[Congressional Record Volume 153, Number 116 (Thursday, July 19, 2007)]
[Senate]
[Pages S9615-S9624]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. OBAMA:
  S. 1818. A bill to amend the Toxic Substances Control Act to phase 
out the use of mercury in the manufacture of chlorine and caustic soda, 
and for other purposes; to the Committee on Environment and Public 
Works.
  Mr. OBAMA. Mr. President, today I reintroduce legislation initially 
inspired by an indepth report published in late 2005 by the Chicago 
Tribune that highlighted the extent of mercury contamination in the 
fish eaten by the American people.
  Mercury is a potent neurotoxin that can cause serious developmental 
problems in children, ranging from severe birth defects to mental 
retardation. As many as 630,000 children born annually in the U.S. are 
at risk of neurological afflictions related to mercury. In adults, 
mercury can cause problems affecting vision, motor skills, blood 
pressure and fertility. As many as 10 percent of women in the U.S. of 
childbearing age have mercury in their blood at a level that could put 
a baby at risk.
  Sampling conducted by the Tribune showed surprisingly high levels of 
mercury concentrations in freshwater and saltwater fish purchased by 
Chicago area consumers, fish like tuna, swordfish, orange roughy, and 
walleye. The Tribune also reported on how existing programs at the Food 
and Drug Administration and the Environmental Protection Agency have 
failed to adequately test and evaluate mercury levels in fish.
  For all Americans, especially pregnant women and other at-risk 
groups, there are risks to eating fish with high mercury levels. That 
is why we need to work harder to get at the root causes of mercury 
contamination. In the short term, some have proposed strategies that 
include eating less fish, or issuing consumption advisories, or 
printing labels on tuna cans, or posting placards at the supermarket. 
Each of those strategies have their respective merits, but if we are 
really serious about making fish safer to eat, we need to actually 
reduce the amount of mercury in fish, and that means reducing the 
amount of mercury used in industry.
  When policymakers focus on addressing mercury sources, often coal-
fired power plants and incinerators are at the top of the list. I think 
it is important that we not overlook other sources, however, where new 
policies could yield notable mercury reductions in the short term using 
methods that are achievable and affordable. One such source is the 
chlor-alkali industry.
  Chlor-alkali facilities manufacture chlorine gas and caustic soda, 
important chemicals that serve as the building blocks of many of the 
products and plastics essential to modem everyday life. For more than 
100 years, mercury has been a key component in the chlorine process. 
Since 1974, however, about 115 plants worldwide have converted to 
better technologies such as membrane and diaphragm cells. Today in the 
U.S. more than 90 percent of the chlor-alkali industry has switched 
from using mercury to using these alternative catalysts. Moreover, of 
the 8 plants in the U.S. that still use mercury, 3 are in the process 
of stopping. The remaining 5, however, have made no such commitment. It 
is also worth noting that in 2005 alone, the 5 uncommitted mercury 
using plants released more than 4,400 pounds of mercury into the air, 
on average four times the average mercury releases of a standard coal-
fired power plant.
  The time has come to finish these upgrades and end the use of mercury 
in the chlor-alkali process, especially since these remaining plants 
rank among the largest mercury emitters in their respective states.
  The bill I introduce today, the Missing Mercury in Manufacturing 
Monitoring and Mitigation Act, or M5 Act, prohibits using mercury cells 
in the chlorine or caustic soda manufacturing process by the year 2012. 
The M5 Act also puts procedures in place by mid-year 2008 to track and 
report mercury input and output in the chlor-alkali industry. The 
evidence suggests that between 2000 and 2004, the industry could not 
account for more than 130 tons of mercury. The EPA calls this ``an 
enigma.'' The M5 Act addresses this enigma by tightening up mercury 
tracking requirements. My bill also establishes an advisory committee 
to study and recommend methods for transfer and long-term storage of 
mercury from closed or closing facilities. And the bill directs the 
Agency for Toxic Substances and Disease Register to conduct a health 
assessment at those facilities that still use mercury after 2008.
  It is important to point out that there are alternatives to mercury 
in the chlor-alkali process, more than 100 plants worldwide have 
converted to better technologies. We also know that these alternatives 
are not cost-prohibitive. Statistics compiled in a recent report by the 
group Oceana demonstrate that conversion costs are substantially 
similar to the cost of the continued use of mercury, for example, the 
cost of waste disposal, treatment, monitoring, fines, and higher energy 
consumption associated with using the old technology.
  If there were simply no alternatives to mercury for this industry, if 
other technologies had not been proven on a commercial scale, or if 
switching from mercury was simply too expensive, then I could 
understand if there were strong arguments against this legislation. But 
here we actually have a situation where mercury use could actually be 
phased out within a rather short period of time, improving the health 
of children and families. So the choice is whether we want to wait 
another decade and hope that improvements happen, or whether we want to 
ensure that mercury is phased out beginning today. I hope my colleagues 
will choose the latter, and I urge their support of this bill.
                                 ______
                                 
      By Mrs. FEINSTEIN (for herself and Mrs. Boxer):
  S. 1820. A bill to better provide for compensation for certain 
persons injured in the course of employment at the Santa Susana Field 
Laboratory in California; to the Committee on Health, Education, Labor, 
and Pensions.
  Mrs. FEINSTEIN. Mr. President, I rise to introduce legislation to 
enable hundreds of former Santa Susana Field Laboratory workers or 
their survivors

[[Page S9616]]

to receive compensation for illnesses caused by exposure to radiation 
and other toxic substances.
  These benefits have long been denied them due to flaws in the Energy 
Employees Occupational Injury Compensation Act of 2000.
  This bill fulfills the intent of Congress when it approved the act, 
providing compensation and care for nuclear program workers who 
suffered severe health problems caused by on-the-job exposure to 
radiation.
  Specifically, this bill will provide a special status designation, 
under the Energy Employees Occupational Illness Compensation Act, to 
Santa Susana Field Laboratory employees, so they can receive the 
benefits they deserve.
  The bill would extend the ``special exposure cohort'' status to 
Department of Energy employees, Department of Energy contract 
employees, or atomic weapons employees who worked at the Santa Susana 
Field Laboratory for at least 250 days prior to January 1, 2006.
  This revision will provide the act's benefits to any of those workers 
who contracted a radiation-linked cancer due to their employment at the 
Santa Susana Field Laboratory.
  Workers at the Santa Susana Field Laboratory played a significant 
role in keeping our Nation secure during the Cold War. They helped 
develop our nuclear weapons program, a cornerstone of our national 
defense.
  Sadly, many workers of this era were exposed to radiation on a 
regular basis. But the records are incomplete and inaccurate. Some 
records show only estimated levels of exposure for workers, and are 
imprecise. In other cases, if there were records kept, they can't be 
found today.
  Many Santa Susana Field Laboratory workers were not aware of the 
hazards at their workplace. Remarkably, no preventative equipment like 
respirators, gloves, or body suits were provided to workers.
  More than 600 claims for compensation have been filed by Santa Susana 
Field Lab workers. Mr. President, 90 percent of those have been denied 
due to lack of documentation, or inability to prove exposure 
thresholds.
  Santa Susana Field Lab workers and their families now face the burden 
of having to reconstruct exposure scenarios that existed more than 40 
years ago, in most cases with no documentation.
  The case of my constituent, Betty Reo, provides a stunning example of 
why this legislation is necessary.
  Ms. Reo's husband, Cosmo Reo, worked at the Santa Susana Field 
Laboratory as an instrumentation mechanic from April 18, 1957, until 
May 17, 1960. Cosmo worked in the rocket testing pits and was exposed 
to hydrazine, trichlorethylene and other cancer-causing chemicals which 
attack the lungs, bladder and kidneys.
  Cosmo died of renal failure in 1980. Ms. Reo applied for benefits 
under the Energy Employees Occupational Injury Compensation Act. She 
has been trying to reconstruct the exposure scenarios under which her 
husband worked, but without adequate documentation, which is virtually 
nonexistent, she has repeatedly been denied benefits.
  This bill would help people like Betty Reo.
  I urge my colleagues to join me in correcting these injustices and 
cutting through the ``red tape'' that prevents Santa Susana Field 
Laboratory workers, and their families, from receiving fair 
compensation.
  For many, such as Ms. Reo, time is running out. We can no longer 
afford to delay, and this bill provides a straightforward solution to 
fix a broken system.
  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. 1820

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. DEFINITION OF MEMBER OF SPECIAL EXPOSURE COHORT.

       (a) In General.--Section 3621(14) of the Energy Employees 
     Occupational Illness Compensation Program Act of 2000 (42 
     U.S.C. 7384l(14)) is amended by adding at the end the 
     following new subparagraph:
       ``(D) The employee was so employed for a number of work 
     days aggregating at least 250 work days before January 1, 
     2006, by the Department of Energy or a Department of Energy 
     contractor or subcontractor at the Santa Susana Field 
     Laboratory in California.''.
       (b) Reapplication.--A claim that an individual qualifies, 
     by reason of section 3621(14)(D) of the Energy Employees 
     Occupational Illness Compensation Program Act of 2000 (as 
     added by subsection (a) of this Act), for compensation or 
     benefits under such Act shall be considered for compensation 
     or benefits notwithstanding any denial of any other claim for 
     compensation with respect to such individual.
                                 ______
                                 
      By Mrs. CLINTON (for herself and Mr. Bond):
  S. 1823. A bill to set the United States on track to ensure children 
are ready to learn when they begin kindergarten; to the Committee on 
Health, Education, Labor, and Pensions.
  Mrs. CLINTON. Mr. President, supporting our children and early 
childhood education are critical to keeping America competitive. Today 
I am pleased to introduce the Ready to Learn Act, legislation that will 
help families in New York and across the country by preparing children 
for kindergarten. I am pleased my colleague Senator Bond, a long-time 
leader in early childhood development, has partnered with me in 
introducing this essential legislation.
  Since my time as a law student, I have worked to spread information 
about the importance of care and education for our children, especially 
our youngest children. It is critical that we provide them with every 
possible opportunity to learn, grow, and develop early on, not just 
once they start kindergarten, but before they arrive. This is a cause I 
have believed in and fought for over the past 35 years, as an advocate, 
a lawyer, First Lady, a Senator, and most important of all, as a 
mother.
  The Ready to Learn Act will help prepare children for kindergarten by 
providing funding for States to establish high-quality early learning 
programs to promote school readiness for four-year-olds in their State. 
States will apply for funding through a competitive process to 
establish and administer voluntary preschool programs; this legislation 
will allow governors to build on pre-existing early childhood systems. 
Schools, child care entities, Head Start programs, or other community 
providers of pre-kindergarten programs are all eligible for funding.
  To ensure high-quality programs that properly prepare children to be 
ready to learn, State plans will require qualified teachers, a 
developmentally, culturally and linguistically appropriate early 
learning curriculum and support for professional development.
  Research has shown the early years are critical in a child's 
development and that pre-kindergarten education offers benefits that 
extend through the first years of school and beyond. Children who 
attend high-quality pre-k programs are less likely to be held back a 
grade or to need special education, and they are more likely to 
graduate from high school. They also have higher earnings as adults and 
are less likely to become dependent on welfare or involved in crime.
  While some parents can afford high-quality pre-kindergarten 
opportunities for their children, so many hard working families simply 
can't. As a result, in today's current education system, it is not 
unusual for children to arrive at kindergarten already behind their 
peers. Nearly 50 percent of all kindergarten teachers report that at 
least half of their students come to school with problems that hinder 
their success. One in every six kindergartners needs specialized one-
on-one tutoring or special instruction in a small group. Each year, 
more than 200,000 children repeat kindergarten.
  Back when I was First Lady, I hosted a White House Conference on 
Early Childhood Development and Learning, where expert after expert 
emphasized the importance of these early years. A child who arrives at 
kindergarten ready to learn has a far greater chance of excelling, not 
only in his or her early years, but far into his academic career. 
Studies show that children who learn the names and sounds of letters 
before entering kindergarten are 20 times more likely to read simple 
words by the end of kindergarten than children who enter kindergarten 
not knowing the letters of the alphabet. Children who do not know their 
letters prior to kindergarten too often fail to catch up with their 
peers who do. Eighty-eight percent of children who

[[Page S9617]]

are poor readers in first grade remain poor readers by the fourth 
grade. Children who are not at least modestly skilled readers by the 
end of third grade are unlikely to graduate from high school.
  Like many of my colleagues, I have seen what happens when we invest 
in our children. We already know that for every one dollar we spend on 
early childhood education, we reap seven dollars as a society. I have 
seen what happens when caring adults come together and make the 
commitment to ensuring that our children can fulfill their God-given 
potential.
  I saw it back in Arkansas when we brought HIPPY to America to teach 
parents how they could educate their children. We taught them about the 
importance of reading to their children, and using household objects to 
teach basic lessons.
  I have seen it in visiting Head Start programs where children were 
learning to read, learning to count and solve problems, learning to 
share and interact with others and thrive in a structured environment.
  We are seeing it around the country in States that have already 
started investing in early childhood programs. The Ready to Learn Act 
will support and build on that success.
  Supporting our children and early childhood education are critical to 
keeping America competitive. It is my hope that my colleagues will join 
Senator Bond and I in supporting this important legislation.
                                 ______
                                 
      By Mr. OBAMA:
  S. 1824. A bill to amend title XVIII of the Social Security Act to 
establish a Hospital Quality Report Card Initiative under the Medicare 
program to assess and report on health care quality in hospitals; to 
the Committee on Finance.
  Mr. OBAMA. Mr. President, I rise today to reintroduce the Hospital 
Quality Report Card Act, a quality-focused initiative that will 
actively engage all relevant stakeholder groups--patients, providers, 
administrators, and payers--and increase availability of information 
about the quality of health care services in local hospitals and health 
systems.
  We know that overall performance in our Nation's hospitals can vary 
tremendously, and is mediocre at best in many institutions. The 
academic literature has documented serious issues in health care 
quality for treatment of a number of conditions, including cardiac 
arrhythmias, hip replacements, and alcohol dependence to name just a 
few. But discussions of health care quality are not limited to academic 
exercises; patients and their families experience medical errors and 
substandard hospital care every day. Just last month, the L.A. Times 
reported an extreme case involving Ms. Edith Isabel Rodriguez. Ms. 
Rodriguez, a 43-year old American woman with a perforated bowel, 
suffered an excruciating and possibly preventable death, after lying 
unattended on the floor of an emergency room for 45 minutes. Our 
Nation's hospitals can do better and must do better.
  One step towards improving health care quality is collecting, 
analyzing, and reporting on health care quality, using measures that 
have been developed, validated, and accepted by the medical community. 
Not only will such measures assist hospitals by identifying problem 
areas and facilitating monitoring for improvement, but the transparency 
through public reporting will also help consumers and payers make 
informed decisions about where to obtain health services.
  The Hospital Quality Report Card Act grants the Secretary of Health 
and Human Services the power to collect hospital information related to 
the staffing levels of nurses and health professionals, the 
accreditation of hospitals, the quality of care for vulnerable 
populations, the availability of specialty services and intensive care 
units, hospital acquired infections, measures of crowding in emergency 
rooms, and other indicators of quality care. This information--focused 
on health care effectiveness, safety, timeliness, efficiency, patient-
centeredness, and equity--will be electronically accessible to the 
public. The report card initiative builds upon current work at the 
Centers for Medicare and Medicaid Services, as well as initiatives in a 
number States including my own home State of Illinois. I am proud to 
report that I was the primary sponsor of the Illinois Hospital Report 
Card Act that passed into law in 2003 and took effect in 2004.
  Our Nation's reputation of having one of the best health care systems 
in the world needs to be restored, and this won't happen until we can 
assure the American people that our hospitals are doing a better job 
offering top-notch quality care. The Hospital Quality Report Card 
Initiative will help by expanding and reporting quality measurement, 
which will provide an incentive for hospitals to do better and valuable 
information to patients and consumers. I ask that you support the 
Hospital Quality Report Card Act and help my efforts to pass this 
legislation.
                                 ______
                                 
      By Mr. WEBB (for himself, Mrs. McCaskill, Ms. Klobuchar, Mr. 
        Brown, Mr. Casey, Mr. Tester, Mr. Cardin, Mr. Whitehouse, Mr. 
        Sanders, Mr. Durbin, Mr. Levin, Mr. Carper, Mrs. Feinstein, Mr. 
        Kerry, Mr. Johnson, Mrs. Boxer, Mr. Obama, Mr. Leahy, Mr. 
        Harkin, Ms. Stabenow, Mr. Dodd, and Ms. Landrieu):
  S. 1825. A bill to provide for the study and investigation of wartime 
contracts and contracting processes in Operation Iraqi Freedom and 
Operation Enduring Freedom, and for other purposes; to the Committee on 
Homeland Security and Governmental Affairs.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  Therebeing no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1825

       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 ``Commission on Wartime 
     Contracting Establishment Act''.

     SEC. 2. STUDY AND INVESTIGATION OF WARTIME CONTRACTS AND 
                   CONTRACTING PROCESSES IN OPERATION IRAQI 
                   FREEDOM AND OPERATION ENDURING FREEDOM.

       (a) Commission on Wartime Contracting.--
       (1) Establishment.--There is hereby established a 
     commission to be known as the ``Commission on Wartime 
     Contracting'' (in this subsection referred to as the 
     ``Commission'').
       (2) Membership matters.--
       (A) Membership.--The Commission shall be composed of 8 
     members, as follows:
       (i) 2 members shall be appointed by the Majority Leader of 
     the Senate, in consultation with the Chairmen of the 
     Committee on Armed Services and the Committee on Homeland 
     Security and Governmental Affairs of the Senate.
       (ii) 2 members shall be appointed by the Speaker of the 
     House of Representatives, in consultation with the Chairmen 
     of the Committee on Armed Services and the Committee on 
     Oversight and Government Reform of the House of 
     Representatives.
       (iii) 1 member shall be appointed by the Minority Leader of 
     the Senate, in consultation with the Ranking Minority Members 
     of the Committee on Armed Services and the Committee on 
     Homeland Security and Governmental Affairs of the Senate.
       (iv) 1 member shall be appointed by the Minority Leader of 
     the House of Representatives, in consultation with the 
     Ranking Minority Member of the Committee on Armed Services 
     and the Committee on Oversight and Government Reform of the 
     House of Representatives.
       (v) 1 member shall be appointed by the Secretary of 
     Defense.
       (vi) 1 member shall be appointed by the Secretary of State.
       (B) Deadline for appointments.--All appointments to the 
     Commission shall be made not later than 90 days after the 
     date of the enactment of this Act.
       (C) Chairman and vice chairman.--
       (i) Chairman.--The chairman of the Commission shall be a 
     member of the Commission selected by the members appointed 
     under clauses (i) and (ii) of subparagraph (A), but only if 
     approved by the vote of a majority of the members of the 
     Commission.
       (ii) Vice chairman.--The vice chairman of the Commission 
     shall be a member of the Commission selected by the members 
     appointed under clauses (iii) and (iv) of subparagraph (A), 
     but only if approved by the vote of a majority of the members 
     of the Commission.
       (3) Duties.--
       (A) General duties.--The Commission shall study and 
     investigate the following matters:
       (i) Federal agency contracting for the reconstruction of 
     Iraq and Afghanistan.
       (ii) Federal agency contracting for the logistical support 
     of coalition forces in Operation Iraqi Freedom and Operation 
     Enduring Freedom.

[[Page S9618]]

       (iii) Federal agency contracting for the performance of 
     security and intelligence functions in Operation Iraqi 
     Freedom and Operation Enduring Freedom.
       (B) Scope of contracting covered.--The Federal agency 
     contracting covered by this paragraph includes contracts 
     entered into both in the United States and abroad for the 
     performance of activities described in subparagraph (A), 
     whether performed in the United States or abroad.
       (C) Particular duties.--In carrying out the study under 
     this paragraph, the Commission shall assess--
       (i) the extent and impact of the reliance of the Federal 
     Government on contractors to perform functions (including 
     security, intelligence, and management functions) in 
     Operation Iraqi Freedom and Operation Enduring Freedom;
       (ii) the performance of the contracts under review, and the 
     mechanisms used to manage the performance of the contracts 
     under review;
       (iii) the extent of waste, fraud, abuse, or mismanagement 
     under such contracts;
       (iv) the extent to which those responsible for such waste, 
     fraud, abuse, or mismanagement have been held financially or 
     legally accountable; and
       (v) the appropriateness of the organizational structure, 
     policies, and practices of the Department of Defense and the 
     Department of State for handling contingency contract 
     management and support.
       (4) Reports.--
       (A) Interim report.--Not later than one year after the date 
     of the appointment of all of the members of the Commission 
     under paragraph (2), the Commission shall submit to Congress 
     an interim report on the study carried out under paragraph 
     (3), including the results and findings of the study as of 
     that date.
       (B) Other reports.--The Commission may from time to time 
     submit to Congress such other reports on the study carried 
     out under paragraph (3) as the Commission considers 
     appropriate.
       (C) Final report.--Not later than two years after the date 
     of the appointment of all of the members of the Commission 
     under paragraph (2), the Commission shall submit to Congress 
     a report on the study carried out under paragraph (3). The 
     report shall--
       (i) include the findings of the Commission;
       (ii) identify lessons learned on the contracting covered by 
     the study; and
       (iii) include specific recommendations for improvements to 
     be made in--

       (I) the process for developing contract requirements for 
     wartime contracts and contracts for contingency operations;
       (II) the process for awarding contracts and task orders for 
     wartime contracts and contracts for contingency operations;
       (III) the process for managing and providing oversight for 
     the performance of wartime contracts and contracts for 
     contingency operations;
       (IV) the process for holding contractors and their 
     employees accountable for waste, fraud, abuse, or 
     mismanagement under wartime contracts and contracts for 
     contingency operations;
       (V) the process for determining which functions are 
     inherently governmental and which functions are appropriate 
     for performance by contractors in an area of combat 
     operations (including an area of a contingency operation), 
     including a determination whether the use of civilian 
     contractors to provide security in an area of combat 
     operations is a function that is inherently governmental;
       (VI) the organizational structure, policies and practices 
     of the Department of Defense and the Department of State 
     handling contract management and support for wartime 
     contracts and contracts for contingency operations; and
       (VII) the process by which roles and responsibilities with 
     respect to wartime contracts and contracts for contingency 
     operations are distributed among the various departments and 
     agencies of the Federal Government, and interagency 
     coordination and communication mechanisms associated with 
     wartime contracts and contracts for contingency operations.

       (5) Other powers and authorities.--
       (A) Hearings and evidence.--The Commission or, on the 
     authority of the Commission, any subcommittee or member 
     thereof, may, for the purpose of carrying out this 
     subsection--
       (i) hold such hearings and sit and act at such times and 
     places, take such testimony, receive such evidence, 
     administer such oaths; and
       (ii) subject to subparagraph (B)(i), require, by subpoena 
     or otherwise, require the attendance and testimony of such 
     witnesses and the production of such books, records, 
     correspondence, memoranda, papers, and documents,

     as the Commission or such designated subcommittee or 
     designated member may determine advisable.
       (B) Subpoenas.--
       (i) Issuance.--

       (I) In general.--A subpoena may be issued under 
     subparagraph (A) only--

       (aa) by the agreement of the chairman and the vice 
     chairman; or
       (bb) by the affirmative vote of 5 members of the 
     Commission.

       (II) Signature.--Subject to subclause (I), subpoenas issued 
     under this subparagraph may be issued under the signature of 
     the chairman or any member designated by a majority of the 
     Commission, and may be served by any person designated by the 
     chairman or by a member designated by a majority of the 
     Commission.

       (ii) Enforcement.--

       (I) In general.--In the case of contumacy or failure to 
     obey a subpoena issued under clause (i), the United States 
     district court for the judicial district in which the 
     subpoenaed person resides, is served, or may be found, or 
     where the subpoena is returnable, may issue an order 
     requiring such person to appear at any designated place to 
     testify or to produce documentary or other evidence. Any 
     failure to obey the order of the court may be punished by the 
     court as a contempt of that court.
       (II) Additional enforcement.--In the case of any failure of 
     any witness to comply with any subpoena or to testify when 
     summoned under authority of subclause (I) or this subclause, 
     the Commission may, by majority vote, certify a statement of 
     fact constituting such failure to the appropriate United 
     States attorney, who may bring the matter before the grand 
     jury for its action, under the same statutory authority and 
     procedures as if the United States attorney had received a 
     certification under sections 102 through 104 of the Revised 
     Statutes of the United States (2 U.S.C. 192 through 194).

       (C) Access to information.--The Commission may secure 
     directly from the Department of Defense and any other 
     department or agency of the Federal Government any 
     information or assistance that the Commission considers 
     necessary to enable the Commission to carry out the 
     requirements of this subsection. Upon request of the 
     Commission, the head of such department or agency shall 
     furnish such information expeditiously to the Commission. 
     Whenever information or assistance requested by the 
     Commission is unreasonably refused or not provided, the 
     Commission shall report the circumstances to Congress without 
     delay.
       (D) Personnel.--The Commission shall have the authorities 
     provided in section 3161 of title 5, United States Code, and 
     shall be subject to the conditions set forth in such section, 
     except to the extent that such conditions would be 
     inconsistent with the requirements of this subsection.
       (E) Detailees.--Any employee of the Federal Government 
     employee may be detailed to the Commission without 
     reimbursement from the Commission, and such detailee shall 
     retain the rights, status, and privileges of his or her 
     regular employment without interruption.
       (F) Security clearances.--The appropriate departments or 
     agencies of the Federal Government shall cooperate with the 
     Commission in expeditiously providing to the Commission 
     members and staff appropriate security clearances to the 
     extent possible pursuant to existing procedures and 
     requirements, except that no person shall be provided with 
     access to classified information under this section without 
     the appropriate security clearances.
       (G) Violations of law.--
       (i) Referral to attorney general.--The Commission may refer 
     to the Attorney General any violation or potential violation 
     of law identified by the Commission in carrying out its 
     duties under this subsection.
       (ii) Reports on results of referral.--The Attorney General 
     shall submit to Congress a report on each prosecution and 
     conviction that results from a referral made under this 
     subparagraph.
       (6) Termination.--The Commission shall terminate on the 
     date that is 60 days after the date of the submittal of its 
     final report under paragraph (4)(C).
       (7) Contingency operation defined.--In this subsection, the 
     term ``contingency operation'' has the meaning given that 
     term in section 101 of title 10, United States Code.
       (b) Investigation of Waste, Fraud, Abuse, and 
     Mismanagement.--
       (1) In general.--The Special Inspector General for Iraq 
     Reconstruction shall, in collaboration with the Inspector 
     General of the Department of Defense, the Inspector General 
     of the Department of State, and the Inspector General of the 
     United States Agency for International Development and in 
     consultation with the Commission on Wartime Contracting 
     established by subsection (a), conduct a series of audits to 
     identify potential waste, fraud, abuse, or mismanagement in 
     the performance of--
       (A) Department of Defense contracts and subcontracts for 
     the logistical support of coalition forces in Operation Iraqi 
     Freedom and Operation Enduring Freedom; and
       (B) Federal agency contracts and subcontracts for the 
     performance of security, intelligence, and reconstruction 
     functions in Operation Iraqi Freedom and Operation Enduring 
     Freedom.
       (2) Scope of audits of contracts.--Each audit conducted 
     pursuant to paragraph (1)(A) shall focus on a specific 
     contract, task order, or site of performance under a contract 
     or task order and shall examine, at a minimum, one or more of 
     the following issues:
       (A) The manner in which requirements were developed.
       (B) The procedures under which the contract or task order 
     was awarded.
       (C) The terms and conditions of the contract or task order.
       (D) The contractor's staffing and method of performance, 
     including cost controls.
       (E) The efficacy of Department of Defense management and 
     oversight, Department of State management and oversight, and 
     United States Agency for International Development management 
     and oversight, including the adequacy of staffing and 
     training

[[Page S9619]]

     of officials responsible for such management and oversight.
       (F) The flow of information from the contractor to 
     officials responsible for contract management and oversight.
       (3) Scope of audits of other contracts.--Each audit 
     conducted pursuant to paragraph (1)(B) shall focus on a 
     specific contract, task order, or site of performance under a 
     contract or task order and shall examine, at a minimum, one 
     or more of the following issues:
       (A) The manner in which the requirements were developed and 
     the contract or task order was awarded.
       (B) The manner in which the Federal agency exercised 
     control over the contractor's performance.
       (C) The extent to which operational field commanders are 
     able to coordinate or direct the contractor's performance in 
     an area of combat operations.
       (D) The extent to which the functions performed were 
     appropriate for performance by a contractor.
       (E) The degree to which contractor employees were properly 
     screened, selected, trained, and equipped for the functions 
     to be performed.
       (F) The nature and extent of any incidents of misconduct or 
     unlawful activity by contractor employees.
       (G) The extent to which any incidents of misconduct or 
     unlawful activity were reported, documented, investigated, 
     and (where appropriate) prosecuted.
       (4) Continuation of special inspector general.--
       (A) In general.--Notwithstanding section 3001(o) of the 
     Emergency Supplemental Appropriations Act for Defense and for 
     the Reconstruction of Iraq and Afghanistan, 2004 (Public Law 
     108-106; 5 U.S.C. App. 8G note), the Office of the Special 
     Inspector General for Iraq Reconstruction shall not terminate 
     until the date that is 60 days after the date of the 
     submittal under paragraph (4)(C) of subsection (a) of the 
     final report of the Commission on Wartime Contracting 
     established by subsection (a).
       (B) Reaffirmation of certain duties and responsibilities.--
     Congress reaffirms that the Special Inspector General for 
     Iraq Reconstruction retains the duties and responsibilities 
     in sections 4 of the Inspector General Act of 1978 (5 U.S.C. 
     App. 4; relating to reports of criminal violations to the 
     Attorney General) and section 5 of the Inspector General Act 
     of 1978 (5 U.S.C. App. 5; relating to reports to Congress) as 
     expressly provided in subsections (f)(3) and (i)(3), 
     respectively, of section 3001 of the Emergency Supplemental 
     Appropriations Act for Defense and for the Reconstruction of 
     Iraq and Afghanistan, 2004.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated such sums as may be required to carry out 
     the provisions of this section.
                                 ______
                                 
      By Mr. McCONNELL:
  S. 1826. A bill to add Kentucky State University to the list of 
schools eligible for assistance under part B of title III of the Higher 
Education Act of 1965; to the Committee on Health, Education, Labor, 
and Pensions.
  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. 1826

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. KENTUCKY STATE UNIVERSITY QUALIFIED GRADUATE 
                   PROGRAM.

       Section 326(e)(1) of the Higher Education Act of 1965 (20 
     U.S.C. 1063b(e)(1)) is amended--
       (1) in subparagraph (Q), by striking ``and'' after the 
     semicolon;
       (2) in subparagraph (R), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(S) Kentucky State University qualified graduate 
     program.''.
                                 ______
                                 
      By Mr. COCHRAN (for himself, Mr. Pryor and Mr. Enzi):
  S. 1827. A bill to amend title XVIII of the Social Security Act to 
require prompt payment to pharmacies under part D, to restrict pharmacy 
co-branding on prescription drug cards issued under such part, and to 
provide guidelines for Medication Therapy Management Services programs 
offered by prescription drug plans and MA-PD plans under such part; to 
the Committee on Finance.
  Mr. COCHRAN. Mr. President, implementation of the Medicare 
prescription drug plan has helped provide prescription drug coverage 
for millions of Medicare beneficiaries who previously did not have 
access to medications. Many seniors are now paying less for 
prescription drugs and the savings for the prescription drug program 
are even greater than expected. The Centers for Medicare and Medicaid 
Services, CMS, and health care providers worked together to plan and 
implement this program and from the beginning, pharmacists played a 
significant role in making this benefit successful. Pharmacists 
assisted their Medicare patients in the selection and enrollment 
process and filled prescriptions for patients, regardless of the 
guarantee of timely reimbursement. Pharmacists continue to be diligent 
in serving their patients and providing much-needed medications, 
despite financial difficulties they have encountered in providing these 
services.
  We are introducing a bill today to assist pharmacists as they 
continue to serve their patients and as they help to continue the 
success of the Medicare drug benefit. This bill will allow pharmacists 
to achieve efficiencies in reimbursement for the products they provide 
to Medicare beneficiaries. This is especially important to the small, 
rural independent pharmacies in my State. This legislation will also 
provide incentives for pharmacists and other providers to help 
beneficiaries better use their medications, adhere to their drug 
regimens, and utilize cost saving medication therapy management 
programs.
  I am pleased to offer this legislation that will help continue the 
success of the Medicare prescription drug benefit.
  Mr. PRYOR. Mr. President, earlier today I joined with Senators 
Cochran and Enzi to introduce the Pharmacist Access and Recognition in 
Medicare Act of 2007. This is bipartisan legislation that will help 
ensure patients have access to local pharmacies.
  I am concerned that the Medicare Modernization Act that was enacted 
in 2003 failed to sufficiently ensure Medicare patients would have 
quality access to prescription medicines available at local pharmacies.
  The new drug program took effect at the beginning of 2006. We now 
know that during that year over 1,100 community pharmacies across the 
country closed their doors according to the National Community 
Pharmacists Association.
  It is critical to me that patients living in small towns throughout 
Arkansas and across America have access to community pharmacies.
  While I believe major reforms need to be made in the Medicare 
prescription drug benefit, I believe that the bipartisan bill I 
introduced with Senator Cochran and Enzi today is an achievable first 
step in making the Medicare drug benefit work better for patients and 
pharmacists who are local front line health care providers.
  This bill will ensure that pharmacies are paid on a timely basis for 
prescriptions that are filled for Medicare beneficiaries. It can take a 
month for pharmacies to be paid now, and this bill will ensure that 
pharmacies get paid electronically for clean claims within 10 business 
days.
  Seniors should have a choice concerning what pharmacy they use. Our 
bill codifies regulations ensuring that Medicare drug cards are not 
cobranded with the name of a pharmacy, leaving beneficiaries under the 
impression that the card may only be good at a single, large chain 
pharmacy.
  Cards could be cobranded in the first year of the program. 
Regulations prohibit that happening this year, but our bill ensures 
this will not be a problem in the future.
  The bill will also help ensure that medicines are used appropriately. 
Pharmacists are the best trained providers in our health care system to 
ensure prescribed medications are used correctly. The bill creates a 2 
year community-based medication therapy management demonstration 
program using pharmacists to provide services.
                                 ______
                                 
      By Mr. INHOFE:
  S. 1828. A bill to require the Administrator of the Environmental 
Protection Agency to conduct a study of the feasibility of increasing 
the consumption in the United States of certain ethanol-blended 
gasoline; to the Committee on Environment and Public Works.
  Mr. INHOFE. Mr. President, I rise today to introduce a small but 
important bill that seeks to improve the quality of the air we breathe 
and increase the level of public involvement under the Clean Air Act.
  The senior Senator from Rhode Island joined me in sponsoring an 
identical version of this bill as an amendment to the energy bill. 
Unfortunately, there was an objection to clearing that amendment for 
unknown reasons.
  The objection was a surprise, particularly given the widespread 
support across a variety of industries and advocacy groups. In fact, 
the Natural Resources Defense Council and American

[[Page S9620]]

Lung Association sent Senator Reed and me a letter of support.
  Under current law, the Clean Air Act allows a petition for a new 
renewable fuel or renewable fuel additive, including mid-level ethanol 
blends, to be approved without EPA taking any action whatsoever, not 
asking for public comment, not conducting studies on the safety or 
emissions impacts and not reviewing existing emissions or safety 
studies. In fact, current law provides that a petition is deemed 
approved even if EPA fails to act or make a determination one way or 
another.
  Environmental law and the Clean Air Act specifically, is premised 
upon public input and involvement. It is critical that this section of 
the Act, as elsewhere, provide for adequate stakeholder involvement. My 
bill would force EPA to give public notice and seek public comment from 
all interested persons on any petition for a new renewable fuel or 
renewable fuel additive.
  Safeguarding air quality is critical, but guaranteeing that the 
engines that consumers rely on is important as well. Studies done by 
Australia's EPA found that mid-level ethanol blends can cause the 
following problems with motor vehicle and small, off-road engines: 
failure of exhaust components, for example catalyst, due to heat/
durability, engine damage and seizure, engine stalling and stopping, 
failure of engine cut-off switches, unexpected engagement of cutting 
blades/chains, and fuel leaks and blockage of fuel lines. My bill 
directs EPA, with DOE's and USDA's assistance, to study whether the use 
of higher ethanol blends pose safety, air quality, or engine 
operability concerns in motor vehicle and nonroad engines, and 
equipment.
  Ethanol proponents should support this bill. The ethanol industry 
cannot afford to have consumers turn against their product if higher 
levels of ethanol blends cause their snowmobile, chainsaw, or boat 
engine to shut down. If EPA's study shows that these higher blends are 
safe for all engines, then the ethanol industry will benefit from the 
study.
  This bill is about good Government and transparent Government. EPA 
should not be permitted to approve these petitions ``in the dark of 
night,'' without public participation.
  The bill that I am introducing today, like the amendment that Senator 
Reed and I offered during the energy bill, will simply make sure that 
EPA carries out its duty to protect human health and the environment, 
increase the public's role under the Clean Air Act, and shed light on a 
currently private process.
                                 ______
                                 
       Mr. LEAHY (for himself, Mr. Hatch, Mrs. Lincoln, and Mr. Shelby:
  S. 1829. A bill to reauthorize programs under the Missing Children's 
Assistance Act; to the Committee on the Judiciary.
  Mr. LEAHY. I am pleased to introduce the Protect Our Children First 
Act of 2007, which will reauthorize funding for the National Center for 
Missing and Exploited Children, NCMEC through fiscal year 2013, and 
increase Federal support and coordination to help NCMEC programs to 
find missing children across the Nation. I am glad that Senator Hatch 
has joined me in introducing this bill, along with Senators Lincoln and 
Shelby. As members of the Missing and Exploited Children's Caucus, we 
have all worked together on numerous pieces of legislation to protect 
the safety and welfare of our children, and I thank them for their 
continued leadership and for joining me in introducing this bill.
  Just a few months ago, we commemorated the 25th National Missing 
Children's Day, when our Nation particularly remembers our commitment 
to work together in locating and recovering missing children. It pains 
us all to see on TV, in the newspapers or on milk cartons photo after 
photo of missing children from various comers of our country. As a 
father and grandfather, I know that an abducted child is the worst 
nightmare. Unfortunately, it is a nightmare that happens all too often. 
Indeed, the Justice Department estimates that 2,200 children are 
reported missing each day. There are approximately 114,600 attempted 
stranger abductions every year, with 3,000 to 5,000 of those attempts 
succeeding. Experts estimate that children and youth comprise between 
85 percent and 90 percent of missing person reports. These families 
deserve the assistance of the American people and a helping hand from 
the Congress and from Federal agencies.
  As the Nation's top resource center for child protection, the 
National Center for Missing and Exploited Children spearheads national 
efforts to locate and recover missing children and raises public 
awareness about ways to prevent child abduction, molestation and sexual 
exploitation. NCMEC works to make our children safer by being a 
national voice and advocate for those too young to vote or speak up for 
their own rights. The center operates under a Congressional mandate and 
works in cooperation with the U.S. Department of Justice's Office of 
Juvenile Justice and Delinquency Prevention to coordinate the efforts 
of law enforcement officers, social service agencies, elected 
officials, judges, prosecutors, educators, the U.S. Marshals Service, 
and the public and private sectors to break the cycle of violence that 
historically has perpetuated these needless crimes against children. 
Child advocates like John Walsh, who worked hard in helping Congress 
enact the National Center's charter, also continue to support the 
center's vital work.
  The center's professionals have disturbingly busy jobs, they have 
worked on more than 127,700 cases of missing and exploited children 
since its 1984 founding, helping to recover more than 110,200 children. 
The center raised its recovery rate from 64 percent in the 1990s to 96 
percent today. The center has set up a nationwide, toll free, 24-hour 
telephone hotline to take reports about missing children and clues that 
might lead to their recovery, a National Child Pornography Tipline to 
handle calls from individuals reporting the sexual exploitation of 
children through the production and distribution of pornography, and a 
CyberTipline to process online leads from individuals reporting the 
sexual exploitation of children. It has taken the lead in circulating 
millions of photographs of missing children, and it serves as a vital 
resource for the 17,000 law enforcement agencies located throughout the 
Nation in the search for missing children and in the pursuit of 
adequate child protection.

  The center has also developed a ``Cold Case Unit'' within the Missing 
Children Division that focuses on long-term missing children cases. By 
using age progression technology, NCMEC has recovered 741 missing 
children. NCMEC forensic artists have also identified 24 missing 
children by using facial reconstructions of unidentified remains.
  In order to help the center solve these long-term cases, Section 5 of 
this bill would allow an Inspector General to provide staff support to 
NCMEC for the purpose of conducting reviews of inactive case files to 
develop recommendations for further investigation. The Inspector 
General community has one of the most diverse and talented criminal 
investigative cadres in the Federal Government. A vast majority of 
these special agents have come from traditional law enforcement 
agencies, and they are highly trained and extremely capable of dealing 
with complex criminal cases.
  Under current law, an Inspector General's duties are limited to 
activities related to the programs and operations of an agency. Our 
bill would allow an Inspector General to permit criminal investigators 
under his or her supervision to review cold case files, so long as 
doing so would not interfere with normal duties. An Inspector General 
would not conduct actual investigations, and any Inspector General 
would only commit staff when the office's mission-related workloads 
permitted. At no time would these activities be allowed to conflict 
with or delay the stated missions of an Inspector General.
  The Protect Our Children First Act also gives the Center better tools 
for working in coordination with Federal, State, and local law 
enforcement agencies to find missing children. This bill would provide 
analytical and technical support to assist law enforcement agencies in 
searching public databases to identify missing children and to locate 
abductors and would facilitate the deployment of the National Emergency 
Child Locator Center to assist in locating children in times of 
national disasters. In addition, the bill would allow

[[Page S9621]]

NCMEC to work in conjunction with the FBI to provide fitness 
determinations based on criminal history of volunteers in child-serving 
organizations and track the incidence of attempted child abductions to 
report any links or patterns to law enforcement agencies.
  NCMEC is headquartered in Alexandria, VA, and operates branch offices 
in five other locations throughout the country to provide hands-on 
assistance to families of missing children, advocating legislative 
changes to better protect children, conducting an array of prevention 
and awareness programs, and motivating individuals to become personally 
involved in child-protection issues. It has also grown into an 
international organization, establishing the International Division of 
the National Center for Missing and Exploited Children, which has been 
working to fulfill the Hague Convention on the Civil Aspects of 
International Child Abduction. The international division provides 
assistance to parents, law enforcement, attorneys, nonprofit 
organizations, and other concerned individuals who are seeking 
assistance in preventing or resolving international child abductions.
  NCMEC manages to do all of this good work with an annual DOJ grant, 
which expires after fiscal year 2008. We must act now to extend its 
authorization so that it can continue to help keep children safe and 
families intact around the Nation. There is so much more to be done to 
ensure the safety of our children, and the legislation we introduce 
today will help the center in its efforts to prevent crimes that are 
committed against them.
  We have before us the type of bipartisan legislation that should be 
moved easily through the Senate and the House. The children we seek to 
protect through legislation like this should not be used as pawns by 
groups who would play politics by saddling such efforts with 
controversial measures. I applaud the ongoing work of the center and 
hope both the Senate and the House will promptly pass this bill to show 
our support for the NCMEC to continue to find our missing children and 
to protect exploited children across the country.
  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. 1829

       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 ``Protect our Children First 
     Act of 2007''.

     SEC. 2. AMENDMENT TO FINDINGS.

       Section 402 of the Missing Children's Assistance Act (42 
     U.S.C. 5771) is amended to read as follows:

     ``SEC. 402. FINDINGS.

       ``Congress finds that--
       ``(1) each year thousands of children are abducted or 
     removed from the control of a parent having legal custody 
     without such parent's consent, under circumstances which 
     immediately place the child in grave danger;
       ``(2) many missing children are at great risk of both 
     physical harm and sexual exploitation;
       ``(3) in many cases, parents and local law enforcement 
     officials have neither the resources nor the expertise to 
     mount expanded search efforts;
       ``(4) abducted children are frequently moved from one 
     locality to another, requiring the cooperation and 
     coordination of local, State, and Federal law enforcement 
     efforts;
       ``(5) growing numbers of children are the victims of child 
     sexual exploitation, increasingly involving the use of new 
     technology to access the Internet;
       ``(6) children may be displaced from their parents or legal 
     guardians as a result of national disasters such as 
     hurricanes and floods;
       ``(7) sex offenders pose a threat to children; and
       ``(8) the National Center for Missing and Exploited 
     Children--
       ``(A) serves as the national resource center and 
     clearinghouse;
       ``(B) works in partnership with the Department of Justice, 
     the Federal Bureau of Investigation, the United States 
     Marshals Service, the Department of the Treasury, the 
     Department of State, the Department of Homeland Security's 
     Bureau of Immigration and Customs Enforcement, the United 
     States Secret Service, and many other agencies in the effort 
     to find missing children and prevent child victimization; and
       ``(C) operates a national and increasingly worldwide 
     network, linking the Center online with each of the missing 
     children clearinghouses operated by the 50 States, the 
     District of Columbia, and Puerto Rico, as well as with 
     Scotland Yard in the United Kingdom, the Royal Canadian 
     Mounted Police, INTERPOL headquarters in Lyon, France, and 
     others, which enable the Center to transmit images and 
     information regarding missing and exploited children to law 
     enforcement across the United States and around the world 
     instantly.''.

     SEC. 3. AMENDMENTS TO DUTIES AND FUNCTIONS OF THE 
                   ADMINISTRATOR.

       (a) In General.--Section 404(b) of the Missing Children's 
     Assistance Act (42 U.S.C. 5773(b)) is amended--
       (1) striking paragraph (3); and
       (2) redesignating paragraph (4) as paragraph (3).
       (b) Annual Grant to the National Center for Missing and 
     Exploited Children.--Section 404(b)(1) of the Missing 
     Children's Assistance Act (42 U.S.C. 5773(b)(1)) is amended 
     to read as follows:
       ``(1) In general.--The Administrator shall annually make a 
     grant to the Center, which shall be used to--
       ``(A)(i) operate a national 24-hour toll-free telephone 
     line by which individuals may report information regarding 
     the location of any missing child, and request information 
     pertaining to procedures necessary to reunite such child with 
     such child's legal custodian; and
       ``(ii) coordinate the operation of such telephone line with 
     the operation of the national communications system referred 
     to in part C of the Runaway and Homeless Youth Act (42 U.S.C. 
     5714-11);
       ``(B) operate the official national resource center and 
     information clearinghouse for missing and exploited children;
       ``(C) provide to State and local governments, public and 
     private nonprofit agencies, and individuals, information 
     regarding--
       ``(i) free or low-cost legal, restaurant, lodging, and 
     transportation services that are available for the benefit of 
     missing and exploited children and their families; and
       ``(ii) the existence and nature of programs being carried 
     out by Federal agencies to assist missing and exploited 
     children and their families;
       ``(D) coordinate public and private programs that locate, 
     recover, or reunite missing children with their families;
       ``(E) disseminate, on a national basis, information 
     relating to innovative and model programs, services, and 
     legislation that benefit missing and exploited children;
       ``(F) in cooperation with the Department of Justice and the 
     Department of State and local law enforcement, develop and 
     present an annual report on the actual number of children 
     nationwide who are reported missing each year, the number of 
     children who are victims of nonfamily abductions, the number 
     of children who are the victims of parental kidnappings, and 
     the number of children who are recovered each year;
       ``(G) provide technical assistance and training to law 
     enforcement agencies, State and local governments, elements 
     of the criminal justice system, public and private nonprofit 
     agencies, and individuals in the prevention, investigation, 
     prosecution, and treatment of cases involving missing and 
     exploited children;
       ``(H) provide assistance to families and law enforcement 
     agencies in locating and recovering missing and exploited 
     children, both nationally and internationally;
       ``(I) provide analytical support and technical assistance 
     to law enforcement agencies through searching public records 
     databases in locating and recovering missing and exploited 
     children and helping to locate and identify abductors;
       ``(J) provide direct on-site technical assistance and 
     consultation to law enforcement agencies in child abduction 
     and exploitation cases;
       ``(K) provide forensic technical assistance and 
     consultation to law enforcement and other agencies in the 
     identification of unidentified deceased children through 
     facial reconstruction of skeletal remains and similar 
     techniques;
       ``(L) track the incidence of attempted child abductions in 
     order to identify links and patterns, and provide such 
     information to law enforcement agencies;
       ``(M) facilitate the deployment of the National Emergency 
     Child Locator Center to assist in reuniting missing children 
     with their families during periods of national disasters;
       ``(N) operate a cyber tipline to provide online users and 
     electronic service providers an effective means of reporting 
     Internet-related child sexual exploitation in the areas of--
       ``(i) possession, manufacture and distribution of child 
     pornography;
       ``(ii) online enticement of children for sexual acts;
       ``(iii) child prostitution;
       ``(iv) sex tourism involving children;
       ``(v) extrafamilial child sexual molestation; and
       ``(vi) unsolicited obscene material sent to a child;
     and subsequently to transmit such reports, including relevant 
     images and information, to the appropriate international, 
     Federal, State or local law enforcement agency for 
     investigation;
       ``(O) work with law enforcement, electronic service 
     providers, electronic payment service providers, and others 
     on methods to reduce the distribution on the Internet of 
     images and videos of sexually exploited children;
       ``(P) operate the Child Victim Identification Program in 
     order to assist the efforts of

[[Page S9622]]

     law enforcement agencies in identifying victims of child 
     pornography and other sexual crimes;
       ``(Q) develop and disseminate programs and information for 
     the general public to educate families and children regarding 
     the prevention of child abduction and sexual exploitation; 
     and
       ``(R) develop and disseminate programs and information to 
     local communities, schools, public officials, nonprofit 
     organizations, and youth-serving organizations to help 
     parents and children use the Internet safely.''.

     SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

       (a) Annual Grant to the National Center for Missing and 
     Exploited Children.--Section 404(b)(2) of the Missing 
     Children's Assistance Act (42 U.S.C. 5773(b)(2)) is amended 
     by striking ``$20,000,000 for each of the fiscal years 2004 
     through 2008'' and inserting ``$ 20,000,000 for fiscal year 
     2008 and such sums as are necessary for each of the fiscal 
     years 2009 through 2013''.
       (b) In General.--Section 408(a) of the Missing Children's 
     Assistance Act (42 U.S.C. 5777(a)) is amended by striking 
     ``2004 through 2008'' and inserting ``2008 through 2013.''.

     SEC. 5. AUTHORITY OF INSPECTORS GENERAL .

       Title XXXVII of the Crime Control Act of 1990 (42 U.S.C. 
     5779 et seq.) is amended by adding at the end the following:

     ``SEC. 3703. AUTHORITY OF INSPECTORS GENERAL.

       ``(a) In General.--An Inspector General appointed under 
     section 3 or 8G of the Inspector General Act of 1978 (5 
     U.S.C. App.) may authorize staff to assist the National 
     Center for Missing and Exploited Children--
       ``(1) by conducting reviews of inactive case files to 
     develop recommendations for further investigations; and
       ``(2) by engaging in similar activities.
       ``(b) Limitations.--
       ``(1) Priority.--An Inspector General may not permit staff 
     to engage in activities described in subsection (a) if such 
     activities will interfere with the duties of the Inspector 
     General under the Inspector General Act of 1978 (5 U.S.C. 
     App.).
       ``(2) Funding.--No additional funds are authorized to be 
     appropriated to carry out this section.''.
                                 ______
                                 
      By Mr. ENZI:
  S. 1834. A bill to improve the health of Americans through the 
gradual elimination of tobacco products; to the Committee on Finance.
  Mr. ENZI. Mr. President, I rise today to address a serious and deadly 
health issue. I am talking about tobacco, a scourge on our society.
  Smoking kills. There is no such thing as a safe cigarette. These are 
not mere platitudes. They are the deadly truth. Tobacco kills more 
Americans each year than alcohol, cocaine, crack, heroin, homicide, 
suicide, car accidents, fire and AIDS combined.
  My colleague Senator Kennedy has proposed dealing with this shocking 
statistic by having the Food and Drug Administration regulate tobacco. 
I suggest my colleagues ask themselves: What will it mean to have 
cigarette and tobacco products regulated by the FDA?
  The FDA is the gold standard among public health regulators the world 
over. For the past century, the FDA has protected the public, from 
filthy conditions in meat packing plants to thalidomide, which caused 
thousands of birth defects in Western Europe. The FDA's constant 
vigilance is not just an historical artifact. It seems like every day 
there is something new for the FDA to protect us from. The headlines 
behind me show how we have come to depend on the FDA every day to 
protect us and our children from poisons that could harm or even kill 
us.
  It is evident that the FDA is overworked and underfunded. We, as a 
nation, currently ask the FDA to be responsible for so many things: 
ensuring that new drugs and medical devices are safe and effective; 
safeguarding the Nation's food supply; regulating the manufacture and 
distribution of food additives and drugs that will be given to animals; 
and, increasing the security of our blood supply.
  In each of these key activities, the role of the FDA is to protect 
our health. In providing that protection, the FDA examines key 
scientific facts and weighs the balance of benefit to our society and 
risk to our health. It is incomprehensible to me to extend that 
critical role to an FDA risk/benefit analysis of tobacco and 
cigarettes.
  I will say it again: Smoking kills. There is no such thing as a 
``safe'' cigarette. Any public statement by the FDA under their current 
authority would necessitate the finding that there is no benefit to the 
use of cigarettes, only harm.
  The Kennedy-Cornyn bill would establish the FDA as the regulator for 
tobacco products. However, the bill explicitly states that the FDA will 
not be permitted to prohibit the sale of any tobacco product to adults. 
That is not true regulation. The bill would gut the authority that 
Congress has bestowed and staunchly defended for the FDA, the authority 
to remove health threats from the marketplace. This approach is so 
flawed that I believe the bill cannot be fixed.
  Even having the FDA review and approve cigarettes sends mixed and 
confusing messages to the public, creating the sense that cigarettes 
are safe or can be made safer. The FDA cannot be put in the position of 
approving a product which years of science and the personal experience 
of far too many Americans has shown to be dangerous. Simply put, 
tobacco kills people. Piling on regulations and bureaucracy won't 
change that.
  I commend my colleague Senator Kennedy for trying to do something 
about the evil of tobacco. But this bill is a dinosaur. It has been 
introduced year after year, with barely any changes. In fact, the bill 
would have FDA issue a regulation from 1996 completely intact. A 
regulation, I might add, that was overturned by the Supreme Court. But 
that is beside the point. Instead of resurrecting broken, outdated 
legislation, we should be aiming to make tobacco extinct.
  While some in the tobacco industry claim to share my views on 
smoking, I do not believe they have actually bought in to the idea of 
getting people to stop using tobacco. A case in point is the new $350 
million facility Philip Morris has built in Richmond, VA. I ask 
unanimous consent to have printed in the Record the following 
classified ad from the journal Science.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (See exhibit 1.)
  Mr. ENZI. Mr. President, this ad calls for the recruitment of 
scientists to work at this facility, studying how to ``develop relevant 
exposure models'' for smoking related diseases. Or to do large scale 
epidemiology studies on ``the cause of cigarette smoke-related 
diseases.'' Here I thought the cause of cigarette smoke-related 
diseases was smoking. Silly me.
  Clearly, Philip Morris believes it will still be able to operate 
under the Kennedy bill. It will be business as usual for the Marlboro 
Man, and more Americans will die needlessly.
  Trying to make cigarettes safer through a billion-dollar bureaucracy 
is a waste of time and money. The right approach is to get people to 
stop smoking, or better yet, to never start.
  The key failing of the Kennedy dinosaur legislation is that it will 
not reduce smoking. In 2004, this bill did pass the Senate, as part of 
FSC-ETI. The Congressional Budget Office, in scoring the Senate-passed 
bill, examined the tobacco provisions. I suggest my colleagues study 
that score carefully. CBO suggested there would be essentially no 
reduction in adult smoking, and only a 12.5 percent reduction in youth 
smoking. The bill assesses user fees in excess of $450 million a year. 
There are currently 2.7 million youth smokers. When you do the math, it 
comes out to nearly $1,500 per year per youth smoker to achieve these 
reductions. I don't know if you've talked to any teenagers recently, 
but they are pretty entrepreneurial. I bet a lot of them would quit 
smoking if you just paid them to give it up, or even to stay off the 
stuff in the first place.

  In another example of very little bang for very big bucks, a recent 
Institute of Medicine report from May says that if we keep doing what 
we are doing, we will reduce smoking from the current 20 percent of the 
population to about 15 percent over the next 20 years. If we do 
everything in the report, which is basically the Kennedy bill plus a 
number of other steps, some of which maybe unconstitutional, we might 
reduce it to 10 percent. At an unknown, but likely very high, cost.
  This bill can't be fixed. I know we can do better. We just have to 
think bigger. We must win the war on tobacco, not sign a peace treaty 
with Phillip Morris.
  I have developed my own tobacco legislation that would truly have an 
impact on the number of smokers in this country, and I am pleased to 
introduce today the Help End Addiction to Lethal Tobacco Habits or 
HEALTH Act.
  My bill contains a novel cap-and-trade program--guaranteeing that

[[Page S9623]]

fewer people suffer the deadly consequences of smoking, while providing 
flexibility in how those reductions are achieved.
  Cap-and-trade programs have a proven track record in the 
environmental arena. In the 1980s, lakes and forests were dying from 
acid rain. The acid rain was caused by emissions of sulfur and nitrogen 
oxides from power generation at electrical plants. The Clean Air Act 
amendments of 1990 instituted a system of allowances for emissions of 
sulfur and nitrogen oxides that could be used, banked, traded or sold 
freely on the open market. The number of allowances decreased each 
year. This system achieved the desired results faster and at lower cost 
than had been anticipated. The cap-and-trade program for sulfur and 
nitrogen oxides has made dramatic differences in our air quality over 
the past 15 years, and is a resounding success. I propose to carry this 
market-oriented system over to the tobacco control arena. Although this 
has never been tried for a health issue, I think it will work.
  My legislation will contain a cap-and-trade system for shrinking the 
size of the tobacco market over the next 20 years. Smoking reductions 
are guaranteed, and companies are given time and flexibility to make 
the reductions or divest. In addition, small tobacco companies would 
have a valuable asset in their allocations, leveling the playing field 
a bit between the smaller and larger industry members. Finally, and I 
think very importantly, public health groups could buy and retire 
allowances to achieve the reductions in tobacco use even faster than 
specified in my bill. I would like to issue a challenge today to those 
groups, use your clout to help me make this work. Stand with me to 
fight tobacco and protect the health of all Americans.
  I want to remind my colleagues that the FDA approves cures, not 
poisons. Forcing the FDA to regulate tobacco but not letting them ban 
it, as my colleague Senator Kennedy proposes, would undermine the long 
history of the agency protecting and promoting the public health.
  In closing, every day, we hear about some new problem the FDA faces 
in protecting our health. From contaminated seafood to tainted 
toothpaste, this agency is in dire need of congressional support to 
carry out its mission. We should be focusing our efforts on increasing 
the number of inspectors, and on renewing the expiring drug and device 
user fee laws.
  I ask my colleagues to think hard about what they are proposing when 
they suggest FDA regulation is the way to defeat tobacco. My record is 
clear when it comes to tobacco. I am no friend of big tobacco and I 
have never taken a dime of tobacco company money for my campaigns. I 
don't intend to start now. But I absolutely reject the notion that the 
way to show you're ``for kids'' and ``against Big Tobacco'' is by 
sending the Nation's premier public health watchdog out to fight for 
safety with one hand tied behind its back. We must not mandate the FDA 
seal of approval on a deadly product that has no health benefit 
whatsoever. We can do better. Will you join me?

  Health Science Research for Harm Reduction--New Positions at Philip 
                               Morris USA

       The Health Sciences Research Division of PM USA is seeking 
     Leading Scientists in several biomedical-related research 
     areas.
       The primary goal of the Health Sciences Research Division 
     (HSR) is to conduct health science research to facilitate the 
     development of new methods and technologies with the 
     potential to reduce harm associated with our products.
       In June 2007, PM USA research scientists will begin 
     occupying the new 450,000 sq. ft., state-of-the-art Center 
     for Research and Technology (CRT) facility. HSR scientists 
     will work in collaboration with other PM USA scientists at 
     the CRT to investigate and discover technologies for the 
     reduction of harm associated with our products.
       Cigarette Smoke-Related Disease Scientists: Will 
     participate in the development of models and biomarkers of 
     cigarette smoke-related diseases including: Cancer Scientists 
     investigating cancer with emphasis on lung cancer. COPD 
     Scientists investigating chronic obstructive pulmonary 
     disease. CVD Scientists investigating cardiovascular disease.
       Experimental Pathologists: Will participate in the 
     development and use of microscopic and imaging techniques to 
     investigate the cause of cigarette smoke-related diseases.
       Oxidative Stress Scientists: Will participate in studies 
     investigating the role of oxidative damage and cell death 
     processes in cigarette smoke-related diseases.
       Inflammation/Immune System Scientists: Will participate in 
     studies investigating the role of inflammatory/immunological 
     processes in cigarette smoke-related diseases.
       Inhalation Toxicologist for Aerosol Dosimetry: Will 
     participate in studies investigating in vitro and in vivo 
     exposure to cigarette smoke to quantify airway smoke 
     deposition and develop relevant exposure models.
       Toxicologist for PK-PD Studies: Will study the PK-PD of 
     exposure to cigarette smoke during smoke inhalation for the 
     purpose of developing clinically predictive cell and tissue 
     dose models.
       Epidemiologists (Molecular/Genetic and Chronic Disease): 
     Will participate in the design, conduct and analysis of 
     large-scale, high-throughput, molecular and chronic disease 
     epidemiologic studies on the cause of cigarette smoke-related 
     diseases (CVD, COPD, Cancer).
       Biostatisticians: Will participate in the design and 
     analysis of large-scale epidemiologic, in vitro and in vivo 
     studies on the cause of cigarette smoke-related diseases 
     (CVD, COPD, Cancer).
       Geneticists (Statistical and Population): Will participate 
     in the design and analysis of large-scale, high-throughput, 
     molecular epidemiologic and in vivo studies on cigarette 
     smoke-related diseases (CVD, COPD, Cancer).
       Complex Systems Analysts (Systems Biology): Will 
     participate in the integration and modeling of high-
     throughput, cross-platform, trans-species data on cigarette 
     smoke-related diseases (CVD, COPD, Cancer).
                                 ______
                                 
      By Mr. BIDEN (for himself, Mr. Levin, and Mr. Lautenberg):
  S. 1839. A bill to require periodic reports on claims related to acts 
of terrorism against Americans perpetrated or supported by the 
Government of Libya; to the Committee on Foreign Relations.
  Mr. BIDEN. Mr. President, today I introduce, along with Senators 
Levin and Lautenberg, a piece of legislation which I hope will help the 
American victims of Libyan terrorism and their families move one step 
closer to receiving justice for the terrible crimes committed against 
them. Our legislation requires the administration to submit to Congress 
twice yearly reports on the status of the outstanding legal claims by 
these American victims and their families against the government of 
Libya. It also requires the administration to explain its own efforts 
on their behalf.
  I believe it is in the United States' strategic interest to develop 
better relations with Libya. Colonel Qaddafi renounced terrorism and 
dismantled Libyan weapons of mass destruction programs. We need to 
demonstrate to the rogue regimes of the world that there is a path back 
to the civilized community of nations. Libya is an important country in 
its own right as a gateway between Europe and Africa, as a country 
which shares a border with the Darfur region of Sudan, and as an OPEC 
member.
  But for this relationship to advance, we need to come to terms with 
the past. Several hundred Americans have been killed by Libyan 
terrorism and scores more have been injured. The Libyan regime has 
accepted responsibility for the heinous Pan Am 103 bombing, which 
killed 270 Americans. That admission also helped pave the way to the 
negotiations that led to Libya's renunciation of its support for 
terrorism and its WMD programs. But the families of the victims of Pan 
Am 103 are still waiting for the final settlement of their case. Last 
year, the Libyan government agreed to terms with the victims of the La 
Belle discotheque bombing in Germany. But they have since refused to 
honor the previously agreed upon terms. Other victims of Libyan terror 
are still waiting for justice. Their cases may be smaller in scale, but 
pain that the victims and their families have suffered is no less real.
  The victims and families deserve to know what their government is 
doing on their behalf to settle these cases. Colonel Qaddafi needs to 
understand that the way forward needs to account for the past. And the 
State Department needs to begin to develop a coherent vision for what 
we hope to achieve in the Libyan--American relationship.
  This piece of legislation we offer is modest, but I believe that it 
can help us to make progress in each of these three aspects.
  Lastly, I would like to say a few words about the human rights 
conditions inside Libya. Yes, Americans are interested in Libya's 
external behavior.

[[Page S9624]]

But we are also concerned about the human rights conditions within 
Libya. I am relieved that the death sentence of the six Bulgarian 
nurses and Palestinian doctor accused of infecting Libyan children with 
HIV has been commuted. But the case against them is preposterous, as 
confirmed by rigorous investigations into the allegations by UNESCO and 
the World Health Organization. That they remain in jail is outrageous.
  For more than 3 years, years, I have been calling for the release of 
Fathi Eljahmi, a courageous democracy advocate with serious health 
problems whose only crime is to speak truth to power. I again call on 
the Libyan government to release Mr. Eljahmi.

                          ____________________