[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.''.

                          ____________________