, as well as services or
materials in languages other than English, must be authorized or
provided by law. It recognizes the decades of unbroken court opinions
that civil rights laws protecting against national origin and
discrimination do not create rights to government service and materials
in languages other than English. While my bill will end federally
mandated and funded foreign language entitlement, it certainly still
allows for Democratic and Republican activists to offer palm cards and
sample ballots in any language they wish--from Cherokee to Chinese--on
election day and for individuals to bring along their own translaters
to any Federal Government office.
It is important to note that my bill only affects the language spoken
by the Government, not the language choices of people speaking among
themselves.
Official English is popular even among Hispanics. As I have cited
before on the floor of the Senate, in 2006, a Zogby poll found 84
percent of Americans, including 71 percent of Hispanics,
[[Page S5736]]
believe that English should be the national language of government
operations. According to a 2002 Kaiser Family Foundation survey, a poll
of 91 percent of foreign-born Latino immigrants agreed that learning
English is essential to succeed in the United States.
Allow me to conclude by remembering the founder of the official
English movement, U.S. Senator S.I. Hayakawa. The son of Asian
immigrants, S.I. Hayakawa became a professor of English, a college
president, and, in 1976, a U.S. Senator. Senator Hayakawa became the
leader of the official English effort in this Chamber when he
introduced an official English bill on April 27, 1981. Senator Hayakawa
used to say ``bilingualism for the individual is fine but not for a
country.'' While I never served with Senator Hayakawa, I would like to
honor his efforts and continue his important work by offering the S.I.
Hayakawa Official English Act of 2007, which is S. 1335.
Let me say, it seems so ridiculous that as we travel around the
world, there are some 51 countries that have English as their official
language, and yet the United States doesn't. I was recently in Ghana,
West Africa. They have English as their official language. We don't
have it in the United States.
Zambia, Uganda, and Zimbabwe have English as their official language
but not the United States. This is something that should be a no-
brainer. Of the 80-some percent of the people polled, up to 91 percent
want English as the official language, and yet, for some unknown
reason, people seem to be catering to some maybe small, radical group
that doesn't want it. I think it is time for the majority of the
American people to realize this could very well be the reality.
Let me also say, when I had this amendment on the floor before, there
were all kinds of objections that came down that didn't have any
credibility at all. One of them that came down said: Well, you have all
these flags of the various States that have foreign languages; you
would have to do away with State flags. This has nothing to do with
that. One came down that said: You would no longer be able to use
Spanish on the floor of the Senate. It has nothing to do with that.
They said: You would be drowning Hispanics. I said: Explain that to me.
They said: Well, we have ``no swimming'' signs in the Potomac where the
currents are very strong, so people would go in there and they would
drown. This is how desperate people are to find something objectionable
about something that 90 percent of the people in America want.
So we are very serious about this. We are going to carry on the works
of the good Senator from California and hopefully respond to 90 percent
of Americans who want English as an official language.
______
By Ms. SNOWE (for herself and Mr. Bayh):
S. 1336. A bill to provide for an assessment of the achievement by
the Government of Iraq of benchmarks for political settlement and
national reconciliation in Iraq; to the Committee on Foreign Relations.
Ms. SNOWE. Mr. President, I rise to speak to the monumental and
consequential matter regarding the future course of the United States
and our courageous men and women in uniform in Iraq.
Today, we are at a profoundly challenging moment in time, and at a
critical crossroads with respect to our direction in this war. That
sense of urgency was compounded by my recent trip to Iraq this past
weekend where I had the privilege of meeting with some of America's
bravest and finest serving in Baghdad, including Mainers. I came away
believing more firmly than ever that the Iraq Government must
understand that our commitment is not infinite, and that Americans are
losing patience with the failure of the leadership to end the sectarian
violence and move toward national reconciliation.
My visit further underscored the fact that there is not a military
solution to the problem, and in the final analysis, the situation
requires demonstrable action by the Iraq Government on true political
reform and reconciliation. My firsthand experience reinforced that
political will and diplomatic initiatives must form the core of our
success, and that our goal must be to bring about reconciliation as
soon as possible so that all of America's soldiers including those from
Maine can return home to their families and loved ones.
None of us arrive at this question lightly. In my 28-year tenure in
Congress, I have witnessed and participated in debates on such vital
matters as Lebanon, Panama, the Persian Gulf, Somalia, Bosnia, and
Kosovo. And indisputably, myriad, deeply-held beliefs and arguments
were expressed on those pivotal matters, some in concert, some
complementary, some in conflict. Yet, without question, all were rooted
in mutual concern for, and love of, our great Nation. And there was,
and should not be today, no question about our support for our brave
and extraordinary troops.
It is therefore with the utmost respect for our troops that Senator
Evan Bayh and I today introduce a bill which allows them the ability to
complete the mission they have selflessly undertaken, while assuring
them that their valor shall not be unconditionally expended upon an
Iraqi Government which fails to respond in kind.
Before proceeding any further, let me pause to express my deep
appreciation and immense gratitude to Senator Bayh for his tremendous
leadership and indispensable contribution in forging this welcomed,
bipartisan measure. If there ever were a time for us to fashion a way
forward, together, it is surely now, and because of Senator Bayh and
his tireless efforts we have a measure that represents a significant
step in the right direction. I thank him and his staff for bringing
this fresh approach to fruition today.
The Snowe-Bayh Iraq bill requires that government to actually achieve
previously agreed political and security benchmarks while the Baghdad
Security Plan, commonly referred to as the ``surge,'' is in effect, or
face the redeployment of those U.S. troops dedicated to that plan.
Specifically, this legislation would require that, 120 days after
enactment, a point in time at which our military commanders have stated
that they should know whether the surge will succeed, the commander of
Multi-National Forces, Iraq would report to Congress as to whether the
Iraqi Government has met each of six political and security-related
benchmarks which it has already agreed to meet by that time. These six
benchmarks are: Iraqi assumption of control of its military; enactment
and implementation of a militia law to disarm and demobilize militias
and to ensure that such security forces are accountable only to the
central government and loyal to the constitution of Iraq; completion of
the constitutional review and a referendum held on special amendments
to the Iraqi Constitution that ensure equitable participation in the
Government of Iraq without regard to religious sect or ethnicity;
completion of a provincial election law and commencement and specific
preparation for the conduct of provincial elections that ensures
equitable constitution of provincial representative bodies without
regard to religious sect or ethnicity; enactment and implementation of
legislation to ensure that the energy resources of Iraq benefit Sunni
Arabs, Shia Arabs, Kurds, and other Iraqi citizens in an equitable
manner; and enactment and implementation of legislation that equitably
reforms the de-Ba'athification process in Iraq.
The Iraqi Government must know that any opportunity gained from our
increased troop levels in Baghdad is a window that we will soon close
if it fails to take urgent action and show tangible results in tandem.
If, at the end of 120 days, the commander of Multi-National Forces,
Iraq reports the Iraqi Government has not met the benchmarks, then the
commander should plan for the phased redeployment of the troops we
provided for the Baghdad Security Plan, period.
That is why, under the Snowe-Bayh measure, after 120 days, should the
commander report that the Iraqi Government has failed to meet any of
the benchmarks listed, he will then be required to present a plan for
the phased redeployment of those combat troops sent to Iraq in support
of the Baghdad Security Plan and to provide plans detailing the
transition of the mission of the U.S. forces remaining in Iraq to one
of logistical support, training, force protection, and targeted
counterterrorism operations, for examples, those functions set forth in
the
[[Page S5737]]
Iraq Study Group Report, with the objective of successfully
accomplishing this change in mission within 6 months of the date of his
testimony before Congress. The commander must further indicate the
number of troops needed to successfully complete the changed mission
and the estimated duration of that mission. As General Petraeus stated
in March.
I have an obligation to the young men and women in uniform
out here, that if I think it's not going to happen, to tell
them that it's not going to happen, and there needs to be a
change.
My colleagues may recall that I opposed the surge because I did not,
and still do not, believe that additional troops are a substitute for
political will and capacity. General Petraeus said last month that a
political resolution is crucial because that is what will determine in
the long run the success of this effort. I could not agree more. The
fact is, America and the world require more than Iraq's commitment to
accomplishing the benchmarks that will lead to a true national
reconciliation, we must see actual results. The Iraqi Government must
find the will to ensure that it represents and protects the rights of
every Iraqi.
After our 4-year commitment, Iraq's Government should not doubt that
we must observe more than incremental steps toward political
reconciliation, we require demonstrable changes. While limited progress
has been mad on necessary legislative initiatives such as the
Hydrocarbon Law, it is in fact a sheaf of laws and not just a single
measure that must pass to ensure that all Iraqis have a share and stake
in their government. Chief among these are constitutional amendments
which will permit Iraqis of all ethnicities and confessions to be
represented at the local level of government. Yet, so far, the review
committee has yet to even finish drafts of these critical amendments.
I believe we were all encouraged by the recent ambassadorial meetings
in Baghdad and last week's ministerial conference called at the Iraqi
Government's request. These diplomatic talks are vital to securing
Iraq's border, reversing the flow of refugees, and stemming the foreign
interference which exacerbates sectarian divisions. But we also look
for the Iraqi Government's leadership in dismantling the militias and
strengthening the National Army so that it is truly a national
institution that can provide the security so desperately desired by all
Iraqis in every province.
We are now 3\1/2\ months into the surge, and our troops have made
gains in reducing the still horrific levels of violence on Baghdad
through their heroic efforts. Yet it is deeply concerning to me that,
mirroring the slowness with which the Iraqi Government has moved on
political reforms, their sacrifice remains by and largely unmatched by
their Iraqi counterparts.
Last month, Leon Panetta, a member of the Iraq Study Group, wrote the
following in a New York Times Op-ED, ``. . . every military commander
we talked to felt that the absence of national reconciliation was the
fundamental cause of violence in Iraq. As one American general told us,
`if the Iraqi Government does not make political progress on reforms,
all the troops in the world will not provide security.' He went on to
enumerate the progress or, more to the point, the lack of progress
toward the agreed upon benchmarks and concluded that `unless the United
States finds new ways to bring strong pressure on the Iraqis, things
are not likely to pick up any time soon.' ''
In fact, over the past few months, many have come to the realization
that political action by the Iraqi Government is a paramount precursor
to national reconciliation and stability and, without it, the Baghdad
Security Plan is only a temporary, tactical fix for one specific
location. And while we are hearing about incremental successes, I agree
with Thomas Friedman who said recently in an interview, ``there's only
one metric for the surge working, and that is whether we're seeing a
negotiation among Iraqis to share power, to stabilize the political
situation in Iraq, which only they can do . . . telling me that the
violence is down 10 percent or 8 percent here or 12 percent there, I
don't really think that's the metric at all.''
To this day, the public looks to the United States Senate to temper
the passions of politics and to bridge divides. And if ever there were
a moment when Americans are imploring us to live up to the moniker of
``world's greatest deliberative body,'' that moment is upon us.
If I had a son or daughter or other family member serving in Iraq, I
would want at least the assurance that someone was speaking up to tell
the Iraqi Government, and frankly our government as well, that at my
family's sacrifice must be matched by action and sacrifice on the part
of the Iraqi Government. I would want to know that the most profound of
all issues was fully debated by those who are elected to provide
leadership. For those of us who seek success in Iraq, and believe that
a strategy predicated on political and diplomatic solutions, not merely
increased troop levels, presents the strongest opportunity to reach
that goal, let us coalesce around this bill, which will allow us to
speak as one voice, strong, together, and united in service to a
purpose we believe to be right.
______
By Mr. KERRY (for himself, Mr. Smith, Mr. Kennedy, and Mr.
Domenici):
S. 1337. A bill to amend title XXI of the Social Security Act to
provide for equal coverage of mental health services under the State
Children's Health Insurance Program; to the Committee on Finance.
Mr. KERRY. Mr. President, it is my great hope that Congress will move
this year to see that the successful, bipartisan State Children's
Health Insurance Program is allowed the opportunity to fulfill its
promise to the low-income children of this country. For 10 years it has
provided, along with Medicaid, the type of meaningful and affordable
health insurance coverage that should be ensured to each and every
American. Yet there is much work to be done, and the reauthorization of
S-CHIP gives us the opportunity to expand these successful programs to
as many of the 9 million uninsured children in the country today,
starting with the 6 million that are already eligible for public
programs but not yet enrolled.
But we must keep in mind that while expanding coverage to the
uninsured is our top priority, it is equally important to ensure that
the types of benefits offered to our Nation's children are quality
services that are there for them when they need them. When it comes to
mental health coverage, that unfortunately is not the case today.
Therefore, I am introducing today, along with Senators Smith, Kennedy,
and Domenici, the Children's Mental Health Parity Act which provides
for equal coverage of mental health care for all children enrolled in
the State Children's Health Insurance Plan, SCHIP.
Mental illness is a critical problem for the young people in this
country today. The numbers are startling: Mental disorders affect about
one in five American children and up to 9 percent of kids experience
serious emotional disturbances that severely impact their functioning.
And low-income children, those the S-CHIP program is designed to cover,
have the highest rates of mental health problems.
Yet the sad reality is that an estimated two-thirds of all young
people struggling with mental health disorders do not receive the care
they need. We are failing our children when it comes to the treatment
of mental health disorders and the consequences could not be more
severe. Without early and effective intervention, affected children are
less likely to do well in school and more likely to have compromised
employment and earnings opportunities. Moreover, untreated mental
illness may also increase a child's risk of coming into contact with
the juvenile justice system, and children with mental disorders are at
a much higher risk for suicide.
Unfortunately, many States' S-CHIP programs are not providing the
type of mental health care coverage that our most vulnerable children
deserve. Many States impose discriminatory limits on mental health care
coverage that do not apply to medical and surgical care. These can
include caps on coverage of inpatient days and outpatient visits, as
well as cost and testing restrictions that impair the ability of our
physicians to make the best judgments for our kids.
[[Page S5738]]
The Children's Mental Health Parity Act would prohibit discriminatory
limits on mental health care in SCHIP plans by directing that any
financial requirements or treatment limitations that apply to mental
health or substance abuse services must be no more restrictive than the
financial requirements or treatment limits that apply to other medical
services. Your bill would also eliminate a harmful provision in current
law that authorizes States to lower the amount of mental health
coverage they provide to children in SCHIP down to 75 percent of the
coverage provided in the benchmark plans listed in the statute as
models for States to use in developing their SCHIP plans.
The mental health community is gathered in Washington today to mark
National Children's Mental Health Awareness Day and many of the leading
advocacy groups have endorsed the Children's Mental Health Parity Act,
including Mental Health America, the American Academy of Child &
Adolescent Psychiatry, the Bazelon Center for Mental Health Law, Fight
Crime: Invest in Kids, The National Association for Children's
Behavioral Health, the National Association of Psychiatric Health
Systems, and the National Council for Community Behavioral Health care.
America's kids who are covered through SCHIP should be guaranteed
that the mental health benefits they receive are just as comprehensive
as those for medical and surgical care. It is no less important to care
for our kids' mental health, and this unfair and unwise disparity
should no longer be acceptable. As we debate many important features of
the S-CHIP program during reauthorization, I look forward to working
with Members on both sides of the aisle to see that this important,
bipartisan measure receives the support that it deserves.
I ask for unanimous consent that the text of the bill bill and
letters of support be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
S. 1337
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 ``Children's Mental Health
Parity Act''.
SEC. 2. PARITY FOR MENTAL HEALTH SERVICES IN SCHIP.
(a) Assurance of Parity.--Section 2103(c) of the Social
Security Act (42 U.S.C. 1397cc(c)) is amended--
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by inserting after paragraph (4), the following:
``(5) Mental health services parity.--
``(A) In general.--In the case of a State child health plan
that provides both medical and surgical benefits and mental
health or substance abuse benefits, such plan shall ensure
that the financial requirements and treatment limitations
applicable to such mental health or substance abuse benefits
are no more restrictive than the financial requirements and
treatment limitations applied to substantially all medical
and surgical benefits covered by the plan.
``(B) Deemed compliance.--To the extent that a State child
health plan includes coverage with respect to an individual
described in section 1905(a)(4)(B) and covered under the
State plan under section 1902(a)(10)(A) of the services
described in section 1905(a)(4)(B) (relating to early and
periodic screening, diagnostic, and treatment services
defined in section 1905(r)) and provided in accordance with
section 1902(a)(43), such plan shall be deemed to satisfy the
requirements of subparagraph (A).''.
(b) Conforming Amendments.--Section 2103 of such Act (42
U.S.C. 1397cc) is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ``subsection (c)(5)'' and inserting
``paragraphs (5) and (6) of subsection (c)''; and
(2) in subsection (c)(2), by striking subparagraph (B) and
redesignating subparagraphs (C) and (D) as subparagraphs (B)
and (C), respectively.
(c) Effective Date.--The amendments made by this section
take effect on October 1, 2007.
____
National Council for Community
Behavioral Healthcare,
May 8, 2007.
Hon. Gordon H. Smith,
Russell Senate Office Building, Washington, DC.
Dear Senator Smith: On behalf of the National Council for
Community Behavioral Healthcare, I am writing to congratulate
you for the introduction of the Children's Mental Health
Parity Act, which will require a non-discriminatory mental
health benefit in the State Children's Health Insurance
(SCHIP) Program. The National Council strongly supports your
bill because it directly reflects the service needs of the 2
million children with mental and emotional disorders that our
members serve every year.
The seminal document Mental Health: A Report of the Surgeon
General estimates that approximately one in five children and
adolescents experience the signs and symptoms of mental
disorders during the course of a year. Furthermore,
widespread conditions such as major clinical depression and
anxiety disorders are particularly prevalent in low-income
populations of children who are more likely to be enrolled in
the SCHIP Program. In many instances, these conditions
manifest themselves as physical complaints greatly
complicating the clinical management of both medical/surgical
conditions as well as mental disorders.
With many states limiting outpatient mental health benefits
to 20 visits and inpatient hospital services to 30 days or
less, youngsters with more serious mental illnesses will not
receive the mental health care they need. Indeed, these
arbitrary limits make neither clinical nor fiscal sense. When
children reach their SCHIP mental health policy limits,
National Council members are often charged with qualifying
these same kids for Medicaid coverage. During the Medicaid
eligibility determination process, their clinical condition
may deteriorate leading to expensive placements in
psychiatric hospitals or residential treatment facilities.
The Children's Mental Health Parity Act ends this
discriminatory treatment once and for all, while providing
additional mental health benefits for the kids who need them
most. Please count on the National Council to fight for this
important bill throughout the SCHIP reauthorization process.
Sincerely,
Linda Rosenberg,
Executive Director.
____
Mental Health America,
Alexandria, Virginia, May 7, 2007.
Hon. John F. Kerry,
Hon. Edward M. Kennedy,
Hon. Gordon Smith,
Hon. Pete V. Domenici,
U.S. Senate,
Washington, DC.
Dear Senators Kerry, Smith, Kennedy, and Domenici: I
commend you for your leadership in introducing the
``Children's Mental Health Parity Act'' to require equitable
coverage of mental health services in the State Children's
Health Insurance Program (SCHIP). As you know, providing
access to needed mental health care is a key component of
ensuring that SCHIP covers the full array of services needed
for healthy childhood development.
As the Nation's oldest and largest advocacy organization
dedicated to addressing all aspects of mental health and
mental illness, we at Mental Health America greatly value the
importance of prevention and early identification of mental
illness. Thus, improving access to mental health care for
children and youth is one of our primary objectives,
particularly since some of the most serious mental illnesses
often first arise in adolescence.
Many children need extensive mental health services in
order to progress socially and emotionally and to
successfully complete their education. Mental disorders
affect about one in five American children and five to nine
percent experience serious emotional disturbances that
severely impair their functioning. Moreover, low-income
children enrolled in Medicaid and SCHIP have the highest
rates of mental health problems.
Unfortunately, over two-thirds of children struggling with
mental health disorders do not receive mental health care.
Without early and effective identification and interventions,
childhood mental disorders can lead to a downward spiral of
school failure, poor employment opportunities, and poverty in
adulthood. Untreated mental illness may also increase a
child's risk of coming into contact with the juvenile justice
system, and children with mental disorders are at a much
higher risk for suicide.
Discriminatory limits on mental health care are a primary
cause of this widespread lack of access to necessary mental
health services. And sadly, many state SCHIP plans impose
these restrictive limits on mental health care, including
caps on coverage of inpatient days and outpatient visits.
These limits are not based on the medical needs of children
enrolled in SCHIP or on practitioners' best practice
guidelines. They are far too restrictive for ensuring access
to adequate care for children with mental disorders. In fact,
research has shown that children with complex mental health
needs have access to full coverage for needed services in not
more than 40 percent of states due to the limited benefit
package in their state's SCHIP plan.
Thus, we greatly appreciate your introduction of the
``Children's Mental Health Parity Act'' that would prohibit
discriminatory limits on mental health care in SCHIP plans by
directing that any financial requirements or treatment
limitations that apply to mental health or substance abuse
services must be no more restrictive than the financial
requirements or treatment limits that apply to other medical
services. Your bill would also eliminate a harmful provision
in current law that authorizes states to lower the amount of
mental health coverage they provide to children in SCHIP down
to 75 percent of the coverage provided in the benchmark plans
listed in the statute as models for states to use in
developing their SCHIP plans.
[[Page S5739]]
We look forward to working with you to ensure enactment of
this important legislation.
Sincerely,
David L. Shern, Ph.D.,
President and CEO.
____
American Academy of Child
and Adolescent Psychiatry
Washington, DC, May 3, 2007.
Hon. Senator Gordon Smith,
Russell Senate Office Building,
Washington, DC.
Hon. Senator John Kerry,
Russell Senate Office Building,
Washington, DC.
Dear Senators Smith and Kerry: on behalf of the American
Academy of Child and Adolescent Psychiatry (AACAP), we would
like to express our support for the ``The Children's Mental
Health Parity Act.''
The American Academy of Child and Adolescent Psychiatry
(AACAP) is a medical membership association established by
child and adolescent psychiatrists in 1953. Now over 7,600
members strong, the AACAP is the leading national medical
association dedicated to treating and improving the quality
of life for the estimated 7-12 million American youth under
18 years of age who are affected by emotional, behavioral,
developmental and mental disorders.
Mental health is integral to the health and well-being of
all children. Children coping with emotional and mental
disorders must be identified, diagnosed, and treated to avoid
the loss of critical developmental years that can never be
recaptured. Currently, under the State Children's Health
Insurance Program (SCHIP) mental health coverage is left up
to the states. This act will amend Title XXI of the Social
Security Act to provide for equal mental health coverage
under SCRIP and allow for millions of children to receive the
preventive care they need to live healthy productive lives.
We appreciate your leadership on this important issue.
Please contact Kristin Kroeger Ptakowski, Director of
Government Affairs, at 202.966.7300, x. 108, if you have any
questions concerning children's mental health issues.
Sincerely,
Thomas Anders, M.D.,
President.
____
National Association for
Children's Behavioral Health,
Washington, DC, May 6, 2007.
Senator John Kerry,
Senate Russell,
Washington, DC.
Dear Senator Kerry: On behalf of the National Association
for Children's Behavioral Health, we want to thank you for
your leadership in introducing the Children's Mental Health
Parity Act. Allowing persistent discriminatory coverage in
mental health benefits in any health insurance policies is an
indignity which no longer can be tolerated. Correcting this
injustice in the State Children's Health Insurance Program,
recognizing the particular and multiple needs of low income
and disabled children, is an appropriate beginning.
The reauthorization of this program offers a critical
opportunity to rectify discriminatory limits on mental health
care that exist in SCHIP plans across the nation. Children in
SCHIP plans deserve comprehensive coverage for their mental
health needs. Not only does existing law not require parity
for mental health services in benchmark plans, it allows for
discriminatory lower actuarial values in benchmark equivalent
plans. This outrage must be corrected. Your bill takes the
courageous steps necessary to correct these injustices. We
stand ready to assist you any way to assure swift passage.
The National Association for Children's Behavioral Health
(NACBH) is a nonprofit trade association representing multi-
service treatment and social service agencies. Members
provide a wide array of behavioral health and related
services to children, youth and families. Services provided
by NACBH members include assessment, crisis intervention,
residential treatment, group homes, family-based treatment
homes, foster care, independent living, family services,
alternative educational services and programs, in-home
respite, outpatient counseling and a plethora of community
outreach programs and resources. Providers serve clients from
the mental health, social service, juvenile justice, welfare,
and educational systems. Serving over 50,000 clients
annually, NACBH members are firmly rooted in their local
communities. They provide a link to the full array of
services designed to restore the child and family to as
normal, involved and functioning a life as possible.
NACBH's mission is to promote the availability and delivery
of appropriate and relevant services to children and youth,
with or at risk of, serious emotional or behavioral
disturbances and their families. We thank you for your
commitment to children and youth, with or at risk of
emotional disturbances, and their families and look forward
to working with you to pass this critically important bill.
Joy Midman,
Executive Director.
____
Fight Crime:
Invest in Kids,
Washington, DC, May 8, 2007.
Dear Senator Kerry: The 3,000 police chiefs, sheriffs,
district attorneys and violence survivors of Fight Crime:
Invest in Kids know from the front lines--and the research--
that targeted investments in children are critical to our
nation's public safety. The State Children's Health Insurance
Program (SCHIP) can provide coverage for many effective
interventions that are proven to help treat kids with
behavioral or emotional problems--preventing later violence
and saving taxpayers money. However, to maximize its crime
reduction impact, current law regarding mental health
coverage must be strengthened to ensure that mental health
benefits are equivalent in scope to benefits for other
physician and health services. We are pleased that you, along
with Senators Smith, Kennedy and Domenici, are working to
amend the State Children's Health Insurance Program to
provide mental health parity.
SCHIP coverage can help provide evidenced-based, intensive
individual and family therapy programs for troubled youth
such as Multi-Systemic Therapy (MST). A study of MST followed
juvenile offenders until they were, on average, 29-years-old.
Individuals who had not received MST were 62 percent more
likely to have been arrested for an offense, and more than
twice as likely to have been arrested for a violent offense.
Unfortunately, a number of states limit the amount or
duration of mental health services coverage so that, in many
states, effective delinquency intervention treatments like
MST could not be covered.
Mental health benefits under SCHIP should be strengthened
to ensure that mental health benefits are equivalent in scope
to benefits for other physician and health services. The
Children's Mental Health Parity Act would amend SCHIP to
ensure that states' children's health plans include no
financial requirements and treatment limitations for mental
health care that are more restrictive than those of other
medical benefits of the plan.
We look forward to working with you to ensure that a strong
SCHIP reauthorization bill, which incorporates these mental
health parity provisions, moves to enactment. This will help
kids get off to a good start and make our communities safer.
Sincerely,
David S. Kass,
President.
Miriam A. Rollin,
Vice President.
____
National Association of
Psychiatric Health Systems,
Washington, DC, May 7, 2007.
Hon. John F. Kerry,
Hon. Gordon Smith,
Hon. Edward M. Kennedy,
Hon. Pete V. Domenici,
U.S. Senate,
Washington, DC.
Dear Senators Kerry, Smith, Kennedy, and Domenici: On
behalf of the more than 600 members of the National
Association of Psychiatric Health Systems (NAPHS) and the
individuals and families that our members serve, we want to
thank you for your leadership in introducing the ``Children's
Mental Health Parity Act'' to require equitable coverage of
mental health services in the State Children's Health
Insurance Program (SCHIP).
Low-income children enrolled in Medicaid and SCHIP have the
highest rates of mental health problems. Unfortunately, over
two-thirds of children struggling with mental health
disorders do not receive mental health care. Untreated mental
illness may increase a child's risk of coming into contact
with the juvenile justice system, and children with mental
disorders are at a much higher risk for suicide.
Discriminatory limits on mental health care are a primary
cause of this widespread lack of access to necessary mental
health services. And sadly, many state SCHIP plans impose
these restrictive limits on mental health care, including
caps on coverage of inpatient days and outpatient visits.
These limits are far too restrictive for ensuring access to
adequate care for children with mental disorders. In fact,
research has shown that children with complex mental health
needs have access to full coverage for needed services in not
more than 40 percent of states due to the limited benefit
package in their state's SCHIP plan.
Thus, we greatly appreciate your introduction of the
``Children's Mental Health Parity Act'' that would prohibit
discriminatory limits on mental health care in SCHIP plans by
directing that any financial requirements or treatment
limitations that apply to mental health or substance abuse
services must be no more restrictive than the financial
requirements or treatment limits that apply to other medical
services. Your bill would also eliminate a harmful provision
in current law that authorizes states to lower the amount of
mental health coverage they provide to children in SCHIP down
to 75 percent of the coverage provided in the benchmark plans
listed in the statute as models for states to use in
developing their SCHIP plans.
Again, thank you for all you have done to improve the lives
of millions of children with psychiatric disorders. We
enthusiastically support your bill and look forward to
continuing to work with you to pass this very important
legislation.
Sincerely,
Mark Covall,
Executive Director.
[[Page S5740]]
____
Judge David L. Bazelon Center
for Mental Health Law,
May 7, 2007.
Hon. John Kerry,
Hon. Gordon Smith
Hon. Pete Domenici,
U.S. Senate,
Washington, DC.
Dear Senators Kerry, Smith and Domenici: On behalf of the
Judge David L. Bazelon Center for Mental Health Law--the
national leading legal-advocacy organization representing
children and adults with mental disabilities--I would like to
offer our strong support for the Children's Mental Health
Parity Act. We fully share your goal of eliminating
discriminatory limits placed on mental health services within
the State Children's Health Insurance Program (SCHIP).
As you well know, many states have imposed discriminatory
and restrictive limits on mental health services that would
not be permissible in Medicaid, including caps on both
inpatient and outpatient care, annual cost restrictions, and
limits on diagnostic services. As a result, many enrolled
children do not receive essential mental health care as an
important component of the range of services needed by
children for healthy development. Without access to needed
mental health care, children are placed at risk for a host of
adverse outcomes, including school failure, contact with
juvenile justice and even suicide.
It is vital that SCHIP plans provide mental health coverage
that is equivalent to the coverage provided for general
health care. The goal of SCHIP--to provide children with the
health insurance coverage they need--must be realized for all
eligible children. We look forward to working with you to
ensure enactment of this important legislation.
Sincerely,
Robert Bernstein,
Executive Director.
Mr. SMITH. Mr. President, I rise today with my colleagues Senator
Kerry, Senator Domenici and Senator Kennedy to introduce a The
Children's Mental Health Parity Act that will have tremendous impact on
millions of low-income children who are living with a mental illness.
This bill will ensure mental health parity exists in the State
Children's Health Insurance Program, SCHIP, which provides health care
to our Nation's low-income children.
Mental illness affects about one in 5 American children, yet an
estimated \2/3\ of all young people with mental health problems are not
getting the help they need. Moreover, children in Medicaid and SCHIP
have the highest rates of mental health problems. Despite the
prevalence of mental illness among our Nation's children, a large
majority of children struggling with these difficulties do not receive
mental health care. Without early and effective identification and
interventions, childhood mental illnesses can lead to school failure,
poor employment opportunities and poverty in adulthood. We also ow that
suicide is the sixth leading cause of death among 5 to 15 year olds and
the third leading cause of death for 15 to 24 year olds. Moreover, in
1999, more teenagers and young adults died as a result of suicide than
cancer, heart disease, HIV/AIDS, birth defects, stroke and chronic lung
disease combined. Currently, between 500,000 and one million young
people attempt suicide each year.
A parent with a son who struggled with a mental illness, I know all
too well the indiscriminate nature of the illness and the frightening
statistics of its regular occurrence for those we love. That is why
ensuring access to care is so vitally important. Yet, our Nation's
health care program dedicated to delivering care to children is falling
behind. Many States have imposed restrictive limits on mental health
services that would not be permissible in Medicaid, including caps on
both inpatient and outpatient care, annual cost restrictions, and
limits on diagnostic services. These limits are not based on the
medical needs of beneficiaries or best practice guidelines and result
in coverage that is wholly inadequate for a child with a mental
illness.
This is why the introduction of this legislation is so critical. The
Children's Mental Health Parity Act would prohibit discriminatory
limits on mental health care in SCHIP plans by directing that any
financial requirements or treatment limitations that apply to mental
health or substance abuse services must be no more restrictive than the
financial requirements or treatment limits that apply to other medical
services. The bill also would eliminate a harmful provision in current
law that authorizes states to lower the amount of mental health
coverage they provide to children in SCHIP down to 75 percent of the
coverage provided in the benchmark plans listed in the statute as
models for States to use in developing their SCHIP plans.
My home State of Oregon had the wisdom and foresight to see that
mental health parity was necessary. The Oregon Health Plan, through
which SCHIP kids are covered, offers parity with physical health
services and a very comprehensive mental health benefit package, A 2004
report by the Governor of Oregon's Mental Health Taskforce found that
in any given year, 75,000 children under the age of 18 are in need of
mental health services. It also listed as one of the major problems
facing the Oregon mental health system is the fact that mental health
parity was not, at that time, in effect. That is no longer the case and
I look forward to seeing significant improvements in the mental health
system in Oregon as a result of the hard work done there.
Although we are fortunate to have mental health parity in Oregon,
there are millions children across the Nation that are in critical need
of similar care. That is why the introduction of this Federal
legislation is so important, and I urge my colleagues on both sides of
the aisle to support this bill and work towards its swift passage.
______
By Mr. ROCKEFELLER (for himself, Mr. Smith, Mr. Kennedy, Ms.
Collins, Mrs. Murray, Mr. Isakson, Mr. Kohl, Mr. Coleman, Mr.
Casey, Mr. Cornyn, Mr. Menendez, Mr. Burr, Mrs. Lincoln, Mr.
Graham, Mr. Harkin, and Mr. Cardin):
S. 1338. A bill to amend title XVIII of the Social Security Act to
provide for a two-year moratorium on certain Medicare physician payment
reductions for imaging services; to the Committee on Finance.
Mr. ROCKEFELLER. Mr. President, I rise today with my friend and
colleague from Oregon, Senator Gordon Smith, to reintroduce the Access
to Medicare Imaging Act. This legislation would place a 2-year
moratorium on the imaging cuts enacted as part of the Deficit Reduction
Act, DRA, of 2005, pending the outcome of a comprehensive Government
Accountability Office, GAO, study on imaging utilization and payment
within the Medicare Program.
Each year, millions of Medicare patients receive medical imaging
services, including X-rays, CT-scans, MRIs, and PET scans, just to name
a few. Imaging technologies are a critical component of early diagnosis
and treatment for many life-threatening conditions, like cancer and
heart disease. Medical imaging equipment allows providers to rapidly
exchange images across the internet, facilitating greater and timelier
physician consultation and improving the quality of care received by
patients.
For individuals living in rural or medically underserved areas, such
as many parts of West Virginia, imaging technology is particularly
important. In West Virginia, access to imaging equipment is a very big
deal. Without these technologies, many individuals would be denied much
needed treatment and invaluable peace of mind. Sadly, provisions
included as part of the DRA leave some of our most vulnerable citizens
at risk by jeopardizing their access to these imaging services.
Consider, if you will, the Center for Advanced Imaging at West
Virginia University. This state-of-the-art facility offers the rare
integration of clinical imaging with medical research and development.
Imaging services are provided for patients throughout the State of West
Virginia and bordering rural regions in Ohio, Maryland, Kentucky,
Virginia, and Pennsylvania. Because of imaging technology, trained
medical staff at West Virginia University can take a digital image and,
within minutes, send a precise copy to a major medical facility in
Seattle, WA. There, it can be read by a specialist, who can then return
a written report by email. A few years back this was still science
fiction, but now it happens every hour, of every day, across the
country.
As incredible as these services may seem, and as important as they
are to the practice of effective clinical medicine, there is a
perception that imaging services also come with an increased cost. Over
the past few years, the use of imaging services by Medicare
beneficiaries has increased significantly. In fact, MedPAC reported in
March 2005
[[Page S5741]]
that imaging grew at twice the rate of all other physician fee schedule
services between 1999 and 2003. During that time, MRI and CT procedures
increased by 15 to 20 percent per year on their own.
In addition to rising costs, MedPAC further reinforced ongoing
concerns about potential overuse of imaging services and the sudden
increase of outpatient-based imaging in primary care settings. Citing a
lack of training and implementation of imaging guidelines, MedPAC
called upon Congress to direct the Secretary of Health and Human
Services to define and execute such standards.
Given the MedPAC report, imaging reimbursement became an easy budget
target during the reconciliation debate in 2005. On January 1, 2007, as
directed by the DRA, payments for medical imaging services delivered in
a physician's office or imaging center were capped at a rate not to
exceed the rate paid to a hospital's outpatient department. In some
instances, this has resulted in a 30-50 percent reduction from previous
Medicare imaging reimbursement rates and has created questions as to
the long-term availability of these vital services for Medicare
recipients.
I believe the $8 billion in imaging cuts were prematurely added to
the Deficit Reduction Act in order to meet a budget target and were not
based on sound public policy. These cuts represent almost a third of
the total savings included in the Deficit Reduction Act, yet they were
never debated by Congress. Physicians need imaging technology to ensure
the best possible health outcomes for their patients, and they deserve
to be fairly compensated for providing their patients access to this
revolutionary technology.
The legislation that I am proposing today along with Senators Smith,
Kennedy, Collins, Murray, Isakson, Kohl, Coleman, Casey, Cornyn,
Menendez, Burr, Lincoln, Graham and Harkin would declare a 2-year
moratorium on the imaging cuts included in the DRA so that both the
Government Accountability Office and Congress can better assess what
payment or policy reforms are necessary to maximize the effectiveness
of the imaging technology available to Medicare recipients. The insight
garnered from a comprehensive GAO study will be invaluable to Congress.
In the meantime, however, we cannot stand by and allow our elderly and
disabled to suffer so that we can meet an arbitrary budget target. I
urge my colleagues to join with us in supporting this timely
legislation.
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. 1338
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 ``Access to Medicare Imaging
Act of 2007''.
SEC. 2. TWO-YEAR MORATORIUM ON CERTAIN MEDICARE PHYSICIAN
PAYMENT REDUCTIONS FOR IMAGING SERVICES.
(a) Moratorium.--No payment adjustment shall be made under
subsections (b)(4)(A) or (c)(2)(B)(v)(II) of section 1848 of
the Social Security Act (42 U.S.C. 1395w-4) during the 2-year
period beginning on the date of the enactment of this Act.
(b) GAO Study and Report on Imaging Services Furnished
Under the Medicare Program.--
(1) Study.--The Comptroller General of the United States
shall conduct a comprehensive study on imaging services
furnished under the Medicare program.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit
to Congress and the Secretary of Health and Human Services a
report on the findings and conclusions of the study conducted
under paragraph (1) together with recommendations for such
legislation and administrative actions as the Comptroller
General considers appropriate.
______
By Mr. REID (for Mr. Kennedy (for himself, Mr. Durbin, and Mr.
Kerry)):
S. 1339. A bill to amend the Elementary and Secondary Education Act
of 1965, the Higher Education Act of 1965, and the Internal Revenue
Code of 1986 to improve recruitment, preparation, distribution, and
retention of public elementary and secondary school teachers and
principals, and for other purposes; to the Committee on Finance.
Mr. KENNEDY. Mr. President, of all the challenges we face today, one
of the most important is creating greater opportunities for the
Nation's children to learn and succeed in life. If America is to remain
competitive in the global economy, if all Americans are to have access
to the American dream, we must ensure that all our children receive a
good education.
A good education begins with a good teacher. One of the most
significant steps we can take to improve the Nation's schools is to do
more to support the recruitment, training, and retention of high
quality teachers.
We owe a great debt to America's teachers. Day in and day out, in
thousands of schools across the country, they struggle to give our
children the knowledge and skills they need to succeed. Our teachers
are at the forefront of the constant effort to improve public
education. It is their vision, energy, hard work, and dedication that
will make all the difference in successfully meeting this challenge.
As Shirley Hufstedler, the Nation's first Secretary of Education,
said:
``The role of the teacher remains the highest calling of a
free people. To the teacher, America entrusts her most
precious resource, her children; and asks that they be
prepared, in all their glorious diversity, to face the rigors
of individual participation in a democratic society.''
All children need and deserve teachers who can help them succeed. We
in Congress must do all in our power to help them do so.
We took a major step toward this goal when Congress passed the No
Child Left Behind Act, which recognized that all students deserve
first-rate teachers to help them reach their potential in school. The
law established a goal to guarantee a highly qualified teacher in every
classroom by the end of 2006. Few states have reached that ambitious
target, and much more remains to be done to achieve success.
Extensive research shows that teacher quality is the most important
educational factor affecting student achievement. One recent study
showed that having a highly qualified teacher can improve student
academic growth by as much as one full year. Another showed that
students taught by highly qualified teachers for 3 consecutive years
significantly outperformed their peers on academic assessments. A
comparison of low-performing and high-performing elementary schools
with similar student populations found that differences in teacher
qualifications accounted for 90 percent of the difference in
performance in reading and math. There's strong evidence that a good
teacher can make all the difference in closing achievement gaps for the
neediest students in our public schools.
Investing in teacher quality is cost effective and fiscally
responsible. A recent study involving 1,000 school districts found that
additional dollars invested in more highly qualified teachers resulted
in greater improvements in student achievement than any other use of
school resources.
Unfortunately, research also shows that high quality teachers are the
most inequitably distributed educational resource in the Nation. The
most at-risk students are too often taught by the least prepared, least
experienced, and least qualified teachers. Students in high poverty
schools are twice as likely to be taught by teachers with less than 3
years of experience. Such teachers are less likely to receive the
resources and support they need to succeed. Often they leave the
profession and further destabilize already struggling schools. By
contrast, children of the affluent and the privileged are much more
likely to be taught by highly prepared and qualified, expert teachers
with broad knowledge and experience in the subjects they teach.
To enable more teachers to receive the assistance they need to
improve their instruction, ensure that every child receives a high
quality education, and level the playing field for America's students,
Congress must act on a comprehensive plan to build and sustain a strong
teacher workforce.
That is why today I am introducing the Teacher Excellence for All
Children Act of 2007, the TEACH Act. Its purpose is to assist the
States and districts in better recruiting, training, retaining and
supporting our teachers. Our distinguished colleague in the House,
Congressman George Miller, is introducing companion legislation, and I
commend him for his leadership on this issue.
[[Page S5742]]
The TEACH Act addresses four specific challenges head on:
It increases the supply of outstanding teachers and provides
incentives to attract them to high-need schools;
It ensures all children have teachers with expertise in the subjects
they teach;
It improves teaching by identifying and rewarding the best teaching
practices and by expanding professional development opportunities; and
It helps schools retain teachers and principals by providing the
support they need to succeed.
Enrollment in public schools has reached an all-time high of 53
million students, and is expected to keep increasing over the next
decade. To educate this expanding population, additional high quality
teachers are urgently needed.
Many schools today face a crisis in recruiting and retaining highly-
skilled teachers, particularly in the Nation's poorest communities. We
now have approximately 3 million public school teachers across the
country. Mr. President, 2 million new teachers will be needed in the
next 10 years to serve the growing student population. Yet we are not
even retaining the teachers we have today. A third of all teachers
leave during their first 3 years. Almost half leave during the first 5
years. Over 200,000 teachers leave the profession each year--6 percent
of the teaching workforce.
The shortage of highly qualified teachers is especially acute in the
fields most essential to America's future competitiveness, and
particularly affects low-income students. A third of all math classes
in high-poverty high schools are taught by teachers who don't have a
degree in math, compared to just 18 percent of such classes in low-
poverty schools. Over half of all science classes in such schools are
taught by teachers without a degree in their field, compared to just 22
percent of such classes in low-poverty schools. Meanwhile, students in
other nations are surpassing American students in math and science
achievement.
Too often, teachers also lack the training and support needed to do
well in the classroom. They are paid on average almost $8,000 a year
less than graduates in other fields, and the gap widens to more than
$23,000 after 15 years of teaching. Mr. President, 37 percent of
teachers cite low salaries as a main factor for leaving the classroom
before retirement.
The TEACH Act will do more to recruit and retain highly qualified
teachers, particularly in schools and subjects where they are needed
most. The bill provides financial incentives to encourage talented
individuals to pursue and remain in this essential profession, and it
offers higher salaries, tax breaks, and greater loan forgiveness.
To attract motivated and talented individuals to teaching, the bill
provides up-front tuition assistance, $4,000 a year, to high-performing
undergraduate students who agree to commit to teach for 4 years in
high-need areas and in subjects such as math, science, and special
education. It also creates a competitive grant program for colleges and
universities to recruit teachers among students majoring in math,
science, or foreign language.
The TEACH Act will also help deliver access to the best teachers for
the neediest students to help them succeed, and will help keep these
teachers where they are most needed. In high-poverty schools, teacher
turnover is 33 percent higher than in other schools. Clearly, we must
do a better job of attracting better teachers to the neediest
classrooms and do more to reward their efforts, so that they stay in
the classroom. To encourage expert teachers to teach where they are
needed, the bill provides funding to school districts to reward
teachers who transfer to schools with the greatest challenges, and
provides incentives for teachers working in math, science, and special
education.
The bill establishes a framework to develop and use the systems
needed at the State and local levels to improve teaching and to
recognize exceptional teaching in the classroom. It encourages the
development of data systems to provide teachers with additional data to
inform and improve classroom instruction. It also encourages the
development of model teacher advancement programs that recognize and
reward different roles, responsibilities, knowledge, and positive
results with competitive compensation initiatives.
Too often, teachers lack the training they need before reaching the
classroom. On the job, they have few sources of support to meet the
challenges they face in the classroom, and few opportunities for
ongoing professional development to expand their skills. The bill
responds to the needs of teachers in their early years in the classroom
by creating new and innovative models that use proven strategies to
support beginning teachers. New teachers will have access to mentoring,
opportunities for cooperative planning with their peers, and a special
transition year to ease into the pressures of entering the classroom.
Veteran teachers will have an opportunity to improve their skills
through peer mentoring and review. Other support includes professional
development delivered through teaching centers to improve training and
working conditions for teachers.
Since good leadership is also essential for schools, the bill
provides important incentives and support for principals by improving
recruitment and training for them as well.
This legislation was developed with input from a broad and diverse
group of educational professionals and experts, including the Alliance
for Excellent Education, the American Federation of Teachers, the
Business Roundtable, the Center for American Progress Action Fund, the
Children's Defense Fund, the Education Trust, the National Commission
on Teaching and America's Future, the National Council on Teacher
Quality, the National Council of La Raza, the National Education
Association, New Leaders for New Schools, the New Teacher Center,
Operation Public Education, the Teacher Advancement Program Foundation,
Teach for America and the Teaching Commission. I thank them all for
their help and their work on behalf of our nation's children.
The TEACH Act is good for America's children; it's good for America's
economy; and it's good for America's future. It is an essential part of
our ongoing effort to ensure that ``No Child Left Behind'' becomes a
reality and not just a slogan.
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. 1339
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 ``Teacher Excellence for All
Children Act of 2007''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings.
TITLE I--RECRUITING TALENTED NEW TEACHERS
Sec. 101. Amendments to the Higher Education Act of 1965.
Sec. 102. Expanding teacher loan forgiveness.
TITLE II--CLOSING THE TEACHER DISTRIBUTION GAP
Sec. 201. Grants to local educational agencies to provide premium pay
to teachers in high-need schools.
TITLE III--IMPROVING TEACHER PREPARATION
Sec. 301. Amendment to the Elementary and Secondary Education Act of
1965.
Sec. 302. Amendment to the Higher Education Act of 1965: Teacher
Quality Enhancement Grants.
Sec. 303. Enforcing NCLB's teacher equity provision.
TITLE IV--EQUIPPING TEACHERS, SCHOOLS, LOCAL EDUCATIONAL AGENCIES, AND
STATES WITH THE 21ST CENTURY DATA, TOOLS, AND ASSESSMENTS THEY NEED
Sec. 401. 21st Century Data, Tools, and Assessments.
Sec. 402. Collecting national data on distribution of teachers.
TITLE V--RETENTION: KEEPING OUR BEST TEACHERS IN THE CLASSROOM
Sec. 501. Amendment to the Elementary and Secondary Education Act of
1965.
Sec. 502. Exclusion from gross income of compensation of teachers and
principals in certain high-need schools or teaching high-
need subjects.
Sec. 503. Above-the-line deduction for certain expenses of elementary
and secondary school teachers increased and made
permanent.
[[Page S5743]]
TITLE VI--MISCELLANEOUS PROVISIONS
Sec. 601. Conforming amendments.
SEC. 3. FINDINGS.
Congress finds the following:
(1) There are not enough qualified teachers in the Nation's
classrooms, and an unprecedented number of teachers will
retire over the next 5 years. Over the next decade, the
Nation will need to bring 2,000,000 new teachers into public
schools.
(2) Too many teachers and principals do not receive
adequate preparation for their jobs.
(3) More than one-third of children in grades 7 through 12
are taught by a teacher who lacks both a college major and
certification in the subject being taught. Rates of ``out-of-
field teaching'' are especially high in high-poverty schools.
(4) Seventy percent of mathematics classes in high-poverty
middle schools are assigned to teachers without even a minor
in mathematics or a related field.
(5) Teacher turnover is a serious problem, particularly in
urban and rural areas. Over one-third of new teachers leave
the profession within their first 3 years of teaching, and 14
percent of new teachers leave the field within the first
year. After 5 years--the average time it takes for teachers
to maximize students' learning--half of all new teachers will
have exited the profession. Rates of teacher attrition are
highest in high-poverty schools. Between 2000 and 2001, 1 out
of 5 teachers in the Nation's high-poverty schools either
left to teach in another school or dropped out of teaching
altogether.
(6) Fourth graders who are poor score dramatically lower on
the National Assessment of Educational Progress (NAEP) than
their counterparts who are not poor. Over 85 percent of
fourth graders who are poor failed to attain NAEP proficiency
standards in 2003.
(7) African-American, Latino, and low-income students are
much less likely than other students to have highly-qualified
teachers.
(8) Research shows that individual teachers have a great
impact on how well their students learn. The most effective
teachers have been shown to be able to boost their pupils'
learning by a full grade level relative to students taught by
less effective teachers.
(9) Although nearly half (42 percent) of all teachers hold
a master's degree, fewer than 1 in 4 secondary teachers have
a master's degree in the subject they teach.
(10) Young people with high SAT and ACT scores are much
less likely to choose teaching as a career. Those teachers
who have higher SAT or ACT scores are twice as likely to
leave the profession after only a few years.
(11) Only 16 States finance new teacher induction programs,
and fewer still require inductees to be matched with mentors
who teach the same subject.
TITLE I--RECRUITING TALENTED NEW TEACHERS
SEC. 101. AMENDMENTS TO THE HIGHER EDUCATION ACT OF 1965.
(a) TEACH Grants.--Title II of the Higher Education Act of
1965 (20 U.S.C. 1021 et seq.) is amended by adding at the end
the following:
``PART C--TEACH GRANTS
``SEC. 231. PURPOSES.
``The purposes of this part are--
``(1) to improve student academic achievement;
``(2) to help recruit and prepare teachers to meet the
national demand for a highly qualified teacher in every
classroom; and
``(3) to increase opportunities for Americans of all
educational, ethnic, class, and geographic backgrounds to
become highly qualified teachers.
``SEC. 232. PROGRAM ESTABLISHED.
``(a) Program Authority.--
``(1) Payments required.--For each of the fiscal years 2008
through 2015, the Secretary shall pay to each eligible
institution such sums as may be necessary to pay to each
eligible student (defined in accordance with section 484) who
files an application and agreement in accordance with section
233, and qualifies under subsection (a)(2) of such section, a
TEACH Grant in the amount of $4,000 for each academic year
during which that student is in attendance at an institution
of higher education.
``(2) Reference.--Grants made under this part shall be
known as `Teacher Education Assistance for College and Higher
Education Grants' or `TEACH Grants'.
``(b) Payment Methodology.--
``(1) Prepayment.--Not less than 85 percent of such sums
shall be advanced to eligible institutions prior to the start
of each payment period and shall be based upon an amount
requested by the institution as needed to pay eligible
students until such time as the Secretary determines and
publishes in the Federal Register, with an opportunity for
comment, an alternative payment system that provides payments
to institutions in an accurate and timely manner, except that
this sentence shall not be construed to limit the authority
of the Secretary to place an institution on a reimbursement
system of payment.
``(2) Direct payment.--Nothing in this section shall be
interpreted to prohibit the Secretary from paying directly to
students, in advance of the beginning of the academic term,
an amount for which the students are eligible, in cases where
the eligible institution elects not to participate in the
disbursement system required under paragraph (1).
``(3) Distribution of grants to students.--Payments under
this part shall be made, in accordance with regulations
promulgated by the Secretary for such purpose, in such manner
as will best accomplish the purposes of this part. Any
disbursement allowed to be made by crediting the student's
account shall be limited to tuition and fees and, in the case
of institutionally owned housing, room and board. The student
may elect to have the institution provide other such goods
and services by crediting the student's account.
``(c) Reductions in Amount.--
``(1) Part time students.--In any case where a student
attends an institution of higher education on less than a
full-time basis (including a student who attends an
institution of higher education on less than a half-time
basis) during any academic year, the amount of the TEACH
Grant for which that student is eligible shall be reduced in
proportion to the degree to which that student is not so
attending on a full-time basis, in accordance with a schedule
of reductions established by the Secretary for the purpose of
this part, computed in accordance with this part. Such
schedule of reductions shall be established by regulation and
published in the Federal Register in accordance with section
482.
``(2) No exceeding cost.--No TEACH Grant for a student
under this part shall exceed the cost of attendance (as
defined in section 472) at the institution at which such
student is in attendance. If, with respect to any student, it
is determined that the amount of a TEACH Grant exceeds the
cost of attendance for that year, the amount of the TEACH
Grant shall be reduced until the TEACH Grant does not exceed
the cost of attendance at such institution.
``(d) Period of Eligibility for Grants.--
``(1) Undergraduate students.--The period during which an
undergraduate student may receive TEACH Grants shall be the
period required for the completion of the first undergraduate
baccalaureate course of study being pursued by that student
at the institution at which the student is in attendance,
except that--
``(A) any period during which the student is enrolled in a
noncredit or remedial course of study, subject to paragraph
(3), shall not be counted for the purpose of this paragraph;
and
``(B) the total amount that a student may receive under
this part for undergraduate study shall not exceed $16,000.
``(2) Graduate students.--The period during which a
graduate student may receive TEACH Grants shall be the period
required for the completion of a master's degree course of
study being pursued by that student at the institution at
which the student is in attendance, except that the total
amount that a student may receive under this part for
graduate study shall not exceed $8,000.
``(3) Remedial course; study abroad.--Nothing in this
section shall exclude from eligibility courses of study that
are noncredit or remedial in nature (including courses in
English language acquisition) that are determined by the
institution to be necessary to help the student be prepared
for the pursuit of a first undergraduate baccalaureate degree
or certificate or, in the case of courses in English language
instruction, to be necessary to enable the student to utilize
already existing knowledge, training, or skills. Nothing in
this section shall exclude from eligibility programs of study
abroad that are approved for credit by the home institution
at which the student is enrolled.
``SEC. 233. ELIGIBILITY AND APPLICATIONS FOR GRANTS.
``(a) Applications; Demonstration of Eligibility.--
``(1) Filing required.--The Secretary shall from time to
time set dates by which students shall file applications for
TEACH Grants under this part. Each student desiring a TEACH
Grant for any year shall file an application containing such
information and assurances as the Secretary may deem
necessary to enable the Secretary to carry out the functions
and responsibilities of this part.
``(2) Demonstration of eligibility.--Each such application
shall contain such information as is necessary to demonstrate
that--
``(A) if the applicant is an enrolled student--
``(i) the student is an eligible student for purposes of
section 484 (other than subsection (r) of such section);
``(ii) the student--
``(I) has a grade point average that is determined, under
standards prescribed by the Secretary, to be comparable to a
3.25 average on a zero to 4.0 scale, except that, if the
student is in the first year of a program of undergraduate
education, such grade point average shall be determined on
the basis of the student's cumulative high school grade point
average; or
``(II) displayed high academic aptitude by receiving a
score above the 75th percentile on at least 1 of the
batteries in an undergraduate or graduate school admissions
test; and
``(iii) the student is completing coursework and other
requirements necessary to begin a career in teaching, or
plans to complete such coursework and requirements prior to
graduating; or
``(B) if the applicant is a current or prospective teacher
applying for a grant to obtain a graduate degree--
``(i) the applicant is a teacher, or a retiree from another
occupation, with expertise in a field in which there is a
shortage of teachers,
[[Page S5744]]
such as mathematics, science, special education, English
language acquisition, or another high-need subject; or
``(ii) the applicant is or was a teacher who is using high-
quality alternative certification routes, such as Teach for
America, to get certified.
``(b) Agreements to Serve.--Each application under
subsection (a) shall contain or be accompanied by an
agreement by the applicant that--
``(1) the applicant will--
``(A) serve as a full-time teacher for a total of not less
than 4 academic years within 8 years after completing the
course of study for which the applicant received a TEACH
Grant under this part;
``(B) teach--
``(i) in a school described in section 465(a)(2)(A); and
``(ii) in the field of mathematics, science, a foreign
language, bilingual education, or special education, or as a
reading specialist, or in another field documented as high-
need by the Federal Government, State government, or local
educational agency and submitted to the Secretary;
``(C) submit evidence of such employment in the form of a
certification by the chief administrative officer of the
school upon completion of each year of such service; and
``(D) comply with the requirements for being a highly
qualified teacher as defined in section 9101 of the
Elementary and Secondary Education Act of 1965 or, in the
case of a special education teacher, as defined in section
602 of the Individuals with Disabilities Education Act; and
``(2) in the event that the applicant is determined to have
failed or refused to carry out such service obligation, the
sum of the amounts of such TEACH Grants will be treated as a
loan and collected from the applicant in accordance with
subsection (c) and the regulations thereunder.
``(c) Repayment for Failure to Complete Service.--In the
event that any recipient of a TEACH Grant fails or refuses to
comply with the service obligation in the agreement under
subsection (b), the sum of the amounts of such Grants
provided to such recipient shall be treated as a Direct Loan
under part D of title IV, and shall be subject to repayment
in accordance with terms and conditions specified by the
Secretary in regulations promulgated to carry out this
part.''.
(b) Recruiting Teachers With Mathematics, Science, or
Language Majors.--Title II of the Higher Education Act of
1965 (20 U.S.C. 1021 et seq.), as amended by subsection (a),
is further amended by adding at the end the following:
``PART D--RECRUITING TEACHERS WITH MATHEMATICS, SCIENCE, OR LANGUAGE
MAJORS
``SEC. 241. PROGRAM AUTHORIZED.
``(a) Grants Authorized.--From the amounts appropriated
under section 242, the Secretary shall award competitive
grants to institutions of higher education to improve the
availability and recruitment of teachers from among students
majoring in mathematics, science, foreign languages, special
education, or teaching the English language to English
language learners. In making such grants, the Secretary shall
give priority to programs that focus on preparing teachers in
subjects in which there is a shortage of highly qualified
teachers and that prepare students to teach in high-need
schools.
``(b) Application.--Any institution of higher education
desiring to obtain a grant under this part shall submit to
the Secretary an application at such time, in such form, and
containing such information and assurances as the Secretary
may require, which shall--
``(1) include reporting on baseline production of teachers
with expertise in mathematics, science, a foreign language,
or teaching English language learners; and
``(2) establish a goal and timeline for increasing the
number of such teachers who are prepared by the institution.
``(c) Use of Funds.--Funds made available by a grant under
this part--
``(1) shall be used to create new recruitment incentives to
teaching for students from other majors, with an emphasis on
high-need subjects such as mathematics, science, foreign
languages, and teaching the English language to English
language learners;
``(2) may be used to upgrade curricula in order to provide
all students studying to become teachers with high-quality
instructional strategies for teaching reading and teaching
the English language to English language learners, and for
modifying instruction to teach students with special needs;
``(3) may be used to integrate school of education faculty
with other arts and science faculty in mathematics, science,
foreign languages, and teaching the English language to
English language learners, through steps such as--
``(A) dual appointments for faculty between schools of
education and schools of arts and science; and
``(B) integrating coursework with clinical experience; and
``(4) may be used to develop strategic plans between
schools of education and local educational agencies to better
prepare teachers for high-need schools, including the
creation of professional development partnerships for
training new teachers in state-of-the-art practice.
``SEC. 242. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
part $200,000,000 for fiscal year 2008 and such sums as may
be necessary for each of the 5 succeeding fiscal years.''.
(c) Part A Authorization.--Section 210 of the Higher
Education Act of 1965 (20 U.S.C. 1030) is amended--
(1) by striking ``$300,000,000 for fiscal year 1999'' and
inserting ``$400,000,000 for fiscal year 2008''; and
(2) by striking ``4 succeeding'' and inserting ``5
succeeding''.
SEC. 102. EXPANDING TEACHER LOAN FORGIVENESS.
(a) Increased Amount; Applicability of Expanded Program to
Reading Specialist.--Sections 428J(c)(3) and 460(c)(3) of the
Higher Education Act of 1965 (20 U.S.C. 1078-10(c)(3),
1087j(c)(3)) are each amended--
(1) by striking ``$17,500'' and inserting ``$20,000'';
(2) by striking ``and'' at the end of subparagraph (A)(ii);
(3) by striking the period at the end of subparagraph
(B)(iii) and inserting ``; and''; and
(4) by adding at the end the following:
``(C) an elementary school or secondary school teacher who
primarily teaches reading and who--
``(i) has obtained a separate reading instruction
credential from the State in which the teacher is employed;
and
``(ii) is certified by the chief administrative officer of
the public or nonprofit private elementary school or
secondary school in which the borrower is employed to teach
reading--
``(I) as being proficient in teaching the essential
components of reading instruction, as defined in section 1208
of the Elementary and Secondary Education Act of 1965; and
``(II) as having such credential.''.
(b) Annual Increments Instead of End of Service Lump
Sums.--
(1) FFEL loans.--Section 428J(c) of the Higher Education
Act of 1965 (20 U.S.C. 1078-10(c)) is amended by adding at
the end the following:
``(4) Annual increments.--Notwithstanding paragraph (1), in
the case of an individual qualifying for loan forgiveness
under paragraph (3), the Secretary shall, in lieu of waiting
to assume an obligation only upon completion of 5 complete
years of service, assume the obligation to repay--
``(A) after each of the first and second years of service
by an individual in a position qualifying under paragraph
(3), 15 percent of the total amount of principal and interest
of the loans described in paragraph (1) to such individual
that are outstanding immediately preceding such first year of
such service;
``(B) after each of the third and fourth years of such
service, 20 percent of such total amount; and
``(C) after the fifth year of such service, 30 percent of
such total amount.''.
(2) Direct loans.--Section 460(c) of the Higher Education
Act of 1965 (20 U.S.C. 1087j(c)) is amended by adding at the
end the following:
``(4) Annual increments.--Notwithstanding paragraph (1), in
the case of an individual qualifying for loan cancellation
under paragraph (3), the Secretary shall, in lieu of waiting
to assume an obligation only upon completion of 5 complete
years of service, assume the obligation to repay--
``(A) after each of the first and second years of service
by an individual in a position qualifying under paragraph
(3), 15 percent of the total amount of principal and interest
of the loans described in paragraph (1) to such individual
that are outstanding immediately preceding such first year of
such service;
``(B) after each of the third and fourth years of such
service, 20 percent of such total amount; and
``(C) after the fifth year of such service, 30 percent of
such total amount.''.
TITLE II--CLOSING THE TEACHER DISTRIBUTION GAP
SEC. 201. GRANTS TO LOCAL EDUCATIONAL AGENCIES TO PROVIDE
PREMIUM PAY TO TEACHERS IN HIGH-NEED SCHOOLS.
Title II of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6601 et seq.) is amended by adding at the end
the following:
``PART E--TEACHER EXCELLENCE FOR ALL CHILDREN
``SEC. 2500. DEFINITIONS.
``In this part:
``(1) The term `high-need local educational agency' means a
local educational agency--
``(A) that serves not fewer than 10,000 children from
families with incomes below the poverty line, or for which
not less than 20 percent of the children served by the agency
are from families with incomes below the poverty line; and
``(B) that is having or expected to have difficulty filling
teacher vacancies or hiring new teachers who are highly
qualified.
``(2) The term `value-added longitudinal data system' means
a longitudinal data system for determining value-added
student achievement gains.
``(3) The term `value-added student achievement gains'
means student achievement gains determined by means of a
system that--
``(A) is sufficiently sophisticated and valid--
``(i) to deal with the problem of students with incomplete
records;
``(ii) to enable estimates to be precise and to use all the
data for all students in multiple years, regardless of
sparseness, in order to avoid measurement error in test
scores
[[Page S5745]]
(such as by using multivariate, longitudinal analyses); and
``(iii) to protect against inappropriate testing practices
or improprieties in test administration;
``(B) includes a way to acknowledge the existence of
influences on student growth, such as pull-out programs for
support beyond the standard delivery of instruction, so that
affected teachers do not receive an unfair advantage; and
``(C) has the capacity to assign various proportions of
student growth to multiple teachers when the classroom
reality, such as team teaching and departmentalized
instruction, makes such type of instruction an issue.
``Subpart 1--Distribution
``SEC. 2501. PREMIUM PAY; LOAN REPAYMENT.
``(a) Grants.--The Secretary shall make grants to local
educational agencies to provide higher salaries to exemplary,
highly qualified principals and exemplary, highly qualified
teachers with at least 3 years of experience, including
teachers certified by the National Board for Professional
Teaching Standards, if the principal or teacher agrees to
serve full-time for a period of 4 consecutive school years at
a public high-need elementary school or a public high-need
secondary school.
``(b) Use of Funds.--A local educational agency that
receives a grant under this section may use funds made
available through the grant--
``(1) to provide to exemplary, highly qualified principals
up to $15,000 as an annual bonus for each of 4 consecutive
school years if the principal commits to work full-time for
such period in a public high-need elementary school or a
public high-need secondary school; and
``(2) to provide to exemplary, highly qualified teachers--
``(A) up to $10,000 as an annual bonus for each of 4
consecutive school years if the teacher commits to work full-
time for such period in a public high-need elementary school
or a public high-need secondary school; or
``(B) up to $12,500 as an annual bonus for each of 4
consecutive school years if the teacher commits to work full-
time for such period teaching a subject for which there is a
documented shortage of teachers in a public high-need
elementary school or a public high-need secondary school.
``(c) Timing of Payment.--A local educational agency
providing an annual bonus to a principal or teacher under
subsection (b) shall pay the bonus on completion of the
service requirement by the principal or teacher for the
applicable year.
``(d) Grant Period.--The Secretary shall make grants under
this section in yearly installments for a total period of 4
years.
``(e) Observation, Feedback, and Evaluation.--The Secretary
may make a grant to a local educational agency under this
section only if the State in which the agency is located or
the agency has in place or proposes a plan, developed on a
collaborative basis with the local teacher organization, to
develop a system in which principals and, if available,
master teachers rate teachers as exemplary. Such a system
shall be--
``(1) based on strong learning gains for students;
``(2) based on classroom observation and feedback at least
4 times annually;
``(3) conducted by multiple sources, including master
teachers and principals; and
``(4) evaluated against research-validated rubrics that use
planning, instructional, and learning environment standards
to measure teaching performance.
``(f) Application Requirements.--To seek a grant under this
section, a local educational agency shall submit an
application to the Secretary at such time, in such manner,
and containing such information as the Secretary reasonably
requires. At a minimum, the application shall include the
following:
``(1) A description of the agency's proposed new teacher
hiring timeline, including interim goals for any phase-in
period.
``(2) An assurance that the agency will--
``(A) pay matching funds for the program carried out with
the grant, which matching funds may be derived from funds
received under other provisions of this title;
``(B) commit to making the program sustainable over time;
``(C) create incentives to bring a critical mass of
exemplary, highly qualified teachers to each school whose
teachers will receive assistance under this section;
``(D) improve the school's working conditions through
activities that may include--
``(i) reducing class size;
``(ii) ensuring the availability of classroom materials,
textbooks, and other supplies;
``(iii) improving or modernizing facilities; and
``(iv) upgrading safety; and
``(E) accelerate the timeline for hiring new teachers in
order to minimize the withdrawal of high-quality teacher
applicants and secure the best new teacher talent for the
local educational agency's hardest-to-staff schools.
``(3) An assurance that, in identifying exemplary teachers,
the system described in subsection (e) will take into
consideration--
``(A) the growth of the teacher's students on any tests
required by the State educational agency;
``(B) value-added student achievement gains if such teacher
is in a State that uses a value-added longitudinal data
system;
``(C) National Board for Professional Teaching Standards
certification; and
``(D) evidence of teaching skill documented in performance-
based assessments.
``(g) Hiring Highly Qualified Teachers Early and in a
Timely Manner.--
``(1) In general.--In addition to the requirements of
subsection (f), an application under such subsection shall
include a description of the steps the local educational
agency will take to enable all or a subset of the agency's
schools to hire new highly qualified teachers early and in a
timely manner, including--
``(A) requiring a clear and early notification date for
retiring teachers that is no later than March 15 each year;
``(B) providing schools with their staffing allocations for
a school year no later than April of the preceding school
year;
``(C) enabling schools to consider external candidates at
the same time as internal candidates for available positions;
``(D) moving up the teacher transfer period to April and
not requiring schools to hire transferring or `excessed'
teachers from other schools without selection and consent;
and
``(E) establishing and implementing a new principal
accountability framework to ensure that principals with
increased hiring authority are improving teacher quality.
``(2) Rule of construction.--Nothing in this subsection
shall be construed to alter or otherwise affect the rights,
remedies, and procedures afforded school or district
employees under Federal, State, or local laws (including
applicable regulations or court orders) or under the terms of
collective bargaining agreements, memoranda of understanding,
or other agreements between such employees and their
employers.
``(h) Priority.--In providing higher salaries to principals
and teachers under this section, a local educational agency
shall give priority to principals and teachers at schools
identified under section 1116 for school improvement,
corrective action, or restructuring.
``(i) Definitions.--In this section:
``(1) The term `high-need' means, with respect to an
elementary school or a secondary school, a school that serves
an eligible school attendance area in which not less than 65
percent of the children are from low-income families, based
on the number of children eligible for free and reduced
priced lunches under the Richard B. Russell National School
Lunch Act, or in which not less than 65 percent of the
children enrolled are from such families.
``(2) The term `documented shortage of teachers'--
``(A) means a shortage of teachers documented in the needs
assessment submitted under section 2122 by the local
educational agency involved or some other official
demonstration of shortage by the local educational agency;
and
``(B) may include such a shortage in mathematics, science,
a foreign language, special education, bilingual education,
or reading.
``(3) The term `exemplary, highly qualified principal'
means a principal who--
``(A) demonstrates a belief that every student can achieve
at high levels;
``(B) demonstrates an ability to drive substantial gains in
academic achievement for all students while closing the
achievement gap for those farthest from meeting standards;
``(C) uses data to drive instructional improvement;
``(D) provides ongoing support and development for
teachers; and
``(E) builds a positive school community, treating every
student with respect and reinforcing high expectations for
all.
``(4) The term `exemplary, highly qualified teacher' means
a highly qualified teacher who is rated as exemplary pursuant
to a system described in subsection (e).
``(j) Authorization of Appropriations.--To carry out this
section, there are authorized to be appropriated
$2,200,000,000 for fiscal year 2008 and such sums as may be
necessary for each of the 5 succeeding fiscal years.
``SEC. 2502. CAREER LADDERS FOR TEACHERS PROGRAM.
``(a) Grants.--The Secretary may make grants to local
educational agencies to establish and implement a Career
Ladders for Teachers Program in which the agency--
``(1) augments the salary of teachers in high-need
elementary schools and high-need secondary schools to
correspond to the increasing responsibilities and leadership
roles assumed by the teachers as they take on new
professional roles (such as serving on school leadership
teams, serving as instructional coaches, and serving in
hybrid roles), including by--
``(A) providing not more than $10,000 as an annual
augmentation to master teachers (including teachers serving
as master teachers as part of a state-of-the-art teacher
induction program under section 2511); and
``(B) providing not more than $5,000 as an annual
augmentation to mentor teachers (including teachers serving
as mentor teachers as part of a state-of-the-art teacher
induction program under section 2511);
``(2) provides not more than $4,000 as an annual bonus to
all career teachers, master teachers, and mentor teachers in
high-need elementary schools and high-need secondary schools
based on a combination of--
``(A) at least 3 classroom evaluations over the course of
the year that shall--
``(i) be conducted by multiple evaluators, including master
teachers and the principal;
``(ii) be based on classroom observation at least 3 times
annually; and
[[Page S5746]]
``(iii) be evaluated against research-validated benchmarks
that use planning, instructional, and learning environment
standards to measure teacher performance; and
``(B) the performance of the teacher's students as
determined by--
``(i) student growth on any test that is required by the
State educational agency or local educational agency and is
administered to the teacher's students; or
``(ii) in States or local educational agencies with value-
added longitudinal data systems, whole-school value-added
student achievement gains and classroom-level value-added
student achievement gains; or
``(3) provides not more than $4,000 as an annual bonus to
principals in elementary schools and secondary schools based
on the performance of the school's students, taking into
consideration whole-school value-added student achievement
gains in States that have value-added longitudinal data
systems and in which information on whole-school value-added
student achievement gains is available.
``(b) Eligibility Requirement.--A local educational agency
may not use any funds under this section to establish or
implement a Career Ladders for Teachers Program unless--
``(1) the percentage of teachers required by prevailing
union rules votes affirmatively to adopt the program; or
``(2) in States that do not recognize collective bargaining
between local educational agencies and teacher organizations,
at least 75 percent of the teachers in the local educational
agency vote affirmatively to adopt the program.
``(c) Definitions.--In this section:
``(1) The term `career teacher' means a teacher who has a
baccalaureate degree and full credentials or alternative
certification including a passing level on elementary or
secondary subject matter assessments and professional
knowledge assessments.
``(2) The term `mentor teacher' means a teacher who--
``(A) has a baccalaureate degree and full credentials or
alternative certification including a passing level on any
applicable elementary or secondary subject matter assessments
and professional knowledge assessments;
``(B) has a portfolio and a classroom demonstration showing
instructional excellence;
``(C) has an ability, as demonstrated by student data, to
increase student achievement through utilizing specific
instructional strategies;
``(D) has a minimum of 3 years of teaching experience;
``(E) is recommended by the principal and other current
master and mentor teachers;
``(F) is an excellent instructor and communicator with an
understanding of how to facilitate growth in the teachers the
teacher is mentoring; and
``(G) performs well as a mentor in established induction
and peer review and mentoring programs.
``(3) The term `master teacher' means a teacher who--
``(A) holds a master's degree in the relevant academic
discipline;
``(B) has a minimum of 5 years of successful teaching
experience, as measured by performance evaluations, a
portfolio of work, or National Board for Professional
Teaching Standards certification;
``(C) demonstrates expertise in content, curriculum
development, student learning, test analysis, mentoring, and
professional development, as demonstrated by an advanced
degree, advanced training, career experience, or National
Board for Professional Teaching Standards certification;
``(D) presents student data that illustrates the teacher's
ability to increase student achievement through utilizing
specific instructional interventions;
``(E) has instructional expertise demonstrated through
model teaching, team teaching, video presentations, student
achievement gains, or National Board for Professional
Teaching Standards certification;
``(F) may hold a valid National Board for Professional
Teaching Standards certificate, may have passed another
rigorous standard, or may have been selected as a school,
district, or State teacher of the year; and
``(G) is currently participating, or has previously
participated, in a professional development program that
supports classroom teachers as mentors.
``(4) The term `high-need', with respect to an elementary
school or a secondary school, has the meaning given to that
term in section 2501(i).
``(d) Authorization of Appropriations.--To carry out this
section, there are authorized to be appropriated $200,000,000
for fiscal year 2008 and such sums as may be necessary for
each of the 5 succeeding fiscal years.''.
TITLE III--IMPROVING TEACHER PREPARATION
SEC. 301. AMENDMENT TO THE ELEMENTARY AND SECONDARY EDUCATION
ACT OF 1965.
Part E of title II of the Elementary and Secondary
Education Act of 1965, as added by title II of this Act, is
amended by adding at the end the following:
``Subpart 2--Preparation
``SEC. 2511. ESTABLISHING STATE-OF-THE-ART TEACHER INDUCTION
PROGRAMS.
``(a) Grants.--The Secretary may make grants to States and
eligible local educational agencies for the purpose of
developing state-of-the-art teacher induction programs.
``(b) Eligible Local Educational Agency.--In this section,
the term `eligible local educational agency' means--
``(1) a high-need local educational agency; or
``(2) a partnership between a high-need local educational
agency and an institution of higher education, a teacher
organization, or any other nonprofit education organization.
``(c) Use of Funds.--A State or an eligible local
educational agency that receives a grant under subsection (a)
shall use the funds made available through the grant to
develop a state-of the-art teacher induction program that--
``(1) provides new teachers a minimum of 3 years of
extensive, high-quality, comprehensive induction into the
field of teaching; and
``(2) includes--
``(A) structured mentoring for new teachers from highly
qualified master or mentor teachers who are certified, have
teaching experience similar to the grade level or subject
assignment of the new teacher, and are trained to mentor new
teachers;
``(B) at least 90 minutes each week of common meeting time
for a new teacher to discuss student work and teaching under
the director of a master or mentor teacher;
``(C) regular classroom observation in the new teacher's
classroom;
``(D) observation by the new teacher of the mentor
teacher's classroom;
``(E) intensive professional development activities for new
teachers that result in improved teaching leading to student
achievement, including lesson demonstration by master and
mentor teachers in the classroom, observation, and feedback;
``(F) training in effective instructional services and
classroom management strategies for mainstream teachers
serving students with disabilities and students with limited
English proficiency;
``(G) observation of teachers and feedback at least 4 times
each school year by multiple evaluators, including master
teachers and the principals, using research-validated
benchmarks of teaching skills and standards that are
developed with input from teachers;
``(H) paid release time for the mentor teacher for
mentoring, or salary supplements under section 2502, for
mentoring new teachers at a ratio of one full-time mentor to
every 12 new teachers;
``(I) a transition year to the classroom that includes a
reduced workload for beginning teachers; and
``(J) a standards-based assessment of every beginning
teacher to determine whether the teacher should move forward
in the teaching profession, which assessment may include
examination of practice and a measure of gains in student
learning.
``(d) Additional Requirement.--The Secretary shall
commission an independent evaluation of state-of the-art
teacher induction programs supported under this section in
order to compare the design and outcome of various models of
induction programs.
``(e) Authorization of Appropriations.--To carry out this
section, there are authorized to be appropriated $300,000,000
for fiscal year 2008 and such sums as may be necessary for
each of the 5 succeeding fiscal years.
``SEC. 2512. PEER MENTORING AND REVIEW PROGRAMS.
``(a) Grants.--The Secretary shall make grants to local
educational agencies for peer mentoring and review programs.
``(b) Use of Funds.--A local educational agency that
receives a grant under this section shall use the funds made
available through the grant to establish and implement a peer
mentoring and review program. Such a program shall be
established through collective bargaining agreements or, in
States that do not recognize collective bargaining between
local educational agencies and teacher organizations, through
joint agreements between the local educational agency and
affected teacher organizations.
``(c) Application.--To seek a grant under this section, a
local educational agency shall submit an application at such
time, in such manner, and containing such information as the
Secretary may reasonably require. The Secretary shall require
each such application to include the following:
``(1) Data from the applicant on recruitment and retention
prior to implementing the induction program.
``(2) Measurable goals for increasing retention after the
induction program is implemented.
``(3) Measures that will be used to determine whether
teacher effectiveness is improved through participation in
the induction program.
``(4) A plan for evaluating and reporting progress toward
meeting the applicant's goals.
``(d) Progress Reports.--The Secretary shall require each
grantee under this section to submit progress reports on an
annual basis.
``(e) Authorization of Appropriations.--To carry out this
section, there are authorized to be appropriated $50,000,000
for fiscal year 2008 and such sums as may be necessary for
each of the 5 succeeding fiscal years.
``SEC. 2513. ESTABLISHING STATE-OF-THE-ART PRINCIPAL TRAINING
AND INDUCTION PROGRAMS AND PERFORMANCE-BASED
PRINCIPAL CERTIFICATION.
``(a) Grants.--The Secretary may make grants to not more
than 10 States to develop, implement, and evaluate pilot
programs for
[[Page S5747]]
performance-based certification and training of exemplary,
highly qualified principals who can drive gains in academic
achievement for all children.
``(b) Program Requirements.--A pilot program developed
under this section--
``(1) shall pilot the development, implementation, and
evaluation of a statewide performance-based system for
certifying principals;
``(2) shall pilot and demonstrate the effectiveness of
statewide performance-based certification through support for
innovative performance-based programs on a smaller scale;
``(3) shall provide for certification of principals by
institutions with strong track records, such as a local
educational agency, nonprofit organization, or business
school, that is approved by the State for purposes of such
certification and has formalized partnerships with in-State
local educational agencies;
``(4) may be used to develop, sustain, and expand model
programs for recruiting and training aspiring and new
principals in both instructional leadership and general
management skills;
``(5) shall include evaluation of the results of the pilot
program and other in-State programs of principal preparation
(which evaluation may include value-added assessment scores
of all children in a school and should emphasize the
correlation of academic achievement gains in schools led by
participating principals and the characteristics and skills
demonstrated by those individuals when applying to and
participating in the program) to inform the design of
certification of individuals to become school leaders in the
State; and
``(6) shall make possible interim certification for up to 2
years for aspiring principals participating in the pilot
program who--
``(A) have not yet attained full certification;
``(B) are serving as assistant principals or principal
residents, or in positions of similar responsibility; and
``(C) have met clearly defined criteria for entry into the
program that are approved by the applicable local educational
agency.
``(c) Priority.--In selecting grant recipients under this
section, the Secretary shall give priority to States that
will use the grants for 1 or more high-need local educational
agencies and schools.
``(d) Terms of Grant.--A grant under this section--
``(1) shall be for not more than 5 years; and
``(2) shall be performance-based, permitting the Secretary
to discontinue funding based on failure of the State to meet
the benchmarks identified by the State.
``(e) Use of Evaluation Results.--A State receiving a grant
under this section shall use the evaluation results of the
pilot program conducted pursuant to the grant and similar
evaluations of other in-State programs of principal
preparation (especially the correlation of academic
achievement gains in schools led by participating principals
and the characteristics and skills demonstrated by those
individuals when applying to and participating in the pilot
program) to inform the design of the certification of
individuals to become school leaders in the State.
``(f) Definitions.--For the purposes of this section:
``(1) The term `exemplary, highly qualified principal' has
the meaning given to that term in section 2501.
``(2) The term `performance-based certification system'
means a certification system that--
``(A) is based on a clearly defined set of standards for
skills and knowledge needed by new principals;
``(B) is not based on the numbers of hours enrolled in
particular courses;
``(C) certifies participating individuals to become school
leaders primarily based on--
``(i) their demonstration of those skills through a formal
assessment aligned to these standards; and
``(ii) academic achievement results in a school leadership
role such as a residency or an assistant principalship; and
``(D) awards certification to individuals who successfully
complete programs at institutions that include local
educational agencies, nonprofit organizations, and business
schools approved by the State for purposes of such
certification and have formalized partnerships with in-State
local educational agencies.
``(g) Authorization of Appropriations.--To carry out this
section, there are authorized to be appropriated $100,000,000
for fiscal year 2008 and such sums as may be necessary for
each of the 5 succeeding fiscal years.
``SEC. 2514. STUDY ON DEVELOPING A PORTABLE PERFORMANCE-BASED
TEACHER ASSESSMENT.
``(a) Study.--
``(1) In general.--The Secretary shall enter into an
arrangement with an objective evaluation firm to conduct a
study to assess the validity of any test used for teacher
certification or licensure by multiple States, taking into
account the passing scores adopted by multiple States. The
study shall determine the following:
``(A) The extent to which tests of content knowledge
represent subject mastery at the baccalaureate level.
``(B) Whether tests of pedagogy reflect the latest research
on teaching and learning.
``(C) The relationship, if any, between teachers' scores on
licensure and certification examinations and other measures
of teacher effectiveness, including learning gains achieved
by the teachers' students.
``(2) Report.--The Secretary shall submit a report to the
Congress on the results of the study conducted under this
subsection.
``(b) Grant to Create a Model Performance-Based
Assessment.--
``(1) Grant.--The Secretary may make 1 grant to an eligible
partnership to create a model performance-based assessment of
teaching skills that reliably evaluates teaching skills in
practice and can be used to facilitate the portability of
teacher credentials and licensing from one State to another.
``(2) Consideration of study.--In creating a model
performance-based assessment of teaching skills, the
recipient of a grant under this section shall take into
consideration the results of the study conducted under
subsection (a).
``(3) Eligible partnership.--In this section, the term
`eligible partnership' means a partnership of--
``(A) an independent professional organization; and
``(B) an organization that represents administrators of
State educational agencies.''.
SEC. 302. AMENDMENT TO THE HIGHER EDUCATION ACT OF 1965:
TEACHER QUALITY ENHANCEMENT GRANTS.
Part A of title II of the Higher Education Act of 1965 is
amended by striking sections 206 through 209 (20 U.S.C. 1026-
1029) and inserting the following:
``SEC. 206. ACCOUNTABILITY AND EVALUATION.
``(a) State Grant Accountability Report.--An eligible State
that receives a grant under section 202 shall submit an
annual accountability report to the Secretary, the Committee
on Health, Education, Labor, and Pensions of the Senate, and
the Committee on Education and the Workforce of the House of
Representatives. Such report shall include a description of
the degree to which the eligible State, in using funds
provided under such section, has made substantial progress in
meeting the following goals:
``(1) Percentage of highly qualified teachers.--Increasing
the percentage of highly qualified teachers in the State as
required by section 1119 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6319).
``(2) Student academic achievement.--Increasing student
academic achievement for all students, which may be measured
through the use of value-added assessments, as defined by the
eligible State.
``(3) Raising standards.--Raising the State academic
standards required to enter the teaching profession as a
highly qualified teacher.
``(4) Initial certification or licensure.--Increasing
success in the pass rate for initial State teacher
certification or licensure, or increasing the numbers of
qualified individuals being certified or licensed as teachers
through alternative routes to certification and licensure.
``(5) Decreasing teacher shortages.--Decreasing shortages
of highly qualified teachers in poor urban and rural areas.
``(6) Increasing opportunities for research-based
professional development.--Increasing opportunities for
enhanced and ongoing professional development that--
``(A) improves the academic content knowledge of teachers
in the subject areas in which the teachers are certified or
licensed to teach or in which the teachers are working toward
certification or licensure to teach; and
``(B) promotes strong teaching skills.
``(7) Technology integration.--Increasing the number of
teachers prepared effectively to integrate technology into
curricula and instruction and who use technology to collect,
manage, and analyze data to improve teaching, learning, and
parental involvement decisionmaking for the purpose of
increasing student academic achievement.
``(b) Eligible Partnership Evaluation.--Each eligible
partnership applying for a grant under section 203 shall
establish, and include in the application submitted under
section 203(c), an evaluation plan that includes strong
performance objectives. The plan shall include objectives and
measures for--
``(1) increased student achievement for all students, as
measured by the partnership;
``(2) increased teacher retention in the first 3 years of a
teacher's career;
``(3) increased success in the pass rate for initial State
certification or licensure of teachers;
``(4) increased percentage of highly qualified teachers;
and
``(5) increasing the number of teachers trained effectively
to integrate technology into curricula and instruction and
who use technology to collect, manage, and analyze data to
improve teaching, learning, and decisionmaking for the
purpose of improving student academic achievement.
``(c) Revocation of Grant.--
``(1) Report.--Each eligible State or eligible partnership
receiving a grant under section 202 or 203 shall report
annually on the progress of the eligible State or eligible
partnership toward meeting the purposes of this part and the
goals, objectives, and measures described in subsections (a)
and (b).
``(2) Revocation.--
``(A) Eligible states and eligible applicants.--If the
Secretary determines that an eligible State or eligible
applicant is not making substantial progress in meeting the
purposes, goals, objectives, and measures, as appropriate, by
the end of the second year of
[[Page S5748]]
a grant under this part, then the grant payment shall not be
made for the third year of the grant.
``(B) Eligible partnerships.--If the Secretary determines
that an eligible partnership is not making substantial
progress in meeting the purposes, goals, objectives, and
measures, as appropriate, by the end of the third year of a
grant under this part, then the grant payments shall not be
made for any succeeding year of the grant.
``(d) Evaluation and Dissemination.--The Secretary shall
evaluate the activities funded under this part and report
annually the Secretary's findings regarding the activities to
the Committee on Health, Education, Labor, and Pensions of
the Senate and the Committee on Education and the Workforce
of the House of Representatives. The Secretary shall broadly
disseminate successful practices developed by eligible States
and eligible partnerships under this part, and shall broadly
disseminate information regarding such practices that were
found to be ineffective.
``SEC. 207. ACCOUNTABILITY FOR PROGRAMS THAT PREPARE
TEACHERS.
``(a) State Report Card on the Quality of Teacher and
Principal Preparation.--Each State that receives funds under
this Act shall provide to the Secretary annually, in a
uniform and comprehensible manner that conforms with the
definitions and methods established by the Secretary, a State
report card on the quality of teacher preparation in the
State, both for traditional certification or licensure
programs and for alternative certification or licensure
programs, which shall include at least the following:
``(1) A description of the teacher and principal
certification and licensure assessments, and any other
certification and licensure requirements, used by the State.
``(2) The standards and criteria that prospective teachers
and principals must meet in order to attain initial teacher
and principal certification or licensure and to be certified
or licensed to teach particular subjects or in particular
grades within the State.
``(3) A demonstration of the extent to which the
assessments and requirements described in paragraph (1) are
aligned with the State's standards and assessments for
students.
``(4) The percentage of students who have completed the
clinical coursework for a teacher preparation program at an
institution of higher education or alternative certification
program and who have taken and passed each of the assessments
used by the State for teacher certification and licensure,
and the passing score on each assessment that determines
whether a candidate has passed that assessment.
``(5) For students who have completed the clinical
coursework for a teacher preparation program at an
institution of higher education or alternative certification
program, and who have taken and passed each of the
assessments used by the State for teacher certification and
licensure, each such institution's and each such program's
average raw score, ranked by teacher preparation program,
which shall be made available widely and publicly.
``(6) A description of each State's alternative routes to
teacher certification, if any, and the number and percentage
of teachers certified through each alternative certification
route who pass State teacher certification or licensure
assessments.
``(7) For each State, a description of proposed criteria
for assessing the performance of teacher and principal
preparation programs in the State, including indicators of
teacher and principal candidate skills, placement, and
retention rates (to the extent feasible), and academic
content knowledge and evidence of gains in student academic
achievement.
``(8) For each teacher preparation program in the State,
the number of students in the program, the number of minority
students in the program, the average number of hours of
supervised practice teaching required for those in the
program, and the number of full-time equivalent faculty,
adjunct faculty, and students in supervised practice
teaching.
``(9) For the State as a whole, and for each teacher
preparation program in the State, the number of teachers
prepared, in the aggregate and reported separately by--
``(A) level (elementary or secondary);
``(B) academic major;
``(C) subject or subjects for which the student has been
prepared to teach; and
``(D) teacher candidates who speak a language other than
English and have been trained specifically to teach English-
language learners.
``(10) The State shall refer to the data generated for
paragraphs (8) and (9) to report on the extent to which
teacher preparation programs are helping to address shortages
of qualified teachers, by level, subject, and specialty, in
the State's public schools, especially in poor urban and
rural areas as required by section 206(a)(5).
``(b) Report of the Secretary on the Quality of Teacher
Preparation.--
``(1) Report card.--The Secretary shall provide to
Congress, and publish and make widely available, a report
card on teacher qualifications and preparation in the United
States, including all the information reported in paragraphs
(1) through (10) of subsection (a). Such report shall
identify States for which eligible States and eligible
partnerships received a grant under this part. Such report
shall be so provided, published, and made available annually.
``(2) Report to congress.--The Secretary shall report to
Congress--
``(A) a comparison of States' efforts to improve teaching
quality; and
``(B) regarding the national mean and median scores on any
standardized test that is used in more than 1 State for
teacher certification or licensure.
``(3) Special rule.--In the case of programs with fewer
than 10 students who have completed the clinical coursework
for a teacher preparation program taking any single initial
teacher certification or licensure assessment during an
academic year, the Secretary shall collect and publish
information with respect to an average pass rate on State
certification or licensure assessments taken over a 3-year
period.
``(c) Coordination.--The Secretary, to the extent
practicable, shall coordinate the information collected and
published under this part among States for individuals who
took State teacher certification or licensure assessments in
a State other than the State in which the individual received
the individual's most recent degree.
``(d) Institution and Program Report Cards on Quality of
Teacher Preparation.--
``(1) Report card.--Each institution of higher education or
alternative certification program that conducts a teacher
preparation program that enrolls students receiving Federal
assistance under this Act shall report annually to the State
and the general public, in a uniform and comprehensible
manner that conforms with the definitions and methods
established by the Secretary, both for traditional
certification or licensure programs and for alternative
certification or licensure programs, the following
information, disaggregated by major racial and ethnic groups:
``(A) Pass rate.--(i) For the most recent year for which
the information is available, the pass rate of each student
who has completed the clinical coursework for the teacher
preparation program on the teacher certification or licensure
assessments of the State in which the institution is located,
but only for those students who took those assessments within
3 years of receiving a degree from the institution or
completing the program.
``(ii) A comparison of the institution or program's pass
rate for students who have completed the clinical coursework
for the teacher preparation program with the average pass
rate for institutions and programs in the State.
``(iii) In the case of programs with fewer than 10 students
who have completed the clinical coursework for a teacher
preparation program taking any single initial teacher
certification or licensure assessment during an academic
year, the institution shall collect and publish information
with respect to an average pass rate on State certification
or licensure assessments taken over a 3-year period.
``(B) Program information.--The number of students in the
program, the average number of hours of supervised practice
teaching required for those in the program, and the number of
full-time equivalent faculty and students in supervised
practice teaching.
``(C) Statement.--In States that require approval or
accreditation of teacher education programs, a statement of
whether the institution's program is so approved or
accredited, and by whom.
``(D) Designation as low-performing.--Whether the program
has been designated as low-performing by the State under
section 208(a).
``(2) Requirement.--The information described in paragraph
(1) shall be reported through publications such as school
catalogs and promotional materials sent to potential
applicants, secondary school guidance counselors, and
prospective employers of the institution's program graduates,
including materials sent by electronic means.
``(3) Fines.--In addition to the actions authorized in
section 487(c), the Secretary may impose a fine not to exceed
$25,000 on an institution of higher education for failure to
provide the information described in this subsection in a
timely or accurate manner.
``(e) Data Quality.--Either--
``(1) the Governor of the State; or
``(2) in the case of a State for which the constitution or
law of such State designates another individual, entity, or
agency in the State to be responsible for teacher
certification and preparation activity, such individual,
entity, or agency;
shall attest annually, in writing, as to the reliability,
validity, integrity, and accuracy of the data submitted
pursuant to this section.
``SEC. 208. STATE FUNCTIONS.
``(a) State Assessment.--In order to receive funds under
this Act, a State shall have in place a procedure to identify
and assist, through the provision of technical assistance,
low-performing programs of teacher preparation within
institutions of higher education. Such State shall provide
the Secretary an annual list of such low-performing
institutions that includes an identification of those
institutions at risk of being placed on such list. Such
levels of performance shall be determined solely by the State
and may include criteria based upon information collected
pursuant to this part. Such assessment shall be described in
the report under section 207(a). A State receiving Federal
funds under this title shall develop plans to close or
reconstitute underperforming programs of teacher preparation
within institutions of higher education.
[[Page S5749]]
``(b) Termination of Eligibility.--Any institution of
higher education that offers a program of teacher preparation
in which the State has withdrawn the State's approval or
terminated the State's financial support due to the low
performance of the institution's teacher preparation program
based upon the State assessment described in subsection (a)--
``(1) shall be ineligible for any funding for professional
development activities awarded by the Department of
Education; and
``(2) shall not be permitted to accept or enroll any
student who receives aid under title IV of this Act in the
institution's teacher preparation program.
``SEC. 209. GENERAL PROVISIONS.
``In complying with sections 207 and 208, the Secretary
shall ensure that States and institutions of higher education
use fair and equitable methods in reporting and that the
reporting methods do not allow identification of
individuals.''.
SEC. 303. ENFORCING NCLB'S TEACHER EQUITY PROVISION.
Subpart 2 of part E of title IX of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7901 et seq.) is
amended by adding at the end the following:
``SEC. 9537. ASSURANCE OF REASONABLE PROGRESS TOWARD
EQUITABLE ACCESS TO TEACHER QUALITY.
``(a) In General.--The Secretary may not provide any
assistance to a State under this Act unless, in the State's
application for such assistance, the State--
``(1) provides the plan required by section 1111(b)(8)(C)
and at least one public report pursuant to that section;
``(2) clearly articulates the measures the State is using
to determine whether poor and minority students are being
taught disproportionately by inexperienced, unqualified, or
out-of-field teachers;
``(3) includes an evaluation of the success of the State's
plan required by section 1111(b)(8)(C) in addressing any such
disparities;
``(4) with respect to any such disparities, proposes
modifications to such plan; and
``(5) includes a description of the State's activities to
monitor the compliance of local educational agencies in the
State with section 1112(c)(1)(L).
``(b) Effective Date.--This section applies with respect to
any assistance under this Act for which an application is
submitted after the date of the enactment of this section.''.
TITLE IV--EQUIPPING TEACHERS, SCHOOLS, LOCAL EDUCATIONAL AGENCIES, AND
STATES WITH THE 21ST CENTURY DATA, TOOLS, AND ASSESSMENTS THEY NEED
SEC. 401. 21ST CENTURY DATA, TOOLS, AND ASSESSMENTS.
Part E of title II of the Elementary and Secondary
Education Act of 1965, as added by titles II and III of this
Act, is amended by adding at the end the following:
``Subpart 3--21st Century Data, Tools, and Assessments
``SEC. 2521. DEVELOPING VALUE-ADDED DATA SYSTEMS.
``(a) Teacher and Principal Evaluation.--
``(1) Grants.--The Secretary shall make grants to States to
develop and implement statewide data systems to collect and
analyze data on the effectiveness of elementary school and
secondary school teachers and principals, based on value-
added student achievement gains, for the purposes of--
``(A) determining the distribution of effective teachers
and principals in schools across the State;
``(B) developing measures for helping teachers and
principals to improve their instruction; and
``(C) evaluating the effectiveness of teacher and principal
preparation programs.
``(2) Data requirements.--At a minimum, a statewide data
system under this section shall--
``(A) track student course-taking patterns and teacher
characteristics, such as certification status and performance
on licensure exams; and
``(B) allow for the analysis of gains in achievement made
by individual students over time, including gains
demonstrated through student academic assessments under
section 1111 and tests required by the State for course
completion.
``(3) Standards.--The Secretary shall develop standards for
the collection of data with grant funds under this section to
ensure that such data are statistically valid and reliable.
``(4) Application.--To seek a grant under this section, a
State shall submit an application at such time, in such
manner, and containing such information as the Secretary may
require. At a minimum, each such application shall
demonstrate to the Secretary's satisfaction that the
assessments used by the State to collect and analyze data for
purposes of this subsection--
``(A) are aligned to State standards;
``(B) have the capacity to assess the highest- and lowest-
performing students; and
``(C) are statistically valid and reliable.
``(b) Teacher Training.--The Secretary may make grants to
institutions of higher education, local educational agencies,
nonprofit organizations, and teacher organizations to develop
and implement innovative programs to provide preservice and
in-service training to elementary and secondary schools on--
``(1) understanding increasingly sophisticated student
achievement data, especially data derived from value-added
longitudinal data systems; and
``(2) using such data to improve classroom instruction.
``(c) Study.--The Secretary shall enter into an agreement
with the National Academy of Sciences--
``(1) to evaluate the quality of data on the effectiveness
of elementary school and secondary school teachers, based on
value-added student achievement gains; and
``(2) to compare a range of models for collecting and
analyzing such data.
``(d) Authorization of Appropriations.--To carry out this
section, there are authorized to be appropriated $200,000,000
for the period of fiscal years 2008 and 2009 and such sums as
may be necessary for each of the 4 succeeding fiscal
years.''.
SEC. 402. COLLECTING NATIONAL DATA ON DISTRIBUTION OF
TEACHERS.
Section 155 of the Education Sciences Reform Act of 2002
(20 U.S.C. 9545) is amended by adding at the end the
following:
``(d) Schools and Staffing Survey.--Not later than the end
of fiscal year 2008, and every 3 years thereafter, the
Statistics Commissioner shall publish the results of the
Schools and Staffing Survey (or any successor survey).''.
TITLE V--RETENTION: KEEPING OUR BEST TEACHERS IN THE CLASSROOM
SEC. 501. AMENDMENT TO THE ELEMENTARY AND SECONDARY EDUCATION
ACT OF 1965.
Part E of title II of the Elementary and Secondary
Education Act of 1965, as added by titles II, III, and IV of
this Act, is amended by adding at the end the following:
``Subpart 4--Retention and Working Conditions
``SEC. 2531. IMPROVING PROFESSIONAL DEVELOPMENT
OPPORTUNITIES.
``(a) Grants.--The Secretary may make grants to eligible
entities for the establishment and operation of new teacher
centers or the support of existing teacher centers.
``(b) Special Consideration.--In making grants under this
section, the Secretary shall give special consideration to
any application submitted by an eligible entity that is--
``(1) a high-need local educational agency; or
``(2) a consortium that includes at least one high-need
local educational agency.
``(c) Duration.--Each grant under this section shall be for
a period of 3 years.
``(d) Required Activities.--A teacher center receiving
assistance under this section shall carry out each of the
following activities:
``(1) Providing high-quality professional development to
teachers to assist them in improving their knowledge, skills,
and teaching practices in order to help students to improve
their achievement and meet State academic content standards.
``(2) Providing teachers with information on developments
in curricula, assessments, and educational research,
including the manner in which the research and data can be
used to improve teaching skills and practice.
``(3) Providing training and support for new teachers.
``(e) Permissible Activities.--A teacher center may use
assistance under this section for any of the following:
``(1) Assessing the professional development needs of the
teachers and other instructional school employees, such as
librarians, counselors, and paraprofessionals, to be served
by the center.
``(2) Providing intensive support to staff to improve
instruction in literacy, mathematics, science, and other
curricular areas necessary to provide a well-rounded
education to students.
``(3) Providing support to mentors working with new
teachers.
``(4) Providing training in effective instructional
services and classroom management strategies for mainstream
teachers serving students with disabilities and students with
limited English proficiency.
``(5) Enabling teachers to engage in study groups and other
collaborative activities and collegial interactions regarding
instruction.
``(6) Paying for release time and substitute teachers in
order to enable teachers to participate in the activities of
the teacher center.
``(7) Creating libraries of professional materials and
educational technology.
``(8) Providing high-quality professional development for
other instructional staff, such as paraprofessionals,
librarians, and counselors.
``(9) Assisting teachers to become highly qualified and
paraprofessionals to become teachers.
``(10) Assisting paraprofessionals to meet the requirements
of section 1119.
``(11) Developing curricula.
``(12) Incorporating additional on-line professional
development resources for participants.
``(13) Providing funding for individual- or group-initiated
classroom projects.
``(14) Developing partnerships with businesses and
community-based organizations.
``(15) Establishing a teacher center site.
``(f) Teacher Center Policy Board.--
``(1) In general.--A teacher center receiving assistance
under this section shall be operated under the supervision of
a teacher center policy board.
``(2) Membership.--
``(A) Teacher representatives.--The majority of the members
of a teacher center policy board shall be representatives of,
and selected by, the elementary and secondary school teachers
to be served by the teacher
[[Page S5750]]
center. Such representatives shall be selected through the
teacher organization, or if there is no teacher organization,
by the teachers directly.
``(B) Other representatives.--The members of a teacher
center policy board--
``(i) shall include at least two members who are
representative of, or designated by, the school board of the
local educational agency to be served by the teacher center;
``(ii) shall include at least one member who is a
representative of, and is designated by, the institutions of
higher education (with departments or schools of education)
located in the area; and
``(iii) may include paraprofessionals.
``(g) Application.--
``(1) In general.--To seek a grant under this section, an
eligible entity shall submit an application to the Secretary
at such time, in such manner, and accompanied by such
information as the Secretary may reasonably require.
``(2) Assurance of compliance.--An application under
paragraph (1) shall include an assurance that the applicant
will require any teacher center receiving assistance through
the grant to comply with the requirements of this section.
``(3) Teacher center policy board.--An application under
paragraph (1) shall include the following:
``(A) An assurance that--
``(i) the applicant has established a teacher center policy
board;
``(ii) the board participated fully in the preparation of
the application; and
``(iii) the board approved the application as submitted.
``(B) A description of the membership of the board and the
method of its selection.
``(h) Definitions.--In this section:
``(1) The term `eligible entity' means a local educational
agency or a consortium of 2 or more local educational
agencies.
``(2) The term `teacher center policy board' means a
teacher center policy board described in subsection (f).
``(i) Authorization of Appropriations.--To carry out this
section, there are authorized to be appropriated $100,000,000
for fiscal year 2008 and such sums as may be necessary for
each of the 5 succeeding fiscal years.''.
SEC. 502. EXCLUSION FROM GROSS INCOME OF COMPENSATION OF
TEACHERS AND PRINCIPALS IN CERTAIN HIGH-NEED
SCHOOLS OR TEACHING HIGH-NEED SUBJECTS.
(a) In General.--Part III of subchapter B of chapter 1 of
the Internal Revenue Code of 1986 is amended by inserting
after section 139A the following new section:
``SEC. 139B. COMPENSATION OF CERTAIN TEACHERS AND PRINCIPALS.
``(a) Teachers and Principals in High-Need Schools.--
``(1) In general.--In the case of an individual employed as
a teacher or principal in a high-need school during the
taxable year, gross income does not include so much
remuneration for such employment (which would but for this
paragraph be includible in gross income) as does not exceed
$15,000.
``(2) High-need school.--For purposes of this subsection,
the term `high-need school' means any public elementary
school or public secondary school eligible for assistance
under section 1114 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6314).
``(b) Teachers of High-Need Subjects.--
``(1) In general.--In the case of an individual employed as
a teacher of high-need subjects during the taxable year,
gross income does not include so much remuneration for such
employment (which would but for this paragraph be includible
in gross income) as does not exceed $15,000.
``(2) Teacher of high-need subjects.--For purposes of this
subsection, the term `teacher of high-need subjects' means
any teacher in a public elementary or secondary school who--
``(A)(i) teaches primarily 1 or more high-need subjects in
1 or more grades 9 through 12, or
``(ii) teaches 1 or more high-need subjects in 1 or more
grades kindergarten through 8,
``(B) received a baccalaureate or similar degree from an
eligible educational institution (as defined in section
25A(f)(2)) with a major in a high-need subject, and
``(C) is highly qualified (as defined in section 9101(23)
of the Elementary and Secondary Education Act of 1965).
``(3) High-need subjects.--For purposes of this subsection,
the term `high-need subject' means mathematics, science,
engineering, technology, special education, teaching English
language learners, or any other subject identified as a high-
need subject by the Secretary of Education for purposes of
this section.
``(c) Limitation on Total Remuneration Taken Into
Account.--In the case of any individual whose employment is
described in subsections (a)(1) and (b)(1), the total amount
of remuneration which may be taken into account with respect
to such employment under this section for the taxable year
shall not exceed $25,000.''.
(b) Clerical Amendment.--The table of section of such part
is amended by inserting after the item relating to section
139A the following new item:
``Sec. 139B. Compensation of certain teachers and principals''.
(c) Effective Date.--The amendments made by this section
shall apply to remuneration received in taxable years
beginning after the date of the enactment of this Act.
SEC. 503. ABOVE-THE-LINE DEDUCTION FOR CERTAIN EXPENSES OF
ELEMENTARY AND SECONDARY SCHOOL TEACHERS
INCREASED AND MADE PERMANENT.
(a) In General.--Subparagraph (D) of section 62(a)(2) of
the Internal Revenue Code of 1986 is amended by striking ``In
the case of'' and all that follows through ``$250'' and
inserting ``The deductions allowed by section 162 which
consist of expenses, not in excess of $500''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after the date of the
enactment of this Act.
TITLE VI--MISCELLANEOUS PROVISIONS
SEC. 601. CONFORMING AMENDMENTS.
The table of contents at section 2 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is
amended--
(1) by inserting after the items relating to part D of
title II of such Act the following new items:
``PART E--Teacher Excellence for All Children
``Sec. 2500. Definitions.
``SUBPART 1--Distribution
``Sec. 2501. Premium pay; loan repayment.
``Sec. 2502. Career ladders for teachers program.
``SUBPART 2--Preparation
``Sec. 2511. Establishing state-of-the-art teacher induction programs.
``Sec. 2512. Peer mentoring and review programs.
``Sec. 2513. Establishing state-of-the-art principal training and
induction programs and performance-based principal
certification.
``Sec. 2514. Study on developing a portable performance-based teacher
assessment.
``SUBPART 3--21st Century Data, Tools, and Assessments
``Sec. 2521. Developing value-added data systems.
``SUBPART 4--Retention and Working Conditions
``Sec. 2531. Improving professional development opportunities.''; and
(2) by inserting after the items relating to subpart 2 of
part E of title IX of the Elementary and Secondary Education
Act of 1965 the following new item:
``Sec. 9537. Assurance of reasonable progress toward equitable access
to teacher quality.''.
____________________