[Congressional Record Volume 153, Number 99 (Tuesday, June 19, 2007)]
[Senate]
[Pages S7890-S7907]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. FEINGOLD (for himself and Mr. Casey):
S. 1649. A bill to provide for 2 programs to authorize the use of
leave by caregivers for family members of certain individuals
performing military service, and for other purposes; to the Committee
on Homeland Security and Governmental Affairs.
Mr. FEINGOLD. Mr. President, today I introduce legislation that
should, and could, have been law 1 year ago, the Military Family
Support Act. This bill provides modest but significant relief for the
families of the brave American soldiers deployed overseas. I was
disappointed that, after passing the Senate last year as an amendment
to the fiscal year 2007 Defense Department authorization bill, this
provision was removed in conference. I am pleased to be joined in this
effort by Senator Casey.
As part of the predeployment process, military personnel with
dependent children or other dependent family members designate a
caregiver for their dependents. Dependents may be children, elderly
parents, an ill sibling; anyone who requires care. These caregivers act
in the deployed personnel's place to provide care during the period of
deployment. The caregiver could be a spouse, parent, sibling, or other
responsible adult who is capable of caring, and willing to care, for
the dependents in question.
The bill that I am introducing today, the Military Family Support
Act, would create two programs to provide additional leave options for
persons who have been designated as caregivers. The bill would require
the Office of Personnel Management, OPM, to create a program under
which Federal employees who are designated as caregivers could use
accrued annual or sick leave, leave bank benefits, and other leave
available to them under title 5 for purposes directly relating to or
resulting from their designation as a caregiver.
The second program would be administered by the Department of Labor
for private sector employees. The Department would create a voluntary
program, allowing private sector companies to create similar programs
for their employees. Many companies across the country are already
working with employees to provide support when an employee or a family
member of an employee is called to active duty. I commend these
companies for their compassion and understanding, and I hope that this
program would expand such options to more workers.
Lastly, this bill would require a report from the Government
Accountability Office evaluating both the OPM and voluntary private
sector program. If the report demonstrates that the program has helped
military families, which I believe it will, Congress may act to expand
the programs or make them permanent.
I want to be clear that the legislation I am introducing today
specifically exempts Family Medical Leave Act leave from the types of
leave that can be used by designated caregivers under this legislation.
Last Congress, I introduced legislation to expand the FMLA to cover
leave for designated caregivers. That legislation, however, met with
opposition from some Members who object to the FMLA itself. While I
continue to believe that this opposition is misguided and that family
members of deployed servicemembers should be able to take leave under
the FMLA, I have drafted this compromise measure to address those
concerns.
This legislation has been endorsed by the National Military Family
Association, the National Partnership for Women and Families, and the
Military Officers Association of America.
In small towns and big cities all over this country, family members
of deployed servicemembers are struggling to care for their children
without their spouses' help. In addition, many servicemembers care for
elderly parents and this responsibility often falls to a sibling or
spouse when that servicemember is deployed abroad. While we may not be
able to promise the safe return of each one of these brave men and
women, we can provide this modest relief to their families here at
home. I urge my colleagues to support this legislation and I yield the
floor.
I ask unanimous consent that the text of the 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. 1649
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 ``Military Family Support Act
of 2007''.
SEC. 2. PROGRAMS FOR USE OF LEAVE BY CAREGIVERS FOR FAMILY
MEMBERS OF INDIVIDUALS PERFORMING CERTAIN
MILITARY SERVICE.
(a) Federal Employees Program.--
(1) Definitions.--In this subsection:
(A) Caregiver.--The term ``caregiver'' means an individual
who--
(i) is an employee;
(ii) is at least 21 years of age; and
(iii) is capable of self care and care of children or other
dependent family members of a qualified member of the Armed
Forces.
(B) Covered period of service.--The term ``covered period
of service'' means any period of service performed by an
employee as a caregiver while the individual who designated
the caregiver under paragraph (3) remains a qualified member
of the Armed Forces.
[[Page S7891]]
(C) Employee.--The term ``employee'' has the meaning given
under section 6331 of title 5, United States Code.
(D) Family member.--The term ``family member'' includes--
(i) individuals for whom the qualified member of the Armed
Forces provides medical, financial, and logistical support
(such as housing, food, clothing, or transportation); and
(ii) children under the age of 19 years, elderly adults,
persons with disabilities, and other persons who are unable
to care for themselves in the absence of the qualified member
of the Armed Forces.
(E) Qualified member of the armed forces.--The term
``qualified member of the Armed Forces'' means--
(i) a member of a reserve component of the Armed Forces as
described under section 10101 of title 10, United States
Code, who has received notice to report to, or is serving on,
active duty in the Armed Forces in support of a contingency
operation as defined under section 101(a)(13) of title 10,
United States Code; or
(ii) a member of the Armed Forces on active duty who is
eligible for hostile fire or imminent danger special pay
under section 310 of title 37, United States Code.
(2) Establishment of program.--The Office of Personnel
Management shall establish a program to authorize a caregiver
to--
(A) use any sick leave of that caregiver during a covered
period of service in the same manner and to the same extent
as annual leave is used; and
(B) use any leave available to that caregiver under
subchapter III or IV of chapter 63 of title 5, United States
Code, during a covered period of service as though that
covered period of service is a medical emergency.
(3) Designation of caregiver.--
(A) In general.--A qualified member of the Armed Forces
shall submit a written designation of the individual who is
the caregiver for any family member of that member of the
Armed Forces during a covered period of service to the
employing agency and the Office of Personnel Management.
(B) Designation of spouse.--Notwithstanding paragraph
(1)(A)(ii), an individual less than 21 years of age may be
designated as a caregiver if that individual is the spouse of
the qualified member of the Armed Forces making the
designation.
(4) Use of caregiver leave.--Leave may only be used under
this subsection for purposes directly relating to, or
resulting from, the designation of an employee as a
caregiver.
(5) Regulations.--Not later than 120 days after the date of
enactment of this Act, the Office of Personnel Management
shall prescribe regulations to carry out this subsection.
(6) Termination.--The program under this subsection shall
terminate on December 31, 2012.
(b) Voluntary Private Sector Leave Program.--
(1) Definitions.--
(A) Caregiver.--The term ``caregiver'' means an individual
who--
(i) is an employee;
(ii) is at least 21 years of age; and
(iii) is capable of self care and care of children or other
dependent family members of a qualified member of the Armed
Forces.
(B) Covered period of service.--The term ``covered period
of service'' means any period of service performed by an
employee as a caregiver while the individual who designated
the caregiver under paragraph (4) remains a qualified member
of the Armed Forces.
(C) Employee.--The term ``employee'' means an employee of a
business entity participating in the program under this
subsection.
(D) Family member.--The term ``family member'' includes--
(i) individuals for whom the qualified member of the Armed
Forces provides medical, financial, and logistical support
(such as housing, food, clothing, or transportation); and
(ii) children under the age of 19 years, elderly adults,
persons with disabilities, and other persons who are unable
to care for themselves in the absence of the qualified member
of the Armed Forces.
(E) Qualified member of the armed forces.--The term
``qualified member of the Armed Forces'' means--
(i) a member of a reserve component of the Armed Forces as
described under section 10101 of title 10, United States
Code, who has received notice to report to, or is serving on,
active duty in the Armed Forces in support of a contingency
operation as defined under section 101(a)(13) of title 10,
United States Code; or
(ii) a member of the Armed Forces on active duty who is
eligible for hostile fire or imminent danger special pay
under section 310 of title 37, United States Code.
(2) Establishment of program.--
(A) In general.--The Secretary of Labor shall establish a
program to authorize employees of business entities described
under paragraph (3) to use sick leave, or any other leave
available to an employee, during a covered period of service
in the same manner and to the same extent as annual leave (or
its equivalent) is used.
(B) Exception.--Subparagraph (A) shall not apply to leave
made available under the Family and Medical Leave Act of 1993
(29 U.S.C. 2601 et seq.).
(3) Voluntary business participation.--The Secretary of
Labor shall solicit business entities to voluntarily
participate in the program under this subsection.
(4) Designation of caregiver.--
(A) In general.--A qualified member of the Armed Forces
shall submit a written designation of the individual who is
the caregiver for any family member of that member of the
Armed Forces during a covered period of service to the
employing business entity.
(B) Designation of spouse.--Notwithstanding paragraph
(1)(A)(ii), an individual less than 21 years of age may be
designated as a caregiver if that individual is the spouse of
the qualified member of the Armed Forces making the
designation.
(5) Use of caregiver leave.--Leave may only be used under
this subsection for purposes directly relating to, or
resulting from, the designation of an employee as a
caregiver.
(6) Regulations.--Not later than 120 days after the date of
enactment of this Act, the Secretary of Labor shall prescribe
regulations to carry out this subsection.
(7) Termination.--The program under this subsection shall
terminate on December 31, 2012.
(c) GAO Report.--Not later than June 30, 2010, the
Government Accountability Office shall submit a report to
Congress on the programs under subsections (a) and (b) that
includes--
(1) an evaluation of the success of each program; and
(2) recommendations for the continuance or termination of
each program.
(d) Offset.--The aggregate amount authorized to be
appropriated for fiscal year 2008 for the use of the
Department of Defense for research, development, test and
evaluation shall be reduced by $2,000,000.
____
National Military Family
Association, Inc.,
Alexandria, VA, June 14, 2007.
Hon. Russ Feingold,
U.S. Senate,
Washington, DC.
Dear Senator Feingold: The National Military Family
Association (NMFA) is the only national organization whose
sole focus is the military family and whose goal is to
influence the development and implementation of policies that
will improve the lives of the families of the Army, Navy, Air
Force, Marine Corps, Coast Guard, and the Commissioned Corps
of the Public Health Service and the National Oceanic and
Atmospheric Administration. For more than 35 years, its staff
and volunteers, comprised mostly of military family members,
have built a reputation for being the leading experts on
military family issues.
On behalf of NMFA and the families it serves, we commend
you on your leadership in sponsoring the ``Military Family
Support Act of 2007''. Authorizing federal employees who have
been designated ``caregivers'' by the Armed Forces to use
their previously earned leave time in a more flexible manner
helps to alleviate some of the stress caregivers experience
during a deployment. NMFA also applauds the inclusion of a
provision that instructs the Department of Labor to solicit
private businesses to voluntarily offer more accommodating
leave time to employees affected by a service member's
deployment overseas.
NMFA has heard from many families about the difficulty of
balancing family obligations with job requirements when a
close family member is deployed. Suddenly, they are single
parents or, in the case of grandparents, assuming the new
responsibility of caring for grandchildren. The days leading
up to a deployment can be filled with pre-deployment
briefings and putting legal affairs in order. Families also
need the opportunity to spend precious time together prior to
a long separation. The need is no less when the service
member returns. Reintegration and transition requires
training not only for the service member but for the family
as well in order to be most effective.
Military families, especially those of deployed service
members, are called upon to make extraordinary sacrifices.
This amendment offers families some breathing room as they
adjust to this time of separation.
Thank you for your support and interest in military
families. If NMFA can be of any assistance to you in other
areas concerning military families, please contact Jessica
Perdew in the Government Relations Department at 703-931-6632
or by e-mail at
[email protected].
Sincerely,
Tanna K. Schmidli,
Chairman, Board of Governors.
____
National Partnership
for Women & Families,
Washington, DC, June 15, 2007.
Senator Feingold
Hart Office Building,
Washington, DC.
Dear Senator Feingold: We are writing to express our
support of the Military Family Support of 2007. This
important legislation would allow federal employees to take
job-protected leave to address family caregiving needs caused
by the deployment of a family member and would authorize a
similar voluntary project for the private sector to be
administered by the Department of Labor. We applaud your
leadership on this issue.
The National Partnership for Women & Families is a non-
profit, non-partisan advocacy organization dedicated to
promoting fairness in the workplace, access to quality
[[Page S7892]]
health care and policies that help women and men meet the
demands of work and family. We are proud to have led the
coalition that helped enact the Family and Medical Leave Act
(FMLA), which has helped over 60 million workers take time
off from work to welcome a new child or deal with an acute
medical need.
But there is more to be done to support America's families,
including the 40 percent of workers who today cannot access
the FMLA. This legislation will close a critical gap in the
FMLA by addressing the specific needs of families with active
military members, and could not come at a more critical time
in the lives of our military families. Its passage will give
them time to prepare, logistically and mentally, before or
during a loved one's departure for active duty--without fear
of losing a much needed job.
We thank you for supporting our troops by helping to ensure
their families are cared for in times of need.
Sincerely,
Debra L. Ness,
President.
______
By Mr. KENNEDY (for himself, Mr. Smith, Mr. Biden, Mr. Hagel, Mr.
Leahy, Mr. Levin, and Mr. Lieberman):
S. 1651. A bill to assist certain Iraqis who have worked directly
with, or are threatened by their association with, the United States,
and for other purposes; to the Committee on the Judiciary.
Mr. KENNEDY. Mr. President, because of the war in Iraq, more than 2
million Iraqis have been internally displaced in their own country, and
2 million other Iraqis are in neighboring countries throughout the
region, primarily Jordan and Syria.
The humanitarian needs of the refugees and internally displaced
Iraqis are immense. If their needs are not quickly and adequately met,
these populations could become a fertile recruiting ground for
terrorists.
Iraqi refugees are also a significant financial burden on countries
in the region. As the Iraq Study Group concluded, if the refugee crisis
``is not addressed, Iraq and the region could be further
destabilized.''
Many Iraqis who have worked in critical positions in direct support
of the U.S. Government in Iraq have been killed or injured in reprisals
for their support of our effort. Many more Iraqis associated with the
United States have fled their country in fear of being killed or
injured.
Clearly, we cannot resettle all of Iraq's refugees in the United
States, but we have a fundamental obligation to help the vast number of
Iraqis displaced in Iraq and throughout the region by the war and the
associated chaos, especially those who have supported America's efforts
in Iraq.
In April 2007, Assistant Secretary of State Ellen Sauerbray said the
United States ``could resettle up to 25,000 Iraqi refugees this year.''
In May 2007, Under Secretary Paula Dobriansky said, ``We are committed
to honoring our moral debt to those Iraqis who have provided assistance
to the United States military and embassy.'' On June 8, Secretary Rice
said ``the people that I'm most worried about in the near term are the
people who've worked with us who might be subject to recrimination and
reprisal. And we're trying to step up our efforts on their behalf.''
It is essential for the United States to develop a comprehensive and
effective approach to meet the rapidly growing needs of Iraq's refugees
and internally displaced persons, especially those who are associated
with the United States.
The legislation I am introducing today with Senators Smith, Biden,
Hagel, Leahy, Levin, and Lieberman seeks to accomplish these goals.
First, the legislation would create a special category of applicants
for refugee status in Iraq. Those eligible for this program, a P-2
category for refugees of special humanitarian concern, would be the
Iraqis most closely associated with the United States. Iraqis who
qualify would be those, 1. who have been employed by or worked directly
with the U.S. Government in Iraq; or, 2. who were employed in Iraq by a
media or nongovernmental organization based in the United States or by
an organization or entity that has received a grant from, or entered
into a cooperative agreement or contract with, the U.S. Government; or,
3. who are spouses, children, sons, daughters, siblings and parents of
those who worked for or with us; or, 4. who are members of religious or
minority communities and have close family members in the U.S.
Those eligible would not have to be referred to our Government by the
United Nations High Commissioner for Refugees or a U.S. Embassy. All
applicants, however, would need to demonstrate a well-founded fear of
persecution. Applicants would be required to go through recently
approved extensive security screening.
P-2 visas for these refugees would come out of the overall authorized
admissions number for the refugee program, currently established at
70,000. That figure is determined every year by the President in close
consultation with the Congress.
In addition to the new P-2 category of refugee applications, the
legislation would expand the current U.S. Government program which
provides special immigrant visas only to Iraqi and Afghan translators
and interpreters. Those eligible for the expanded special immigrant
visa program are Iraqis who have been employed by or worked directly
with the United States for 1 year in the aggregate since 2003, and need
not have served as a translator or interpreter for the military or
Department of State.
Applicants for SIV visas would not need to demonstrate a well-founded
fear of persecution, but they would need to meet security requirements,
demonstrate that they provided faithful service to our Government, and
provide a recommendation or evaluation. The Secretary of State would be
required to provide applicants with protection or immediate removal
from Iraq if they are in immediate danger. Five thousand of these visas
would be available yearly for 5 years.
Importantly, our legislation requires the Secretary of State to
establish a program for processing P-2 refugees and SIV applicants in
Iraq and in countries in the region. The Secretary would be required to
report to the Congress within 60 days on plans to establish this
program. Currently, there is no mechanism for applying for refugee
status in Iraq. Those fleeing persecution and seeking refugee status
must find their way to Jordan or Syria, locate an official from the
United Nations High Commissioner for Refugees, and then be referred to
the U.S. Government by the United Nations. Because of the growing
violence and risk for those associated with the United States, we need
to find a way to address this problem for Iraqis inside Iraq. Our bill
does not eliminate the referral system through the United Nations, or
any other existing system, but it does create an essential mechanism
for direct applications in country.
To oversee the implementation of this new program, the Secretary of
State would be required to establish in the Embassy in Baghdad a
Minister Counselor for Refugees and Internally Displaced Persons. This
senior official would be responsible for overseeing the in-country
processing of P-2 refugee and special immigrant visa applicants, and
would have authority to refer them directly to the U.S. refugee
resettlement program.
A parallel position would be created in the American embassies in
Egypt, Jordan, Lebanon, and Syria to oversee the application process of
P-2 refugees of special humanitarian concern. SIV applicants would work
through regular consular channels in embassies in those countries.
Recognizing that the United States can only resettle a small number
of the most vulnerable refugees within our borders, the Secretary of
State would be required to consult with other countries about
resettlement of refugee populations, develop mechanisms in countries
with significant populations of displaced Iraqis to ensure the
refugees' well-being and safety, and provide assistance to the
countries in doing so.
In addition, the legislation would allow Iraqis denied asylum after
March 2003 based on changed conditions to file a new petition with an
immigration judge to reopen their cases. Those denied asylum, for
example, on the grounds that Saddam Hussein is no longer in power and
the United States is committed to building democracy in Iraq should be
permitted to make their case again before a judge.
After 90 days, and annually thereafter, the President would be
required to submit an unclassified report to
[[Page S7893]]
Congress with a classified annex if necessary, assessing the financial,
security, personnel, considerations and resources necessary to
establish the programs required in the act. After 90 days, the
Secretary of Homeland Security would be required to submit a report to
Congress outlining plans to expedite processing of Iraqi refugees,
including a temporary expansion of the Refugee Corps, and plans to
enhance existing systems for conducting background and security checks
for Iraqis applying through the program.
More than 5 years ago, Arthur Helton, perhaps this country's
staunchest advocate for the rights of refugees wrote, ``Refugees matter
. . . for a wide variety of reasons . . . Refugees are a product of
humanity's worst instincts--the willingness of some persons to oppress
others--as well as some of its best instincts--the willingness of many
to assist and protect the helpless . . . In personal terms, we care
about refugees because of the seed of fear that lurks in all of us that
can be stated so simply: it could be me.''
A year later, Arthur Helton gave his life for his beliefs. He was
killed in Baghdad in 2003 while meeting with U.N. Special Envoy Sergio
Vieira de Mello when a bomb destroyed the U.N. headquarters in Iraq.
But his words resonate today, especially when we consider the very
human cost of the war in Iraq, and its tragic effect on the millions of
Iraqis, men, women, and children, who have fled their homes and their
country to escape the violence of a nation at war with itself.
America has a special obligation to keep faith with the Iraqis who
now have a bulls-eye on their back because of their association with
our Government.
At a hearing in the Senate Judiciary Committee in January, chilling
testimony was presented about the dangers Iraqis face because of their
association with America.
One Iraqi, Sami, was a translator for U.S. and Coalition forces and
who now lives in the United States. He said, ``I too, have been
targeted for my death. My name was listed on the doors of several
mosques calling for my death. Supposed friends of mine saw my name on
the list and turned on me because they believed I was traitor . . . In
June 2006, I learned that I had been granted special status. As a
result, today I live free from the fear of persecution and threats to
my life that I faced on a daily basis in Iraq. My hope is that all
brave Iraqis who worked and braved so much will have the same chance as
I have had to live in freedom.''
Another Iraqi, John, worked as a water service man for U.S. troops.
He said, ``My wife, my six children and myself fled Iraq after
terrorist groups targeted me and my family because I aided the
Americans by supplying water to their service camps.''
Ken Bacon, president of Refugees International, summed it up well
when he said, ``There is a large group of Iraqis who have risked their
lives to support the United States . . . people are sacrificing their
lives to help the United States.''
The legislation has been endorsed by organizations including Refugees
International, Refugee Council USA which encompasses Amnesty
International USA, Arab-American and Chaldean Council, Chaldean
Federation of America, Church World Service/Immigration and Refugee
Program, Episcopal Migration Ministries, Hebrew Immigrant Aid Society,
Human Rights First, International Rescue Committee, Jesuit Refugee
Service/USA, Jubilee Campaign USA, Lutheran Immigration and Refugee
Services, Migration & Refugee Services/United States Conference of
Catholic Bishops, Southeast Asia Resource Action Center, U.S. Committee
for Refugees and Immigrants, Women's Commission for Refugee Women and
Children, and WorId Relief, the International Rescue Committee, and the
PEN American center.
I urge my colleagues to support this legislation in order to keep the
faith with those many brave Iraqis whose lives are in jeopardy because
of their association with our forces in Iraq.
I ask unanimous consent that the letters of suport be printed in the
Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
Refugee Council USA,
Washington, DC, June 13, 2007.
Hon. Edward M. Kennedy,
U.S. Senate, Russell Senate Office Building,
Washington, DC.
Dear Senator Kennedy: On behalf of a diverse coalition of
human rights, faith-based and refugee advocacy organizations
around the country, we write to express our support for your
legislation addressing the Iraqi refugee crisis unfolding in
the Middle East Region.
As you know over two million refugees from Iraq are
struggling to survive ound the region, and an additional two
million are displaced within the country. Forced to flee
because they practice a disfavored religion, were born into a
marginalized minority, or agreed to work in support of the
U.S. government, many of these refugees have no access to
housing, health care or education. Although many of the
refugees had temporary permission to remain in Jordan or
Syria, they have now overstayed their visas to avoid
desperate conditions back in Iraq. These refugees live in
constant fear of being forcibly returned to Iraq, where they
face death threats and further persecution. Many have already
lost spouses, children and siblings to kidnappings and
executions.
Although aware of this crisis, the United States has thus
far failed to take the meaningful steps necessary to provide
protection to these refugees and internally displaced
persons. Your legislation is a welcome step in addressing the
pressing protection needs of Iraqis.
Of particular concern to the United States are the men,
women and children who face targeted persecution from
insurgents due to their association with U.S. coalition
forces--individuals who served as translators, drivers,
doctors, and other contractors and employees of the United
States, U.S. allies, and international NGOs serving in the
region. The United States has a responsibility to provide
protection for individuals who have put their lives on the
line for the United States and who are consequently facing
persecution due to this association. Your legislation commits
the U.S. government to provide support and protection to
Iraqi refugees and internally displaced persons in the
rygion. In doing so it recognizes our nation's longstanding
tradition of extending protection to people who are targeted
because of their political opinions, ethnicity, or religion,
among other reasons. As a result, we stand in support of this
important effort.
Sincerely,
C. Richard Parkins,
Chair, Refugee Council USA.
On behalf of the following organizations:
Sarnata Reynolds, Refugee Program Director, Amnesty
International USA.
Radwan Khoury, Executive Director and COO, Arab-American
and Chaldean Council.
Joseph Kassab, Executive Director, Chaldean Federation of
America.
Joseph Roberson, Director, Church World Service/lmmigration
and Refugee Program.
C. Richard Parkins, Director, Episcopal Migration
Ministries.
Tsehaye Teferra, President, Ethiopian Community Development
Council.
Gideon Aronoff, President & CEO, Hebrew Immigrant Aid
Society (HIAS).
Elisa Massimino, Washington Director, Human Rights First.
Robert Carey, Vice President, Resettlement, International
Rescue Committee.
Fr. Kenneth Gavin, S.J., National Director, Jesuit Refugee
Service/USA
Ann Buwalda, Executive Director, Jubilee Campaign USA.
Ralston H. Deffenbaugh, Jr., President, Lutheran
Immigration and Refugee Service.
Mark Franken, Executive Director, Migration & Refugee
Services/United States Conference of Catholic Bishops.
Doua Thor, Executive Director, Southeast Asia Resource
Action Center.
Lavinia Limon, President & CEO, U.S. Committee for Refugees
and Immigrants.
Carolyn Makinson, Executive Director, Women's Commission
for Refugee Women and Children.
Stephan Bauman, Senior Vice President, Programs World
Relief.
____
June 8, 2007.
Senator Edward M. Kennedy,
Russell Senate Office Building,
Washington, DC.
Dear Senator Kennedy, I am writing to endorse your
legislation to address the rapidly escalating crisis of Iraqi
refugees and internally displaced persons (IDPs). We applaud
your bold effort to provide a comprehensive framework to meet
the growing needs of Iraq's two million internally displaced
and the two million refugees in the region.
Refugees International believes that the United States has
a special obligation to Iraqi refugees. This is the fastest
growing refugee crisis in the world, and your legislation
will bring greatly needed change in American policy, which
has been too slow in its response to this humanitarian
crisis. Currently, the Office of the United Nations High
Commissioner for Refugees (UNHCR) estimates that near two
million Iraqis have fled their homes and moved to other parts
of Iraq to escape sectarian conflict, political reprisals and
the insecurity that is increasingly prevalent in south and
central Iraq. In addition, UNHCR estimates that another 2.2
million Iraqis have left the country to find refuge
throughout the Middle East.
While Syria and Jordan have been generous to refugees and
deserve international
[[Page S7894]]
recognition for accepting them in large numbers, the burdens
of the large refugee population are an increasing strain on
their societies and economies. It is clear that the rapidly
escalating refugee and IDP populations are not only grave
humanitarian concern, but also a security concern for the
region. The Iraq Study Group. among others, highlighted the
destabilizing effect the escalating refugee crisis may have,
and called upon the United States to take the lead in
providing assistance to the refugees.
Your legislation is a greatly needed effort to address this
crisis and ensure that the United States take the lead in
accepting responsibility for providing safety and security
for greater numbers of Iraqi refugees and IDPs. It is
abundantly clear that we need to create a P-2 category for
Iraqis closely associated with our effort in Iraq. Likewise,
the expansion of the Special Immigrant Visa program keeps
faith with those who have worked most closely with our
government. The bill's requirement for in country processing
of refugees is absolutely essential to enable persons with
credible fears of persecution to more effectively and
expeditiously begin the process of seeking refugee status in
Iraq.
Refugees International is presently conducting its third
mission to Iraq and the region since last November and has
found that the refugees are increasingly dispirited and
desperate for assistance. We will strongly encourage the
Senate to approve your legislation as an essential step to
address this growing crisis and allow the U.S. to fulfill its
share of the responsibility for assistance and protection for
Iraqi refugees.
Sincerely,
Ken H. Bacon,
President.
____
International Rescue Committee,
New York, NY, June 6, 2007.
Hon. Edward M. Kennedy,
Russell Senate Office Building,
Washington, DC.
Dear Ted: On behalf of the International Rescue Committee
(IRC). I write in support of the legislation you are
introducing today to address the critical issue of Iraqi
refugees and internally displaced persons.
As you know, the Iraqi refugee crisis represents the
greatest displacement of people in the Middle East in nearly
60 years, with more than two million Iraqis living as
refugees in neighboring countries and another two million
internally displaced within their own borders. To date, the
U.S. response has failed to reflect the magnitude of the
crisis.
As both an international aid organization and a U.S.
refugee resettlement agency, the IRC has long advocated for a
comprehensive U.S. response to the Iraqi refugee crisis that
addresses the essential components of humanitarian
assistance, protection in the region, and the admission to
the U.S. of vulnerable Iraqis. Your legislation takes such a
comprehensive approach.
We believe strongly in a humanitarian aid package that
addresses the shelter, health, nutrition, education, and
general protection needs of both the refugees and the
internally displaced. We also support increased opportunities
for the admission to the United States of Iraqis at risk
because of association with Americans or because they are
from religious, ethnic, minority, or other communities at
special risk. While admission to the United States as
refugees or special immigrants will be available to only a
small fraction of vulnerable Iraqis, these options will save
lives and will help convince host countries to keep their
doors open.
We thank you for your continued leadership in U.S. refugee
protection, and we look forward to working with you to help
ensure the enactment of this critical legislation.
Sincerely,
George Rupp.
____
PEN American Center,
June 11, 2007.
Senator Edward Kennedy,
Russell Senate Office Building,
Washington, DC.
Dear Senator Kennedy, We are writing on behalf of the 3,400
members of PEN American Center to express our continuing
gratitude for your efforts to address the Iraqi refugee
crisis, and to offer our strong support for the Refugee
Crisis in Iraq Act.
PEN American Center is the largest of 144 centers of
International PEN, the worldwide association of writers that
strives to protect writers and freedom of expression and
promote the free exchange of literature and ideas around the
globe. In keeping with this mission, for nearly two years PEN
has been working to resettle Iraqi translators, journalists,
and writers who have been targeted for death and forced into
hiding in Iraq or neighboring countries for their efforts
build a safe, free, and open society in Iraq. Thanks largely
to our colleagues at Norwegian PEN, a handful of these men
and women and their families have found safe havens in
northern Europe. But to date, despite the extreme sacrifices
so many Iraqis made to help Americans navigate the political
and social realities of their country and encourage their
fellow citizens to reject violence and extremism and support
a pluralistic Iraq, we have not yet successfully assisted a
single one of our colleagues in reaching the United States.
In recent months, as the world has come to recognize the
magnitude of the refugee crisis in Iraq, the United States
government has taken some important steps to open the way for
a limited number of Iraqi refugees to be resettled in this
country. With assistance from the U.S. Department of State, a
small number of those on whose behalf PEN has been working
have been screened by the United Nations High Commission for
Refugees in Syria and referred to the United States for
resettlement. But the process is complicated, protracted, and
at times hostile. Forbidden from working in Syria, they have
exhausted their financial resources long before the process
will be completed, and those who had the closest associations
with Coalition Forces and U.S. contractors have found that
the stigma of ``collaborators'' has followed them across the
border. Even so, these are the extremely fortunate few. No
avenue whatsoever exists for their counterparts still in Iraq
to seek refugee resettlement or relief. Even translators who
served honorably as interpreters for U.S. forces, sustained
serious combat wounds, survived assassination attempts, and
live in constant fear they will be recognized and killed have
no access to refugee processing inside Iraq.
The Refugee Crisis in Iraq Act directly addresses several
of these glaring inadequacies in our country's current
approach to the Iraqi refugee crisis. Taking particular note
of the United States' obligation to those who worked with and
are therefore endangered by their association with U.S.-based
organizations and institutions, it significantly expands the
numbers of Iraqis to be resettled in the United States and
creates direct, efficient mechanisms for Iraqis to petition
for resettlement. It expands and streamlines the Special
Immigrant visa program for Iraqi and Afghan translators and
interpreters, and creates a new P-2 visa category for Iraqi
refugees of special humanitarian concern, a category that
includes Iraqi writers, journalists, and media workers who
worked with and for U.S.-based media organizations in Iraq.
Perhaps most significantly, it requires the United States to
establish direct visa processing outside the UNHCR system in
neighboring countries and, for the first time, inside Iraq.
We strongly support these proposals.
How history views the United States' intervention in Iraq
will be colored in part by how we respond to the needs of
those who took great risks to try to build a new Iraq and who
fear for their lives as a result. PEN is grateful for your
leadership in pressing the United States to act on its
responsibilities to the growing number of Iraqi refugees, and
we are honored to endorse this important legislation.
Sincerely,
Francine Prose,
President.
Larry Siems,
Director,
____
Human Rights First
June 14, 2007.
Hon. Edward M. Kennedy,
Russell Senate Office Building,
Washington, DC.
Dear Senator Kennedy: I write to express Human Rights
First's support of your bipartisan legislation, ``The Refugee
Crisis in Iraq Act.'' By extending a lifeline to some of
Iraq's most vulnerable refugees and displaced people, your
bill would begin to fulfill the moral obligation of the
United States to protect Iraqi refugees and provide critical
assistance to countries that are already sheltering so many
Iraqis in the region. We urge swift passage of this important
legislation.
Historically, the United States has led the world in
efforts to protect and resettle vulnerable refugees,
admitting more than 2.6 million refugees since 1975. In the
closing days of the Vietnam War, the United States airlifted
more than 131,000 Vietnamese whose close ties to the U.S.
effort put them at risk of persecution. In 1999, the United
States resettled 14,000 Kosovars whose ethnicity made them
vulnerable to persecution.
The United States is justifiably proud of this strong
tradition of providing refuge to the persecuted and
assistance to those displaced by war. Yet the
administration's response to the Iraqi refugee situation
fails utterly to match the scale and urgency of the current
crisis. As we mark World Refugee Day next week, the United
States will have resettled only 272 Iraqi refugees here since
2006.
This must change. Since 2003, more than 2.2 million Iraqis
have fled violence and persecution in their homeland. Many
have been targeted because of their work for the United
States or with U.S. organizations. Others have been targeted
because of their ethnicity or religion. Those who have fled
to Jordan and Syria are living in dire conditions. Many are
at risk of exploitation, detention, and deportation. They
lack access to medical treatment, education for their
children, food, and a means of supporting their families. As
this crisis grows, the protection of refugees, the
institution of asylum, and the stability of the region are
all at risk.
With every day, the situation of Iraqi refugees in the
region and of those displaced inside Iraq grows more urgent.
It is past time for the United States to lead the
international community in addressing this crisis in a
comprehensive manner. The United States should begin by
swiftly providing safe haven to those at risk because of
their work with the United States or with U.S. organizations.
In addition, the United States should create an ambitious and
aggressive resettlement program to take in other refugees who
have been forced to flee from Iraq. Finally, the United
States must significantly increase aid to countries in the
region that now play host to millions of refugees, in
[[Page S7895]]
order to ensure adequate care for these refugees and to
encourage these neighboring countries to continue to provide
asylum to those who flee in search of refuge.
We believe the United States has a moral obligation to
provide a meaningful solution to the Iraqi refugee crisis.
Your bill is a vital step towards addressing this growing and
complex crisis. As always, we are grateful for your
leadership on this issue, and we look forward to working with
you to ensure swift passage of this important legislation.
Sincerely,
Elisa Massimino,
Director of the Washington, DC, Office.
Mr. LEAHY. Mr. President, I am pleased to join Senators Kennedy,
Smith, Levin, Hagel, Biden, and Lieberman to introduce this important
legislation. In January of this year, the Judiciary Committee held a
hearing to examine the plight of Iraq's refugees, during which we heard
from the State Department, the United Nations High Commissioner for
Refugees, nongovernmental organizations and individuals, and Iraqi
citizens who had been targeted for assisting the United States. This
hearing brought the enormity of the Iraq refugee situation into sharp
focus and made clear that we must do more to address this crisis and
provide assistance especially to those Iraqis who have assisted the
United States with its mission. If enacted, this bill would help the
United States fulfill the promises it has made to the people of Iraq.
In February of this year, the Bush administration announced that
7,000 Iraqi refugees would be permitted to enter the United States in
2007. Over the last 8 months, however, only 70 Iraqis have been allowed
into the United States as refugees. Each year there are 20,000
unallocated slots for refugees that could be applied to Iraq, and an
additional 5,000 for the Middle East. Yet the Department of Homeland
Security has admitted approximately 700 Iraqis since the war began in
2003. We have an obligation to do better than this when an estimated 4
million Iraqis have been displaced within Iraq or have fled the country
due to our involvement there. And we have a special obligation to do
all we can for those Iraqis who have made tremendous sacrifices on
behalf of the United States and who continue to live under the threat
of torture and death.
Refugees International has called the Iraq refugee crisis the fastest
growing refugee crisis in the world. It is estimated that nearly 2
million Iraqis have been internally displaced, while another 2 million
have fled the country, with little more than they could carry. With
this bill, we show our commitment not to repeat the tragic and immoral
mistake from the Vietnam era and leave friends without refuge and
subject to violent reprisals.
The United States has an obligation to the people of Iraq, and
especially to those who have assisted the American military in its
efforts there. When an Iraqi man or woman makes the choice to help the
United States--whether as an interpreter or in some other role--and
puts his or her life on the line, the United States bears a special
responsibility to do what it can to reciprocate the loyalty that so
many Iraqis have shown us.
The bill we introduce today will create a new P2 category for
Refugees of Special Humanitarian Concern. Individuals who have assisted
the United States, or who have worked for a company, NGO, or other
entity that has received a grant or contract from the U.S. Government
would be eligible for status as a refugee of special humanitarian
concern. In order to implement this new program, the legislation would
direct the establishment of consular processing facilities in Iraq to
expedite the resettlement process for those Iraqis and their immediate
families who qualify under the bill for special relief.
The bill also sets up a special immigrant visa category for
individuals who have worked as interpreters or translators for the
United States for an aggregate of 1 year between 2003 and the present.
This new program would augment current efforts to provide protection
for those individuals who have assisted the United States by providing
interpreter or translation services.
The legislation would also direct the Secretary of State to establish
an office of Minister Counselor in the U.S. Embassy in Baghdad. This
office would be responsible for overseeing the new programs set up
under this bill, and would be the primary point of contact for eligible
individuals seeking protection. This official would also have the
authority to refer individuals directly to the United States Refugee
Resettlement Program. Additionally, parallel Minister Counselor offices
would be established in Egypt, Jordan, Syria, and Lebanon to effectuate
the P2 refugee program.
The Secretary of State would also be required to work with other
nations currently hosting Iraqi refugees in order to provide support
and to help ensure the safety and well-being of Iraqis located in
countries surrounding Iraq. The legislation would also allow Iraqis who
applied for asylum in the United States after 2003, and who were denied
based on changed country conditions due to the overthrow of Saddam
Hussein, to have those denials reviewed due to the continuing violence
and dangerous conditions in the country. This change will allow our
laws to reflect the current reality in Iraq.
This legislation will help provide some relief to the brave men and
women who have assisted the United States in Iraq, and will help renew
the commitment of the United States to the cause of protecting those
who turn to us for help. I hope all Senators can join with us in
support of the bill we introduce today.
______
By Mr. KYL:
S. 1654. A bill to prohibit the sale or provision of caller ID
spoofing services; to the Committee on the Judiciary.
Mr. KYL. Mr. President, I rise today to introduce a bill that would
prohibit the sale or provision of caller ID spoofing services. This
bill would enact a legislative proposal that was made by the Justice
Department in a letter to members of this committee. To facilitate
commentary on this bill, I ask unanimous consent that the text of the
bill and a letter from the Justice Department be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
S. 1654
Section 1040 of title 18, United States Code, is amended--
(1) by amending subsection (a) to read as follows:
``(a) Offense.--Whoever, using any means or facility of
interstate or foreign commerce--
(1) knowingly generates, transmits, or causes to be
generated or transmitted--
(i) false caller ID information with intent wrongfully to
obtain anything of value; or
(ii) caller ID information pertaining to an actual person
or other entity without that person's or entity's consent and
with intent to deceive any person or other entity about the
identity of the caller; or
(2) knowingly offers, sells, or makes available a service
that enables users to modify, generate, or transmit false or
misleading caller ID information; or
attempts or conspires to do so, shall be punished as provided
in subsection (b).''; and
(2) by adding at the end the following:
``(f) Exceptions.--Paragraph (a)(2) does not prohibit
offering, selling, or making available any such service that
transmits, in the signaling data with each call, (1)
information sufficient to indicate to the recipient's
telephone carrier that the caller ID information is not
accurate, (2) if available, the originating telephone number
or other information identifying the origin of the call, and
(3) the identity of the provider of the service that enabled
the user to modify, generate, or transmit the chosen caller
ID information.''
____
U.S. Department of Justice,
Office of Legislative Affairs,
Washington, DC, April 25, 2007.
Hon. Patrick J. Leahy,
Chairman, Committee on the Judiciary,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Department of Justice appreciates
the opportunity to provide further comment on H.R. 740, the
``Preventing Harassment Through Outbound Number Enforcement
Act'' (``PHONE Act of 2007''). The PHONE Act of 2007 was
passed by the U.S. House of Representatives on March 21, 2007
and referred to the Senate, where consideration of the bill
is currently pending before the Judiciary Committee. It is
the Department's understanding that a substitute amendment
will be offered during the Senate Judiciary Committee's
consideration of this legislation. This letter reflects DOJ's
views toward the amended version of this bill.
As the Department noted in its original comments on the
PHONE Act submitted to Chairman Conyers on February 5, 2007,
we support Congressional action to give law enforcement
better tools to protect our citizens and our country from
identity thieves, stalkers, and other criminals. In the
February 5th letter, the Department of Justice made a number
of recommendations to strengthen the bill, many of which were
adopted. Those changes have made the PHONE Act a more
effective tool for combating threats such as identity theft,
preying on the elderly, and the thwarting of important, time-
sensitive investigations.
[[Page S7896]]
Although the PHONE Act is an important step toward
addressing caller ID spoofing, the problem needs a solution
that addresses not only users of caller ID spoofing, but also
the services that make this capability to deceive widely
available to the public. Several services today offer users
the ability to manipulate information transmitted with a
telephone call in order to cause a number of the caller's
choosing to appear on the call recipient's caller ID display.
Using such a service can be as easy as calling a toll-free
number and entering calling card information.
As the Department has described in its testimony before the
House of Representatives Subcommittee on Crime, Terrorism,
and Homeland Security on the PHONE Act, the widespread
availability of caller ID spoofing services poses several
problems. First, the recipient of a spoofed call is led to
believe that he or she has received the call from someone who
did not actually place the call. Numerous such incidents have
been reported, including examples of SWAT teams being misled
into raiding innocent persons' houses based on 911 calls that
incorrectly appeared to have come from the innocent person's
home (a practice known as ``SWATting''), businesses being
tricked into revealing personal data about the person whose
number is spoofed (i.e., enabling ``pretexting''), and
harassing calls being placed using the phone number of a
political candidate in order to anger voters against that
candidate.
The PHONE Act does not currently address these caller ID
spoofing services that make it easy for anyone with a
telephone to spoof caller ID. Simply criminalizing the use of
spoofing capabilities for criminal or fraudulent purposes
would not sufficiently diminish the availability of spoofing
services. Because the use of caller ID spoofing is
particularly hard to investigate and to prosecute, to address
this problem effectively, Congress should also address the
providers who make this capability widely available.
We have included recommended edits to section 2 of the bill
in order to address caller ID spoofing services that do not
at least notify call recipients that the caller ID
information has been modified (attached hereto as Appendix
A). We also suggest that Congress consider whether this
legislation should contain an explicit exemption for entities
complying with existing Federal regulations such as the
Telemarketing Sales Rule that allow the substitution of
caller ID information for limited purposes.
The Department appreciates the Committee's leadership in
ensuring that our country's laws meet this new challenge.
Thank you for the opportunity to comment on the bill and for
your continuing support.
The Office of Management and Budget has advised that there
is no objection to the presentation of these views from the
standpoint of the Administration's program. If we may be of
additional assistance, please do not hesitate to contact this
office.
Sincerely,
Richard A. Hertling,
Acting Assistant Attorney General.
______
By Mr. KENNEDY (for himself, Mrs. Murray, and Mr. Byrd):
S. 1655. A bill to establish improved mandatory standards to protect
miners during emergencies, and for other purposes; to the Committee on
Health, Education, Labor, and Pensions.
Mr. KENNEDY. Mr. President, last year, the Nation was stunned by the
terrible tragedies at the Sago, Alma, and Darby mines. Those disasters
exposed the many failures in our laws on mine safety and mine health,
and made clear that it is essential to bring these protections into the
modern world.
Last year, Congress came together to take a vital step toward
protecting the Nation's miners with the passage of the MINER Act, which
addressed critical lapses in mine safety and accident response, but
advances in scientific research and technological development show us
that there is much more to be done. In part through the new scrutiny
that is taking place under the MINER Act, we have learned a great deal
more about what puts miners in danger and how to prevent it.
We need to begin to address these other pressing safety and health
needs. That is why today I am introducing the Miner Health and Safety
Enhancement Act of 2007.
There is much we can do in the area of mine safety emergencies to
increase miners' chances of survival, and this legislation encourages
the development of technologies to do so. It requires stronger seal
barriers to protect miners from explosions in hazardous mining areas.
It also requires mine companies to adopt more sophisticated
communications technology to stay in touch with miners underground, and
to install rescue chambers to protect miners in the event of an
explosion or fire.
The bill does more to eliminate dangerous conditions in mines before
they harm miners, by banning the unsafe practice of ventilating mines
in the same passageway as coal-dust laden conveyor belts. This
practice, unfortunately, has been approved by the Bush administration,
and it contributed to the tragic fire at Alma mine last year.
Other reforms are essential as well. Establishing a national call
center can quickly coordinate emergency information and enhance mine
rescue and recovery operations. To see that accident investigations are
objective and thorough, the legislation requires an independent
investigation to be conducted if miners or their families ask for one.
Successful prevention depends also on the willingness of miners to
tell the truth about their working conditions. Safeguards are needed to
allow them to speak out about on-the-job hazards without fearing for
their jobs. The bill establishes an independent ombudsman, so miners'
safety complaints can be heard and fully addressed, without
jeopardizing miners who blow the whistle on job hazards.
Tragically, we continue to see miners developing symptoms of black
lung disease and other deadly respiratory illnesses of the past. To
protect them, the bill requires operators to provide miners with
personal dust monitors developed and certified by the National
Institute of Occupational Safety and Health. To make underground air
safer, the bill adopts the Institute's levels for exposure to coal
dust, silica dust, and other air contaminants. It also adopts the
higher OSHA standard for asbestos. We cannot continue to allow miners
to work without the protection of these important health standards.
Mining is an essential industry, and the nation's miners deserve the
safest possible working conditions. We have a responsibility to see
that our mine safety laws make our mines the safest and healthiest in
the world. America's miners deserve no less. I urge my colleagues to
support the Mine Health and Safety Enhancement Act of 2007.
Mr. BYRD. Mr. President, I am pleased to cosponsor the Miner Health
and Safety Enhancement Act of 2007.
It is critical that the Congress continue to review the statutory
safeguards for our Nation's coal miners. I want to do everything I can
to encourage that effort.
Given reports recently about alarmingly aggressive cases of black
lung around southern West Virginia, the Congress ought to seriously
consider new standards for dust monitoring and control. I also support
the bill's language requiring the installation of atmospheric
monitoring systems in underground coal mines and requiring the Mine
Safety and Health Administration, MSHA, to randomly test emergency
breathing devices every 6 months.
I also very much support provisions in the bill that would clarify
the intentions of the MINER Act and require the Department of Labor to
issue regulations mandating the installation of refuge chambers and
restricting the use of belt-air ventilation.
These are all good initiatives and something that the Congress should
be advocating to ensure safer working conditions for miners.
Nevertheless, I do have reservations about some of the provisions in
the Miner Health and Safety Enhancement Act, which I hope can be
addressed before the Senate Health, Education, Labor, and Pensions,
HELP, Committee takes any action on this legislation.
The MINER Act that the Congress passed last year set a deadline
requiring coal operators to install wireless emergency communications
and tracking equipment by June 2009. In order to meet this deadline,
the Congress appropriated $23 million through the fiscal year 2008 for
NIOSH to expedite its research of emergency communications and
tracking.
It is important that the Congress adhere closely to that schedule. To
suddenly rewrite it, mandating the installation of technologies before
NIOSH has completed its research, could undermine the intentions of the
MINER Act and complicate the efforts of MSHA and the Congress to ensure
timely compliance. Let us not revisit timelines that have already been
resolved and where implementation has already begun. It is better for
the Congress to hold operators to the schedule outlined in the MINER
Act and to allow NIOSH to perform the critical research that has
already been mandated and funded.
The Congress should continue to exercise its oversight function to
ensure rapid implementation of the MINER
[[Page S7897]]
Act and also to review non-MINER Act priorities to ensure statutory
safeguards are adequate. I proudly join the sponsors of this bill in
that endeavor.
______
By Ms. SNOWE (for herself and Mr. Kerry):
S. 1656. A bill to authorize loans for renewable energy systems and
energy efficiency projects under the Express Loan Program of the Small
Business Administration; to the Committee on Small Business and
Entrepreneurship.
Ms. SNOWE. Mr. President, as Ranking Member of the Senate Committee
Small Business and Entrepreneurship, I rise today with Senator Kerry to
introduce the Small Business Energy Efficiency Act of 2007. The energy
debate now underway in this body is a positive initial step for our
country, but it is only a first step. Frankly, America must become more
innovative and invest in infrastructure that provides a lifetime of
savings, both for its citizens and our global neighbors.
This year the Senate Committee on Small Business and
Entrepreneurship, of which I am the Ranking Member, has paid particular
attention to the effects of climate change and escalating fuel costs on
small businesses, and the role America's entrepreneurs can play in
affecting change in these areas. Chairman Kerry and I have already
devoted two hearings during the 110th Congress to these subjects.
Clearly, rising gas prices and global warming are having a devastating
affect on the health of small business in this country.
As we all know, small business is the backbone of our Nation's
economy. As the leading Republican on the Small Business Committee and
as a longstanding steward of the environment, I firmly believe that
small business has a pivotal role to play in finding a solution to
global climate change. According to a recent survey conducted by the
National Small Business Association, 75 percent of small businesses
believe that energy efficiency can make a significant contribution to
reducing greenhouse gas emissions. And yet, only 33 percent of those
had successfully invested in energy efficiency programs for their
businesses.
We need to significantly improve energy efficiency investment by
small businesses. To that end, our measure will ensure that the SBA
completes its requirements under the Energy Policy Act of 2005. Within
90 days of enactment, the SBA, through a final rulemaking, would be
required to complete all of its requirements under the Energy Policy
Act, including setting up a Energy Clearinghouse that builds on the
Environmental Protection Agency's Energy Star program.
Our bill would also create the position of Assistant Administrator
for Small Business Energy Policy within the SBA. The duties of this
position include: 1. the oversight and administration the Small
Business Energy Clearinghouse Program; and 2. the promotion of energy
efficiency efforts and the reduction of energy costs for small
businesses.
It would also create a Small Business Energy Efficiency Pilot Grant
Program. This pilot, competitive grant program would be administered
through the national network of Small Business Development Centers,
SBDCs, which would provide ``energy audits'' to small businesses to
enhance their energy efficiency practices, as well as providing access
to information and resources on energy efficiency practices. These
practices would include ``on-bill financing'' options.
Our bill would also encourage innovation in energy efficiency.
Federal agencies shall give priority to Small Business Innovation
Research, SBIR, and Small Business Technology Transfer, STTR, program
solicitations by small businesses that participate in or conduct energy
efficiency or renewable energy system research and development. The SBA
will issue guidelines to assist Federal agencies and departments in
determining whether priority has been given.
Finally, our bill would make the SBA's Express Loan Program available
to small businesses who wish to purchase renewable energy systems or
make energy efficiency improvements to their existing businesses. I
firmly believe that the SBA Express Loan will be an attractive option
to small business owners looking to make their businesses more energy
efficient and environmentally sound because of the program's quick
turnaround time and the ability of participating lenders to use their
own forms and procedures for approval. Furthermore, lenders and
borrowers can negotiate the interest rate, which can result in more
favorable terms for a small business owner. The Express Program is the
most widely used of SBA's loan products, representing 69 percent of all
loans made. In fact, the SBA Express lender network is made up of
almost 2,000 financial institutions nationwide.
Many small businesses are already leading the charge in combating
global warming. For instance, in my home state of Maine, Oakhurst
Dairy, an 86-year-old business, recently announced that it has
converted its fleet of over 100 trucks and trailers to a bio-diesel
fuel blend. Oakhurst's President Stanley Bennett sent me a letter
stating: ``We firmly believe that doing the right thing environmentally
is almost always the right thing to do for your business.'' It is my
hope that our bill will spur more small firms to make the same
investment in the environment and their businesses.
As we engage in this debate, we must remain mindful that potential
solutions must fully consider the economic realities facing small
businesses. According to the SBA Office of Advocacy, compliance with
environmental regulations costs 364 percent more in small businesses
than in larger businesses. So, in developing solutions Senator Kerry
and I have worked to ensure that small businesses possess a range of
cost-effective alternatives and have avoided a one-sized-fits-all
approach.
In conclusion, this bipartisan measure will enable small businesses
to play a leading role in combating global climate change. Assisting
small firms in this regard will not only help the environment, but will
also significantly lower the energy costs for cash-strapped small
businesses.
______
By Mr. KERRY (for himself and Ms. Snowe):
S. 1657. A bill to establish a small business energy efficiency
program, and for other purposes; to the Committee on Small Business and
Entrepreneurship.
Mr. KERRY. Mr. President, in March of this year, I convened a hearing
in the Committee on Small Business and Entrepreneurship to look at what
small businesses can do to confront global warming. In February, the
Intergovernmental Panel on Climate Change put forward a report that has
been referred to as ``the smoking gun'' on global warming, written by
more than 600 scientists, reviewed by another 600 experts, and edited
by officials from 154 governments, the report provides indisputable
evidence that the ice caps are melting, the sea level is rising, and
the earth's surface is heating up at an alarming and potentially
catastrophic rate.
Senator Snowe and I have worked together on a number of initiatives
to combat global warming, including introducing the Global Warming
Reduction Act of 2007, an effort to reduce greenhouse gas emissions by
65 percent by the year 2050. Today, we continue this partnership as
chairman and ranking member of the Committee on Small Business and
Entrepreneurship by introducing the Small Business Energy Efficiency
Act of 2007.
There are nearly 26 million small businesses in this country, nearly
26 million business owners that are focused on keeping their doors open
and putting food on the table for their families. And while climate
change and national energy security sometimes seem like distant threats
compared to rising health care costs and staying competitive in an
increasingly global economy, small business owners are telling us that
energy costs are indeed a concern. The National Small Business
Association recently conducted a poll of its members, asking how energy
prices affected their business decisions. Seventy-five percent said
that energy prices had at least a moderate effect on their businesses,
with roughly the same number saying that reducing energy costs would
increase their profitability. Despite these numbers, only 33 percent
have invested in energy efficient programs.
The Environmental Protection Agency estimates that small businesses
consume roughly 30 percent of the commercial energy consumed in this
country, that is roughly 2 trillion kBtu of
[[Page S7898]]
energy per year, and it is costing small business concerns
approximately $29 million a year. Through efforts to increase energy
efficiency, small businesses can contribute to America's energy
security, help to combat global warming, and add to their bottom line
all at the same time.
The Small Business Energy Efficiency Act of 2007 seeks to assist
small business owners in doing all of these things. First, the bill
requires the Small Business Administration, SBA, to implement an energy
efficiency program that was mandated in the 2005 Energy Policy Act. To
date, the SBA has dragged its feet in implementing a program that could
help small business owners to become more energy efficient.
Administrator Preston should implement this important program today,
and this bill directs him to do so.
Second, the bill establishes a program to increase energy efficiency
through energy audits at Small Business Development Centers, SBDCs. The
Pennsylvania SBDC currently operates a similar program, and has
successfully assisted hundreds of businesses to become more energy
efficient. As a result of the program, six of the eight winners of the
2006 ENERGY STAR Small Business Awards given by the EPA went to
Pennsylvania businesses. This program should be replicated so that
small businesses across the country have the same opportunity to cut
energy costs through the efficiency measures.
In addition, this bill authorizes the Administrator to guarantee on-
bill financing agreements between businesses and utility companies, to
cover a utility company's risk in entering into such an agreement. The
federal government should encourage utility companies to pursue these
agreements with businesses, where an electric utility will cover the
up-front costs of implementing energy efficiency measures, and a
business will repay these costs through the savings realized in their
energy bill.
This bill also encourages telecommuting through a pilot program at
SBA. The Administrator is authorized to establish a program that
produces educational materials and performs outreach to small
businesses on the benefits of telecommuting.
Finally, the bill encourages increased innovation by providing a
priority status within the SBIR and STTR programs that ensures high
priority be given to small business concerns participating in energy
efficiency or renewable energy system research and development
projects.
As a Nation, we have much to do to secure our future energy supply
and to solve the international crisis that is global warming. This bill
represents one step in that process--to engage our small business
owners in this effort, and to assist them in becoming more aware of
what is possible. I urge my colleagues to support this bill, and I
thank Senator Snowe for her work in this area.
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. 1657
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 ``Small
Business Energy Efficiency Act of 2007''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Implementation of small business energy efficiency program.
Sec. 5. Small business energy efficiency.
Sec. 6. Small business telecommuting.
Sec. 7. Encouraging innovation in energy efficiency.
Sec. 8. Express loans for renewable energy and energy efficiency.
SEC. 2. FINDINGS.
Congress finds that:
(1) Small business concerns represent roughly 50 percent of
the economy of the United States, employing 50 percent of all
private sector employees, and producing more than 50 percent
of nonfarm private gross domestic product.
(2) The Environmental Protection Agency estimates that,
based on data from the 2003 Commercial Buildings Energy
Consumption Survey of the Department of Energy, small
business concerns consume roughly 2,000,000,000,000 kBtu of
energy per year, costing small business concerns
approximately $29,000,000,000.
(3) The Environmental Protection Agency estimate does not
include additional energy that is used by small business
concerns located outside of commercial buildings, such as
home-based small business concerns. Additional, peer-reviewed
research studies must be conducted to assess the amount of
energy consumed by small business concerns.
(4) A recent survey conducted by the National Small
Business Association revealed that 75 percent of small
business concerns believe that energy efficiency can make a
significant contribution to reducing greenhouse gas
emissions. And yet, only 33 percent of those small business
concerns had successfully invested in energy efficiency
programs for their businesses.
(5) Small business concerns have demonstrated that they are
capable of achieving realistic energy consumption reductions
of 30 percent as a result of implementing the recommendations
of targeted energy audits. These reductions have been
demonstrated by clients of the Pennsylvania Small Business
Development Centers and are supported by the national
experience of the ENERGY STAR Small Business program of the
Environmental Protection Agency.
(6) Small business concerns are a source for the
technological innovations at the heart of the effort to find
a solution to the challenge of climate change and to
establish energy independence for the United States.
(7) On-bill financing arrangements, involving small
business concerns, utilities, banks, and certified energy
efficiency professionals, have demonstrated success in
reducing energy usage by small business concerns across the
country, and greater use of on-bill financing agreements
should be encouraged.
(8) Telecommuting represents an established method for
reducing fuel consumption, and information regarding the
benefits of telecommuting should be made available to owners
of small business concerns.
SEC. 3. DEFINITIONS.
In this Act--
(1) the terms ``Administration'' and ``Administrator'' mean
the Small Business Administration and the Administrator
thereof, respectively;
(2) the term ``association'' means the association of small
business development centers established under section
21(a)(3)(A) of the Small Business Act (15 U.S.C.
648(a)(3)(A));
(3) the term ``disability'' has the meaning given that term
in section 3 of the Americans with Disabilities Act of 1990
(42 U.S.C. 12102);
(4) the term ``electric utility'' has the meaning given
that term in section 3 of the Public Utility Regulatory
Policies Act of 1978 (16 U.S.C. 2602);
(5) the term ``on-bill financing'' means a low interest or
no interest financing agreement between a small business
concern and an electric utility for the purchase or
installation of equipment, under which the regularly
scheduled payment of that small business concern to that
electric utility is not reduced by the amount of the
reduction in cost attributable to the new equipment and that
amount is credited to the electric utility, until the cost of
the purchase or installation is repaid;
(6) the term ``small business concern'' has the meaning
given that term in section 3 of the Small Business Act (15
U.S.C. 636);
(7) the term ``small business development center'' means a
small business development center described in section 21 of
the Small Business Act (15 U.S.C. 648);
(8) the term ``telecommuting'' means the use of
telecommunications to perform work functions under
circumstances which reduce or eliminate the need to commute;
and
(9) the term ``veteran'' has the meaning given that term in
section 101 of title 38, United States Code.
SEC. 4. IMPLEMENTATION OF SMALL BUSINESS ENERGY EFFICIENCY
PROGRAM.
(a) In General.--Not later than 90 days after the date of
enactment of this Act, the Administrator shall promulgate
final rules establishing the Government-wide program
authorized under subsection (d) of section 337 of the Energy
Policy and Conservation Act (42 U.S.C. 6307) that ensure
compliance with that subsection by not later than 6 months
after such date of enactment.
(b) Plan.--Not later than 90 days after the date of
enactment of this Act, the Administrator shall publish a
detailed plan regarding how the Administrator will--
(1) assist small business concerns in becoming more energy
efficient; and
(2) build on the Energy Star for Small Business Program of
the Department of Energy and the Environmental Protection
Agency.
(c) Assistant Administrator for Small Business Energy
Policy.--
(1) In general.--There is in the Administration an
Assistant Administrator for Small Business Energy Policy, who
shall be appointed by, and report to, the Administrator.
(2) Duties.--The Assistant Administrator for Small Business
Energy Policy shall--
(A) oversee and administer the requirements under this
section and section 337(d) of the Energy Policy and
Conservation Act (42 U.S.C. 6307(d)); and
(B) promote energy efficiency efforts for small business
concerns and reduce energy costs of small business concerns.
(d) Reports.--The Administrator shall submit to the
Committee on Small Business and Entrepreneurship of the
Senate and the
[[Page S7899]]
Committee on Small Business of the House of Representatives
an annual report on the progress of the Administrator in
encouraging small business concerns to become more energy
efficient, including data on the rate of use of the Small
Business Energy Clearinghouse established under section
337(d)(4) of the Energy Policy and Conservation Act (42
U.S.C. 6307(d)(4)).
SEC. 5. SMALL BUSINESS ENERGY EFFICIENCY.
(a) Authority.--The Administrator shall establish a Small
Business Energy Efficiency Pilot Program (in this section
referred to as the ``Efficiency Pilot Program'') to provide
energy efficiency assistance to small business concerns
through small business development centers.
(b) Small Business Development Centers.--
(1) In general.--In carrying out the Efficiency Pilot
Program, the Administrator shall enter into agreements with
small business development centers under which such centers
shall--
(A) provide access to information and resources on energy
efficiency practices, including on-bill financing options;
(B) conduct training and educational activities;
(C) offer confidential, free, one-on-one, in-depth energy
audits to the owners and operators of small business concerns
regarding energy efficiency practices;
(D) give referrals to certified professionals and other
providers of energy efficiency assistance who meet such
standards for educational, technical, and professional
competency as the Administrator shall establish; and
(E) act as a facilitator between small business concerns,
electric utilities, lenders, and the Administration to
facilitate on-bill financing arrangements.
(2) Reports.--Each small business development center
participating in the Efficiency Pilot Program shall submit to
the Administrator and the Administrator of the Environmental
Protection Agency an annual report that includes--
(A) a summary of the energy efficiency assistance provided
by that center under the Efficiency Pilot Program;
(B) the number of small business concerns assisted by that
center under the Efficiency Pilot Program;
(C) statistics on the total amount of energy saved as a
result of assistance provided by that center under the
Efficiency Pilot Program; and
(D) any additional information determined necessary by the
Administrator, in consultation with the association.
(3) Reports to congress.--Not later than 60 days after the
date on which all reports under paragraph (2) relating to a
year are submitted, the Administrator shall submit to the
Committee on Small Business and Entrepreneurship of the
Senate and the Committee on Small Business of the House of
Representatives a report summarizing the information
regarding the Efficiency Pilot Program submitted by small
business development centers participating in that program.
(c) Eligibility.--A small business development center shall
be eligible to participate in the Efficiency Pilot Program
only if that center is certified under section 21(k)(2) of
the Small Business Act (15 U.S.C. 648(k)(2)).
(d) Selection of Participating State Programs.--
(1) Groupings.--
(A) Selection of programs.--The Administrator shall select
the small business development center programs of 2 States
from each of the groupings of States described in
subparagraphs (B) through (K) to participate in the pilot
program established under this section.
(B) Group 1.--Group 1 shall consist of Maine,
Massachusetts, New Hampshire, Connecticut, Vermont, and Rhode
Island.
(C) Group 2.--Group 2 shall consist of New York, New
Jersey, Puerto Rico, and the Virgin Islands.
(D) Group 3.--Group 3 shall consist of Pennsylvania,
Maryland, West Virginia, Virginia, the District of Columbia,
and Delaware.
(E) Group 4.--Group 4 shall consist of Georgia, Alabama,
North Carolina, South Carolina, Mississippi, Florida,
Kentucky, and Tennessee.
(F) Group 5.--Group 5 shall consist of Illinois, Ohio,
Michigan, Indiana, Wisconsin, and Minnesota.
(G) Group 6.--Group 6 shall consist of Texas, New Mexico,
Arkansas, Oklahoma, and Louisiana.
(H) Group 7.--Group 7 shall consist of Missouri, Iowa,
Nebraska, and Kansas.
(I) Group 8.--Group 8 shall consist of Colorado, Wyoming,
North Dakota, South Dakota, Montana, and Utah.
(J) Group 9.--Group 9 shall consist of California, Guam,
American Samoa, Hawaii, Nevada, and Arizona.
(K) Group 10.--Group 10 shall consist of Washington,
Alaska, Idaho, and Oregon.
(e) Matching Requirement.--Subparagraphs (A) and (B) of
section 21(a)(4) of the Small Business Act (15 U.S.C.
648(a)(4)) shall apply to assistance made available under the
Efficiency Pilot Program.
(f) Grant Amounts.--Each small business development center
selected to participate in the Efficiency Pilot Program under
subsection (d) shall be eligible to receive a grant in an
amount equal to--
(1) not less than $100,000 in each fiscal year; and
(2) not more than $300,000 in each fiscal year.
(g) Evaluation and Report.--The Comptroller General of the
United States shall--
(1) not later than 30 months after the date of disbursement
of the first grant under the Efficiency Pilot Program,
initiate an evaluation of that pilot program; and
(2) not later than 6 months after the date of the
initiation of the evaluation under paragraph (1), submit to
the Administrator, the Committee on Small Business and
Entrepreneurship of the Senate, and the Committee on Small
Business of the House of Representatives, a report
containing--
(A) the results of the evaluation; and
(B) any recommendations regarding whether the Efficiency
Pilot Program, with or without modification, should be
extended to include the participation of all small business
development centers.
(h) Guarantee.--The Administrator may guarantee the timely
payment of a loan made to a small business concern through an
on-bill financing agreement on such terms and conditions as
the Administrator shall establish through a formal rule
making, after providing notice and an opportunity for
comment.
(i) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
carry out this section--
(A) $5,000,000 for the first fiscal year beginning after
the date of enactment of this Act; and
(B) $5,000,000 for each of the 3 fiscal years following the
fiscal year described in subparagraph (A).
(2) Limitation on use of other funds.--The Administrator
may carry out the Efficiency Pilot Program only with amounts
appropriated in advance specifically to carry out this
section.
(j) Termination.--The authority under this section shall
terminate 4 years after the date of disbursement of the first
grant under the Efficiency Pilot Program.
SEC. 6. SMALL BUSINESS TELECOMMUTING.
(a) Pilot Program.--
(1) In general.--In accordance with this section, the
Administrator shall conduct, in not more than 5 of the
regions of the Administration, a pilot program to provide
information regarding telecommuting to employers that are
small business concerns and to encourage such employers to
offer telecommuting options to employees (in this section
referred to as the ``Telecommuting Pilot Program'').
(2) Special outreach to individuals with disabilities.--In
carrying out the Telecommuting Pilot Program, the
Administrator shall make a concerted effort to provide
information to--
(A) small business concerns owned by or employing
individuals with disabilities, particularly veterans who are
individuals with disabilities;
(B) Federal, State, and local agencies having knowledge and
expertise in assisting individuals with disabilities,
including veterans who are individuals with disabilities; and
(C) any group or organization, the primary purpose of which
is to aid individuals with disabilities or veterans who are
individuals with disabilities.
(3) Permissible activities.--In carrying out the
Telecommuting Pilot Program, the Administrator may--
(A) produce educational materials and conduct presentations
designed to raise awareness in the small business community
of the benefits and the ease of telecommuting;
(B) conduct outreach--
(i) to small business concerns that are considering
offering telecommuting options; and
(ii) as provided in paragraph (2); and
(C) acquire telecommuting technologies and equipment to be
used for demonstration purposes.
(4) Selection of regions.--In determining which regions
will participate in the Telecommuting Pilot Program, the
Administrator shall give priority consideration to regions in
which Federal agencies and private-sector employers have
demonstrated a strong regional commitment to telecommuting.
(b) Report to Congress.--Not later than 2 years after the
date on which funds are first appropriated to carry out this
section, the Administrator shall transmit to the Committee on
Small Business and Entrepreneurship of the Senate and the
Committee on Small Business of the House of Representatives a
report containing the results of an evaluation of the
Telecommuting Pilot Program and any recommendations regarding
whether the pilot program, with or without modification,
should be extended to include the participation of all
regions of the Administration.
(c) Termination.--The Telecommuting Pilot Program shall
terminate 4 years after the date on which funds are first
appropriated to carry out this section.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to the Administration $5,000,000 to carry
out this section.
SEC. 7. ENCOURAGING INNOVATION IN ENERGY EFFICIENCY.
Section 9 of the Small Business Act (15 U.S.C. 638) is
amended by adding at the end the following:
``(z) Encouraging Innovation in Energy Efficiency.--
``(1) Federal agency energy-related priority.--In carrying
out its duties under this section to SBIR and STTR
solicitations by Federal agencies, the Administrator shall--
[[Page S7900]]
``(A) ensure that such agencies give high priority to small
business concerns that participate in or conduct energy
efficiency or renewable energy system research and
development projects; and
``(B) include in the annual report to Congress under
subsection (b)(7) a determination of whether the priority
described in subparagraph (A) is being carried out.
``(2) Consultation required.--The Administrator shall
consult with the heads of other Federal agencies and
departments in determining whether priority has been given to
small business concerns that participate in or conduct energy
efficiency or renewable energy system research and
development projects, as required by this section.
``(3) Guidelines.--The Administrator shall, as soon as is
practicable after the date of enactment of this subsection,
issue guidelines and directives to assist Federal agencies in
meeting the requirements of this section.
``(4) Definitions.--In this subsection--
``(A) the term `biomass'--
``(i) means any organic material that is available on a
renewable or recurring basis, including--
``(I) agricultural crops;
``(II) trees grown for energy production;
``(III) wood waste and wood residues;
``(IV) plants (including aquatic plants and grasses);
``(V) residues;
``(VI) fibers;
``(VII) animal wastes and other waste materials; and
``(VIII) fats, oils, and greases (including recycled fats,
oils, and greases); and
``(ii) does not include--
``(I) paper that is commonly recycled; or
``(II) unsegregated solid waste;
``(B) the term `energy efficiency project' means the
installation or upgrading of equipment that results in a
significant reduction in energy usage; and
``(C) the term `renewable energy system' means a system of
energy derived from--
``(i) a wind, solar, biomass (including biodiesel), or
geothermal source; or
``(ii) hydrogen derived from biomass or water using an
energy source described in clause (i).''.
SEC. 8. EXPRESS LOANS FOR RENEWABLE ENERGY AND ENERGY
EFFICIENCY.
Section 7(a)(31) of the Small Business Act (15 U.S.C.
636(a)(31)) is amended by adding at the end the following:
``(F) Express loans for renewable energy and energy
efficiency.--
``(i) Definitions.--In this subparagraph, the terms `energy
efficiency project' and `renewable energy system' have the
meanings given those terms in section 9(z).
``(ii) Loans.--Loans may be made under the `Express Loan
Program' for the purpose of--
``(I) purchasing a renewable energy system; or
``(II) an energy efficiency project for an existing
business.''.
______
By Mr. GREGG:
S. 1658. A bill to amend the Servicemembers Civil Relief Act to
provide protection for child custody arrangements for parents who are
members of the Armed Forces deployed in support of a contingency
operation; to the Committee on Veterans' Affairs.
Mr. GREGG. Mr. President, I rise today to speak about several of the
personal problems currently being experienced by some military families
due to the deployment of one or both parents and to introduce three
pieces of legislation, the language of which is included in the
recently passed House of Representatives Defense authorization bill,
which are designed to help alleviate those problems.
But first, I would like to express my sincere thanks to the fathers
and mothers, husbands and wives, sisters and brothers, and the sons and
daughters of our Nation, who in these very tumultuous and dangerous
times have volunteered to join our Armed Forces and serve our country
around the world. In December 1776, another of the tumultuous times for
our Nation, Thomas Paine wrote ``These are the times that try men's
souls: The summer soldier and the sunshine patriot will, in this
crisis, shrink from the service of his country; but he that stands it
now, deserves the love and thanks of man and woman.'' Our modern day
Patriots, who are now serving in the Army, Navy, Marine Corps, Air
Force and Coast Guard, also heard and answered our country's call and
they surely deserve the love and thanks of our Nation.
In some cases, while a military parent is deployed overseas, courts
have overturned custody arrangements of their child or children; this
while the deployed military custodial parent was unable to appear
before the court. The first piece of legislation, S. 1658, would
provide protection of child custody arrangements for Armed Forces
parents who are deployed in contingency operations. The legislation
states that if a motion for change of custody of a child of a
servicemember is filed while the servicemember is deployed in support
of a contingency operation, no court may enter an order modifying or
amending any previous judgment or order, or issue a new order that
changes the child custody arrangement that existed as of the deployment
date. An exception is allowed whereby the court may enter a temporary
custody order if there is clear and convincing evidence that it is in
the best interest of the child. Additionally, if a motion for the
change of custody of the child of a servicemember who was deployed in
support of a contingency operation is filed after the end of the
deployment, no court may consider the absence of the servicemember by
reason of that deployment in determining the best interest of the
child.
The second piece of legislation, S. 1659, is intended to preclude
some of the tension and anxiety that a child may suffer from the
simultaneous deployment of both parents, as well as the grief that
would result if both those parents were to lose their lives while
simultaneously deployed. This bill would provide a limitation on
simultaneous deployment to combat zones of dual-military couples who
have minor dependents. It states that in the case of a member of the
Armed Forces with minor dependents who has a spouse who is also a
member of the Armed Forces, and the spouse is deployed in an area for
which imminent danger pay is authorized, the member may request a
deferment of a deployment to such an area until the spouse returns from
such deployment.
And the third piece of legislation, S. 1660, would initiate studies
that could hopefully lead to improved support services for families of
members of the National Guard and Reserve who are undergoing
deployment. This legislation would direct the Secretary of Defense to
conduct a study of possible methods to enhance support services for
children of members of the National Guard and Reserve who are deployed.
Additionally, the legislation would require the Pentagon to carry out a
study on establishment of a program on family-to-family support for
families of deployed members of the National Guard and Reserve.
Mr. President, I ask that my fellow Senators consider these bills.
______
By Mr. DORGAN (for himself, Mr. Stevens, and Mr. Inouye):
S. 1661. A bill to communicate United States travel policies and
improve marketing and other activities designed to increase travel in
the United States from abroad; to the Committee on Commerce, Science,
and Transportation.
Mr. DORGAN. Mr. President, today I am introducing, along with
Senators Stevens and Inouye, the Travel Promotion Act of 2007. We seek
with this bill to increase travel to the United States and rebuild the
country's place in the global travel market. After 9/11, the number of
overseas travelers to the United States decreased dramatically and has
still not recovered. Travel and tourism are a crucial part of our
export industry, but other countries have gained market share to our
detriment. Foreign travelers are going elsewhere.
The absence of federal leadership in travel promotion has resulted in
States having to step in to fill that void. An example is the effort
made by my home State of North Dakota, where tourism is the State's
second largest industry, with visitors spending $3.36 billion in 2004.
The investment that North Dakota made to encourage travel and tourism
has reaped enormous benefits, with the State getting a return of
investment of almost $82 for each dollar spent on travel promotion.
While States have made inroads to attracting travelers, the lack of a
coordinated federal campaign creates a comparative disadvantage with
countries that have centralized ministries or offices to encourage
international travel to their countries. The example of North Dakota
should be a lesson for the entire country. The United States offers
unique and diverse destinations for travelers--a small investment in
national coordination has the potential to create a significant
windfall for our economy.
The Travel Promotion Act of 2007 will promote travel to the U.S.,
including areas not traditionally visited, highlighting the United
States as a premier travel destination. The bill
[[Page S7901]]
will improve communication of United States travel policies and
perceptions of the process. Negative perceptions can often deter
foreigners from traveling to the United States. Our communities will
benefit from growth of this multi-billion dollar industry. With an
increase in visitors they will experience an increase in jobs and
expansion of local economies.
The bill initiates a nationally coordinated travel promotion campaign
established in a public-private partnership to increase international
travel to the United States. It creates a Corporation for Travel
Promotion, an independent, nonprofit corporation, to run the travel
promotion campaign. The program will be funded equally by a small fee
paid by foreign travelers visiting the U.S. and matching contributions
from the travel industry.
This is a great country, and we should welcome visitors to our shores
to meet our people and experience our culture. I thank the Chair and
Vice-Chair of the Committee on Commerce, Science, and Transportation
for joining with me to develop this campaign and promote travel to our
Nation.
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. 1661
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) This Act may be cited as the ``Travel Promotion Act of
2007.''.
(b) Table of Contents--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. The Corporation for Travel Promotion.
Sec. 3. Accountability measures.
Sec. 4. Matching public and private funding.
Sec. 5. Travel promotion program funding.
Sec. 6. Assessment authority.
Sec. 7. Under Secretary of Commerce for Travel Promotion.
Sec. 8. Research program.
Sec. 9. Definitions.
SEC. 2. THE CORPORATION FOR TRAVEL PROMOTION.
(a) Establishment.--The Corporation for Travel Promotion is
established as a nonprofit corporation. The Corporation shall
not be an agency or establishment of the United States
Government. The Corporation shall be subject to the
provisions of the District of Columbia Nonprofit Corporation
Act (D.C. Code, section 29-1001 et seq.), to the extent that
such provisions are consistent with this section, and shall
have the powers conferred upon a nonprofit corporation by
that Act to carry out its purposes and activities.
(b) Board of Directors.--
(1) In general.--The Corporation shall have a board of
directors of 14 members, appointed by the Secretary of
Commerce, who are United States citizens with professional
expertise and experience in the fields of travel,
international travel promotion, and marketing and broadly
represent various regions of the Nation, of whom--
(A) 1 shall represent hotel accommodations providers;
(B) 2 shall represent restaurant and retail businesses;
(C) 2 shall represent attractions and recreation
businesses;
(D) 1 shall represent the passenger air transportation
business;
(E) 1 shall represent the car rental business;
(F) 3 shall represent State and local offices from
disparate regions of the country;
(G) 1 shall be a Federal employee (as defined in section
2105 of title 5, United States Code);
(H) 1 shall represent the higher education community; and
(I) 2 shall represent the small business community.
(2) Incorporation.--The members of the initial board of
directors shall serve as incorporators and shall take
whatever actions are necessary to establish the Corporation
under the District of Columbia Nonprofit Corporation Act
(D.C. Code, section 29-1001 et seq.).
(3) Term of office.--The term of office of each member of
the board appointed by the Secretary shall be 3 years, except
that, of the members first appointed--
(A) 3 shall be appointed for terms of 1 year;
(B) 4 shall be appointed for terms of 2 years; and
(C) 4 shall be appointed for terms of 3 years.
(4) Vacancies.--Any vacancy in the board shall not affect
its power, but shall be filled in the manner required by this
section. Any member whose term has expired may serve until
the member's successor has taken office, or until the end of
the calendar year in which the member's term has expired,
whichever is earlier. Any member appointed to fill a vacancy
occurring prior to the expiration of the term for which that
member's predecessor was appointed shall be appointed for the
remainder of the predecessor's term. No member of the board
shall be eligible to serve more than 2 consecutive full
terms.
(5) Election of chairman and vice chairman.--Members of the
board shall annually elect one of their members to be
Chairman and elect 1 or more of their members as a Vice
Chairman or Vice Chairmen.
(6) Status as federal employees.--Notwithstanding any
provision of law to the contrary, no member of the board may
be considered to be a Federal employee of the United States
by virtue of his or her service as a member of the board.
(7) Compensation; expenses.--No member shall receive any
compensation from the Federal government for serving on the
Council. Each member of the Council shall be paid actual
travel expenses and per diem in lieu of subsistence expenses
when away from his or her usual place of residence, in
accordance with section 5703 of title 5, United States Code.
(c) Officers and Employees.--
(1) In general.--The Corporation shall have a President,
and such other officers as may be named and appointed by the
board for terms and at rates of compensation fixed by the
board. No individual other than a citizen of the United
States may be an officer of the Corporation. The corporation
may hire and fix the compensation of such employees as may be
necessary to carry out its purposes. No officer or employee
of the Corporation may receive any salary or other
compensation (except for compensation for services on boards
of directors of other organizations that do not receive funds
from the Corporation, on committees of such boards, and in
similar activities for such organizations) from any sources
other than the Corporation for services rendered during the
period of his or her employment by the Corporation. Service
by any officer on boards of directors of other organizations,
on committees of such boards, and in similar activities for
such organizations shall be subject to annual advance
approval by the board and subject to the provisions of the
Corporation's Statement of Ethical Conduct. All officers and
employees shall serve at the pleasure of the board.
(2) Nonpolitical nature of appointment.--No political test
or qualification shall be used in selecting, appointing,
promoting, or taking other personnel actions with respect to
officers, agents, or employees of the Corporation.
(d) Nonprofit and Nonpolitical Nature of Corporation.--
(1) Stock.--The Corporation shall have no power to issue
any shares of stock, or to declare or pay any dividends.
(2) Profit.--No part of the income or assets of the
Corporation shall inure to the benefit of any director,
officer, employee, or any other individual except as salary
or reasonable compensation for services.
(3) Politics.--The Corporation may not contribute to or
otherwise support any political party or candidate for
elective public office.
(e) Duties and Powers.--
(1) In general.--The Corporation shall develop and execute
a plan--
(A) to provide useful information to foreign tourists and
others interested in travelling to the United States,
including the distribution of material provided by the
Federal government concerning entry requirements, required
documentation, fees, and processes, to prospective travelers,
travel agents, tour operators, meeting planners, foreign
governments, travel media and other international
stakeholders;
(B) to counter and correct misperceptions regarding United
States travel policy around the world;
(C) to maximize the economic and diplomatic benefits of
travel to the United States by promoting the United States of
America to world travelers through the use of, but not
limited to, all forms of advertising, outreach to trade
shows, and other appropriate promotional activities;
(D) to ensure that international travel benefits all States
and the District of Columbia, including areas not
traditionally visited by international travelers.; and
(E) to give priority to the Corporation's efforts in terms
of countries and populations most likely to travel to the
United States.
(2) Specific powers.--In order to carry out the purposes of
this section, the Corporation may--
(A) obtain grants from and make contracts with individuals
and private companies, State, and Federal agencies,
organizations, and institutions;
(B) hire or accept the voluntary services of consultants,
experts, advisory boards, and panels to aid the Corporation
in carrying out its purposes; and
(C) take such other actions as may be necessary to
accomplish the purposes set forth in this section.
(f) Open Meetings.--Meetings of the board of directors of
the Corporation, including any committee of the board, shall
be open to the public. The board may, by majority vote, close
any such meeting only for the time necessary to preserve the
confidentiality of commercial or financial information that
is privileged or confidential, to discuss personnel matters,
or to discuss legal matters affecting the Corporation,
including pending or potential litigation.
(g) Major campaigns.--The board may not authorize the
Corporation to obligate or expend more than $25,000,000 on
any advertising campaign, promotion, or related effort
unless--
(1) the obligation or expenditure is approved by an
affirmative vote of at least \2/3\ of
[[Page S7902]]
the members of the board present at the meeting;
(2) at least 8 members of the board are present at the
meeting at which it is approved; and
(3) each member of the board has been given at least 3 days
advance notice of the meeting at which the vote is to be
taken and the matters to be voted upon at that meeting.
(h) Fiscal Accountability.
(1) Fiscal year.--The Corporation shall establish as its
fiscal year the 12-month period beginning on October 1.
(2) Budget.--The Corporation shall adopt a budget for each
fiscal year.
(3) Annual audits.--The Corporation shall engage an
independent accounting firm to conduct an annual financial
audit of the Corporation's operations and shall publish the
results of the audit. The Comptroller General shall have full
and complete access to the books and records of the
Corporation.
SEC. 3. ACCOUNTABILITY MEASURES.
(a) Objectives.--The Board shall establish annual
objectives for the Corporation for each fiscal year subject
to approval by the Secretary. The Corporation shall establish
a marketing plan for each fiscal year not less than 60 days
before the beginning of that year and provide a copy of the
plan, and any revisions thereof, to the Secretary.
(b) Budget.--The board shall transmit a copy of the
Corporation's budget for the forthcoming fiscal year to the
Secretary no later than August 16 immediately preceding that
fiscal year, together with an explanation of any expenditure
provided for by the budget in excess of $5,000,000 for the
fiscal year. The Corporation shall make a copy of the budget
and the explanation available to the public and shall provide
public access to the budget and explanation on the
Corporation's website.
(c) Annual Report to Congress.--The Corporation shall
submit an annual report for the preceding fiscal year to the
Secretary of Commerce for transmittal to the Congress on or
before the 15th day of May of each year. The report shall
include--
(1) a comprehensive and detailed report of the
Corporation's operations, activities, financial condition,
and accomplishments under this Act;
(2) a comprehensive and detailed inventory of amounts
obligated or expended by the Corporation during the preceding
fiscal year;
(3) an objective and quantifiable measurement of its
progress, on an objective-by-objective basis, in meeting the
objectives established by the board;
(4) an explanation of the reason for any failure to achieve
an objective established by the board; and
(5) such recommendations as the Corporation deems
appropriate.
SEC. 4. MATCHING PUBLIC AND PRIVATE FUNDING.
(a) Establishment of Travel Promotion Fund.--There is
hereby established in the Treasury a fund which shall be
known as the Travel Promotion Fund.
(b) Funding.--
(1) First year.--For fiscal year 2008, the Corporation may
borrow from the Treasury beginning on October 1, 2007, such
sums as may be necessary, but not to exceed $10,000,000, to
cover its initial expenses and activities under this Act.
Before October 1, 2012, the Corporation shall reimburse the
Treasury, without interest, for any such amounts borrowed
from the Treasury, using funds deposited in the Fund from
non-Federal sources. Amounts reimbursed to the Treasury shall
be treated as matching funds from non-Federal sources for
purposes of subsection (c) in the fiscal year in which such
reimbursements are made.
(2) Subsequent years.--For each of fiscal years 2009
through 2012, from amounts deposited in the general fund of
the Treasury during the preceding fiscal year from fees under
section 5 of this Act, the Secretary of the Treasury shall
transfer not more than $100,000,000 to the Fund, which shall
be made available to the Corporation, subject to subsection
(c) of this section, to carry out its functions under this
Act. Transfers shall be made at least quarterly on the basis
of estimates by the Secretary, and proper adjustments shall
be made in amounts subsequently transferred to the extent
prior estimates were in excess or less than the amounts
required to be transferred.
(c) Matching Requirement.--
(1) In general.--No amounts may be made available to the
Corporation under this section after fiscal year 2008, except
to the extent that--
(A) for fiscal year 2009, the Corporation provides matching
funds from non-Federal sources equal in the aggregate to 50
percent or more of the amount transferred to the Fund under
subsection (b); and
(B) for any fiscal year after fiscal year 2009, the
Corporation provides matching funds from non-Federal sources
equal in the aggregate to 100 percent of the amount
transferred to the Fund under subsection (b) for the fiscal
year.
(2) Goods and services.--For the purpose of determining the
amount of matching funds, other than money, available to the
Corporation--
(A) the fair market value of goods and services (including
advertising) contributed to the Corporation for use under
this Act may be included in the determination; but
(B) the fair market value of such goods and services may
not account for more than 80 percent of the matching
requirement for the Corporation in any fiscal year.
(3) Right of refusal.--The Corporation may decline to
accept any contribution in kind that it determines to be
inappropriate, not useful, or commercially worthless.
(4) Carryforward.--The amount of any matching funds
received by the Corporation in fiscal year 2009, 2010, or
2011 that cannot be used as matching funds in the fiscal year
in which received may be carried forward and treated as
having been received in the succeeding fiscal year for
purposes of meeting the matching requirement of paragraph (1)
in such succeeding fiscal year.
SEC. 5. TRAVEL PROMOTION FUND FEES.
If a fully automated electronic traveler authorization
system to collect basic biographical information in order to
determine, in advance of travel, the eligibility of an alien
to travel to the United States is implemented, the United
States Government may charge a fee to an applicant for the
use of the system. The amount of any such fee initially shall
be at least $10, plus such amounts as may be necessary to
cover the cost of operating such a system, but may be reduced
thereafter if that amount is not necessary to ensure that the
Corporation is fully funded.
SEC. 6. ASSESSMENT AUTHORITY.
(a) In General.--Except as otherwise provided in this
section, the Corporation may impose an annual assessment on
United States members of the international travel and tourism
industry (other than those described in section 2(b)(1)(D),
(H), or (I)) represented on the Board in proportion to their
share of the aggregate international travel and tourism
revenue of the industry.
(b) Initial Assessment Limited.--The Corporation may
establish the initial assessment after the date of enactment
of the Travel and Tourism Promotion Act at no greater, in the
aggregate, than $20,000,000.
(c) Referenda.--
(1) In general.--The Corporation may not impose an annual
assessment unless--
(A) the Corporation submits the proposed annual assessment
to members of the industry in a referendum; and
(B) the assessment is approved by a majority of those
voting in the referendum.
(3) Procedural requirements.--In conducting a referendum
under this subsection, the Corporation shall--
(A) provide written or electronic notice not less than 60
days before the date of the referendum;
(B) describe the proposed assessment or increase and
explain the reasons for the referendum in the notice; and
(C) determine the results of the referendum on the basis of
weighted voting apportioned according to each business
entity's relative share of the aggregate annual United States
international travel and tourism revenue for the industry per
business entity, treating all related entities as a single
entity.
(d) Collection.--
(1) In general.--The Corporation shall establish a means of
collecting the assessment that it finds to be efficient and
effective. The Corporation may establish a late payment
charge and rate of interest to be imposed on any person who
fails to remit or pay to the Corporation any amount assessed
by the Corporation under this Act.
(2) Enforcement.--The Corporation may bring suit in Federal
court to compel compliance with an assessment levied by the
Corporation under this Act.
(e) Investment of Funds.--Pending disbursement pursuant to
a program, plan, or project, the Corporation may invest funds
collected through assessments, and any other funds received
by the Corporation, only in obligations of the United States
or any agency thereof, in general obligations of any State or
any political subdivision thereof, in any interest-bearing
account or certificate of deposit of a bank that is a member
of the Federal Reserve System, or in obligations fully
guaranteed as to principal and interest by the United States.
SEC. 7. UNDER SECRETARY OF COMMERCE FOR TRAVEL PROMOTION.
(a) In General.--Title II of the International Travel Act
of 1961 (22 U.S.C. 2121 et seq.) is amended by inserting
after section 201 the following:
``SEC. 202. OFFICE OF TRAVEL PROMOTION.
``(a) Office Established.--There is established within the
Department of Commerce an office to be known as the Office of
Travel Promotion.
``(b) Under Secretary for Travel Promotion.--
``(1) In general.--The head of the Office shall be the
Under Secretary of Commerce for Travel Promotion. The Under
Secretary shall be appointed by the President, by and with
the advice and consent of the Senate.
``(2) Qualifications.--The Under Secretary shall--
``(A) be a citizen of the United States; and
``(B) have experience in a field directly related to the
promotion of travel in the United States.
``(3) Limitation on investments.--The Under Secretary may
not own stock in, or have a direct or indirect beneficial
interest in, a corporation or other enterprise engaged in the
travel, transportation, or hospitality business or in a
corporation or other enterprise that owns or operates theme
park or other entertainment facility.
``(c) Function.--The Under Secretary shall--
``(1) serve as liaison to the Corporation for Travel
Promotion established by section 2 of
[[Page S7903]]
the Travel Promotion Act of 2007 and support and encourage
the development of programs to increase the number of
international visitors to the United States for business,
leisure, educational, medical, exchange, and other purposes;
``(2) work with the Corporation, the Secretary of State,
and the Secretary of Homeland Security--
``(A) to disseminate information more effectively to
potential international visitors about documentation and
procedures required for admission to the United States as a
visitor; and
``(B) to ensure that arriving international visitors are
processed efficiently and in a welcoming and respectful
manner;
``(3) support State, regional, and private sector
initiatives to promote travel to and within the United
States;
``(4) supervise the operations of the Office of Travel and
Tourism Industries; and
``(5) enhance the entry and departure experience for
international visitors.
``(d) Reports to Congress.--Within a year after the date of
enactment of the Travel Promotion Act of 2007, and
periodically thereafter as appropriate, the Under Secretary
shall transmit a report to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives
Committee on Energy and Commerce describing the Under
Secretary's work with the Corporation, the Secretary of
State, and the Secretary of Homeland Security to carry out
subsection (c)(2).''.
(b) Conforming Amendments.--
(1) Section 5313 of title 5, United States Code, is amended
by adding at the end the following:
``The Under Secretary of Commerce for Travel Promotion.''.
(2) The International Travel Act of 1961 (22 U.S.C. 2121 et
seq.) is amended by striking ``Commerce (hereafter in this
Act referred to as the `Secretary')'' in section 201 (22
U.S.C. 2122) and inserting ``Commerce, acting through the
Under Secretary for Travel Promotion,''.
SEC. 8. RESEARCH PROGRAM.
Title II of the International Travel Act of 1961 (22 U.S.C.
2121 et seq.), as amended by section 6, is further amended by
inserting after section 202 the following:
``SEC. 203. RESEARCH PROGRAM.
``The Office of Travel and Tourism Industries shall expand
and continue its research and development activities in
connection with the promotion of international travel to the
United States, including--
``(1) expanding access to the official Mexican travel
surveys data to provide the States with traveler
characteristics and visitation estimates for targeted
marketing programs;
``(2) revising the Commerce Department's Survey of
International Travelers questionnaire and report formats to
accommodate a new survey instrument, expanding the respondent
base, improving response rates, and improving market
coverage;
``(3) developing estimates of international travel exports
(expenditures) on a State-by-State basis to enable each State
to compare its comparative position to national totals and
other States;
``(4) evaluate the success of the Corporation in achieving
its objectives and carrying out the purposes of the Travel
Promotion Act of 2007; and
``(5) research to support the annual report required by
section 202(d) of this Act.''.
``(b) Authorization of Appropriations.--There are
authorized to be appropriated to the Secretary of Commerce
for fiscal years 2008 through 2012 such sums as may be
necessary to carry out this section.''.
SEC. 9. DEFINITIONS.
In this Act:
(1) Board.--The term ``Board'' means the board of directors
of the Corporation.
(2) Corporation.--The term ``Corporation'' means the
Corporation for Travel Promotion established by section 2.
(3) Fund.--The term ``Fund'' means the Travel Promotion
Fund established by section 4.
(4) Secretary.--Except as otherwise expressly provided, the
term ``Secretary'' means the Secretary of Commerce.
Mr. INOUYE. Mr. President, the travel and tourism industry is a
driving force for our Nation's economy. In 2006, the industry generated
a $7.3 billion trade surplus. In 2006, international receipts for
travel-related tourism spending reached $107.8 billion. Travel and
tourism supported 8.3 million American jobs in 2006, of which 1.1
million were supported by international travel and tourism. In Hawaii,
tourism is the largest industry bringing in approximately $12 billion
annually, $4 billion of which derives from international visitor
spending.
International tourism brings more than economic returns.
International travelers who visit our country can advance our standing
overseas. Studies have shown that, after visiting the United States and
interacting with Americans, 74 percent of visitors have a more
favorable opinion of our country.
In recent years, overseas travel to the United States has suffered.
In the wake of the September 11, 2001, terrorist attack, the United
States made a number of necessary changes in the visa and entry
processes to improve security, but some of those changes have confused
and deterred visitors from even the friendliest countries. Many in the
travel industry have continued to express concerns about the perception
that the U.S. entry process is unnecessarily antagonistic.
In order to strengthen our competitiveness and recover lost
international market share, we must improve and better explain the
process for travelers coming to America. The world needs to know that
the United States welcomes business and leisure travelers.
In addressing these concerns, and in recognizing the benefits of
travel promotion, I am pleased to join my colleagues, Senator Dorgan
and Vice Chairman Stevens, in introducing the Travel Promotion Act of
2007. The bill establishes a nonprofit, independent corporation charged
with reaching out to potential international travelers, clarifying the
ease of travel to America, and encouraging them to visit. As experts
have testified in hearings before the Commerce Committee, a unified
effort to promote tourism to all areas of the United States is
necessary and cannot be achieved by the industry alone.
The proposed corporation will be run by 14 board members, appointed
by the Secretary of Commerce, who represent all aspects of the travel
industry, including State tourism boards, hotels, and airlines, as well
as the Federal Government. A small fee collected from international
travelers to the United States will help fund the corporation, but its
costs will be truly shared with industry. In order to receive the funds
collected by the Government, the corporation will need to raise
matching funds from the travel industry. By working together, the
Federal and State governments and business will be able to revitalize
the travel industry and make America a stronger and more welcoming
destination.
In most developed countries, the minister of tourism is one of the
most powerful and important positions in the government. For too long,
our Government has relegated travel and tourism to a second tier
status. The bill seeks to improve that status by creating an Under
Secretary of Commerce for Travel Promotion who would work with the
State Department and the Department of Homeland Security, as well as
the corporation, to improve travel promotion efforts and the entry
process for international travelers.
The travel and tourism industry helps drive the U.S. economy. The
Travel Promotion Act of 2007 will enhance our competitiveness while
improving our image abroad, and I urge my colleagues to support this
measure.
______
By Mr. KERRY (for himself and Ms. Snowe):
S. 1662. A bill to amend the Small Business Investment Act of 1958 to
reauthorize the venture capital program, and for other purposes; to the
Committee on Small Business and Entrepreneurship.
Mr. KERRY. Mr. President, today I am introducing legislation with my
colleague, Senator Snowe, to increase access to venture capital for
small businesses. This type of financing is essential to grow a
company, but it's hard to come by, particularly for start-up firms. The
Small Business Administration, SBA, has played an important role in
filling this gap for almost 50 years with the Small Business Investment
Company, SBIC, program.
Since the SBIC program's inception in 1958, SBIC firms have invested
$48 billion in more than 100,000 small businesses. For fiscal year 2006
alone, 30 percent of all SBIC investment dollars went to companies that
had been in business for two years or less. Overall in that year, SBIC
financing supported more than 2,000 small businesses which employed a
total of 286,000 Americans.
Many extremely successful companies that received their start from
SBIC financing are now household names: Intel, Federal Express, Jenny
Craig, and Outback Steakhouse are all SBIC success stories. Companies
receiving SBIC financing have also consistently appeared on a variety
of prominent business lists, including Inc. 500, BusinessWeek's ``Hot
Growth Companies'' and ``Hot Growth Hall of Fame,'' Fortune magazine's
``Best Companies to Work For'' and ``Most Admired Companies,'' and the
FSB 100.
[[Page S7904]]
And they provide tens of thousands of jobs and contribute significantly
to our Federal and local tax bases, paying back the investment many
times over.
Given the important contribution SBIC funds have made to our economy,
our bill reauthorizes the SBIC program for another 3 years, through
2010, ensuring the continued availability of this important small
business financing tool. Additionally, the legislation simplifies the
program's regulations to attract new investors and allow existing
investors to increase their involvement. These provisions will ensure
that dependable capital is available for small businesses for years to
come.
Entrepreneurs may start out small, but the contribution they make to
our economy is huge--and particularly important in underserved
communities. This legislation will also increase the leverage cap for
small businesses owned by women and minorities as well as those located
in low-income areas. It will simplify existing incentives for investing
in the smallest businesses in order to give every entrepreneur a
fighting chance. Finally, we have included a provision which ensures
that SBICs licensed under the participating securities program will be
able to easily make follow-up investments in successful companies.
Small businesses are responsible for more than two-thirds of all new
jobs in America. They employ more than half of the private sector work
force, and pump over $900 billion into the economy annually. As small
business owners are living the American dream, they should be able to
count on the government to help create an environment where they can do
what they do best: innovate, compete, and create good jobs for
Americans.
I thank Senator Snowe for joining me in introducing this bill, and I
ask my colleagues to support it when it comes before the full Senate
for consideration. Mr. President, I ask 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. 1662
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 ``Small Business Venture
Capital Act of 2007''.
SEC. 2. REAUTHORIZATION.
Section 20 of the Small Business Act (15 U.S.C. 631 note)
is amended by inserting after subsection (e) the following:
(1) the terms ``Administration'' and ``Administrator'' mean
the Small Business Administration and the Administrator
thereof, respectively;
(2) the term ``low-income geographic area'' has the same
meaning as in section 351 of the Small Business Investment
Act of 1958 (15 U.S.C. 689), as amended by this Act;
(3) the term ``New Markets Venture Capital company'' has
the same meaning as in section 351 of the Small Business
Investment Act of 1958 (15 U.S.C. 689); and
(4) the term ``New Markets Venture Capital Program'' means
the program under part B of title III of the Small Business
Investment Act of 1958 (15 U.S.C. 689 et seq.).
SEC. 3. DIVERSIFICATION OF NEW MARKETS VENTURE CAPITAL
PROGRAM.
(a) Selection of Companies in Each Geographic Region.--
Section 354 of the Small Business Investment Act of 1958 (15
U.S.C. 689c) is amended by adding at the end the following:
``(f) Geographic Requirement.--In selecting companies to
participate as New Markets Venture Capital companies in the
program established under this part, the Administrator shall
select, to the extent practicable, from among companies
submitting applications under subsection (b), at least 1
company from each geographic region of the Administration.''.
(b) Participation in New Markets Venture Capital Program.--
(1) Administration participation required.--Section 353 of
the Small Business Investment Act of 1958 (15 U.S.C. 689b) is
amended in the matter preceding paragraph (1), by striking
``under which the Administrator may'' and inserting ``under
which the Administrator shall''.
(2) Small manufacturer participation agreements required.--
Section 353 of the Small Business Investment Act of 1958 (15
U.S.C. 689b) is amended--
(A) by striking ``In accordance with this part,'' and
inserting the following:
``(a) In General.--In accordance with this part,'';
(B) in subsection (a)(1), as so designated by this
paragraph, by inserting after ``section 352'' the following:
``(with at least 1 such agreement to be with a company
engaged primarily in development of and investment in small
manufacturers, to the extent practicable)''; and
(C) by adding at the end the following:
``(b) Rule of Construction.--Subsection (a)(1) shall not be
construed to authorize the Administrator to decline to enter
into a participation agreement with a company solely on the
basis that the company is not engaged primarily in
development of and investment in small manufacturers.''.
SEC. 4. ESTABLISHMENT OF OFFICE OF NEW MARKETS VENTURE
CAPITAL.
Title II of the Small Business Investment Act of 1958 (15
U.S.C. 671) is amended by adding at the end the following:
``SEC. 202. OFFICE OF NEW MARKETS VENTURE CAPITAL.
``(a) Establishment.--There is established in the
Investment Division of the Administration, the Office of New
Markets Venture Capital.
``(b) Director.--The Office of New Markets Venture Capital
shall be headed by a Director, who shall be a career
appointee in the Senior Executive Service, as those terms are
defined in section 3132 of title 5, United States Code.
``(c) Responsibilities of Director.--The responsibilities
of the Director of the Office of New Markets Venture Capital
include--
``(1) to administer the New Markets Venture Capital Program
under part B of title III;
``(2) to assess, not less frequently than once every 2
years, the nature and scope of the New Markets Venture
Capital Program and to advise the Administrator on
recommended changes to the program, based on such assessment;
``(3) to work to expand the number of small business
concerns participating in the New Markets Venture Capital
Program; and
``(4) to encourage investment in small manufacturing.''.
SEC. 5. LOW-INCOME GEOGRAPHIC AREAS.
(a) In General.--Section 351 of the Small Business
Investment Act of 1958 (15 U.S.C. 689) is amended--
(1) by striking paragraphs (2) and (3) and inserting the
following:
``(2) Low-income geographic area.--The term `low-income
geographic area' has the meaning given the term `low-income
community' in section 45D of the Internal Revenue Code of
1986 (relating to the new markets tax credit).''; and
(2) by redesignating paragraphs (4) through (8) as
paragraphs (3) through (7), respectively.
(b) Application of Amended Definition to Capital
Requirement.--The definition of a low-income geographic area
in section 351(2) of the Small Business Investment Act of
1958, as amended by subsection (a), shall apply to private
capital raised under section 354(d)(1) of the Small Business
Investment Act of 1958 (15 U.S.C. 689c(d)(1)) before, on, or
after the date of enactment of this Act.
SEC. 6. LIMITATION ON TIME FOR FINAL APPROVAL OF COMPANIES.
Section 354(d) of the Small Business Investment Act of 1958
(15 U.S.C. 689c(d)) is amended by striking ``a period of
time, not to exceed 2 years,'' and inserting ``2 years''.
SEC. 7. APPLICATIONS FOR NEW MARKETS VENTURE CAPITAL PROGRAM.
Not later than 60 days after the date of enactment of this
Act, the Administrator shall prescribe standard documents for
an application for final approval by a New Markets Venture
Capital company under section 354(e) of the Small Business
Investment Act of 1958 (15 U.S.C. 689c(e)). The Administrator
shall ensure that such documents are designed to
substantially reduce the cost burden of the application
process on a company making such an application.
SEC. 8. OPERATIONAL ASSISTANCE GRANTS.
Section 358(a)(4)(A) of the Small Business Investment Act
of 1958 (15 U.S.C. 689g(a)(4)(A)) is amended to read as
follows:
``(A) New markets venture capital companies.--
Notwithstanding section 354(d)(2), the amount of a grant made
under this subsection to a New Markets Venture Capital
company shall be equal to the lesser of--
``(i) 10 percent of the private capital raised by the
company; or
``(ii) $1,000,000.''.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
Section 368(a) of the Small Business Investment Act of 1958
(15 U.S.C. 689q(a)) is amended--
(1) in the matter preceding paragraph (1), by striking
``fiscal years 2001 through 2006'' and inserting ``fiscal
years 2007 through 2010''; and
(2) in paragraph (2), by striking ``$30,000,000'' and
inserting ``$20,000,000''.
Ms. SNOWE. Mr. President, as Ranking Member of the Senate Committee
on Small Business and Entrepreneurship, I rise today to join with
Chairman Kerry in introducing the ``Small Business Venture Capital Act
of 2007,'' a bill to reauthorize and improve the Small Business
Administration's (SBA) Small Business Investment Company (SBIC)
Program. I am deeply committed to supporting our nation's small
businesses by increasing their access to capital. Small businesses
employ more than half (57 percent) of the total private-sector
workforce and are responsible for the creation of more than two-thirds
of all new jobs. Clearly, increasing investments in small businesses is
crucial to our on-going economic success.
This bill, a product of genuine bipartisan negotiation, will reform
and enhance the SBIC program, which is so
[[Page S7905]]
vital to fostering innovation, growth, and job creation in small
businesses throughout our country. SBICs are privately owned and
managed venture capital investment companies that are licensed and
regulated by the SBA. SBICs use their own capital, combined with funds
borrowed from other private investors and supported by an SBA
guarantee, to make equity and debt investments in qualifying small
businesses. The SBA shares in the profits of SBICs. The structure of
the program is unique and has been a model for similar public-private
partnerships around the world.
The program has been successful in mobilizing private venture capital
investment and leveraging private investment with additional funds
supported by SBA guarantees. According to the SBA's annual reports to
Congress, the SBIC program has provided billions in financing to small
businesses since its inception. For example, companies like Staples,
FedEx, Outback Steakhouse, America Online, Costco, Apple Computers, and
Intel have all received SBIC investments at one time in their history.
Each year, financing brought about by the SBIC program allows small
businesses to create or retain tens of thousands of jobs. For example,
during Fiscal Year 2006, the SBIC program invested $2.987 billion in
2,121 small businesses. Of these, 40 percent were located in
government-designated Low and Moderate Income (LMI) areas of the
county. Those LMI-district companies received $669 million of the total
dollars invested by SBICs in 2006. Since its beginning in 1958, the
SBIC program has provided approximately $48 billion of long-term debt
and equity capital to more than 100,000 small businesses. In fact, in
my home State of Maine, SBICs invested nearly $21 million during FY
2006.
A key proposal in this bill is a technical change made to simplify
the maximum leverage limits contained in the current statute. Under
current law, the maximum leverage cap or the maximum amount of
government-guaranteed capital an SBIC can control for Fiscal Year 2007,
is $127.2 million for any one SBIC or for multiple SBICs controlled by
the same management team. The cap increases automatically on an annual
basis by the percentage increase in the Consumer Price Index (CPI). The
problem with current law is that because the leverage cap applies to a
whole family of SBICs, it is often impossible for a successful SBIC to
operate a second or third fund due to a lack of available leverage.
Additional leverage would remedy this issue. Accordingly, the bill
increases the leverage cap for anyone fund to $150 million, and the cap
for multiple funds held under one management team to $225 million.
Furthermore, this bill will increase leverage available for
investment in minority- and women-owned businesses, which are having
trouble accessing SBIC dollars. In Fiscal Year 2004, minority-owned
firms received 5.2 percent of financing dollars. Women-owned businesses
obtained just 2.2 percent of financing dollars. To try to increase
financing available to such small businesses, the bill increases
leverage limits to $175 million for a single fund and $250 million for
a group of funds held under an SBIC license if the SBIC certifies that
at least 50 percent of its investments are made in companies that are
owned by either women or minorities, or are located in a low-income
geographic area.
Mr. President, I urge my colleagues to support this bill. Too much is
at stake for small businesses, and the economy as a whole, to allow
this critical legislation to languish. Failing to advance this bill
would diminish our chances for innovation, and stifle the
entrepreneurial opportunities this program has and will continue to
produce.
______
By Mr. KERRY (for himself and Ms. Snowe):
S. 1663. A bill to amend the Small Business Investment Act of 1958 to
reauthorize the New Markets Venture Capital Program, and for other
purposes; to the Committee on Small Business and Entrepreneurship.
Mr. KERRY. Mr. President, in addition to introducing a bill to
reauthorize the Small Business Investment Company, SBIC, program,
Senator Snowe and I are introducing a bill to extend the New Markets
Venture Capital, NMVC, program. The Securing Equity for the Economic
Development of Low Income Areas Act of 2007, or the SEED Act, is
important to states like Massachusetts and Maine.
Both of our States are home to pioneers in the field of development
venture capital, which uses the discipline of traditional venture
investing to focus on economic development in low-income areas. We know
the benefits of this type of investment and believe the model should be
expanded to other parts of the country.
Our support is not new. In my case, I was the sponsor of the
Community Development and Venture Capital Act of 1999, which created
the New Markets Venture Capital program. Its purpose was to stimulate
economic development through public-private partnerships that invest
venture capital in smaller businesses located in impoverished rural and
urban areas or that employ low-income people.
Both innovative and fiscally sound, this program was built on two of
the Small Business Administration's most popular programs. It developed
a financial structure similar to that of the successful Small Business
Investment Company, SBIC, program, mentioned earlier, while also
incorporating a technical assistance component similar to that of SBA's
microloan program.
However, unlike the SBIC program, which focuses on small businesses
with high-growth potential, the New Markets Venture Capital program
focuses on small businesses that show promise of both financial and
social returns--what is referred to as a ``double bottom line.'' These
businesses have special needs, and they tend to want intensive, ongoing
financial, management and marketing assistance, be higher risk, and
need longer periods to pay back money than SBIC investments. However,
they more than balance out the equation by providing good, stable jobs
and creating wealth in our neediest communities.
Unfortunately, the program expired in 2006, and it has been operating
under temporary authority since then. The SEED Act seeks to
reauthorize, expand, and improve this important program.
First, the bill will reauthorize the program for the next 3 years
until 2010, making it possible for the SBA to license up to 20 more New
Markets Venture Capital funds. Those funds will have the potential to
invest $250 million in small businesses in low-income areas, by
leveraging $150 million in debentures. Building on experiences with
this program and the Rural Business Investment Company Program, which
proved the matching requirement unreasonable and inefficient, the bill
changes the operational assistance grants so that firms can get up to
$1 million in funding in order to provide the companies they invest in
with management assistance services. This support is absolutely
necessary to make their business a success. Also important to making
future funds successful, we have clarified that new markets venture
capital companies have two years to raise their private capital. The
committee has been troubled by the Agency's interpretation of the NMVC
statute, which they viewed as giving SBA the authority to choose how
much time it can give conditionally approved NMVCs to raise private-
sector matching money. The chosen time frames were unreasonable and not
what Congress intended. This bill clarifies that they get the full 2
years to raise the money. The bill also establishes an office of new
markets venture capital so that there are resources devoted to its
management and oversight, something lacking in past years. And to try
to expand the reach of development capital in other parts of the
country, the bill requires the SBA, to the extent practicable, to try
and license funds in each of the Agency's ten regions, so that there is
diversity. And it requires the SBA, to the extent practicable, to try
and license a fund that focuses on investments in small manufacturers,
as a way to help stem the loss of manufacturing in this country.
On behalf of the Nation's small businesses and entrepreneurs, I urge
my colleagues to support this important legislation. Mr. President, I
ask that the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
[[Page S7906]]
S. 1663
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 ``Securing Equity for the
Economic Development of Low Income Areas Act of 2007'' or the
``SEED Act''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the terms ``Administration'' and ``Administrator'' mean
the Small Business Administration and the Administrator
thereof, respectively;
(2) the term ``low-income geographic area'' has the same
meaning as in section 351 of the Small Business Investment
Act of 1958 (15 U.S.C. 689), as amended by this Act;
(3) the term ``New Markets Venture Capital company'' has
the same meaning as in section 351 of the Small Business
Investment Act of 1958 (15 U.S.C. 689); and
(4) the term ``New Markets Venture Capital Program'' means
the program under part B of title III of the Small Business
Investment Act of 1958 (15 U.S.C. 689 et seq.).
SEC. 3. DIVERSIFICATION OF NEW MARKETS VENTURE CAPITAL
PROGRAM.
(a) Selection of Companies in Each Geographic Region.--
Section 354 of the Small Business Investment Act of 1958 (15
U.S.C. 689c) is amended by adding at the end the following:
``(f) Geographic Requirement.--In selecting companies to
participate as New Markets Venture Capital companies in the
program established under this part, the Administrator shall
select, to the extent practicable, from among companies
submitting applications under subsection (b), at least 1
company from each geographic region of the Administration.''.
(b) Participation in New Markets Venture Capital Program.--
(1) Administration participation required.--Section 353 of
the Small Business Investment Act of 1958 (15 U.S.C. 689b) is
amended in the matter preceding paragraph (1), by striking
``under which the Administrator may'' and inserting ``under
which the Administrator shall''.
(2) Small manufacturer participation agreements required.--
Section 353 of the Small Business Investment Act of 1958 (15
U.S.C. 689b) is amended--
(A) by striking ``In accordance with this part,'' and
inserting the following:
``(a) In General.--In accordance with this part,'';
(B) in subsection (a)(1), as so designated by this
paragraph, by inserting after ``section 352'' the following:
``(with at least 1 such agreement to be with a company
engaged primarily in development of and investment in small
manufacturers, to the extent practicable)''; and
(C) by adding at the end the following:
``(b) Rule of Construction.--Subsection (a)(1) shall not be
construed to authorize the Administrator to decline to enter
into a participation agreement with a company solely on the
basis that the company is not engaged primarily in
development of and investment in small manufacturers.''.
SEC. 4. ESTABLISHMENT OF OFFICE OF NEW MARKETS VENTURE
CAPITAL.
Title II of the Small Business Investment Act of 1958 (15
U.S.C. 671) is amended by adding at the end the following:
``SEC. 202. OFFICE OF NEW MARKETS VENTURE CAPITAL.
``(a) Establishment.--There is established in the
Investment Division of the Administration, the Office of New
Markets Venture Capital.
``(b) Director.--The Office of New Markets Venture Capital
shall be headed by a Director, who shall be a career
appointee in the Senior Executive Service, as those terms are
defined in section 3132 of title 5, United States Code.
``(c) Responsibilities of Director.--The responsibilities
of the Director of the Office of New Markets Venture Capital
include--
``(1) to administer the New Markets Venture Capital Program
under part B of title III;
``(2) to assess, not less frequently than once every 2
years, the nature and scope of the New Markets Venture
Capital Program and to advise the Administrator on
recommended changes to the program, based on such assessment;
``(3) to work to expand the number of small business
concerns participating in the New Markets Venture Capital
Program; and
``(4) to encourage investment in small manufacturing.''.
SEC. 5. LOW-INCOME GEOGRAPHIC AREAS.
(a) In General.--Section 351 of the Small Business
Investment Act of 1958 (15 U.S.C. 689) is amended--
(1) by striking paragraphs (2) and (3) and inserting the
following:
``(2) Low-income geographic area.--The term `low-income
geographic area' has the meaning given the term `low-income
community' in section 45D of the Internal Revenue Code of
1986 (relating to the new markets tax credit).''; and
(2) by redesignating paragraphs (4) through (8) as
paragraphs (3) through (7), respectively.
(b) Application of Amended Definition to Capital
Requirement.--The definition of a low-income geographic area
in section 351(2) of the Small Business Investment Act of
1958, as amended by subsection (a), shall apply to private
capital raised under section 354(d)(1) of the Small Business
Investment Act of 1958 (15 U.S.C. 689c(d)(1)) before, on, or
after the date of enactment of this Act.
SEC. 6. LIMITATION ON TIME FOR FINAL APPROVAL OF COMPANIES.
Section 354(d) of the Small Business Investment Act of 1958
(15 U.S.C. 689c(d)) is amended by striking ``a period of
time, not to exceed 2 years,'' and inserting ``2 years''.
SEC. 7. APPLICATIONS FOR NEW MARKETS VENTURE CAPITAL PROGRAM.
Not later than 60 days after the date of enactment of this
Act, the Administrator shall prescribe standard documents for
an application for final approval by a New Markets Venture
Capital company under section 354(e) of the Small Business
Investment Act of 1958 (15 U.S.C. 689c(e)). The Administrator
shall ensure that such documents are designed to
substantially reduce the cost burden of the application
process on a company making such an application.
SEC. 8. OPERATIONAL ASSISTANCE GRANTS.
Section 358(a)(4)(A) of the Small Business Investment Act
of 1958 (15 U.S.C. 689g(a)(4)(A)) is amended to read as
follows:
``(A) New markets venture capital companies.--
Notwithstanding section 354(d)(2), the amount of a grant made
under this subsection to a New Markets Venture Capital
company shall be equal to the lesser of--
``(i) 10 percent of the private capital raised by the
company; or
``(ii) $1,000,000.''.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
Section 368(a) of the Small Business Investment Act of 1958
(15 U.S.C. 689q(a)) is amended--
(1) in the matter preceding paragraph (1), by striking
``fiscal years 2001 through 2006'' and inserting ``fiscal
years 2007 through 2010''; and
(2) in paragraph (2), by striking ``$30,000,000'' and
inserting ``$20,000,000''.
Ms. SNOWE. Mr. President, as ranking member of the Senate Committee
on Small Business and Entrepreneurship, I rise today to join with
Chairman Kerry in introducing the Securing Equity for the Economic
Development of Low Income Areas Act of 2007, a bill to reauthorize the
New Markets Venture Capital, NMVC, Program. The NMVC program
specializes in providing investment dollars to small businesses in
underserved, low-wealth urban and rural communities.
Selected by the SBA through a competitive process, NMVC companies are
privately owned and managed for-profit entities. They use their own
private capital plus debentures obtained at favorable rates with SBA
guarantees for investing. In addition, they provide technical
assistance to the low-income enterprises in which they invest or intend
to invest, by using private resources matched by the SBA in the form of
operational assistance grants. While the Consolidated Appropriations
Act of 2001, which established the program, contemplated 15 NMVC
companies, unfortunately, only six NMVC companies have received final
approval.
Despite the shortfall in the final numbers of approved companies, the
NMVC program has achieved some remarkable success since Congress
created it in 2000. According to the Community Development Venture
Capital Alliance, as of March 31, 2006, the six NMVC companies had
invested more than $13.4 million of capital into 29 small businesses.
Not only have the NMVC Companies brought investment dollars to
underinvested areas, but they have also created or maintained 1,626
jobs in low-income communities.
Although the statistics I have just cited pertain to the entire
Nation, I want to share an example of how the NMVC program has been a
tremendous benefit to my home State of Maine. In 2003, Mike Cote
purchased Look's Canning Company in Whiting, ME, which had become one
of the last of what had been dozens of canneries along Maine's coast.
After changing the canning company's name to Look's Gourmet Food
Company, Mike worked with Wiscasset, Maine, based Coastal Enterprises,
Inc., a New Markets Venture Capital Company, to help grow the business.
Look's Gourmet Food Company is now thriving by selling all-natural,
high-quality, shelf-stable seafood products under the ``Bar Harbor T''
and ``Atlantic T'' brands all over the country. As Look's took off, it
was able to create 18 new jobs with benefits in Maine's Washington
County. That's no small feat for a company doing business in a county
that had a 9.1 percent unemployment rate in February, the highest in
Maine and more than double the national average. The bill introduced
today will go a long way to assisting many low-income communities
across America.
Other than reauthorizing the NMVC Program, this bill will make other
changes to ensure the program is given the full opportunity to achieve
its full potential. For example, the bill will
[[Page S7907]]
conform the definition of ``low-income geographic area'' used in the
NMVC program to the definition of a ``low-income community'' as defined
by the New Markets Tax Credit, NMTC, program. This amendment is
beneficial because many investors participate in both the NMVC and NMTC
programs, and a uniform definition between the two programs would
improve coordination between the two programs. This change would allow
NMVC companies to invest in businesses that benefit a low-income
population, as well as businesses located in low-income census tracts.
This flexibility to serve low income ``targeted populations'' would be
particularly important for NMVC companies operating in states like
Maine which have large rural areas with dispersed populations.
Additionally, the bill ensures that all existing NMVC companies can
take advantage of the amended targeting for investments made with the
capital they have already raised.
The entrepreneurial spirit of our 26 million small businesses dates
back to our Nation's founding. Small businesses are the cornerstone of
economic growth and job creation, and it is critical that we support
the NMVC program that enables aspiring entrepreneurs to obtain the
crucial financing dollars they need to start and grow their businesses.
As ranking member of the Senate Committee on Small Business and
Entrepreneurship, I have long fought to ensure the success and vitality
of our country's small business sector. An investment in small business
is an investment in the long-term economic prosperity of America, and I
encourage my colleagues to support this vital legislation.
____________________