[Congressional Record Volume 153, Number 109 (Tuesday, July 10, 2007)]
[Senate]
[Pages S8946-S8949]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. CASEY (for himself and Mr. Specter):
  S. 1755. A bill to amend the Richard B. Russell National School Lunch 
Act to make permanent the summer food service pilot project for rural 
areas of Pennsylvania and apply the program to rural areas of every 
State; to the Committee on Agriculture, Nutrition, and Forestry.
  Mr. CASEY. Mr. President, I rise today to introduce the Summer Food 
Service Rural Expansion Act. This bill will provide critical meals to 
children living in poverty in rural areas. I am pleased to introduce 
this bill with Senator Specter. Congressman Platts is introducing 
companion legislation in the House of Representatives.
  During the summer, low-income children lose their access to regular 
daily school meals. The Summer Food Service Program is intended to help 
fill this nutritional gap by providing summer meals to children from 
low-income families who receive school meals.
  For those of my colleagues who do not know much about the Summer Food 
Service Program, it was authorized through the National School Lunch 
Act of 1968. The program allows the U.S. Department of Agriculture to 
provide grants to nonprofit food service programs that in turn provide 
meals for children from low-income families through sites such as 
nonprofit schools, local governments, and nonprofit summer camps. Yet, 
despite the best efforts of this program, only 2 in 10 low-income 
children who receive school lunch also receive summer food when school 
is out. So where do these children get food? Sadly, the answer is that 
many of them go hungry.
  Traditionally, the majority of sponsors and sites participating in 
the Summer Food Service Program have tended to be located in urban 
areas. As we know, however, hunger is not just an urban issue. Thanks 
to the tremendous effort by Congressman Platts, the Child Nutrition Act 
of 2004 recognized the void of such programs in predominantly rural 
areas and established a 2-year pilot program to increase participation 
rates in rural communities.
  The existing Summer Food Service Program is available to areas in 
which at least 50 percent of the children are eligible for free or 
reduced price school meals. However, to encourage more sponsors and 
more sites to participate in the program, the pilot allowed that 
threshold to be reduced to 40 percent in rural communities.
  The pilot, which ran in my home state during calendar years 2005 and 
2006, was a tremendous success. During the first year of the pilot 
program, 20 sponsors offered 40 meal sites in rural areas. Of the 
sponsors, 8 were new sponsors of the program and 12 were sponsors in 
the prior years who added meal sites. During the first year of the 
program, the total numbers of meals served in rural communities 
increased by 73,000 meals, or 11 percent over the previous year. By the 
second year, there were 9 new sponsors, 16 returning sponsors, and 77 
pilot sites; and the number of meals served increased over the previous 
year by an additional 4.3 percent, or 31,000 meals.
  Unfortunately, because of the expiration of the pilot program, 37 of 
the sites established under the pilot will not be able to participate 
this summer. That means nearly half of the children who participated in 
this program over the past 2 years will no longer be able to count on 
receiving nutritious meals during the summer months.
  For this reason, I am introducing legislation to help not only the 
children of Pennsylvania, but also the needy children in rural areas of 
every single State who deserve access to nutritious lunches during the 
summer months.
  Through this bill, the Summer Food Service Pilot Program for rural 
areas would become a permanent program and would apply to rural areas 
of every State beginning in calendar year 2007 and each calendar year 
thereafter. Through this bill, the numbers of children participating in 
the program will dramatically increase, and needy children in rural 
areas throughout the country will receive nutritious meals they might 
not otherwise get during the summer months.
  I urge all of my colleagues to join in the effort to combat childhood 
hunger in rural areas by cosponsoring the Summer Food Service Rural 
Expansion Act.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1755

       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 ``Summer Food Service Rural 
     Expansion Act''.

     SEC. 2. SUMMER FOOD SERVICE PILOT PROGRAM FOR RURAL AREAS OF 
                   PENNSYLVANIA MADE PERMANENT AND APPLIED TO 
                   RURAL AREAS OF EVERY STATE.

       Section 13(a)(9) of the Richard B. Russell National School 
     Lunch Act (42 U.S.C. 1761(a)(9)) is amended--
       (1) in the paragraph heading by striking ``Exemption'' and 
     inserting ``Applicability to rural areas''; and
       (2) in subparagraph (A), by striking ``For each of calendar 
     years 2005 and 2006 in rural areas of the State of 
     Pennsylvania'' and inserting ``For calendar year 2007 and 
     each calendar year thereafter, in rural areas of a State''.
                                 ______
                                 
      By Mr. BINGAMAN (for himself, Mr. Domenici, Mr. Akaka, and Ms. 
        Murkowski) (by request):
  S. 1756. A bill to provide supplemental ex gratia compensation to the 
Republic of the Marshall Islands for impacts of the nuclear testing 
program of the United States, and for other purposes; to the Committee 
on Energy and Natural Resources.
  Mr. BINGAMAN. Mr. President, today, I am pleased to introduce the 
Republic of the Marshall Islands Supplemental Nuclear Compensation Act 
at the request of the President of the Republic of the Marshall 
Islands, the Honorable Kessai Note. For over 50 years, the Committee on 
Energy and Natural Resources, and its predecessor committees, have 
worked with the government of the Marshall Islands to respond to the 
tragic consequences of the U.S. nuclear weapons tests that were 
conducted in the islands from 1946 to 1958, when the islands were a 
district of the U.S.-administered, U.N. Trust Territory of the Pacific 
Islands.
  The U.S. nuclear testing program raises powerful emotions, and 
difficult legal and political issues which complicate discussion. Of 
particular concern to some is that the question of the adequacy of the 
compensation paid by the U.S. is now before the U.S. Court of Claims. 
On May 10, I met with President Note during his trip to Washington and 
we discussed our shared desire to move forward on several issues. We 
agreed that is it important for our nations to continue to work 
together on other matters which are not in litigation, such as possible 
adjustments to programs that are important to the communities affected 
by the tests.
  I compliment President Note for his leadership, and for his 
thoughtful recommendation on how to approach these sensitive issues. 
The President proposed the introduction of legislation, at his request, 
that would propose solutions on several issues that are not before the 
court. This would allow the

[[Page S8947]]

committee to hear formally from the administration and from the RMI 
government on whether the proposals should be adopted, or whether to 
consider alternatives. I concur in this approach along with several of 
my colleagues on the committee and we are committed to working with the 
RMI and the administration to seek agreement.
  It is important to note that any further compensation provided by the 
U.S. under this act would be made on an ex gratia basis. U.S. 
administration of the RMI ended in 1986 when the RMI gained sovereign 
self-government pursuant to the Compact of Free Association, as 
approved by the Compact Act, P.L. 99-239. The compact provides two 
methods of compensation, under the legal settlement and under an 
authorization for ex gratia assistance. Section 177 of the compact 
approved a legal settlement which provided: a $150 million Nuclear 
Claims Trust Fund; the establishment of the Nuclear Claims Tribunal to 
adjudicate claims and pay awards; and it allows the RMI to request 
additional compensation if there are ``changed circumstances,'' that 
is, if information and injuries come to light after the settlement date 
which renders compensation under the settlement inadequate. Congress 
also included an authorization, under subsection 105(c) of the Compact 
Act, for additional ex gratia compensation to the communities of the 
northern atolls of Bikini, Enewetak, Rongelap and Utrik, and for 
supplemental health care.
  In 2000, the RMI submitted a petition to Congress contending that 
there have been ``changed circumstances'' and requesting some $3 
billion for payment of the Tribunal's personal injury awards, 
replenishment of the Trust Fund, payment of the Tribunal's property 
damage awards, funding for national health care infrastructure and 
operations, and monitoring of Runit Island in Enewetak Atoll by a U.S. 
agency.
  In 2005, the Committee on Energy and Natural Resources held a hearing 
on the petition, S. Hrg. 109-178, and the administration testified in 
opposition to additional compensation on the basis that the requests 
did not meet the necessary legal tests: that injuries or damage must be 
a result of the nuclear tests; that they have arisen or been discovered 
after the effective date of the settlement; and that they could not 
reasonably have been identified as of the effective date of the 
settlement. The administration and other witnesses also questioned the 
RMI's contention that radiation affected an area beyond the four 
northern atolls of the Marshall Islands, and questioned the policies 
and methodologies used by the Tribunal in determining eligibility for 
compensation and the amount of awards. Nevertheless, the report by the 
administration on the RMI petition noted that, while certain requests 
do not qualify as changed circumstances, ``such programs might be 
desirable''.
  The legislation being introduced today has provisions regarding four 
such requests for assistance that I agree with President Note should be 
given consideration by the Congress.
  Runit Island: Between 1977 and 1980, the U.S. conducted a cleanup of 
some of the contaminated areas of Enewetak Atoll where 43 tests were 
conducted. Some of the contaminated soil and debris was relocated to 
Runit Island, mixed with concrete, and placed in Cactus crater that had 
been formed by one of the tests. Under the compact's nuclear claims 
settlement, the Marshall Islands accepted full legal responsibility 
for, and control over the utilization of areas in the Marshall Islands 
affected by the testing. In addition, however, the 1986 Compact Act, 
P.L. 99-239, reaffirmed the 1980 authorization, under P.L. 96-205, for 
a program now operated by the U.S. Department of Energy, DOE, for 
medical care and environmental monitoring relating to the testing 
program. Since then, the people of Enewetak Atoll have from time-to-
time asked DOE to include monitoring of conditions at Runit within the 
scope of DOE's environmental monitoring program in order to assure the 
people living on other islands in Enewetak Atoll that there is no 
health risk from the material at Runit. DOE's whole body measurements 
of people living in the atoll shows that there is no increased risk and 
DOE has indicated that additional surveys should be carefully 
considered by Congress. Section 2 of this act would direct the 
Secretary of Energy, as a part of the existing monitoring program, to 
periodically survey radiological conditions regarding Runit and report 
to the Congress.
  Energy Employees Occupational Illness Compensation Program, EEOICPA: 
This program was enacted in 2001 to provide compensation for DOE and 
contractor employees associated with the Nation's nuclear weapons 
program. During Senate debate, I submitted a list of facilities 
intended to be covered which included ``Marshall Islands Test Sites, 
but only for the period after December 31, 1958.'' However, the 75 
Marshall Islands citizens who applied to the program were denied on the 
basis that Congress did not intend the law to cover those who were not 
U.S. citizens. I believe that this was an incorrect reading of 
Congressional intent and I can find nothing in the statute or 
legislative history that supports this conclusion. It is important to 
recognize that during the testing and clean-up period the Marshall 
Islands was a district of the U.S.-administered, U.N. Trust Territory 
of the Pacific Islands, and that the U.S. and its contractors employed 
workers from the Marshall Islands and from neighboring Districts in the 
Trust Territory.
  Section 3 of this act would clarify that former Trust Territory 
citizens are eligible, and it would coordinate benefits with the 
Compact of Free Association so that if a person received compensation 
under the compact, that amount would be deducted from any award 
received under the EEOICPA.
  Four Atoll Health Care Program: Section 177 of the Compact approved 
the legal settlement of claims resulting from the nuclear testing 
program and provided $150 million to capitalize the Trust Fund. Among 
the uses for these funds was an allocation of $2 million annually to 
provide health care for those communities most affected by the tests: 
Enewetak, Bikini, Rongelap and Utrik. However, practical problems 
developed with the program. First, enrollment was expanded beyond those 
members of the communities who were likely to have been exposed to 
radiation, so that the funds available for each beneficiary was 
significantly reduced. Second, the Fund became depleted and the $2 
million annual payment was terminated in 2003. To continue some level 
of service under the program, the RMI and the U.S. Congress continued 
to contribute funds on a discretionary basis until a longer-term 
solution could be developed. During a trip to the RMI in the summer of 
2006, Senate staff met with officials of the RMI Ministry of Health and 
of the 177 Healthcare Program and outlined a possible new approach for 
supplemental health care. Instead of providing benefits to a pool of 
enrolled beneficiaries, the funding would be targeted geographically to 
support a primary care clinic in each of the affected communities. This 
approach has the advantage of assuring primary health care in these 
remote outer island communities and of avoiding the problem of over-
subscription of the program in the urban centers where hospital 
facilities are available.
  Section 4 of the bill would authorize $2 million annually through 
2023 for the continuation of this approach of supporting health care 
clinics in the outer island communities most affected by the tests. I 
believe that this proposal is an appropriate place to continue the 
discussion with the RMI and U.S. officials on how supplemental health 
care assistance to the RMI could most effectively be used in the future 
to meet the needs of affected communities.
  Impact Assessment: Underlying the debate between the U.S. and the RMI 
regarding compensation for injuries resulting from the testing program 
is a fundamental dispute over the extent of the affected area. The U.S. 
believes that the effects were practically limited to the four northern 
atolls of Rongelap, Utrik, Bikini, and Enewetak. However, the RMI and 
the Nuclear Claims Tribunal took the position that all 1958 residents 
of the RMI would be eligible to file claims for injuries resulting from 
the tests. Section 5 of the bill is intended to resolve this dispute by 
having the National Academy of Sciences conduct an assessment of the 
health impacts of the testing program.

[[Page S8948]]

  It is my intention to hold a hearing on the bill later this year. I 
look forward to continuing to work with President Note, my colleagues, 
and the administration on these proposals to respond, in part, to the 
legacy of our Nation's nuclear testing program in the Islands.
  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. 1756

       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 ``Republic of the Marshall 
     Islands Supplemental Nuclear Compensation Act of 2007''.

     SEC. 2. CONTINUED MONITORING ON RUNIT ISLAND.

       Section 103(f)(1) of the Compact of Free Association 
     Amendments Act of 2003 (48 U.S.C. 1921b(f)(1)) is amended--
       (1) by striking ``Notwithstanding'' and inserting the 
     following:
       ``(A) In general.--Notwithstanding''; and
       (2) by adding at the end the following:
       ``(B) Continued monitoring on runit island.--
       ``(i) In general.--Effective beginning January 1, 2008, the 
     Secretary of Energy shall, as a part of the Marshall Islands 
     program conducted under subparagraph (A), periodically (but 
     not less frequently than every 4 years) survey radiological 
     conditions on Runit Island.
       ``(ii) Report.--The Secretary shall submit to the Committee 
     on Energy and Natural Resources of the Senate, and the 
     Committee on Natural Resources of the House of 
     Representatives, a report that describes the results of each 
     survey conducted under clause (i), including any significant 
     changes in conditions on Runit Island.''.

     SEC. 3. CLARIFICATION OF ELIGIBILITY UNDER ENERGY EMPLOYEES 
                   OCCUPATIONAL ILLNESS COMPENSATION PROGRAM ACT 
                   OF 2000.

       (a) Definitions for Program Administration.--Section 3621 
     of the Energy Employees Occupational Illness Compensation 
     Program Act of 2000 (42 U.S.C. 7384l) is amended by adding at 
     the end the following:
       ``(18) The terms `covered employee', `atomic weapons 
     employee', and `Department of Energy contractor employee' (as 
     defined in paragraphs (1), (3), and (11), respectively) 
     include a citizen of the Trust Territory of the Pacific 
     Islands who is otherwise covered by that paragraph.''.
       (b) Definition of Covered DOE Contractor Employee.--Section 
     3671(1) of the Energy Employees Occupational Illness 
     Compensation Program Act of 2000 (42 U.S.C. 7385s(1)) is 
     amended by inserting before the period at the end the 
     following: ``, including a citizen of the Trust Territory of 
     the Pacific Islands who is otherwise covered by this 
     paragraph''.
       (c) Coordination of Benefits With Respect to the Compact of 
     Free Association.--Subtitle E of the Energy Employees 
     Occupational Illness Compensation Program Act of 2000 (42 
     U.S.C. 7385s et seq.) is amended by inserting after section 
     3682 (42 U.S.C. 7385s-11) the following:

     ``SEC. 3682A. COORDINATION OF BENEFITS WITH RESPECT TO THE 
                   COMPACT OF FREE ASSOCIATION.

       ``(a) Definition of Compact of Free Association.--In this 
     section, the term `Compact of Free Association' means--
       ``(1) the Compact of Free Association between the 
     Government of the United States of America and the 
     Governments of the Marshall Islands and the Federated States 
     of Micronesia (48 U.S.C. 1901 note); and
       ``(2) the Compact of Free Association between the 
     Government of the United States of America and the Government 
     of Palau (48 U.S.C. 1931 note).
       ``(b) Coordination.--Subject to subsection (c), an 
     individual who has been awarded compensation under this 
     subtitle, and who has also received compensation benefits 
     under the Compact of Free Association by reason of the same 
     covered illness, shall receive the compensation awarded under 
     this subtitle reduced by the amount of any compensation 
     benefits received under the Compact of Free Association, 
     other than medical benefits and benefits for vocational 
     rehabilitation that the individual received by reason of the 
     covered illness, after deducting the reasonable costs (as 
     determined by the Secretary) of obtaining those benefits 
     under the Compact of Free Association.
       ``(c) Waiver.--The Secretary may waive the application of 
     subsection (b) if the Secretary determines that the 
     administrative costs and burdens of applying subsection (b) 
     to a particular case or class of cases justifies the 
     waiver.''.

     SEC. 4. FOUR ATOLL HEALTH CARE PROGRAM.

       Section 103(h) of the Compact of Free Association 
     Amendments Act of 2003 (48 U.S.C. 1921b(h)) is amended by 
     adding at the end the following:
       ``(4) Supplemental health care funding.--
       ``(A) In general.--In addition to amounts provided under 
     section 211 of the U.S.-RMI Compact (48 U.S.C. 1921 note), 
     the Secretary of the Interior shall annually use the amounts 
     made available under subparagraph (B) to supplement health 
     care in the communities affected by the nuclear testing 
     program of the United States, including capital and 
     operational support of outer island primary healthcare 
     facilities of the Ministry of Health of the Republic of the 
     Marshall Islands in the communities of--
       ``(i) Enewetak Atoll,
       ``(ii) Kili (until the resettlement of Bikini);
       ``(iii) Majetto Island in Kwajalein Atoll (until the 
     resettlement of Rongelap Atoll); and
       ``(iv) Utrik Atoll.
       ``(B) Funding.--As authorized by section 105(c), there is 
     appropriated to the Secretary of the Interior, out of funds 
     in the Treasury not otherwise appropriated, to carry out this 
     paragraph $2,000,000 for each of fiscal years 2007 through 
     2023, as adjusted for inflation in accordance with section 
     218 of the U.S.-FSM Compact and the U.S.-RMI Compact, to 
     remain available until expended.''.

     SEC. 5. ASSESSMENT OF HEALTH CARE NEEDS OF THE MARSHALL 
                   ISLANDS.

       (a) In General.--The Secretary of the Interior shall enter 
     into an agreement with the National Academy of Sciences under 
     which the National Academy of Sciences shall conduct an 
     assessment of the health impacts of the United States nuclear 
     testing program conducted in the Republic of the Marshall 
     Islands on the residents of the Republic of the Marshall 
     Islands.
       (b) Report.--On completion of the assessment under 
     subsection (a), the National Academy of Sciences shall submit 
     to Congress, the Secretary, the Committee on Energy and 
     Natural Resources of the Senate, and the Committee on Natural 
     Resources of the House of Representatives, a report on the 
     results of the assessment.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.
                                 ______
                                 
      By Mr. KENNEDY (for himself, Mr. Harkin, and Mr. Dodd):
  S. 1758. A bill to amend the Public Health Service Act to help 
individuals with functional impairments and their families pay for 
services and supports that they need to maximize their functionality 
and independence and have choices about community participation, 
education, and employment, and for other purposes; to the Committee on 
Finance.
  Mr. KENNEDY. Mr. President, I rise today to introduce the Community 
Living Assistance Services and Supports Act, the CLASS Act. This 
important piece of legislation builds on the promise and possibilities 
of the Americans with Disabilities Act by helping the large numbers of 
Americans who struggle every day to live productive lives in their 
communities.
  Too many Americans are perfectly capable of living a life in the 
community, but are denied the supports they need.
  They languish in needless circumstances with no choice about how or 
where to obtain these services.
  Too often, they have to give up the American Dream, the dignity of a 
job, a home, and a family, so they can qualify for Medicaid, the only 
program that will support them.
  The bill we propose is a long overdue effort to offer greater 
dignity, greater hope, and greater opportunity.
  It makes a simple pact with all Americans--``If you work hard and 
contribute, society will take care of you when you fall on hard 
times.''
  The concept is clear, everyone can contribute and everyone can win. 
We all benefit when no one is left behind.
  For only $30 a month, a person who pays into the program will receive 
either $50 or $100 a day, based on their ability to carry out basic 
daily activities.
  They themselves will decide how this assistance will be spent, on 
transportation so they can stay employed, or on a ramp to make their 
home more accessible, or to cover the cost of a personal care attendant 
or a family caregiver.
  It will help keep families together, instead of being torn apart by 
obstacles that discourage them from staying at home.
  The bill will strengthen job opportunities for people with 
disabilities at a time when 70 percent are unemployed. They have so 
much to contribute and the bill will help them do it.
  It will save on the mushrooming health care costs for Medicaid, the 
Nation's primary insurer of long-term care services, which also forces 
beneficiaries to give up their jobs and live in poverty before they 
become eligible for assistance.
  The CLASS Act is a hopeful new approach to restoring independence and 
choice for millions of these persons and enabling them to take greater 
control of their lives.
  It is time to respect the rights and dignity of all Americans, and I 
look

[[Page S8949]]

forward to working with my colleagues to see this bill enacted into 
law.

                          ____________________