[Congressional Record Volume 153, Number 138 (Tuesday, September 18, 2007)]
[Senate]
[Pages S11656-S11667]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. FEINGOLD (for himself, Mr. Lieberman, Mrs. Lincoln, Mr.
Dodd, and Mr. Obama):
S. 2060. A bill to amend the Elementary and Secondary Education Act
of 1965 to establish a Volunteer Teacher Advisory Committee; to the
Committee on Health, Education, Labor, and Pensions.
Mr. FEINGOLD. Mr. President, I am today introducing the Teachers at
the Table Act of 2007. This bill is the Senate companion to legislation
introduced in the House of Representatives earlier this year by
Representative Carolyn McCarthy of New York and Representative Lee
Terry of Nebraska. I am pleased this legislation is cosponsored by my
colleagues, Senator Joseph Lieberman of Connecticut, Senator Blanche
Lincoln of Arkansas, and Senator Christopher Dodd of Connecticut.
This legislation would create a Volunteer Teacher Advisory Committee
to advise Congress and the Department of Education on the impact of No
Child Left Behind, NCLB, on students, their families, and the classroom
learning environment. The teachers serving on this Committee would be
chosen from past or present state or national Teachers of the Year and
would be competitively selected by the Secretary of Education and the
majority and minority leaders of both the U.S. Senate and the House of
Representatives.
Every year I travel to each of Wisconsin's 72 counties to hold a
listening session to listen to Wisconsinites concerns and answer their
questions. Since NCLB was enacted in early 2002, education has rated as
one of the top issues brought up at my listening sessions. I have
received feedback from constituents about the noble intentions of NCLB,
but I have also heard
[[Page S11657]]
about the multitude of implementation problems with the law's
provisions. The feedback from teachers, parents, school administrators,
and school board members has been invaluable over the past 5 years and
yesterday, I introduced the Improving Student Testing Act of 2007 in
response to some of that feedback.
The Teachers at the Table bill I am introducing today seeks to help
ensure that Congress and the Department of Education receive high-
quality yearly feedback on how NCLB is impacting classroom learning
around the country. The teachers who will serve on the committee will
be competitively chosen from past and present Teachers of the Year, who
represent some of the best that teaching has to offer. The bill would
create a committee of twenty teachers, with four selected by the
Secretary of Education and four selected by each of the majority and
minority leaders in the U.S. Senate and House of Representatives. These
teachers would serve 2-year terms on the advisory committee and would
work to prepare annual reports to Congress as well as quarterly updates
on the law's implementation.
Every State and every school district is different and this
legislation ensures that the teacher advisory committee will represent
a wide range of viewpoints. The bill specifies that the volunteer
teacher advisory committee should include teachers from diverse
geographic areas, teachers who teach different grade levels, and
teachers from a variety of specialty areas. Creating a diverse
committee will help ensure that the committee presents a broad range of
viewpoints on NCLB to Congress and the Department of Education.
Much work needs to be done this fall to reform many of the mandates
of NCLB and I look forward to working with my colleagues during the
reauthorization to make those necessary changes. One thing is certain--
whatever form the reauthorized NCLB takes, there will be a need for
consistent feedback from a diverse range of viewpoints.
We need to ensure that the voices of students, educators, parents,
and administrators, who are on the front-lines of education reform in
our country, are heard during the reauthorization of NCLB this fall and
going forward during the reauthorized law's implementation in years to
come. This bill seeks to help address that need by enlisting the
service of some of America's best teachers in providing information to
Federal education policymakers. The advisory committee created by this
legislation will provide nationwide feedback and will allow Congress to
hear about NCLB directly from those who deal with the law and its
consequences on a daily basis.
______
By Mr. HARKIN (for himself, Mr. Kennedy, Mrs. Murray, Mr. Dodd,
Mrs. Clinton, Mr. Obama, Mrs. Boxer, Mr. Schumer, Ms. Cantwell,
and Mr. Casey):
S. 2061. A bill to amend the Fair Labor Standards Act of 1938 to
exempt certain home health workers from the provisions of such Act; to
the Committee on Health, Education, Labor, and Pensions.
Mr. HARKIN. Mr. President, I have come to the floor, today, to
introduce the Fair Home Health Care Act of 2007 to recognize the
extraordinary value of the services that home health care workers
perform. This legislation is in response to a Supreme Court decision in
June that ruled that home care workers are not entitled to the
protections provided by the Fair Labor Standards Act.
At the center of that case was a 73-year-old retiree named Evelyn
Coke, who spent some two decades of her life cooking, bathing, feeding,
and caring for the everyday medical needs of people who cannot take
care of themselves. Today, Evelyn Coke suffers from kidney failure. But
despite 20 years of working more than 40 hours a week, she can't afford
a home health care worker to take care of her. She sued her employer
for not paying time-and-a-half pay for all those hours that she worked
overtime but was denied premium pay by way of compensation.
Unfortunately, Evelyn Coke lost her case before the Court because of an
outdated exemption to the Federal minimum wage and overtime laws.
In 1974, Congress expanded the Fair Labor Standards Act, FLSA,
include protections for most domestic workers, such as chauffeurs and
housekeepers. However, a narrow exemption was created for employees
providing ``companionship services'' to seniors and people with
disabilities. At that time, home care, like babysitting, was largely
provided by neighbors and friends.
In the three decades since the exemption was created, the numbers of
home care workers and their responsibilities have expanded dramatically
as the population has aged and more and more people are choosing long-
term health care services in their homes rather than in institutions.
There are more than 1 million home care workers in the U.S. They
provide physically and emotionally demanding and often life-sustaining
care for the elderly and disabled still living in their own homes.
This bill brings together two issues that are very close to my
heart--on the one hand, independent living and quality of life for
seniors and people with disabilities, and, on the other hand, the basic
rights of American workers to premium pay for overtime work. Service
providers and the people they serve agree on this: no one is served
well when home care workers are not paid a living wage. Home care
workers deserve fair pay. Seniors and people with disabilities deserve
continuous relationships with home care aides that they can trust to
deliver the care that they need.
Last week, several constituents who provide these kinds of services
came to my office. One man, Pete Faust, has worked in home care
settings for 30 years. Pete makes $12 an hour and admits he has trouble
making ends meet; the overtime pay he receives makes it possible to pay
the bills. He knows that he could go work somewhere else and make twice
as much, but he worries that it is hard on his clients not to see the
same friendly familiar face on a regular basis.
Casey Cole is another of my constituents, and he is in a similar
position. He works 12 days in a row, and then gets two days off. Often,
however, there isn't anyone else to cover the shifts when he is off, so
he will work 26 days in a row. Even his days off aren't really days
off, because he's answering calls or checking in to make sure that all
the people under his care are getting their needs met.
Not everyone is fortunate enough to have a Pete Faust or a Casey Cole
to help them out. There is a shortage of qualified home care workers,
and of there is high turnover in the field. Some 86 percent of direct
care workers turn over every year. Almost 90 percent of homecare
workers are women, and they are predominantly minority women, making an
average of just $9 an hour.
The reason for the shortage of people to do this work is certainly
not a shortage of compassion. The problem is that people need to be
able to make a living wage when they have their own families to take
care of. It is high time to grant these hard-working people the minimum
wage and overtime protection. That is why I am introducing this
legislation, today.
The Fair Home Health Care Act will include home care workers under
the same rules that currently cover babysitters. That is to say, they
will be entitled to Fair Labor Standards Act protections if they are
not employed on a ``casual basis.'' Casual basis is defined as
employment on an irregular or intermittent basis, when the employee's
primary vocation is not the provision of homecare, the employee is not
employed by an agency other than the family or household using his or
her services, and the employee does not work more than 20 hours per
week.
I urge my colleagues to join me in cosponsoring this legislation. The
bill will improve pay for hardworking caregivers, and it will increase
access to care for our Nation's seniors and people with disabilities.
______
By Mr. DORGAN (for himself, Mr. Reid, Ms. Murkowski, Mr. Inouye,
Mr. Johnson, Ms. Cantwell, Mr. Tester, Mr. Bingaman, and Mr.
Domenici):
S. 2062. A bill to amend the Native American Housing Assistance and
Self-Determination Act of 1996 to reauthorize that Act, and for other
purposes; to the Committee on Indian Affairs.
[[Page S11658]]
Mr. DORGAN. Mr. President, I am here today with my colleagues
Senators Reid, Murkowski, Inouye, Johnson, Tester, Domenici and
Bingaman to introduce legislation to reauthorize and amend the Native
American Housing Assistance and Self-Determination Act, NAHASDA. This
bill, the Native American Housing Assistance and Self-Determination
Reauthorization Act of 2007 will not only reauthorize the primary
housing programs for Indian Country but it will enhance the crucial
services provided under these programs.
The Native American Housing Assistance and Self-Determination Act
provides formula-based block grant assistance to Indian tribes which
allows them the flexibility to design housing programs to address the
needs of their communities. Since its adoption in 1996, the Native
American Housing Assistance and Self-Determination Act has transformed
the way in which Indian housing is provided in the tribal communities.
It is clear that the programs have been very successful. For example,
in 2006, Tribes have been able to build, acquire, or substantially
rehabilitate more than 1,600 rental units and more than 6,000
homeownership units. Each of these units became a home to an American
Indian or Alaska Native family.
Even with these improvements, we are still facing a housing crisis in
Indian Country. At the Senate Committee on Indian Affairs March and
July hearings on Indian housing, we heard alarming statistics: 90,000
Indian families are homeless or under-housed. Approximately 40 percent
of on-reservation housing is considered inadequate. Over one-third of
Indian homes are overcrowded. More than 230,000 housing units are
immediately needed to provide adequate housing in Indian Country.
Tribal elders in the Northern Plains are living in homes without
roofs, with only tarps to shield them from the harsh elements
including below-zero temperatures. Indian children across the country
are forced to live in overcrowded conditions in homes with 23 other
people or in trailers in the Northern Plains with wood stoves and no
fresh drinking water. This is a national disgrace. How are children
supposed to grow and learn in these conditions and how are communities
supposed to thrive? This is particularly distressing given the fact
that funding for Indian housing has decreased over the last several
years, because it has not kept up with inflation and the rising cost of
building materials.
The U.S. has a trust responsibility to provide housing for our First
Americans. The bill my colleagues and I are introducing today will
strengthen NAHASDA by providing tribes with increased flexibility, with
the goal of producing more homes in Indian country. The amendments are
incremental changes to current law. We realize that ``one size does not
fit all'' in Indian housing. Housing needs in the Great Plains differ
greatly from those in the southwest. This is why we retained the basic
structure of the Indian Housing Block Grant Program, because through
this block grant program, tribes and tribal housing entities are able
to use the funds to serve their unique needs.
NAHASDA works and with the amendments we are proposing, it will
continue to improve housing conditions for American Indians and Alaska
Natives. Please allow me to highlight some of the major amendments we
are proposing.
Title I of the bill would reauthorize the Indian housing block grant
and amend the program to streamline reporting requirements. Title I
will also allow Indian tribes to have increased flexibility in running
their housing programs by allowing funds to be utilized for community
buildings such as day-care centers, Laundromats, and multi-purpose
community centers. Through housing we are not only building homes, but
the hope is to also build communities.
Title II of the bill creates a new Self-Determined Housing Activities
program under which grant recipients may use a portion of their funding
to meet their distinct needs in a self-determined manner. This title
also expands the list of activities that grant funds may be used for to
include operation, maintenance and rehabilitation of rental and
homeownership units, mold remediation and necessary infrastructure.
Title III of the bill authorizes a study to assess the existing data
sources for determining the need for housing for funding purposes,
while Title VI creates a new demonstration project to allow grant
recipients to access vital economic development and infrastructure
programs.
I am committed to finding ways to provide more homes in Indian
Country. The Native American Housing Assistance and Self-Determination
Reauthorization Act of 2007 is an important and crucial step towards
fulfilling this commitment. 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. 2062
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Native
American Housing Assistance and Self-Determination
Reauthorization Act of 2007''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Congressional findings.
Sec. 3. Definitions.
TITLE I--BLOCK GRANTS AND GRANT REQUIREMENTS
Sec. 101. Block grants.
Sec. 102. Indian housing plans.
Sec. 103. Review of plans.
Sec. 104. Treatment of program income and labor standards.
Sec. 105. Regulations.
TITLE II--AFFORDABLE HOUSING ACTIVITIES
Sec. 201. National objectives and eligible families.
Sec. 202. Eligible affordable housing activities.
Sec. 203. Program requirements.
Sec. 204. Low-income requirement and income targeting.
Sec. 205. Treatment of funds.
Sec. 206. Availability of records.
Sec. 207. Self-determined housing activities for tribal communities
program.
TITLE III--ALLOCATION OF GRANT AMOUNTS
Sec. 301. Allocation formula.
TITLE IV--COMPLIANCE, AUDITS, AND REPORTS
Sec. 401. Remedies for noncompliance.
Sec. 402. Monitoring of compliance.
Sec. 403. Performance reports.
TITLE V--TERMINATION OF ASSISTANCE FOR INDIAN TRIBES UNDER INCORPORATED
PROGRAMS
Sec. 501. Effect on Home Investment Partnerships Act.
TITLE VI--GUARANTEED LOANS TO FINANCE TRIBAL COMMUNITY AND ECONOMIC
DEVELOPMENT ACTIVITIES
Sec. 601. Demonstration program for guaranteed loans to finance tribal
community and economic development activities.
TITLE VII--OTHER HOUSING ASSISTANCE FOR NATIVE AMERICANS
Sec. 701. Training and technical assistance.
TITLE VIII--FUNDING
Sec. 801. Authorization of appropriations.
Sec. 802. Funding conforming amendments.
SEC. 2. CONGRESSIONAL FINDINGS.
Section 2 of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4101) is amended in
paragraphs (6) and (7) by striking ``should'' each place it
appears and inserting ``shall''.
SEC. 3. DEFINITIONS.
Section 4 of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4103) is amended--
(1) by striking paragraph (22);
(2) by redesignating paragraphs (8) through (21) as
paragraphs (9) through (22), respectively; and
(3) by inserting after paragraph (7) the following:
``(8) Housing related community development.--
``(A) In general.--The term `housing related community
development' means any facility, community building,
business, activity, or infrastructure that--
``(i) is owned by an Indian tribe or a tribally designated
housing entity;
``(ii) is necessary to the provision of housing in an
Indian area; and
``(iii)(I) would help an Indian tribe or tribally
designated housing entity to reduce the cost of construction
of Indian housing;
``(II) would make housing more affordable, accessible, or
practicable in an Indian area; or
``(III) would otherwise advance the purposes of this Act.
``(B) Exclusion.--The term `housing and community
development' does not include any activity conducted by any
Indian tribe under the Indian Gaming Regulatory Act (25
U.S.C. 2701 et seq.).''.
[[Page S11659]]
TITLE I--BLOCK GRANTS AND GRANT REQUIREMENTS
SEC. 101. BLOCK GRANTS.
Section 101 of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4111) is amended--
(1) in subsection (a)--
(A) in the first sentence--
(i) by striking ``For each'' and inserting the following:
``(1) In general.--For each'';
(ii) by striking ``tribes to carry out affordable housing
activities.'' and inserting the following: ``tribes--
``(A) to carry out affordable housing activities under
subtitle A of title II; and''; and
(iii) by adding at the end the following:
``(B) to carry out self-determined housing activities for
tribal communities programs under subtitle B of that
title.''; and
(B) in the second sentence, by striking ``Under'' and
inserting the following:
``(2) Provision of amounts.--Under'';
(2) in subsection (g), by inserting ``of this section and
subtitle B of title II'' after ``subsection (h)''; and
(3) by adding at the end the following:
``(j) Federal Supply Sources.--For purposes of section 501
of title 40, United States Code, on election by the
applicable Indian tribe--
``(1) each Indian tribe or tribally designated housing
entity shall be considered to be an Executive agency in
carrying out any program, service, or other activity under
this Act; and
``(2) each Indian tribe or tribally designated housing
entity and each employee of the Indian tribe or tribally
designated housing entity shall have access to sources of
supply on the same basis as employees of an Executive agency.
``(k) Tribal Preference in Employment and Contracting.--
Notwithstanding any other provision of law, with respect to
any grant (or portion of a grant) made on behalf of an Indian
tribe under this Act that is intended to benefit 1 Indian
tribe, the tribal employment and contract preference laws
(including regulations and tribal ordinances ) adopted by the
Indian tribe that receives the benefit shall apply with
respect to the administration of the grant (or portion of a
grant).''.
SEC. 102. INDIAN HOUSING PLANS.
Section 102 of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4112) is amended--
(1) in subsection (a)(1)--
(A) by striking ``(1)(A) for'' and all that follows through
the end of subparagraph (A) and inserting the following:
``(1)(A) for an Indian tribe to submit to the Secretary, by
not later than 75 days before the beginning of each tribal
program year, a 1-year housing plan for the Indian tribe;
or''; and
(B) in subparagraph (B), by striking ``subsection (d)'' and
inserting ``subsection (c)'';
(2) by striking subsections (b) and (c) and inserting the
following:
``(b) 1-Year Plan Requirement.--
``(1) In general.--A housing plan of an Indian tribe under
this section shall--
``(A) be in such form as the Secretary may prescribe; and
``(B) contain the information described in paragraph (2).
``(2) Required information.--A housing plan shall include
the following information with respect to the tribal program
year for which assistance under this Act is made available:
``(A) Description of planned activities.--A statement of
planned activities, including--
``(i) the types of household to receive assistance;
``(ii) the types and levels of assistance to be provided;
``(iii) the number of units planned to be produced;
``(iv)(I) a description of any housing to be demolished or
disposed of;
``(II) a timetable for the demolition or disposition; and
``(III) any other information required by the Secretary
with respect to the demolition or disposition;
``(v) a description of the manner in which the recipient
will protect and maintain the viability of housing owned and
operated by the recipient that was developed under a contract
between the Secretary and an Indian housing authority
pursuant to the United States Housing Act of 1937 (42 U.S.C.
1437 et seq.); and
``(vi) outcomes anticipated to be achieved by the
recipient.
``(B) Statement of needs.--A statement of the housing needs
of the low-income Indian families residing in the
jurisdiction of the Indian tribe, and the means by which
those needs will be addressed during the applicable period,
including--
``(i) a description of the estimated housing needs and the
need for assistance for the low-income Indian families in the
jurisdiction, including a description of the manner in which
the geographical distribution of assistance is consistent
with the geographical needs and needs for various categories
of housing assistance; and
``(ii) a description of the estimated housing needs for all
Indian families in the jurisdiction.
``(C) Financial resources.--An operating budget for the
recipient, in such form as the Secretary may prescribe, that
includes--
``(i) an identification and description of the financial
resources reasonably available to the recipient to carry out
the purposes of this Act, including an explanation of the
manner in which amounts made available will leverage
additional resources; and
``(ii) the uses to which those resources will be committed,
including eligible and required affordable housing activities
under title II and administrative expenses.
``(D) Certification of compliance.--Evidence of compliance
with the requirements of this Act, including, as
appropriate--
``(i) a certification that, in carrying out this Act, the
recipient will comply with the applicable provisions of title
II of the Civil Rights Act of 1968 (25 U.S.C. 1301 et seq.)
and other applicable Federal laws and regulations;
``(ii) a certification that the recipient will maintain
adequate insurance coverage for housing units that are owned
and operated or assisted with grant amounts provided under
this Act, in compliance with such requirements as the
Secretary may establish;
``(iii) a certification that policies are in effect and are
available for review by the Secretary and the public
governing the eligibility, admission, and occupancy of
families for housing assisted with grant amounts provided
under this Act;
``(iv) a certification that policies are in effect and are
available for review by the Secretary and the public
governing rents and homebuyer payments charged, including the
methods by which the rents or homebuyer payments are
determined, for housing assisted with grant amounts provided
under this Act;
``(v) a certification that policies are in effect and are
available for review by the Secretary and the public
governing the management and maintenance of housing assisted
with grant amounts provided under this Act; and
``(vi) a certification that the recipient will comply with
section 104(b).'';
(3) by redesignating subsections (d) through (f) as
subsections (c) through (e), respectively; and
(4) in subsection (d) (as redesignated by paragraph (3)),
by striking ``subsection (d)'' and inserting ``subsection
(c)''.
SEC. 103. REVIEW OF PLANS.
Section 103 of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4113) is amended--
(1) in subsection (d)--
(A) in the first sentence--
(i) by striking ``fiscal'' each place it appears and
inserting ``tribal program''; and
(ii) by striking ``(with respect to'' and all that follows
through ``section 102(c))''; and
(B) by striking the second sentence; and
(2) by striking subsection (e) and inserting the following:
``(e) Self-Determined Activities Program.--Notwithstanding
any other provision of this section, the Secretary--
``(1) shall review the information included in an Indian
housing plan pursuant to subsections (b)(4) and (c)(7) only
to determine whether the information is included for purposes
of compliance with the requirement under section 232(b)(2);
and
``(2) may not approve or disapprove an Indian housing plan
based on the content of the particular benefits, activities,
or results included pursuant to subsections (b)(4) and
(c)(7).''.
SEC. 104. TREATMENT OF PROGRAM INCOME AND LABOR STANDARDS.
Section 104(a) of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4114(a)) is
amended by adding at the end the following:
``(4) Exclusion from program income of regular developer's
fees for low-income housing tax credit projects.--
Notwithstanding any other provision of this Act, any income
derived from a regular and customary developer's fee for any
project that receives a low-income housing tax credit under
section 42 of the Internal Revenue Code of 1986, and that is
initially funded using a grant provided under this Act, shall
not be considered to be program income if the developer's fee
is approved by the State housing credit agency.''.
SEC. 105. REGULATIONS.
Section 106(b)(2) of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4116(b)(2)) is
amended--
(1) in subparagraph (B)(i), by striking ``The Secretary''
and inserting ``Not later than 180 days after the date of
enactment of the Native American Housing Assistance and Self-
Determination Reauthorization Act of 2007 and any other Act
to reauthorize this Act, the Secretary''; and
(2) by adding at the end the following:
``(C) Subsequent negotiated rulemaking.--The Secretary
shall--
``(i) initiate a negotiated rulemaking in accordance with
this section by not later than 90 days after the date of
enactment of the Native American Housing Assistance and Self-
Determination Reauthorization Act of 2007 and any other Act
to reauthorize this Act; and
``(ii) promulgate regulations pursuant to this section by
not later than 2 years after the date of enactment of the
Native American Housing Assistance and Self-Determination
Reauthorization Act of 2007 and any other Act to reauthorize
this Act.
``(D) Review.--Not less frequently than once every 7 years,
the Secretary, in consultation with Indian tribes, shall
review the regulations promulgated pursuant to this section
in effect on the date on which the review is conducted.''.
[[Page S11660]]
TITLE II--AFFORDABLE HOUSING ACTIVITIES
SEC. 201. NATIONAL OBJECTIVES AND ELIGIBLE FAMILIES.
Section 201(b) of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4131(b)) is
amended--
(1) in paragraph (1), by inserting ``and except with
respect to loan guarantees under title VI,'' after
``paragraphs (2) and (4),'';
(2) in paragraph (2)--
(A) by striking the first sentence and inserting the
following:
``(A) Exception to requirement.--Notwithstanding paragraph
(1), a recipient may provide housing or housing assistance
through affordable housing activities for which a grant is
provided under this Act to any family that is not a low-
income family, to the extent that the Secretary approves the
activities due to a need for housing for those families that
cannot reasonably be met without that assistance.''; and
(B) in the second sentence, by striking ``The Secretary''
and inserting the following:
``(B) Limits.--The Secretary'';
(3) in paragraph (3)--
(A) in the paragraph heading, by striking ``Non-indian''
and inserting ``Essential''; and
(B) by striking ``non-Indian family'' and inserting
``family''; and
(4) in paragraph (4)(A)(i), by inserting ``or other unit of
local government,'' after ``county,''.
SEC. 202. ELIGIBLE AFFORDABLE HOUSING ACTIVITIES.
Section 202 of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4132) is amended--
(1) in the matter preceding paragraph (1), by striking ``to
develop or to support'' and inserting ``to develop, operate,
maintain, or support'';
(2) in paragraph (2)--
(A) by striking ``development of utilities'' and inserting
``development and rehabilitation of utilities, necessary
infrastructure,''; and
(B) by inserting ``mold remediation,'' after ``energy
efficiency,'';
(3) in paragraph (4), by inserting ``the costs of operation
and maintenance of units developed with funds provided under
this Act,'' after ``rental assistance,''; and
(4) by adding at the end the following:
``(9) Reserve accounts.--
``(A) In general.--Subject to subparagraph (B), the deposit
of amounts, including grant amounts under section 101, in a
reserve account established for an Indian tribe only for the
purpose of accumulating amounts for administration and
planning relating to affordable housing activities under this
section, in accordance with the Indian housing plan of the
Indian tribe.
``(B) Maximum amount.--A reserve account established under
subparagraph (A) shall consist of not more than an amount
equal to \1/4\ of the 5-year average of the annual amount
used by a recipient for administration and planning under
paragraph (2).''.
SEC. 203. PROGRAM REQUIREMENTS.
Section 203 of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4133) is amended by
adding at the end the following:
``(f) Use of Grant Amounts Over Extended Periods.--
``(1) In general.--To the extent that the Indian housing
plan for an Indian tribe provides for the use of amounts of a
grant under section 101 for a period of more than 1 fiscal
year, or for affordable housing activities for which the
amounts will be committed for use or expended during a
subsequent fiscal year, the Secretary shall not require those
amounts to be used or committed for use at any time earlier
than otherwise provided for in the Indian housing plan.
``(2) Carryover.--Any amount of a grant provided to an
Indian tribe under section 101 for a fiscal year that is not
used by the Indian tribe during that fiscal year may be used
by the Indian tribe during any subsequent fiscal year.
``(g) De Minimis Exemption for Procurement of Goods and
Services.--Notwithstanding any other provision of law, a
recipient shall not be required to act in accordance with any
otherwise applicable competitive procurement rule or
procedure with respect to the procurement, using a grant
provided under this Act, of goods and services the value of
which is less than $5,000.''.
SEC. 204. LOW-INCOME REQUIREMENT AND INCOME TARGETING.
Section 205 of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4135) is amended by
adding at the end the following:
``(c) Applicability.--This section applies only to rental
and homeownership units that are owned or operated by a
recipient.''.
SEC. 205. TREATMENT OF FUNDS.
The Native American Housing Assistance and Self-
Determination Act of 1996 is amended by inserting after
section 205 (25 U.S.C. 4135) the following:
``SEC. 206. TREATMENT OF FUNDS.
``Notwithstanding any other provision of law, tenant- and
project-based rental assistance provided using funds made
available under this Act shall not be considered to be
Federal funds for purposes of section 42 of the Internal
Revenue Code of 1986.''.
SEC. 206. AVAILABILITY OF RECORDS.
Section 208(a) of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4138(a)) is
amended by inserting ``applicants for employment, and of''
after ``records of''.
SEC. 207. SELF-DETERMINED HOUSING ACTIVITIES FOR TRIBAL
COMMUNITIES PROGRAM.
(a) Establishment of Program.--Title II of the Native
American Housing Assistance and Self-Determination Act of
1996 (25 U.S.C. 4131 et seq.) is amended--
(1) by inserting after the title designation and heading
the following:
``Subtitle A--General Block Grant Program'';
and
(2) by adding at the end the following:
``Subtitle B--Self-Determined Housing Activities for Tribal Communities
``SEC. 231. PURPOSE.
``The purpose of this subtitle is to establish a program
for self-determined housing activities for the tribal
communities to provide Indian tribes with the flexibility to
use a portion of the grant amounts under section 101 for the
Indian tribe in manners that are wholly self-determined by
the Indian tribe for housing activities involving
construction, acquisition, rehabilitation, or infrastructure
relating to housing activities or housing that will benefit
the community served by the Indian tribe.
``SEC. 232. PROGRAM AUTHORITY.
``(a) Definition of Qualifying Indian Tribe.--In this
section, the term `qualifying Indian tribe' means, with
respect to a fiscal year, an Indian tribe or tribally
designated housing entity--
``(1) on behalf of which a grant is made under section 101;
``(2) that has complied with the requirements of section
102(b)(6); and
``(3) that, during the preceding 3-fiscal-year period, has
no unresolved significant and material audit findings or
exceptions, as demonstrated in--
``(A) the annual audits of that period completed under
chapter 75 of title 31, United States Code (commonly known as
the `Single Audit Act'); or
``(B) an independent financial audit prepared in accordance
with generally accepted auditing principles.
``(b) Authority.--Under the program under this subtitle,
for each of fiscal years 2008 through 2012, the recipient for
each qualifying Indian tribe may use the amounts specified in
subsection (c) in accordance with this subtitle.
``(c) Amounts.--With respect to a fiscal year and a
recipient, the amounts referred to in subsection (b) are
amounts from any grant provided under section 101 to the
recipient for the fiscal year, as determined by the
recipient, but in no case exceeding the lesser of--
``(1) an amount equal to 20 percent of the total grant
amount for the recipient for that fiscal year; and
``(2) $2,000,000.
``SEC. 233. USE OF AMOUNTS FOR HOUSING ACTIVITIES.
``(a) Eligible Housing Activities.--Any amounts made
available for use under this subtitle by a recipient for an
Indian tribe shall be used only for housing activities, as
selected at the discretion of the recipient and described in
the Indian housing plan for the Indian tribe pursuant to
section 102(b)(6), for the construction, acquisition, or
rehabilitation of housing or infrastructure to provide a
benefit to families described in section 201(b)(1).
``(b) Prohibition on Certain Activities.--Amounts made
available for use under this subtitle may not be used for
commercial or economic development.
``SEC. 234. INAPPLICABILITY OF OTHER PROVISIONS.
``(a) In General.--Except as otherwise specifically
provided in this Act, title I, subtitle A of title II, and
titles III through VIII shall not apply to--
``(1) the program under this subtitle; or
``(2) amounts made available in accordance with this
subtitle.
``(b) Applicable Provisions.--The following provisions of
titles I through VIII shall apply to the program under this
subtitle and amounts made available in accordance with this
subtitle:
``(1) Section 101(c) (relating to local cooperation
agreements).
``(2) Subsections (d) and (e) of section 101 (relating to
tax exemption).
``(3) Section 101(j) (relating to Federal supply sources).
``(4) Section 101(k) (relating to tribal preference in
employment and contracting).
``(5) Section 102(b)(4) (relating to certification of
compliance).
``(6) Section 104 (relating to treatment of program income
and labor standards).
``(7) Section 105 (relating to environmental review).
``(8) Section 201(b) (relating to eligible families).
``(9) Section 203(c) (relating to insurance coverage).
``(10) Section 203(g) (relating to a de minimis exemption
for procurement of goods and services).
``(11) Section 206 (relating to treatment of funds).
``(12) Section 209 (relating to noncompliance with
affordable housing requirement).
``(13) Section 401 (relating to remedies for
noncompliance).
``(14) Section 408 (relating to public availability of
information).
``(15) Section 702 (relating to 50-year leasehold interests
in trust or restricted lands for housing purposes).
[[Page S11661]]
``SEC. 235. REVIEW AND REPORT.
``(a) Review.--During calendar year 2011, the Secretary
shall conduct a review of the results achieved by the program
under this subtitle to determine--
``(1) the housing constructed, acquired, or rehabilitated
under the program;
``(2) the effects of the housing described in paragraph (1)
on costs to low-income families of affordable housing;
``(3) the effectiveness of each recipient in achieving the
results intended to be achieved, as described in the Indian
housing plan for the Indian tribe; and
``(4) the need for, and effectiveness of, extending the
duration of the program and increasing the amount of grants
under section 101 that may be used under the program.
``(b) Report.--Not later than December 31, 2011, the
Secretary shall submit to Congress a report describing the
information obtained pursuant to the review under subsection
(a) (including any conclusions and recommendations of the
Secretary with respect to the program under this subtitle),
including--
``(1) recommendations regarding extension of the program
for subsequent fiscal years and increasing the amounts under
section 232(c) that may be used under the program; and
``(2) recommendations for--
``(A)(i) specific Indian tribes or recipients that should
be prohibited from participating in the program for failure
to achieve results; and
``(ii) the period for which such a prohibition should
remain in effect; or
``(B) standards and procedures by which Indian tribes or
recipients may be prohibited from participating in the
program for failure to achieve results.
``(c) Provision of Information to Secretary.--
Notwithstanding any other provision of this Act, recipients
participating in the program under this subtitle shall
provide such information to the Secretary as the Secretary
may request, in sufficient detail and in a timely manner
sufficient to ensure that the review and report required by
this section is accomplished in a timely manner.''.
(b) Technical Amendment.--The table of contents in section
1(b) of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4101 note) is amended--
(1) by inserting after the item for title II the following:
``Subtitle A--General Block Grant Program'';
(2) by inserting after the item for section 205 the
following:
``Sec. 206. Treatment of funds.'';
and
(3) by inserting before the item for title III the
following:
``Subtitle B--Self-Determined Housing Activities for Tribal Communities
``Sec. 231. Purposes.
``Sec. 232. Program authority.
``Sec. 233. Use of amounts for housing activities.
``Sec. 234. Inapplicability of other provisions.
``Sec. 235. Review and report.''.
TITLE III--ALLOCATION OF GRANT AMOUNTS
SEC. 301. ALLOCATION FORMULA.
Section 302 of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4152) is amended--
(1) in subsection (a)--
(A) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary''; and
(B) by adding at the end the following:
``(2) Study of need data.--
``(A) In general.--The Secretary shall enter into a
contract with an organization with expertise in housing and
other demographic data collection methodologies under which
the organization, in consultation with Indian tribes and
Indian organizations, shall--
``(i) assess existing data sources, including alternatives
to the decennial census, for use in evaluating the factors
for determination of need described in subsection (b); and
``(ii) develop and recommend methodologies for collecting
data on any of those factors, including formula area, in any
case in which existing data is determined to be insufficient
or inadequate, or fails to satisfy the requirements of this
Act.
``(B) Authorization of appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this section, to remain available until
expended.''; and
(2) in subsection (b), by striking paragraph (1) and
inserting the following:
``(1)(A) The number of low-income housing dwelling units
developed under the United States Housing Act of 1937 (42
U.S.C. 1437 et seq.), pursuant to a contract between an
Indian housing authority for the tribe and the Secretary,
that are owned or operated by a recipient on the October 1 of
the calendar year immediately preceding the year for which
funds are provided, subject to the condition that such a unit
shall not be considered to be a low-income housing dwelling
unit for purposes of this section if--
``(i) the recipient ceases to possess the legal right to
own, operate, or maintain the unit; or
``(ii) the unit is lost to the recipient by conveyance,
demolition, or other means.
``(B) If the unit is a homeownership unit not conveyed
within 25 years from the date of full availability, the
recipient shall not be considered to have lost the legal
right to own, operate, or maintain the unit if the unit has
not been conveyed to the homebuyer for reasons beyond the
control of the recipient.
``(C) If the unit is demolished and the recipient rebuilds
the unit within 1 year of demolition of the unit, the unit
may continue to be considered a low-income housing dwelling
unit for the purpose of this paragraph.
``(D) In this paragraph, the term `reasons beyond the
control of the recipient' means, after making reasonable
efforts, there remain--
``(i) delays in obtaining or the absence of title status
reports;
``(ii) incorrect or inadequate legal descriptions or other
legal documentation necessary for conveyance;
``(iii) clouds on title due to probate or intestacy or
other court proceedings; or
``(iv) any other legal impediment.''.
TITLE IV--COMPLIANCE, AUDITS, AND REPORTS
SEC. 401. REMEDIES FOR NONCOMPLIANCE.
Section 401(a) of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4161(a)) is
amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(2) by inserting after paragraph (1) the following:
``(2) Substantial noncompliance.--The failure of a
recipient to comply with the requirements of section
302(b)(1) regarding the reporting of low-income dwelling
units shall not, in itself, be considered to be substantial
noncompliance for purposes of this title.''.
SEC. 402. MONITORING OF COMPLIANCE.
Section 403(b) of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4163(b)) is
amended in the second sentence by inserting ``an appropriate
level of'' after ``shall include''.
SEC. 403. PERFORMANCE REPORTS.
Section 404(b) of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4164(b)) is
amended--
(1) in paragraph (2)--
(A) by striking ``goals'' and inserting ``planned
activities''; and
(B) by adding ``and'' after the semicolon at the end;
(2) in paragraph (3), by striking ``; and'' at the end and
inserting a period; and
(3) by striking paragraph (4).
TITLE V--TERMINATION OF ASSISTANCE FOR INDIAN TRIBES UNDER INCORPORATED
PROGRAMS
SEC. 501. EFFECT ON HOME INVESTMENT PARTNERSHIPS ACT.
(a) In General.--Title V of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4181
et seq.) is amended by adding at the end the following:
``SEC. 509. EFFECT ON HOME INVESTMENT PARTNERSHIPS ACT.
``Nothing in this Act or an amendment made by this Act
prohibits or prevents any participating jurisdiction (within
the meaning of the HOME Investment Partnerships Act (42
U.S.C. 12721 et seq.)) from providing any amounts made
available to the participating jurisdiction under that Act
(42 U.S.C. 12721 et seq.) to an Indian tribe or a tribally
designated housing entity for use in accordance with that Act
(42 U.S.C. 12721 et seq.).''.
(b) Conforming Amendment.--The table of contents in section
1(b) of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4101 note) is amended by
inserting after the item relating to section 508 the
following:
``Sec. 509. Effect on HOME Investment Partnerships Act.''.
TITLE VI--GUARANTEED LOANS TO FINANCE TRIBAL COMMUNITY AND ECONOMIC
DEVELOPMENT ACTIVITIES
SEC. 601. DEMONSTRATION PROGRAM FOR GUARANTEED LOANS TO
FINANCE TRIBAL COMMUNITY AND ECONOMIC
DEVELOPMENT ACTIVITIES.
(a) In General.--Title VI of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4191
et seq.) is amended by adding at the end the following:
``SEC. 606. DEMONSTRATION PROGRAM FOR GUARANTEED LOANS TO
FINANCE TRIBAL COMMUNITY AND ECONOMIC
DEVELOPMENT ACTIVITIES.
``(a) Authority.--To the extent and in such amounts as are
provided in appropriation Acts, subject to the requirements
of this section, and in accordance with such terms and
conditions as the Secretary may prescribe, the Secretary may
guarantee and make commitments to guarantee the notes and
obligations issued by Indian tribes or tribally designated
housing entities with tribal approval, for the purposes of
financing activities carried out on Indian reservations and
in other Indian areas that, under the first sentence of
section 108(a) of the Housing and Community Development Act
of 1974 (42 U.S.C. 5308), are eligible for financing with
notes and other obligations guaranteed pursuant to that
section.
``(b) Low-Income Benefit Requirement.--Not less than 70
percent of the aggregate amount received by an Indian tribe
or tribally designated housing entity as a result of a
guarantee under this section shall be used for the support of
activities that benefit low-income families on Indian
reservations and other Indian areas.
``(c) Financial Soundness.--
[[Page S11662]]
``(1) In general.--The Secretary shall establish
underwriting criteria for guarantees under this section,
including fees for the guarantees, as the Secretary
determines to be necessary to ensure that the program under
this section is financially sound.
``(2) Amounts of fees.--Fees for guarantees established
under paragraph (1) shall be established in amounts that are
sufficient, but do not exceed the minimum amounts necessary,
to maintain a negative credit subsidy for the program under
this section, as determined based on the risk to the Federal
Government under the underwriting requirements established
under paragraph (1).
``(d) Terms of Obligations.--
``(1) In general.--Each note or other obligation guaranteed
pursuant to this section shall be in such form and
denomination, have such maturity, and be subject to such
conditions as the Secretary may prescribe, by regulation.
``(2) Limitation.--The Secretary may not deny a guarantee
under this section on the basis of the proposed repayment
period for the note or other obligation, unless--
``(A) the period is more than 20 years; or
``(B) the Secretary determines that the period would cause
the guarantee to constitute an unacceptable financial risk.
``(e) Limitation on Percentage.--A guarantee made under
this section shall guarantee repayment of 95 percent of the
unpaid principal and interest due on the note or other
obligation guaranteed.
``(f) Security and Repayment.--
``(1) Requirements on issuer.--To ensure the repayment of
notes and other obligations and charges incurred under this
section and as a condition for receiving the guarantees, the
Secretary shall require the Indian tribe or housing entity
issuing the notes or obligations--
``(A) to enter into a contract, in a form acceptable to the
Secretary, for repayment of notes or other obligations
guaranteed under this section;
``(B) to demonstrate that the extent of each issuance and
guarantee under this section is within the financial capacity
of the Indian tribe; and
``(C) to furnish, at the discretion of the Secretary, such
security as the Secretary determines to be appropriate in
making the guarantees, including increments in local tax
receipts generated by the activities assisted by a guarantee
under this section or disposition proceeds from the sale of
land or rehabilitated property, except that the security may
not include any grant amounts received or for which the
issuer may be eligible under title I.
``(2) Full faith and credit.--
``(A) In general.--The full faith and credit of the United
States is pledged to the payment of all guarantees made under
this section.
``(B) Treatment of guarantees.--
``(i) In general.--Any guarantee made by the Secretary
under this section shall be conclusive evidence of the
eligibility of the obligations for the guarantee with respect
to principal and interest.
``(ii) Incontestable nature.--The validity of any such a
guarantee shall be incontestable in the hands of a holder of
the guaranteed obligations.
``(g) Training and Information.--The Secretary, in
cooperation with Indian tribes and tribally designated
housing entities, shall carry out training and information
activities with respect to the guarantee program under this
section.
``(h) Limitations on Amount of Guarantees.--
``(1) Aggregate fiscal year limitation.--Notwithstanding
any other provision of law, subject only to the absence of
qualified applicants or proposed activities and to the
authority provided in this section, and to the extent
approved or provided for in appropriations Acts, the
Secretary may enter into commitments to guarantee notes and
obligations under this section with an aggregate principal
amount not to exceed $200,000,000 for each of fiscal years
2008 through 2012.
``(2) Authorization of appropriations for credit subsidy.--
There are authorized to be appropriated to cover the costs
(as defined in section 502 of the Congressional Budget Act of
1974 (2 U.S.C. 661a)) of guarantees under this section such
sums as are necessary for each of fiscal years 2008 through
2012.
``(3) Aggregate outstanding limitation.--The total amount
of outstanding obligations guaranteed on a cumulative basis
by the Secretary pursuant to this section shall not at any
time exceed $1,000,000,000 or such higher amount as may be
authorized to be appropriated for this section for any fiscal
year.
``(4) Fiscal year limitations on indian tribes.--
``(A) In general.--The Secretary shall monitor the use of
guarantees under this section by Indian tribes.
``(B) Modifications.--If the Secretary determines that 50
percent of the aggregate guarantee authority under paragraph
(3) has been committed, the Secretary may--
``(i) impose limitations on the amount of guarantees
pursuant to this section that any single Indian tribe may
receive in any fiscal year of $25,000,000; or
``(ii) request the enactment of legislation increasing the
aggregate outstanding limitation on guarantees under this
section.
``(i) Report.--Not later than 4 years after the date of
enactment of this section, the Secretary shall submit to
Congress a report describing the use of the authority under
this section by Indian tribes and tribally designated housing
entities, including--
``(1) an identification of the extent of the use and the
types of projects and activities financed using that
authority; and
``(2) an analysis of the effectiveness of the use in
carrying out the purposes of this section.
``(j) Termination.--The authority of the Secretary under
this section to make new guarantees for notes and obligations
shall terminate on October 1, 2012.''.
(b) Conforming Amendment.--The table of contents in section
1(b) of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4101 note) is amended by
inserting after the item relating to section 605 the
following:
``Sec. 606. Demonstration program for guaranteed loans to finance
tribal community and economic development activities.''.
TITLE VII--OTHER HOUSING ASSISTANCE FOR NATIVE AMERICANS
SEC. 701. TRAINING AND TECHNICAL ASSISTANCE.
(a) Definition of Indian Organization.--In this section,
the term ``Indian organization'' means--
(1) an Indian organization representing the interests of
Indian tribes, Indian housing authorities, and tribally
designated housing entities throughout the United States;
(2) an organization registered as a nonprofit entity that
is--
(A) described in section 501(c)(3) of the Internal Revenue
Code of 1986; and
(B) exempt from taxation under section 501(a) of that Code;
(3) an organization with at least 30 years of experience in
representing the housing interests of Indian tribes and
tribal housing entities throughout the United States; and
(4) an organization that is governed by a Board of
Directors composed entirely of individuals representing
tribal housing entities.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of Housing and Urban
Development, for transfer to an Indian organization selected
by the Secretary of Housing and Urban Development, in
consultation with Indian tribes, such sums as are necessary
to provide training and technical assistance to Indian
housing authorities and tribally-designated housing entities
for each of fiscal years 2008 through 2012.
TITLE VIII--FUNDING
SEC. 801. AUTHORIZATION OF APPROPRIATIONS.
(a) Block Grants and Grant Requirements.--Section 108 of
the Native American Housing Assistance and Self-Determination
Act of 1996 (25 U.S.C. 4117) is amended in the first sentence
by striking ``1998 through 2007'' and inserting ``2008
through 2012''.
(b) Federal Guarantees for Financing for Tribal Housing
Activities.--Section 605 of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C.
4195) is amended in subsections (a) and (b) by striking
``1997 through 2007'' each place it appears and inserting
``2008 through 2012''.
(c) Training and Technical Assistance.--Section 703 of the
Native American Housing Assistance and Self-Determination Act
of 1996 (25 U.S.C. 4212) is amended by striking ``1997
through 2007'' and inserting ``2008 through 2012''.
SEC. 802. FUNDING CONFORMING AMENDMENTS.
Chapter 97 of title 31, United States Code, is amended--
(1) by redesignating the first section 9703 (relating to
managerial accountability and flexibility) as section 9703A;
(2) by moving the second section 9703 (relating to the
Department of the Treasury Forfeiture Fund) so as to appear
after section 9702; and
(3) in section 9703(a)(1) (relating to the Department of
the Treasury Forfeiture Fund)--
(A) in subparagraph (I)--
(i) by striking ``payment'' and inserting ``Payment''; and
(ii) by striking the semicolon at the end and inserting a
period;
(B) in subparagraph (J), by striking ``payment'' the first
place it appears and inserting ``Payment''; and
(C) by adding at the end the following:
``(K)(i) Payment to the designated tribal law enforcement,
environmental, housing, or health entity for experts and
consultants needed to clean up any area formerly used as a
methamphetamine laboratory.
``(ii) For purposes of this subparagraph, for a
methamphetamine laboratory that is located on private
property, not more than 90 percent of the clean up costs may
be paid under clause (i) only if the property owner--
``(I) did not have knowledge of the existence or operation
of the laboratory before the commencement of the law
enforcement action to close the laboratory; or
``(II) notified law enforcement not later than 24 hours
after discovering the existence of the laboratory.''.
______
By Mr. CONRAD (for himself and Mr. Gregg):
S. 2063. A bill to establish a Bipartisan Task Force for Responsible
Fiscal Action, to assure the economic security of the United States,
and to expand future prosperity and growth for all Americans; to the
Committee on the Budget.
Mr. CONRAD. Madam President, I rise today to introduce, along with
Senator Judd Gregg, the ranking member of the Senate Budget Committee,
legislation we have called the
[[Page S11663]]
Bipartisan Task Force for Responsible Fiscal Action. We are introducing
this legislation because, as the chairman and ranking member of the
Budget Committee, we understand that we are on an unsustainable fiscal
course; that we confront a budgetary crisis of unprecedented
proportions if we fail to act. That crisis will be caused by a
combination of our current budget deficits and enormous Federal debt,
combined with the explosion created by the baby boom generation.
Here is the outlook we confront with respect to the demographic tidal
wave coming at us. We see, in 2007, we are at about 40 million people
who are of retirement age, and that will grow to 80 million by 2050,
dramatically changing the budget circumstance for this country.
We know we face enormous challenges with Medicare and Social
Security. You can see the long-term cost of Medicare. The shortfall
over 75 years is now estimated at $33.9 trillion. The shortfall in
Social Security over that same period is $4.7 trillion. These are
staggering amounts, a shortfall in Medicare of almost $34 trillion, a
shortfall in Social Security of over $4.7 trillion.
Looked at another way, Medicare and Medicaid spending, according to
experts, if it stays on the current course, will consume as much of our
national economy as the entire Federal budget does today.
Let me repeat that. If the trend lines continue, by 2050 we will be
spending as much, just on Medicare and Medicaid, of our national income
as we spend for the entire Federal Government today. This fundamentally
threatens the economic security of the country.
At the same time, we have tax cuts in place. they are extended,
according to the President's proposal, it will drive us right over the
cliff.
This chart shows the Medicare deficits in purple, the Social Security
deficits in green, and the cost of extending the President's tax cuts
in red. We can see the combined effect is to take us right over the
fiscal cliff, deep into debt and deficit in a way that is
unprecedented.
The Chairman of the Federal Reserve said this about our budget
outlook in January:
[O]ne might look at these projections and say, ``Well,
these are about 2030 and 2040 and so . . . we don't really
have to start worrying about it yet.'' But, in fact, the
longer we wait, the more severe, the more draconian, the more
difficult . . . the adjustments are going to be. I think the
right time to start is about 10 years ago.
The Chairman of the Federal Reserve has it right.
Senator Gregg and I are coming to our colleagues today and calling
for this bipartisan task force for responsible fiscal action.
What would it do? Simply, it would be given the responsibility to
address our unsustainable long-term imbalances between spending and
revenue. Everything is on the table. The task force would consist of 16
members, 8 Democrats, 8 Republicans, all of them Members of Congress,
except for 2 representing the administration. The Secretary of the
Treasury would chair the task force. The obligation of this group would
be to submit a report on December 9, 2008. It would take 12 of the 16
members to report a blueprint for our fiscal future. They would be
given the responsibility to find ways to address the shortfall in
Medicare and Social Security and the ongoing and endemic budget
deficits. These 16 members, 8 Democrats, 8 Republicans, would have the
opportunity and the responsibility to develop a plan for our fiscal
future, but it would take 12 of the 16 to report a plan, and the plan
would only come at the beginning of the next administration. This would
not be part of election year politics. This would be part of a serious
plan to address our long-term fiscal imbalances.
If 12 of the 16 agreed to a plan, it would then receive fast-track
treatment in the Senate. It would come to a vote without amendment
after 100 hours of debate. Final passage would require a supermajority,
60 votes in the Senate, 60 percent of the House of Representatives.
Senator Gregg and I have worked on this all year. We have discussed
this with many Members in both the House and the Senate. This is our
best judgment of how best to proceed. We believe this would give the
Congress and the country an opportunity to write a better fiscal
future, one that would strengthen America, reduce our dependence on
foreign capital and put us in a position to keep the promise that has
been made to the American people of a country that is strong and fair,
that respects those in retirement and, at the same time, gives maximum
opportunity to those working to strengthen their families and this
country.
I thank my colleague Senator Gregg, the ranking member of the Budget
Committee, for the extraordinary time and effort he has put into
developing this proposal.
I ask unanimous consent to have printed comments in the Record about
this proposal: Support for it from David Walker, the Comptroller
General of the United States; support from the Concord Coalition, the
bipartisan Concord Coalition that is well known for its support of a
fiscally responsible future; and from the Committee for a Responsible
Federal Budget.
There being no objection, the material was ordered to be printed in
the Record, as follows:
Conrad/Gregg Task Force
I would like to thank and commend Chairman Conrad and
Senator Gregg for their leadership in connection with the
issue of fiscal sustainability and intergenerational equity.
As I have noted on numerous occasions, our nation is on an
imprudent and unsustainable fiscal path. Tough choices are
required in order to help ensue that our future is better
than our past The sooner we make these choices the better
because time is working against us.
During the past two years, I have traveled to 23 states as
part of the Fiscal Wake-up Tour. During the Tour, it has
become clear that the American people are starved for two
things from their elected officials--truth and leadership. I
am here today because Senators Conrad and Gregg are trying to
address this need. I'm pleased to say that several other
members on both side of the political aisle and on both ends
of Capitol Hill are taking steps to answer this call by
proposing bills to accomplish similar objectives and by also
putting ``everything on the table.''
I was especially pleased to see that the ``Task Force''
that would be created by Senator Conrad's and Gregg's
legislation was informed by GAO's work on the key elements
necessary for any task force or commission to be successful.
For example, the commission would have a statutory basis, be
bipartisan, involve leaders from both the executive and
legislative branch, and would require a super-majority vote
for any recommendations to be sent to the President and the
Congress. As a result, the Conrad-Gregg proposal provides one
potential means to achieve an objective we all should share--
taking steps to make the tough choices necessary to Keep
America Great, and to help make sure that our country's,
children's and grandchildren's future is better than our
past. Hopefully, this and other related bills will be given
serious and timely consideration by the Congress and the
President.
Thank you Senators Conrad and Gregg for your leadership and
thank you for the opportunity to join the both of you today.
____
[From the Concord Coalition, Sept. 18, 2007]
Concord Coalition Praises Senators Conrad and Gregg for Bipartisan
Initiative To Address Long-Term Fiscal Imbalance
Washington.--The Concord Coalition today praised Senate
Budget Committee Chairman Kent Conrad (D-ND) and Ranking
Member Judd Gregg (R-NH) for introducing legislation that
would create a bipartisan commission charged with developing
specific solutions to the nation's long-term fiscal
imbalance.
``There is very little dispute that current fiscal policies
are unsustainable. Yet, too few of our elected leaders in
Washington are willing to acknowledge the seriousness of the
long-term fiscal problem and even fewer are willing to put it
on the political agenda. By focusing attention on this
critical issue and insisting that it must be dealt with in a
bipartisan manner, Senators Conrad and Gregg are setting a
very positive example,'' said Concord Coalition Executive
Director Robert L. Bixby.
Changing course to a more sustainable path will require
hard choices, the active involvement of the American people
and suspension of partisan trench warfare. Since the regular
legislative process has been incapable of dealing with the
impending fiscal crisis, a new bipartisan commission makes
sense as a means of jump-starting serious action,'' Bixby
said.
In Concord's view, several aspects of this proposal are
promising:
First, the commission would have equal representation from
Democrats and Republicans. It would thus be truly
bipartisan--an essential element for success.
Second, the commission would have a broad mandate to
address the overall fiscal imbalance, not just the actuarial
imbalance of individual programs.
Third, there are no preconditions. If either side sets
preconditions, the other side will not participate.
[[Page S11664]]
Fourth, the commission's recommendations would be given an
up or down vote in Congress. Absent that, the report would
likely join many others on a shelf.
``This proposal, and others like it that are now being put
forward, are very welcome. Our experience with the Fiscal
Wake-Up Tour is that the public is hungry for a nonpartisan
dialogue on the long-term fiscal challenge. When presented
with the facts, they appreciate that each of the realistic
options comes with economic and political consequences that
must be carefully weighed, and that there must be tradeoffs.
This commission would help to clarify those trade-offs and
establish a process for resolving them,'' Bixby said.
____
[From the Committee for a Responsible Federal Budget, Sept. 18, 2007]
CRFB Praises Bipartisan Task Force Effort
Washington, DC.--Today, the Committee for a Responsible
Federal Budget applauded the effort by Senators Conrad and
Gregg to form a Bipartisan Task Force on Responsible Fiscal
Action.
``This is precisely the type of bipartisan collaboration we
need to jumpstart the discussion of how to confront the
nation's fiscal challenges,'' said Maya MacGuineas, President
of the Committee for a Responsible Federal Budget. ``Bringing
together sitting Members of Congress and representatives from
the Administration to discuss these daunting challenges and
evaluate the options for reform is a critical first step. We
applaud the effort to get this discussion underway and very
much hope that it leads to the hard choices that are needed
to rebalance the federal government's budget.''
The task force would be made up of sixteen members. Seven
would come from the House of Representatives (four appointed
by the Speaker of the House and three appointed by the
Minority Leader of the House); seven would come from the
Senate (four appointed by the Majority Leader of the Senate
and three appointed by the Minority Leader of the Senate);
and two would come from the Administration (one of whom would
be the Secretary of the Treasury, who would serve as the
Chairman of the task force). The task force would review all
areas of the budget including Social Security, Medicare, and
taxes. The task force would be responsible for submitting a
set of policy recommendations to improve the federal
government's fiscal imbalances, which would then be
considered by Congress on an expedited basis.
While the specific mission of the task force--to
significantly improve the long-term fiscal balance of the
federal government--is somewhat vague, it nonetheless
represents an important effort to begin discussing these
issues on a bipartisan basis with no preconditions regarding
the policy options which can be considered. The Committee for
a Responsible Budget supports the creation of a Bipartisan
Task Force as an important first step to addressing the
country's fiscal policy challenges.
Mr. CONRAD. Again, I recognize my colleague, the very able Senator
from New Hampshire, the ranking member of the Senate Budget Committee.
The PRESIDING OFFICER. The Senator from New Hampshire.
Mr. GREGG. Let me begin by thanking the chairman of the Budget
Committee, Senator Conrad, for moving forward with this important
effort to try to reach a conclusion and progress on the most
significant issue this Nation faces beyond our fight with Islamic
terrorism. In the post-Katrina world, if the country knew that a
category 5 hurricane was headed at us, we knew where it was going to
hit, we knew the size of the hurricane, and we knew the damage it would
do, the Government would be absolutely irresponsible not to respond to
that.
What we have coming at us is a category 5 fiscal hurricane. We know
when it is going to hit, and that is when the baby boom generation
retires and begins to retire next year and reaches its peak in its
retirement size by about the year 2025. We know the impact of the
problem, the size of the problem, that there is $62 trillion of
unfunded liability which will be generated by the retirement of the
baby boom generation to pay for the benefits under Medicare, Medicaid,
and Social Security.
To try to put that in context, that is more than the entire net worth
of all of America--all our homes, cars, stocks, all our assets. That is
how big this liability is. We know the effect of this category 5 fiscal
hurricane because we know it is going to basically wipe out the ability
of our children and our children's children to have as high a quality
of life as we have had because the cost of paying for this fiscal
tsunami will be so high.
We need to get on to the issue of trying to address this looming
threat. As the Comptroller General said today, we have a category 5
hurricane headed at us and people are still playing on the beach as if
the wave is not going to arrive. Well, the wave is going to arrive. So
what the chairman of the Budget Committee has put forward today--and I
am honored to have the opportunity to participate in this effort--is a
proposal to move forward with substantive and definitive legislation
which will result in action. That is what we need--action. It is
similar to the old Fram oil filter ad: You can pay me now or you can
pay me later. If we act now, the cost is going to be less than if we
act later.
So this proposal, which has been put together after a lot of thought
and effort on behalf of myself and Senator Conrad, is basically built
around three concepts. First, that there must be absolute
bipartisanship. So as Senator Conrad has outlined, the task force, when
it meets, must have a three-fourths vote in favor of whatever proposal
they bring forward. Secondly, everything has to be on the table.
Nothing can be off. After all the discussion, in order for this to
work, all these parts interplay with each other, you have to be willing
to address not only reform and how you deliver better benefits at a
lower cost under Medicare and Medicaid and better benefits at a
reasonable cost under Social Security, but you also have to address the
tax side of the ledger. So everything needs to be on the table. Third,
that for this to work, there has to be an action-forcing mechanism. We
have seen report after report, commission after commission. A lot of
them have done excellent work. But on these issues, which are such hot
buttons, what happens is, a commission will make a report, and all the
interest groups will attack it from this side and that side and the
next side. So this proposal is structured so there is an action-forcing
event; specifically, fast-track approval which, again, has to be by a
supermajority of the final report of the task force.
This truly is an opportunity to move forward to address this issue.
Our failure to do so would be truly ironic because the problem which we
confront as a nation, which I say is probably the single biggest issue
after the war on Islamic terrorism, fighting the war against Islamic
terrorism, is that this fiscal category 5 hurricane is headed toward
us, which is essentially going to wipe out our children's opportunity
to have a quality of lifestyle equal to ours, is totally the
responsibility of the present generation who is governing, the baby
boom generation. We are the generation of governance today. So before
we pass our problem on to the next generation, we have a responsibility
to address it and to try to improve the effort.
I know, as I look around this Chamber and at this administration,
there are people of goodwill who, given the right structure, which this
task force is, would be willing to come together, make the difficult
decisions, and have the expertise to know how to make those decisions
to move maybe not a complete resolution of these issues but a
significant resolution of the issues down the road so the next
generation does not have to bear the whole burden of resolving the
problems. It is time to act.
I congratulate the chairman of the Budget Committee for being the
force behind getting this effort going. It is a very positive
initiative. I think it will be received very well on our side of the
aisle. I believe strongly that the administration will receive it well.
Therefore, I believe we have a great opportunity to move forward in a
way which will make sure our children and their children have as good a
country and as strong a country from the standpoint of fiscal policy as
we have.
I yield the floor.
The PRESIDING OFFICER. The Senator from North Dakota.
Mr. CONRAD. Madam President, I again thank my colleague, Senator
Gregg, who has been incredibly engaged in this effort. He is very
fairminded in the structure of this proposal and I think visionary in
terms of understanding the need for action.
I say to my colleagues or staffs who may be listening, all those who
recognize we are headed for a fiscal cliff and that we need to take
action, this is our opportunity. This is it. Those who say we have to
do something, here is our chance. This is completely bipartisan, eight
Democrats, eight Republicans. It takes 12 of the 16 to make a report, a
supermajority; that is, to assure it is bipartisan in result. This is a
task
[[Page S11665]]
force of Members of Congress and representatives of the administration,
14 Members of Congress, 2 representatives of the administration. It is
not outside experts, people who would not be responsible or be held
accountable for the outcome. These will be people who are accountable,
who are responsible for the outcome. This is a measure that will lead
to a vote.
I say to my colleagues, this will assure that the work of this group
will come before the Congress if 12 of the 16 agree. Because if they
do, there will then be 100 hours of debate but no amendment permitted,
and there will be a vote up or down. Those who recognize it takes us
working together to face up to these difficult problems, I ask them to
join with us, Republicans and Democrats. Absent this, I suspect what
will happen is further delay, further divisiveness, and no real result.
That will mean even tougher choices in the future.
I urge my colleagues to think carefully of this moment. This will not
be considered until after the election. We have done everything we can
to take election politics out of this, understanding it is highly
unlikely that a matter of this import would be considered in an
election year and that perhaps the best opportunity is at the beginning
of a new administration. None of us know whether the new administration
will be a Republican or a Democratic administration. None of us can
know the makeup of the next Congress. What we do know is we face a
ticking timebomb. The faster we act, the better for our Nation.
Mr. GREGG. Will the Senator yield for a question?
Mr. CONRAD. I am happy to yield.
Mr. GREGG. I think the Senator made an excellent point that we are
now in a Presidential election. This Commission is a gift to those
candidates because they can come forward and point to this Commission
as taking on some of the most complicated issues they are going to
face. Because this timebomb--which is an appropriate description, using
the Senator's words--is going to start to explode, and the explosion
will be rather large during the term of the next Presidency.
So this is an opportunity to give those candidates for President a
forum and a procedure where these issues, which are so critical to the
success of the next Presidency, can actually be moved down the road
toward resolution. Is that not true?
Mr. CONRAD. I thank the Senator. I had a number of my colleagues, as
the Senator knows, come to me with great concern. Their concern was:
Gee, you are putting the Presidential candidates in an awkward
position. How are they going to react to this? My reaction was: This is
a gift to all the Presidential candidates, this is a gift to the next
administration because this will provide them a bipartisan blueprint on
how to proceed with some of the most vexing issues facing this country.
So I see absolutely no downside for either side, Republican or
Democratic--for Presidential candidates on either side or candidates
for Congress on either side--because this is a process leading to a
proposal that would have bipartisan support if it is to proceed.
If I were an incoming administration, I would welcome a bipartisan
plan to deal with Social Security, with Medicare, with the growth of
deficits and the debt, and not to have it come in the middle of an
election but to only be presented after the election but before the
next Congress meets and the next administration takes on its
responsibilities.
I see it as not only a gift to the candidates but, more importantly,
as a gift to the American people to take on some of the greatest
challenges facing our country and to do it in a bipartisan way and to
do it in a way that actually leads to a result and action.
Mr. GREGG. I once again congratulate the chairman of the Budget
Committee for his exceptional leadership in this area. This is the
first step in a bipartisan effort which, hopefully, will lead to a
bipartisan solution that America will see as fair and which will pass
on to our children a stronger and more vital Nation.
Thank you.
Mr. CONRAD. I again thank my colleague. This is the beginning of an
effort. I ask colleagues on both sides, please, join us in this effort.
Let's do what we all know must happen--that we must take on these
issues, that we must come up with solutions, and we must do it sooner
rather than later.
I thank my colleagues.
______
By Mr. DURBIN:
S. 2064. A bill to fund comprehensive programs to ensure an adequate
supply of nurses; to the Committee on Health, Education, Labor, and
Pensions.
Mr. DURBIN. Mr. President, Americans depend on nurses to deliver
quality patient care, yet our Nation faces a critical shortage of
nurses. The U.S. Bureau of Labor Statistics projects that more than 1.2
million new and replacement nurses will be needed by 2014 to keep up
with the aging Baby Boomer population and the increased demand for
health care.
To avoid this dramatic shortage, we need to reach a significant and
sustained increase in the number of nurses entering the workforce each
year. We can do this by building on the current health care workforce.
Nurses who advance from other health care positions are better prepared
to meet the demands of the bedside because they are more aware of the
work environment and ready to meet its unique challenges. They also
require less time in orientation than new workers and represent a
diverse population more representative of the patients being served.
Today, I am pleased to introduce legislation that will foster career
ladders for current health care workers who are ready to upgrade their
skills. Our health care system is an untapped resource in the effort to
increase the supply of nurses. Many people in the health care workforce
are in entry level jobs that don't always offer opportunities for
advancement. For much of this population, advanced education is
unaffordable and unattainable.
The Nurse Training and Retention Act offers incumbent health care
workers realistic options to enhance their skills, advance their
careers, and meet the growing demand for nurses. The legislation
authorizes the Department of Labor to award grants to support training
programs for health care workers. Health aides can use these programs
to earn a certificate or degree in nursing. Nurses can upgrade their
skills and qualifications so that they can serve as nurse faculty,
which would help relieve the backlog of qualified applicants who aren't
in nursing school because of the lack of faculty.
Programs administered by joint labor/management training partnerships
have made great progress in the effort to educate and retain nurses.
The proposed grant program builds on the good work these partnerships
have done, and encourages further collaboration with colleges and
universities. The combination of support at the workplace and
collaboration with nursing schools to meet the needs of the non
traditional student has led to strong performance by these students in
nursing school. These new nurses have higher retention rates than
other, more traditional students who do not have work experience in the
field. Another benefit of the career ladder is that these
collaborations are building a more diverse nursing workforce.
Another important player in this process is the employer. That is why
my bill asks employers of incumbent health care workers to invest in
the training programs. This completes the partnership, so that labor,
employer, and the participating school are all working together to
retain and grow the health care workforce we have today.
Nurses play an invaluable role in patient care in this country.
Unless we do something today to improve the way we train and retain
nurses, we face a severe shortage within the next decade. The Nurse
Training and Retention Act can help us tap an overlooked resource by
ensuring those who are in the health care industry have a chance to
move up in their field, while expanding the supply of nurses and nurse
faculty. I urge my colleagues to join me in supporting this
legislation.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 2064
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 ``Nurse Training and Retention
Act of 2007''.
[[Page S11666]]
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) America's healthcare system depends on an adequate
supply of trained nurses to deliver quality patient care.
(2) Over the next 15 years, this shortage is expected to
grow significantly. The Health Resources and Services
Administration has projected that by 2020, there will be a
shortage of nurses in every State and that overall only 64
percent of the demand for nurses will be satisfied, with a
shortage of 1,016,900 nurses nationally.
(3) To avert such a shortage, today's network of healthcare
workers should have access to education and support from
their employers to participate in educational and training
opportunities.
(4) With the appropriate education and support, incumbent
healthcare workers and incumbent bedside nurses are untapped
sources which can meet these needs and address the nursing
shortage and provide quality care as the American population
ages.
SEC. 3. ESTABLISHMENT OF GRANT PROGRAM.
(a) Purposes.--It is the purpose of this section to
authorize grants to--
(1) address the projected shortage of nurses by funding
comprehensive programs to create a career ladder to nursing
(including Certified Nurse Assistants, Licensed Practical
Nurses, Licensed Vocational Nurses, and Registered Nurses)
for incumbent ancillary healthcare workers;
(2) increase the capacity for educating nurses by
increasing both nurse faculty and clinical opportunities
through collaborative programs between staff nurse
organizations, healthcare providers, and accredited schools
of nursing; and
(3) provide training programs through education and
training organizations jointly administered by healthcare
providers and healthcare labor organizations or other
organizations representing staff nurses and frontline
healthcare workers, working in collaboration with accredited
schools of nursing and academic institutions.
(b) Grants.--Not later than 6 months after the date of
enactment of this Act, the Secretary of Labor (referred to in
this section as the ``Secretary'') shall establish a
partnership grant program to award grants to eligible
entities to carry out comprehensive programs to provide
education to nurses and create a pipeline to nursing for
incumbent ancillary healthcare workers who wish to advance
their careers, and to otherwise carry out the purposes of
this section.
(c) Eligible Entities.--To be eligible to receive a grant
under this section an entity shall--
(1) be--
(A) a healthcare entity that is jointly administered by a
healthcare employer and a labor union representing the
healthcare employees of the employer and that carries out
activities using labor management training funds as provided
for under section 302 of the Labor-Management Relations Act,
1947 (18 U.S.C. 186(c)(6));
(B) an entity that operates a training program that is
jointly administered by--
(i) one or more healthcare providers or facilities, or a
trade association of healthcare providers; and
(ii) one or more organizations which represent the
interests of direct care healthcare workers or staff nurses
and in which the direct care healthcare workers or staff
nurses have direct input as to the leadership of the
organization; or
(C) a State training partnership program that consist of
non-profit organizations that include equal participation
from industry, including public or private employers, and
labor organizations including joint labor-management training
programs, and which may include representatives from local
governments, worker investment agency one-stop career
centers, community based organizations, community colleges,
and accredited schools of nursing; and
(2) submit to the Secretary an application at such time, in
such manner, and containing such information as the Secretary
may require.
(d) Additional Requirements for Healthcare Employer
Described in Subsection (c).--To be eligible for a grant
under this section, a healthcare employer described in
subsection (c) shall demonstrate--
(1) an established program within their facility to
encourage the retention of existing nurses;
(2) it provides wages and benefits to its nurses that are
competitive for its market or that have been collectively
bargained with a labor organization; and
(3) support for programs funded under this section through
1 or more of the following:
(A) The provision of paid leave time and continued health
coverage to incumbent healthcare workers to allow their
participation in nursing career ladder programs, including
Certified Nurse Assistants, Licensed Practical Nurses,
Licensed Vocational Nurses, and Registered Nurses.
(B) Contributions to a joint labor-management training fund
which administers the program involved.
(C) The provision of paid release time, incentive
compensation, or continued health coverage to staff nurses
who desire to work full- or part-time in a faculty position.
(D) The provision of paid release time for staff nurses to
enable them to obtain a Bachelor of Science in Nursing
degree, other advanced nursing degrees, specialty training,
or certification program.
(E) The payment of tuition assistance which is managed by a
joint labor-management training fund or other jointly
administered program.
(e) Other Requirements.--
(1) Matching requirement.--
(A) In general.--The Secretary may not make a grant under
this section unless the applicant involved agrees, with
respect to the costs to be incurred by the applicant in
carrying out the program under the grant, to make available
non-Federal contributions (in cash or in kind under
subparagraph (B)) toward such costs in an amount equal to not
less than $1 for each $1 of Federal funds provided in the
grant. Such contributions may be made directly or through
donations from public or private entities, or may be provided
through the cash equivalent of paid release time provided to
incumbent worker students.
(B) Determination of amount of non-federal contribution.--
Non-Federal contributions required in subparagraph (A) may be
in cash or in kind (including paid release time), fairly
evaluated, including equipment or services (and excluding
indirect or overhead costs). Amounts provided by the Federal
Government, or services assisted or subsidized to any
significant extent by the Federal Government, may not be
included in determining the amount of such non-Federal
contributions.
(2) Required collaboration.--Entities carrying out or
overseeing programs carried out with assistance provided
under this section shall demonstrate collaboration with
accredited schools of nursing which may include community
colleges and other academic institutions providing Associate,
Bachelor's, or advanced nursing degree programs or specialty
training or certification programs.
(f) Activities.--Amounts awarded to an entity under a grant
under this section shall be used for the following:
(1) To carry out programs that provide education and
training to establish nursing career ladders to educate
incumbent healthcare workers to become nurses (including
Certified Nurse Assistants, Licensed Practical Nurses,
Licensed Vocational Nurses, and Registered Nurses). Such
programs shall include one or more of the following:
(A) Preparing incumbent workers to return to the classroom
through English as a second language education, GED
education, pre-college counseling, college preparation
classes, and support with entry level college classes that
are a prerequisite to nursing.
(B) Providing tuition assistance with preference for
dedicated cohort classes in community colleges, universities,
accredited schools of nursing with supportive services
including tutoring and counseling.
(C) Providing assistance in preparing for and meeting all
nursing licensure tests and requirements.
(D) Carrying out orientation and mentorship programs that
assist newly graduated nurses in adjusting to working at the
bedside to ensure their retention post graduation, and
ongoing programs to support nurse retention.
(E) Providing stipends for release time and continued
healthcare coverage to enable incumbent healthcare workers to
participate in these programs.
(2) To carry out programs that assist nurses in obtaining
advanced degrees and completing specialty training or
certification programs and to establish incentives for nurses
to assume nurse faculty positions on a part-time or full-time
basis. Such programs shall include one or more of the
following:
(A) Increasing the pool of nurses with advanced degrees who
are interested in teaching by funding programs that enable
incumbent nurses to return to school.
(B) Establishing incentives for advanced degree bedside
nurses who wish to teach in nursing programs so they can
obtain a leave from their bedside position to assume a full-
or part-time position as adjunct or full time faculty without
the loss of salary or benefits.
(C) Collaboration with accredited schools of nursing which
may include community colleges and other academic
institutions providing Associate, Bachelor's, or advanced
nursing degree programs, or specialty training or
certification programs, for nurses to carry out innovative
nursing programs which meet the needs of bedside nursing and
healthcare providers.
(g) Preference.--In awarding grant under this section the
Secretary shall give preference to programs that--
(1) provide for improving nurse retention;
(2) provide for improving the diversity of the new nurse
graduates to reflect changes in the demographics of the
patient population;
(3) provide for improving the quality of nursing education
to improve patient care and safety;
(4) have demonstrated success in upgrading incumbent
healthcare workers to become nurse or which have established
effective programs or pilots to increase nurse faculty; or
(5) are modeled after or affiliated with such programs
described in paragraph (4).
(h) Evaluation.--
(1) Program evaluations.--An entity that receives a grant
under this section shall annually evaluate, and submit to the
Secretary a report on, the activities carried out under the
grant and the outcomes of such activities. Such outcomes may
include--
(A) an increased number of incumbent workers entering an
accredited school of
[[Page S11667]]
nursing and in the pipeline for nursing programs;
(B) an increasing number of graduating nurses and improved
nurse graduation and licensure rates;
(C) improved nurse retention;
(D) an increase in the number of staff nurses at the
healthcare facility involved;
(E) an increase in the number of nurses with advanced
degrees in nursing;
(F) an increase in the number of nurse faculty;
(G) improved measures of patient quality (which may include
staffing ratios of nurses, patient satisfaction rates,
patient safety measures); and
(H) an increase in the diversity of new nurse graduates
relative to the patient population.
(2) General report.--Not later than 2 years after the date
of enactment of this Act, and annually thereafter, the
Secretary of Labor shall, using data and information from the
reports received under paragraph (1), submit to Congress a
report concerning the overall effectiveness of the grant
program carried out under this section.
(i) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section, such sums as
may be necessary.
____________________