[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

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     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.

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