Congressional Record, Volume 153 Issue 163 (Thursday, October 25, 2007)

[Congressional Record Volume 153, Number 163 (Thursday, October 25, 2007)]
[Senate]
[Pages S13439-S13459]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

By Mr. BARRASSO (for himself and Mr. Enzi):
S. 2229. A bill to withdraw certain Federal land in the Wyoming Range
from leasing and provide an opportunity to retire certain leases in the
Wyoming Range; to the Committee on Energy and Natural Resources.
Mr. BARRASSO. Mr. President, I rise because today is Wyoming's day,
literally. It is a long awaited day, a day that is special, a day that
is as special as the mountain range that this day centers on, and as
special as the State for which this mountain range is named.
This is a day of which I am proud to be a part, joining with the
strong majority of Wyoming people who want the legislation I am
introducing. It is the Wyoming Range Legacy Act of 2007.
Energy development is a proud part of Wyoming, and it is an important
part of our Nation. But equal to that energy heritage is tourism and
recreation--also a proud part of Wyoming and an important part of this
Nation.
Wyoming is special. Reflecting both aspects of our economy, our
people want a special balance between two of our top industries: energy
and tourism and recreation.
Some of Wyoming's significant and important energy contributions to
this great Nation encompass thousands of acres for our natural gas and
energy fields. Meanwhile, independent and strong stands an isolated
mountain range 100 miles long and 12,000 feet high. This range is named
for our great State. It is that independent and wild mountain range--
the Wyoming Range--that I want to focus on today, and well into the
future, for the best future for Wyoming and for our people.
As leaders, there are things we do, defining actions, actions that go
well beyond everyday issues. They surmount the daily noise and the
disagreements, and they rise to the level of something else: It is to
doing the right thing.
Today goes beyond the average day for Wyoming. As I said, today is
Wyoming's day. It is a great day because it is today that a bill is
introduced that will keep this special place on the map for tourism,
for recreation, and for sportsmen forever.
We, as a State--the Governor and I--come together, cooperatively, to
join in the memory of our dear friend Craig Thomas to finish his work,
to keep and enhance the tourism, recreation, hunting, and sportsmen
economy of the Wyoming Range, to preserve a key part of Wyoming's
heritage.
This legislation, this initiative Craig Thomas was ready to introduce
the week he passed goes to the very heart and soul of the great State
of Wyoming. Indeed, this is a place where the heart and the soul of
Wyoming run free and run wild.
This is 1.2 million acres for Wyoming tourism, sportsmen, and
recreationists. This will mean that new, future leasing for oil and gas
will be welcomed elsewhere in the State, and the Wyoming Range will
remain in the recreational-based economy that now exists.
For those leases that have already been issued, this legislation
provides a process for groups or individuals who are focused on
conservation to buy back the value of those leases under voluntary
purchase, and then retire them forever.
We all must recognize that the issued leases do have a value because
they are

[[Page S13440]]

now legal property. At the same time, we can encourage all at the
table--leaders, conservationists, and the private sector--to work
toward doing the right thing. That process is now appropriately outside
of the legislation and is ongoing.
For the recently issued leases that amount to some 44,000 acres, I
have great confidence we will be able to work out creative solutions
with respect on all sides.
But let us look at the bigger picture in this bill, with emphasis on
an important, central point: What was the last bold move for Wyoming
tourism? I proudly say, 1.2 million acres for Wyoming tourism, for
Wyoming sportsmen, and for Wyoming outfitters and guides--all of whom
contribute millions to our economy.
This is not a bill that ``locks up'' land. To the contrary, it is a
bill for economic prosperity, for recreation, and for tourism. What we
do in this important piece of legislation is to recognize an economic
base and then enhance it. Let me repeat--because this is a very
important point--we are taking the existing economic base and enhancing
it in the Wyoming Range.
The Wyoming Range is a recreational-based economic zone. Yes, there
are symbolic reasons for this initiative. It is the Wyoming Range,
after all. But there is hard math at the core of this legislation.
Tourism and recreation in our Wyoming economy matters. And doing the
right thing matters. It matters for future generations of Wyoming
people who will someday hunt and fish and hike in these mountains. It
is also a place where Wyoming's agricultural industry has thrived for
years. With this legislation, grazing and Wyoming's cowboy heritage
will continue to thrive.
I want to read you something from 1961 that still applies very much
today. It goes to the heart of maintaining proper balance and multiple
use of our land:

Another factor in maintaining balance involves the element
of time. As we peer into society's future, we--you and I, and
our government--must avoid the impulse to live only for
today, plundering, for our own ease and convenience, the
precious resources of tomorrow. We cannot mortgage the
material assets of our grandchildren without asking the loss
also of their political and spiritual heritage. We want
democracy to survive for all generations to come, not to
become the insolvent phantom of tomorrow.

Those words were spoken by President Dwight Eisenhower in his final
address as he left the Presidency. The children who were listening to
his words back then are now grown and have grandchildren of their own.
The Wyoming Range--the range named for our beloved State--has
symbolic meaning, inherent values. It is the heart and the soul of a
great State, a spiritual heritage, now a physical reality.
Mr. President, today is Wyoming's day, for the Wyoming range, and for
the people who love it.
______

By Mr. BIDEN:
S. 2230. A bill to amend title VIII of the Public Health Service Act
to expand the nurse student loan program, to establish grant programs
to address the nursing shortage, to amend title VII of the Higher
Education Act of 1965 to provide for a nurse faculty pilot project, and
for other purposes; to the Committee on Health, Education, Labor, and
Pensions.
Mr. BIDEN. Mr. President, today I am honored to introduce the Nursing
Education Opportunities Act. This bill seeks to help alleviate both the
nursing shortage faced in hospitals and clinics throughout the country,
as well as the faculty shortage in nursing schools that constrains the
number of new nurses who can be trained to fill the vacancies in our
health facilities.
As most people who have heard me talk about health care know, nurses
have a soft spot in my heart. In 1987, I was stricken with a brain
aneurysm and spent months recovering at Walter Reed Hospital. The
surgeons who operated on me were spectacular and I can never thank them
enough. But the nurses who took care of me during my stay at Walter
Reed were the embodiment of absolute comfort and unquestioning
kindness. Along with the top notch medical care they provided me, the
nurses at Walter Reed literally breathed life back into my lungs,
washed me, brushed my teeth and went on search missions for the most
comfortable pillows available. As I often say, if there are any angels
in heaven, they must be nurses.
Unfortunately, right now our country is facing a nursing shortage.
The American Hospital Association reported in July 2007 that United
States hospitals had an estimated 116,000 registered nurse vacancies as
of December 2006. Despite the nurse shortage and efforts to increase
the pool of qualified nurses, schools of nursing struggle to increase
student capacity. According to the American Association of Colleges of
Nursing, AACN, the U.S. nursing schools turned away nearly 43,000
qualified applicants in 2006 primarily due to an insufficient number of
faculty.
AACN reported in July 2006, a total of 637 faculty vacancies at 329
nursing schools with baccalaureate or graduate programs, or both,
across the Nation. Besides the vacancies, schools cited the need to
create an additional 55 faculty positions to accommodate student
demand. Most of the vacancies, approximately 53.7 percent, were faculty
positions requiring a doctoral degree.
The average ages of doctorally prepared nurse faculty holding the
ranks of professor, associate professor and assistant professor are
58.6, 55.8, and 51.6 years, respectively. Considering the average age
of nurse faculty at retirement is 62.5 years, a wave of nurse faculty
retirements is expected in the next decade. In fact, in 2007 the
Association of Academic Health Centers surveyed chief executive
officers from academic health centers regarding faculty shortages
across various health professions. The CEOs rated the nursing faculty
shortage as the most severe of all health professions with 81 percent
noting the nursing faculty shortage as a problem.
To address this nurse faculty shortage and to get more nurses
trained, this bill provides three mechanisms to increase the number of
and access to nurse faculty.
First, the bill establishes a grant program to help schools establish
doctoral nursing programs. Right now, there are 8 States, including my
home State of Delaware, which do not have a doctoral nursing program in
their State. This bill allows eligible schools to receive a grant up to
$2,000,000 to be used to establish a doctoral degree program. The funds
can be used to hire administrators, faculty and staff; retain current
faculty; develop doctoral curriculum; repair and expand
infrastructures; purchase additional equipment; develop and enhance
clinical laboratories; recruit students; establish technology
infrastructures; and other investments deemed necessary.
Second, this bill establishes a doctoral nursing consortia pilot
project to provide grants to partnerships of schools to allow them to
share doctoral faculty and programmatic resources. This would allow
schools with a shortage of faculty at the doctoral level to partner
with other schools to provide proper education for their students.
These grants can be awarded up to $500,000 and can be used to establish
technology infrastructures; develop shared doctoral curriculum; hire
faculty and staff; retain current faculty; provide travel stipends for
nursing faculty who agree to teach nursing courses at consortium
schools; provide scholarships for post-doctoral fellows who agree to
teach a nursing course within the nursing doctoral curriculum; provide
collaborative networks for nursing research; and other investments
determined necessary.
Third, I am pleased to include a nurse faculty pilot project that was
part of the Nurse Faculty Higher Education Act introduced in the House
of Representatives by Representative Carolyn McCarthy. This pilot
project would provide grants to partnerships between accredited schools
of nursing and hospitals or health facilities to fund release time for
qualified nurse employees so they can earn a salary while obtaining an
advanced degree in nursing with the goal of becoming nurse faculty. In
short, this will make it easier for nurses to pursue an advanced degree
by allowing them to work part time and retain some of their salary.
Many nurses currently cannot afford to leave their jobs to go back to
school because they would lose their salaries.
In addition to these three provisions, the bill also amends the
Public Health Service Act to provide that, in the case of a nurse
faculty shortage, the Secretary of Health and Human Services

[[Page S13441]]

may obligate more than 10 percent of traineeships through the Advanced
Education Nursing Grants for individuals in doctoral degree nursing
programs. This is important to help advance nursing education and allow
greater funding opportunities for doctoral students.
But while this bill focuses heavily on increasing the number of nurse
faculty to allow nursing schools to train more nurses, it also seeks to
help nursing students as well.
First, the bill explicitly includes accelerated degree nursing
students as eligible for financial assistance through nursing programs
in the Public Health Service Act, including the Nursing Student Loan
Program. To address the shortage of qualified nurses, schools of
nursing have developed accelerated, second-baccalaureate degree
programs in nursing. Students in accelerated degree programs are those
with a baccalaureate degree in another field who have decided to return
to school to get a degree in nursing. The students in these programs
have difficulty securing federal funding as this program category is
not easily defined. Accelerated nursing degree programs are not typical
4-year baccalaureate degree programs, as they take between 1 and 2
years to complete. However, they are becoming increasingly popular. In
2005, these programs graduated 3,769 students. In 2006 they graduated
5,236--an additional 1,467 nursing graduates in a single year.
Hospitals and other health facilities like hiring graduates from
accelerated nursing degree programs because they often have
demonstrated a record of success and work-ethic that facilitates a more
rapid and smooth transition in to the highly complex health care
environment. Accelerated nursing degree students are a critical element
to meeting this country's nursing needs.
Additionally, it is time to raise the yearly loan amounts available
to all nursing students through the Nursing Student Loan Program. This
important program, which provides long-term, low interest-rate loans to
full-time and half-time financially needy students pursuing a course of
study leading to a diploma, associate, baccalaureate or graduate degree
in nursing, has not adjusted the maximum yearly loan amounts available
for over a decade. Currently, a student can receive a maximum yearly
loan of $2,500 for their first 2 years in a nursing school and $4,000
per year during their second 2 years. This bill would adjust these
totals to $4,400 in the first 2 years and $7,000 in the second 2 years,
respectively. It is time to raise the yearly loan amounts, as the cost
of tuition at nursing schools has increased substantially over the past
decade.
It is imperative that we in Congress act to help alleviate the
nursing shortage and the nurse faculty shortage in this country. Nurses
comprise the largest segment of health care providers in this country
and they are crucial in ensuring the quality of care that Americans
receive. I believe the initiatives contained in the Nursing Education
Opportunities Act can help reduce these shortages. The American Academy
of Nursing, American Association of Colleges of Nursing, American
Nephrology Nurses' Association, American Nurses Association, American
Organization of Nurse Executives, Association of Women's Health,
Obstetric and Neonatal Nurses and the National League for Nursing all
support this legislation.
Mr. President, 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. 2230

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 ``Nursing Education
Opportunities Act''.

SEC. 2. FINDINGS.

Congress finds the following:
(1) The American Hospital Association reported in July 2007
that United States hospitals need approximately 116,000
registered nurses to fill vacant positions nationwide.
(2) To address the shortage of qualified nurses, schools of
nursing have developed accelerated, second-baccalaureate
degree programs in nursing. In 2005, these programs graduated
3,769 students. The number of accelerated degree graduates in
2006 was 5,236. This is an additional 1,467 nursing graduates
in 1 year.
(3) Despite the nurse shortage and efforts to increase the
pool of qualified nurses, schools of nursing struggle to
increase student capacity. According to the American
Association of Colleges of Nursing (referred to in this Act
as the ``AACN''), United States nursing schools turned away
nearly 43,000 qualified applicants in 2006 primarily due to
an insufficient number of faculty.
(4) The AACN reported in July 2006, a total of 637 faculty
vacancies at 329 nursing schools with baccalaureate or
graduate programs, or both, across the Nation. Besides the
vacancies, schools cited the need to create an additional 55
faculty positions to accommodate student demand. Most of the
vacancies (53.7 percent) were faculty positions requiring a
doctoral degree.
(5) In 2007, the Association of Academic Health Centers
surveyed chief executive officers (CEOs) from academic health
centers regarding faculty shortages across various health
professions. The CEOs rated the nursing faculty shortage as
the most severe of all health professions with 81 percent
noting the nursing faculty shortage as a problem.
(6) The average ages of doctorally-prepared nurse faculty
holding the ranks of professor, associate professor, and
assistant professor are 58.6, 55.8, and 51.6 years,
respectively. Considering the average age of nurse faculty at
retirement is 62.5 years, a wave of nurse faculty retirements
is expected in the next decade.
(7) Master's and doctoral programs in nursing are not
producing a large enough pool of potential nurse educators to
meet the demand. In 2006, the AACN found that graduations
from doctoral nursing programs were up by only 1.4 percent
from the previous academic year.
(8) Nurses are vital to the Nation's health care delivery
system. Due to the nurse shortage, patient safety and quality
of care are at risk. Given the findings described in
paragraphs (1) through (7), measures must be taken to address
the nurse shortage and nursing faculty shortage.

SEC. 3. NURSING STUDENT LOAN PROGRAM.

Title VIII of the Public Health Service Act (42 U.S.C. 296
et seq.) is amended--
(1) in section 835(b)(4), by inserting ``(including a
student in an accelerated nursing degree program who is
pursuing a second baccalaureate degree or a master's degree
as an entry level nursing degree)'' after ``graduate degree
in nursing''; and
(2) in section 836--
(A) in subsection (a)--
(i) by striking ``$2,500'' and inserting ``$4,400'';
(ii) by striking ``$4,000'' and inserting ``$7,000''; and
(iii) by striking ``$13,000'' and inserting ``$22,900'';
and
(B) in subsection (b)--
(i) in paragraph (1), by inserting ``(including a student
in an accelerated nursing degree program who is pursuing a
second baccalaureate degree or a master's degree as an entry
level nursing degree)'' after ``graduate degree in nursing'';
and
(ii) in paragraph (2), by inserting ``(including a student
in an accelerated nursing degree program who is pursuing a
second baccalaureate degree)'' after ``equivalent degree''.

SEC. 4. ACCELERATED NURSING DEGREE PROGRAMS.

Section 801(3) of the Public Health Service Act (42 U.S.C.
296(3)) is amended by inserting ``(including an accelerated
nursing degree program)'' before ``and including''.

SEC. 5. ADVANCED EDUCATION NURSING GRANTS.

Section 811(f)(2) of the Public Health Service Act (42
U.S.C. 296j(f)(2)) is amended by striking the period at the
end and inserting ``, except in the case of a nurse faculty
shortage, the Secretary may, in the Secretary's discretion,
obligate more than 10 percent of such traineeships for
individuals in doctoral degree programs.''.

SEC. 6. GRANT PROGRAM FOR DOCTORAL NURSING PROGRAMS.

Part D of title VIII of the Public Health Service Act (42
U.S.C. 296p et seq.) is amended by adding at the end the
following:

``SEC. 832. GRANT PROGRAM FOR DOCTORAL NURSING PROGRAMS.

``(a) In General.--The Secretary shall award grants to
eligible entities to enable the eligible entities to
establish doctoral nursing degree programs.
``(b) Eligible Entity.--In this section, the term `eligible
entity' means an entity that is 1 of the `eligible entities'
as such term is defined in section 801.
``(c) Application.--An eligible entity that desires a grant
under this section shall submit an application to the
Secretary at such time, in such manner, and accompanied by
such information as the Secretary may require.
``(d) Selection of Grant Recipients.--Not later than 6
months after the date of enactment of the Nursing Education
Opportunities Act, the Secretary shall establish requirements
and procedures for the administration of grants under this
section and procedures for selecting grant recipients. In
awarding grants under this section, the Secretary shall
consider the following:
``(1) Doctoral nursing program distribution.--Providing
priority to eligible entities located in States in which
there are no doctoral nursing degree programs.
``(2) Geographic distribution.--Providing an equitable
geographic distribution of such grants.

[[Page S13442]]

``(3) Rural and urban areas.--Distributing such grants to
rural and urban areas.
``(4) Prior experience or exceptional programs.--Whether
the eligible entity has demonstrated--
``(A) prior experience in, or exceptional programs for, the
preparation of baccalaureate prepared nurses or master's
prepared nurses; and
``(B) an interest in establishing a doctoral nursing degree
program.
``(e) Grant Amount.--Each grant awarded under this section
shall be equal to not more than $2,000,000.
``(f) Grant Duration.--A grant awarded under this section
shall be for a period of not more than 5 years.
``(g) Use of Funds.--An eligible entity that receives a
grant under this section shall use the grant funds to
establish a doctoral nursing degree program, including--
``(1) hiring administrators, faculty, and staff;
``(2) retaining current faculty;
``(3) developing doctoral curriculum;
``(4) repairing and expanding infrastructures;
``(5) purchasing educational equipment;
``(6) developing and enhancing clinical laboratories;
``(7) recruiting students;
``(8) establishing technology infrastructures; and
``(9) other investments determined necessary by the
eligible entity for the development of a doctoral nursing
degree program.
``(h) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section not
more than $40,000,000 for fiscal year 2008 and such sums as
may be necessary for each of the 4 succeeding fiscal
years.''.

SEC. 7. DOCTORAL NURSING CONSORTIA PILOT PROJECT.

Part D of title VIII of the Public Health Service Act (42
U.S.C. 296p et seq.), as amended by section 6, is further
amended by adding at the end the following:

``SEC. 833. DOCTORAL NURSING CONSORTIA PILOT PROJECT.

``(a) Purpose.--The purpose of the pilot project under this
section is to provide grants to partnerships of eligible
entities to establish consortia to enhance and expand the
availability of doctoral nurse faculty and education by
enabling the partners involved to share doctoral faculty and
programmatic resources so that the nursing faculty shortage
does not further inhibit the preparation of future nurses or
nurse faculty.
``(b) In General.--The Secretary shall award grants to
partnerships of eligible entities to enable the partnerships
to establish doctoral nursing consortia.
``(c) Definitions.--In this section:
``(1) Doctoral nursing consortium.--The term `doctoral
nursing consortium' means a partnership that includes 2 or
more of--
``(A) eligible entities within the same State;
``(B) eligible entities within different States; or
``(C) eligible entities establishing a doctoral nursing
program.
``(2) Eligible entity.--The term `eligible entity' has the
meaning given the term in section 832(b).
``(d) Application.--A partnership of eligible entities that
desires a grant under this section shall submit an
application to the Secretary at such time, in such manner,
and accompanied by such information as the Secretary may
require. Such partnership may apply for a grant under this
section each year of the pilot project.
``(e) Selection.--Not later than 6 months after the date of
enactment of the Nursing Education Opportunities Act, the
Secretary shall establish requirements and procedures for the
administration of grants under this section and procedures
for selecting grant recipients.
``(f) Consideration in Making Awards.--In awarding grants
under this section, the Secretary shall consider the
following:
``(1) Prior experience or exceptional programs.--Eligible
entities that have demonstrated prior experience in, or
exceptional programs for, the preparation of--
``(A) doctorally prepared nursing faculty and nursing
researchers; and
``(B) baccalaureate prepared nurses or master's prepared
nurses.
``(2) Geographic distribution.--Providing an equitable
geographic distribution of such grants.
``(3) Rural and urban areas.--Distributing such grants to
rural and urban areas.
``(4) New grantees.--Awarding grants to eligible entities
that have not previously received a grant under this section.
``(g) Grant Amount.--The Secretary shall determine the
amount of each grant awarded under this section based on the
purpose of this section, which amount shall not be more than
$500,000.
``(h) Use of Funds.--A partnership of eligible entities
that receives a grant under this section shall use the grant
funds to establish a doctoral nursing consortium that shall
share doctoral faculty and programmatic resources, such as--
``(1) establishing technology infrastructures;
``(2) developing shared doctoral curriculum;
``(3) hiring faculty and staff;
``(4) retaining current faculty;
``(5) providing travel stipends for nursing faculty who
agree to teach nursing courses at another eligible entity
within the doctoral nursing consortium;
``(6) providing scholarships for post-doctoral fellows who
agree to teach a nursing course within the nursing doctoral
consortium;
``(7) providing collaborative networks for nursing
research; and
``(8) other investments determined necessary by the
eligible entities for use within the doctoral nursing
consortium.
``(i) Grant Duration.--The pilot project under this section
shall be for a period of not more than 5 years.
``(j) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section not
more than $10,000,000 for fiscal year 2008 and such sums as
may be necessary for each of the 4 succeeding fiscal
years.''.

SEC. 8. NURSE FACULTY PILOT PROJECT.

Title VII of the Higher Education Act of 1965 (20 U.S.C.
1133 et seq.) is amended by adding at the end the following:

``PART F--NURSE FACULTY PILOT PROJECT

``SEC. 781. PURPOSES.

``The purposes of this part are to create a pilot program--
``(1) to provide scholarships to qualified nurses in
pursuit of an advanced degree with the goal of becoming
faculty members in an accredited nursing program; and
``(2) to provide grants to partnerships between accredited
schools of nursing and hospitals or health facilities to fund
release time for qualified nurse employees, so that those
employees can earn a salary while obtaining an advanced
degree in nursing with the goal of becoming nurse faculty.

``SEC. 782. ASSISTANCE AUTHORIZED.

``(a) Competitive Grants Authorized.--The Secretary may, on
a competitive basis, award grants to, and enter into
contracts and cooperative agreements with, partnerships
composed of an accredited school of nursing at an institution
of higher education and a hospital or health facility to
establish not more than 5 pilot projects to enable such
hospital or health facility to retain its staff of
experienced nurses while providing a mechanism to have these
individuals become, through an accelerated nursing education
program, faculty members of an accredited school of nursing.
``(b) Duration; Evaluation and Dissemination.--
``(1) Duration.--Grants under this part shall be awarded
for a period of 3 to 5 years.
``(2) Mandatory evaluation and dissemination.--Grants under
this part shall be primarily used for evaluation, and
dissemination to other institutions of higher education, of
the information obtained through the activities described in
section 781(2).
``(c) Considerations in Making Awards.--In awarding grants
and entering into contracts and cooperative agreements under
this section, the Secretary shall consider the following:
``(1) Geographic distribution.--Providing an equitable
geographic distribution of such grants.
``(2) Rural and urban areas.--Distributing such grants to
urban and rural areas.
``(3) Range and type of institution.--Ensuring that the
activities to be assisted are developed for a range of types
and sizes of institutions of higher education.
``(4) Prior experience or exceptional programs.--
Institutions of higher education with demonstrated prior
experience in providing advanced nursing education programs
to prepare nurses interested in pursuing a faculty role.
``(d) Uses of Funds.--Funds made available by grant,
contract, or cooperative agreement under this part may be
used--
``(1) to develop a new national demonstration initiative to
align nursing education with the emerging challenges of
healthcare delivery; and
``(2) for any 1 or more of the following innovations in
educational programs:
``(A) To develop a clinical simulation laboratory in a
hospital, health facility, or accredited school of nursing.
``(B) To purchase distance learning technologies.
``(C) To fund release time for qualified nurses enrolled in
the graduate nursing program.
``(D) To provide for faculty salaries.
``(E) To collect and analyze data on educational outcomes.

``SEC. 783. APPLICATIONS.

``Each partnership desiring to receive a grant, contract,
or cooperative agreement under this part shall submit an
application to the Secretary at such time, in such manner,
and accompanied by such information as the Secretary may
require. Each application shall include assurances that--
``(1) the individuals enrolled in the program will be
qualified nurses in pursuit of a master's or doctoral degree
in nursing and have a contractual obligation with the
hospital or health facility that is in partnership with the
institution of higher education;
``(2) the hospital or health facility of employment would
be the clinical site for the accredited school of nursing
program;
``(3) individuals will also maintain their employment on a
part time basis to the hospital or health facility that
allowed them to participate in the program, and will receive
an income from the hospital or health facility, as a part
time employee, and release times or flexible schedules to
accommodate the individuals' class schedules; and
``(4) upon completion of the program, an individual agrees
to teach for 2 years in an

[[Page S13443]]

accredited school of nursing for each year of support the
individual received under this program.

``SEC. 784. AUTHORIZATION OF APPROPRIATIONS.

``There are authorized to be appropriated for this part not
more than $10,000,000 for fiscal year 2008 and such sums as
may be necessary for each of the 4 succeeding fiscal years.

``SEC. 785. DEFINITION.

``For purposes of this part, the term `health facility'
means an Indian Health Service health service center, a
Native Hawaiian health center, a hospital, a Federally
qualified health center, a rural health clinic, a nursing
home, a home health agency, a hospice program, a public
health clinic, a State or local department of public health,
a skilled nursing facility, or ambulatory surgical center.''.
______

By Mr. BINGAMAN (by request):
S. 2231. A bill to authorize the Secretary of the Interior to
strengthen cooperative conservation efforts and to reduce barriers to
the use of partnerships to enable Federal natural resource managers to
meet their obligations, and for other purposes; to the Committee on
Energy and Natural Resources.
Mr. BINGAMAN. Mr. President, on June 19, 2007, the administration
transmitted draft legislation entitled the Cooperative Conservation
Enhancement Act, which was referred to the Committee on Energy and
Natural Resources.
I am pleased today to introduce the Cooperative Conservation
Enhancement Act, by request, as a courtesy to the administration. This
bill would clarify the responsibilities and authorities of the
Secretary of the Interior to enter into cooperative conservation
partnerships.
I ask unanimous consent that the text of the bill, a letter of
support, and a section-by-section analysis be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:

S. 2231

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 ``Cooperative Conservation
Enhancement Act''.

SEC. 2. FINDINGS AND PURPOSES.

(a) Findings.--Congress finds that--
(1) fostering innovation, emphasizing partnerships,
creating incentives for stewardship, drawing on information
from local citizens, and providing integrated decision-making
frameworks that involve States and localities in Federal
decision-making are successful cooperative conservation
strategies that help conserve our Nation's natural resources
and protect our environment;
(2) Americans favor environmental protection and natural
resource management achieved through cooperation over
conflict, which is the goal of cooperative conservation;
(3) successful conservation policies reside in the efforts
of citizens to maintain healthy land and waters and the
wildlife that depend on them, in particular, in the actions
of citizens in their own backyards, at their places of
recreation and work, on farms and ranches, and in communities
across the Nation;
(4) to ensure long-term benefits and to meet program goals,
it is important for Federal, State, and local officials to
tap the ingenuity, imagination, and innovative spirit of
citizens at the local level, which is where the resolution to
many conservation challenges lies;
(5) cooperative conservation represents a proven and
necessary approach to achieving conservation goals, and
includes the people who engage in activities on public and
private land and established measures by which to judge
whether actions have truly improved the environment, enhanced
natural resources, maintained healthy local communities, and
fostered dynamic economies;
(6) through cooperative conservation, benefits to the
environment and natural resources are measured by results on
the ground, in the water, and in the air;
(7) cooperative conservation emphasizes cooperative problem
solving, incentives, and cooperation over prescriptive rules;
(8) cooperative conservation respects property rights,
contracts, and compacts;
(9) actions taken by the Executive Branch to further
cooperative conservation have begun to show tangible results
in addressing the challenges that citizens and Federal land
managers are facing as they work to improve land, waters, and
wildlife habitat through partnered problem solving;
(10) it is the intent of Congress to recognize the
importance of enhancing means available to landowners,
States, Indian tribes, and Federal land managers to achieve
improvements to the environment and natural resources through
cooperative conservation; and
(11) the Secretary of the Interior is generally authorized
to undertake many activities with partners to conserve
natural resources and protect the environment, but that
specific authorization to accomplish these goals through
cooperative conservation would reinforce the importance of
these goals.
(b) Purposes.--The purposes of this Act are--
(1) to strengthen and advance the Department of the
Interior's commitment to the improvement of the environment
and enhancement of natural resources through cooperative
conservation efforts;
(2) to advance successful models of cooperative
conservation by ensuring clear, but flexible, authority for
programs currently carried out by the Department through its
bureaus under many disparate authorities;
(3) to expand the use of cooperative conservation by
providing the Secretary of the Interior with new authorities
to better promote conservation partnerships with private
individuals, organizations, and government entities;
(4) to further the use of partnerships to help the
Department's land and natural resource managers better meet
their obligations;
(5) to promote conservation partnership capacity building;
and
(6) to authorize the use of collaborative problem solving
and alternative dispute resolution in the Department's
bureaus and offices.

SEC. 3. DEFINITIONS.

In this Act:
(1) Cooperative conservation.--The term ``cooperative
conservation'' means actions that relate to the use,
enhancement, and enjoyment of natural resources, protection
of the environment, or both, and that involve collaborative
activity among Federal, State, local, and tribal governments,
private for-profit and nonprofit institutions, other
nongovernmental entities, or individuals.
(2) Department.--The term ``Department'' means the
Department of the Interior.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.

TITLE I--WORKING LANDSCAPE PROJECTS

SEC. 101. SHORT TITLE.

This title may be cited as the ``Working Landscape Projects
Act of 2007.''

SEC. 102. DEFINITIONS.

In this title:
(1) Administrative services.--The term ``administrative
services'' includes services and costs associated with the
operations of activities authorized under this title. These
services and costs shall include meeting announcements,
copying, and personnel and reasonable rental costs for
facilities necessary for implementing this title. Such
services and costs shall be consistent with applicable
federal rules, regulations, and guidance.
(2) Governance activities.--The term ``governance
activities'' means those activities required to ensure the
operation and implementation of projects described under this
title, including hiring personnel to coordinate project
implementation, providing oversight and monitoring of
projects and project goals, performing adaptive management
techniques on projects, coordinating activities with various
partners, performing scientific oversight of projects,
including commissioning scientific studies, and requesting
data from Federal, State, and local government officials,
nonprofit organizations, and private individuals.
(3) Information dissemination activities.--The term
``information dissemination activities'' includes
broadcasting the announcement of meetings and the
distribution of reports, memos, and other relevant
information necessary for carrying out the authorities under
this title.
(4) Landscape project partner.--The term ``landscape
project partner'' means a representative of Federal, State,
or tribal governments, private landowners or corporations, or
nonprofit organizations.

SEC. 103. AUTHORIZATION FOR ADMINISTRATIVE, GOVERNANCE, AND
INFORMATION DISSEMINATION PURPOSES.

(a) In General.--(1) The Secretary is authorized, through a
competitive process, to directly fund or reimburse landscape
project partners for the development or maintenance of
necessary administrative services, governance activities, and
information dissemination activities necessary for the
implementation of a landscape project.
(2) The funding under paragraph (1) shall not exceed 3
years for a particular project.
(3) In order to qualify for administrative funding, a
project shall--
(A) include participation by representatives from a
diversity of individuals and organizations, including
government;
(B) affect several jurisdictions or land ownerships; and
(C) have the potential for advancing cooperative
conservation across a geographical area.
(b) Eligible Projects.--Such projects may include--
(1) established cooperative projects that have a documented
record of success and demonstrated leadership and
organizational capacity;
(2) existing conservation projects that are at the stage of
forming partnerships and require sustained capacity building;
or
(3) new or proposed projects that have a plan for
establishing partnerships and developing landscape-based
projects.
(c) Criteria.--Eligible applications shall--
(1) exhibit a clear purpose;

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(2) demonstrate, or have a plan for establishing,
partnerships which include representation of key interests
through multiple partners;
(3) use, or plan to use in the future, coordinated
management with Federal and other partners;
(4) have developed performance goals and objectives
consistent, where appropriate, with departmental goals;
(5) have developed a plan for implementing, monitoring, and
evaluating achievement of project performance goals and
objectives;
(6) include non-Federal partners who commit resources to
the project such as technical resources or other funds, in-
kind services, contributions of individuals' time, or meeting
support;
(7) demonstrate processes, practices, and outcomes that can
have general application by Federal agencies and other non-
Federal entities;
(8) receive Federal funding through a competitive process
established by the Secretary; and
(9) have or expect to develop a plan for phasing to an
alternative non-Federal source of funds to sustain the
partnership at the conclusion of the Federal partnership
period.
(d) Conservation Project Coordinator.--(1) Within 3 months
after the date of enactment of this Act, the Secretary may
designate a Department employee as a Conservation Project
Coordinator (referred to in this subsection as the
``Coordinator''), who shall--
(A) serve as the primary Federal coordinator of the
projects that receive funding under this section; and
(B) oversee and encourage the expedited review and
execution of any and all Federal decisions associated with
such projects, including the issuance of necessary guidance,
decision memoranda, regulations, and other activities, as
necessary.
(2) The Coordinator may also carry out such other related
cooperative conservation related activities and projects as
the Secretary deems appropriate.
(3) All actions carried out by the Coordinator shall be
related to the authorized programs and activities of the
Department.

SEC. 104. FUNDING.

For the purpose of implementing section 103 and from
amounts available for programs identified in the President's
annual budget submission as Cooperative Conservation
Programs, the Secretary is authorized to use--
(1) up to 5 percent of the funds made available for fiscal
year 2008;
(2) up to 6 percent of the funds made available for fiscal
year 2009; and
(3) up to 7 percent of the funds made available for fiscal
year 2010.

TITLE II--LANDOWNER CONSERVATION ASSISTANCE MEASURES

SEC. 201. SHORT TITLE.

This title may be cited as the ``Conservation Bank Program
Act''.

SEC. 202. DEFINITIONS.

In this title:
(1) Bank operator.--The term ``bank operator'' means any
public or private entity responsible for operating or
managing a conservation bank under an agreement with a bank
sponsor.
(2) Bank sponsor.--The term ``bank sponsor'' means any
public or private entity responsible for establishing and, in
most circumstances, operating or managing a conservation bank
and for ensuring that the conservation bank complies with all
applicable laws.
(3) Conservation bank.--The term ``conservation bank''
means a parcel of land that--
(A) contains natural resource values that are ecologically
suitable with regard to topographic features, habitat
quality, compatibility of existing and future land use
activities surrounding the bank, species use of the area, or
any other factors determined to be relevant by the Secretary
for achieving mitigation of specified species listed pursuant
to the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.) or candidates for listing under that Act;
(B) is conserved and operated or managed in perpetuity
through a conservation easement held by a bank sponsor which
is responsible for enforcing the terms of the easement for
specified species listed pursuant to the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.) or which are candidates
for listing under that Act; and
(C) is used to offset impacts occurring elsewhere to the
same resource values on nonconservation bank land.
(4) Conservation bank agreement.--The term ``conservation
bank agreement'' means a legally enforceable written
agreement between the conservation bank sponsor and, if
applicable, operator, and the Secretary that identifies the
conditions and criteria under which the conservation bank
will be established and operated or managed.
(5) Conservation bank review team.--The term ``Conservation
Bank Review Team'' means the interagency group that can
include Federal, State, tribal, and local regulatory and
resource agency representatives that are signatories to a
conservation bank agreement and which oversee the
establishment, use, and operation of a conservation bank.
(6) Credit.--The term ``credit'' means a unit of measure
representing the quantification of species or habitat
conservation values within a conservation bank.

SEC. 203. ESTABLISHMENT, USE, AND OPERATION OF CONSERVATION
BANKS.

(a) Conservation Banking.--(1) The Secretary, acting
through the United States Fish and Wildlife Service, shall
select the members of and convene a Conservation Bank Review
Team to evaluate for acceptance proposals received from bank
sponsors to establish conservation banks according to
criteria that the Secretary shall establish in accordance
with subsection (b).
(2) If the Conservation Bank Review Team recommends a
proposal, it shall present the proposal to the Secretary, who
may modify or accept the proposal.
(3) If the Secretary accepts the proposal, the Secretary
may enter into a conservation bank agreement and is
responsible for establishing the terms under which the
conservation bank will operate.
(4) Representatives on the Conservation Bank Review Team
must unanimously agree in order for an acceptance to be
transmitted to the Secretary.
(b) Criteria for Conservation Banks.--In determining
whether to approve a conservation bank proposal, a
Conservation Bank Review Team shall consider such factors as
the Secretary determines are appropriate, including whether
the conservation bank would--
(1) provide an economically effective process that provides
options to landowners to offset the adverse effects of
proposed projects to species covered by the conservation
bank;
(2) provide adequate mitigation for the species through
such strategies as preservation, management, restoration of
degraded habitat, connecting of separated habitats, buffering
of already protected areas, creation of habitat, and other
appropriate actions;
(3) be of sufficient size to ensure the maintenance of
ecological integrity in perpetuity; and
(4) provide funding assurances to provide for the
conservation bank's perpetual operation, management,
monitoring, and documentation costs.
(c) Conservation Bank Agreement Requirements.--The bank
agreement shall--
(1) include a requirement for adequate funding, as
determined by the Secretary, to provide for the conservation
bank's perpetual operation, management, monitoring, and
documentation costs;
(2) specify the exact legal location of the conservation
bank and its service area;
(3) specify how credits will be established and managed;
(4) include a requirement that the bank sponsor submit, at
the Secretary's request, periodic statements detailing the
finances of the conservation bank; and
(5) require submission to the Secretary of periodic
monitoring reports on implementation of the conservation bank
agreement and such other matters as the Secretary may
prescribe.
(d) Judicial Review.--Any party to an agreement entered
into under this section may bring an action for violation of
that agreement in the United States District Court for the
District of Columbia.
(e) Effect on Existing Conservation Banks.--Conservation
banks established before the date of enactment of this Act
are not required to comply with the criteria in this Act,
except where such conservation banks create new conservation
banks that are separate from the existing bank.

TITLE III--PROMOTING PARTNERSHIPS

SEC. 301. COOPERATION WITH OUTSIDE ENTITIES.

Except as otherwise provided, in carrying out existing
programs within the sums appropriated for such purposes, the
Secretary or a designee is authorized to--
(1) provide assistance to, and cooperate with, Federal,
State, local, public or private agencies, organizations, or
individuals or Indian tribes for purposes of carrying out any
measures that clearly and directly contribute to achieving
conservation or natural resource management-related mission
and performance goals of the Department or its bureaus; and
(2) accept donations of land and or interests in land in
furtherance of the purposes of this section.

SEC. 302. ABILITY TO EXPEND FUNDS TO BENEFIT DEPARTMENT LAND.

(a) Authorization of Activities.--In carrying out existing
programs within the sums appropriated for such purposes, the
Secretary or a designee is authorized to carry out activities
on nonfederally owned land provided those activities directly
benefit the resource values and management of Federal land,
including--
(1) the preservation, conservation, and restoration of
coastal and riparian systems, watersheds, and wetlands;
(2) the prevention, control, or eradication of invasive
exotic species that occupy adjacent non-Federal land; or
(3) the restoration of natural resources, including native
wildlife habitat.
(b) Limitations.--Such activities may only be conducted
with the written permission of the landowner, and must
clearly and directly benefit the specific Department land
management unit by directly contributing to the programmatic
and performance goals of that unit.
(c) Ineligible Activities.--Eligible activities shall not
include the construction of permanent capital improvements or
acquisition of land.
(d) Relationship to Existing Programs.--Nothing in this
section supersedes or otherwise affects or alters the
authority provided in title V.

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SEC. 303. PUBLICIZING AND PROVIDING NON-FINANCIAL ASSISTANCE
TO PARTNERSHIPS.

(a) In General.--In carrying out existing programs within
the sums appropriated for such purposes, the Secretary or a
designee is authorized to--
(1) publicize partnership programs and opportunities
through publication of announcements in newspapers of general
circulation, in the Federal Register, or such other methods
as the Secretary determines are appropriate; and
(2) provide nonfinancial assistance to private individuals
who are establishing nonprofit groups that are intended to
support the mission of a bureau or of a particular management
unit of a bureau, such as a park or refuge.
(b) Clarifications.--(1) Nothing in this section shall
authorize a Department employee to establish a nonprofit
entity or other corporate entity to support the Department's
mission, including by acting as an incorporator, founding
board member, or by assuming any management or fiduciary
responsibilities with respect to any such nonprofit or
corporate entity.
(2) Nothing in this section shall waive the application of
the provisions of section 1913 of title 18, United States
Code.

SEC. 304. CENTERS OF EXCELLENCE FOR PARTNERSHIP LEARNING.

(a) Definition of Center of Excellence for Partnership
Learning.--In this section, the term ``Center of Excellence
for Partnership Learning'' or ``Center'' means a Federal
facility that is identified by the appropriate Secretary as
meeting criteria established under this section and which
provides Federal employees and their partners the opportunity
to learn cooperative conservation-related best practices.
(b) In General.--(1) In carrying out existing programs
within the sums appropriated for such purposes, the Secretary
and the Secretary of Agriculture may identify as Centers of
Excellence for Partnership Learning sites under their
jurisdiction that meet the criteria in subsection (c) with
the purpose of providing Federal employees and partners,
including State and local government employees, nonprofit
employees, private sector employees, and employees of Indian
tribes, the opportunity to learn the best practices involved
in creating successful partnerships and a culture of
collaboration.
(2) Each Center identified under this section may develop
and host a schedule of activities including--
(A) visits;
(B) seminars and other educational courses; and
(C) opportunities for details or job swaps.
(3) To the maximum extent practicable, each Center shall
develop and accept applications for participation in Center
activities from employees of the Department or the Department
of Agriculture or of their partnering entities on a first-
come, first-served basis.
(c) Criteria for Identifying Centers of Excellence for
Partnership Learning.--Each Center shall be identified based
on the following criteria:
(1) Partnership culture has been successfully integrated
into the organization, and is not dependent on any particular
individual.
(2) The organization has demonstrated partnership success
stories that relate to identified partnership competencies.
(3) The organization has the capacity to host and teach
others from the participating agencies.
(4) The organization agrees to a schedule of hosting
activities.
(5) The organization is willing to host follow-up
activities with participating individuals.
(d) Incentives for Participation.--(1) The respective
Secretary for each Center identified in this section is
authorized to accept and use reimbursement from the
participating agencies and partnering entities for the cost
of operating the program.
(2) The respective Secretary for each Center is authorized
to provide reimbursement of travel and per diem expenses to
federal employees who participate in Center activities.

SEC. 305. PARTNERSHIP ROSTER.

(a) In General.--The Secretary and the Secretary of
Agriculture may establish and make available to the public a
multiagency roster with the goal of enhancing capacity for
partnerships and collaborative actions.
(b) Authorized Activities.--The partnership roster
authorized under this section shall provide nonfinancial
assistance and information to government agencies, private
sector organizations, and the public in a variety of areas,
including--
(1) identification and understanding of statutory and
regulatory authorities;
(2) development and implementation of agreements and
contracts used in Department and Department of Agriculture
programs;
(3) creation and management of nonprofit support groups;
(4) diversification and strengthening of agency funding
through the use of partnerships, matching funds, and other
devices;
(5) allowable avenues for and uses of private philanthropy;
(6) development of a partnership-focused workplace;
(7) building of community connections and fostering of
citizen engagement through the use of partnerships;
(8) allowable avenues for donor recognition;
(9) development of communication skills; and
(10) conflict management and collaborative management.

TITLE IV--COOPERATION AMONG FEDERAL AGENCIES

SEC. 401. SERVICE FIRST AUTHORITY.

(a) In General.--The Secretary, through the Directors of
the Bureau of Land Management, the U.S. Fish and Wildlife
Service, and the National Park Service, and the Secretary of
Agriculture, through the Chief of the U.S. Forest Service,
may--
(1) conduct projects, planning, permitting, leasing,
including leasing of real property and office space,
contracting and other activities, either jointly or on behalf
of one another;
(2) co-locate in Federal offices and facilities leased or
owned by an agency of either Department;
(3) promulgate special rules for issuance of unified
permits, applications, and leases; and
(4) share or transfer equipment, vehicles, or other
personal property.
(b) Delegation of Authority.--Consistent with section 403,
the Secretary and the Secretary of Agriculture may make
reciprocal delegations of their respective authorities,
duties, and responsibilities in support of the activities
authorized in this title to promote customer service and
efficiency.

SEC. 402. USE OF FUNDS.

(a) In General.--In carrying out the provisions of this
title, the Secretary and the Secretary of Agriculture may
make transfers of funds available and reimbursement of funds
on an annual basis among the Bureau of Land Management, the
U.S. Fish and Wildlife Service, the National Park Service,
and the U.S. Forest Service, including transfers and
reimbursements for multiyear projects that involve 1 or more
of those agencies.
(b) Limitation.--The authority provided in this title may
not be used to circumvent requirements and limitations
imposed on the use of funds.

SEC. 403. CONSTRUCTION.

Nothing in this title shall alter, expand, or limit the
applicability of any public law or regulation to land
administered by the participating agencies of either
Department.

TITLE V--COOPERATIVE ASSISTANCE

SEC. 501. FISH AND WILDLIFE SERVICE COASTAL PROGRAM.

(a) Definitions.--In this section--
(1) Coastal program partners.--The term ``coastal program
partners'' means individuals, groups, or agencies, such as
land conservancies, community organizations, businesses,
conservation organizations, private landowners, State or
local governments, and Federal agencies, including any
partnerships or consortia of these individuals, groups, or
agencies, who agree to work on habitat restoration or
protection strategies under this program.
(2) Habitat restoration.--The term ``habitat restoration''
means the manipulation of the physical, chemical, or
biological characteristics of a site with the goal of
returning natural functions to the lost or degraded native
habitat.
(3) Important coastal habitat.--
(A) In general.--The term ``Important Coastal Habitat''
means habitat in coastal ecosystems that supports or will
support after protection or restoration threatened and
endangered species, fishery resources under the Department's
jurisdiction, and migratory birds.
(B) Inclusions.--The term ``Important Coastal Habitat''
includes the Great Lakes, Pacific Islands, and the Caribbean,
and bays, estuaries, coastal streams, and wetlands, shore,
and terrestrial habitats within coastal areas.
(4) Priority species.--The term ``priority species'' means
threatened and endangered species, fishery resources under
the Department's jurisdiction, and migratory birds.
(5) Project.--The term ``project'' means a project carried
out under the authority of this section in cooperation with
coastal program partners and which has the primary purpose of
conserving important coastal habitat, and which may include
habitat restoration and other technical assistance.
(6) Technical assistance.--The term ``technical
assistance'' means biological and habitat assessments,
inventories, project coordination, monitoring, mapping, grant
writing, and habitat restoration expertise.
(b) Coastal Program.--The Secretary is authorized to carry
out the Coastal Program within the United States Fish and
Wildlife Service to assess, conserve, and restore important
coastal habitats for the benefit of priority species.
Projects carried out under this authority may include
activities to identify, evaluate, and map important coastal
habitat, to assist community efforts by providing assessment
and planning tools to identify important coastal habitats
that are a priority for protection and restoration, and to
provide both technical assistance and financial assistance,
primarily through cooperative agreements, to coastal program
partners to plan and implement projects that benefit coastal
wetland, estuaries, upland, and stream habitats important to
priority species.
(c) Coordination.--The Secretary shall, where appropriate,
coordinate with interested Federal agencies on the program
authorized under this section.

SEC. 502. COOPERATIVE CONSERVATION CHALLENGE COST-SHARE.

(a) Definitions.--In this section:
(1) Habitat enhancement.--
(A) In general.--The term ``habitat enhancement'' means the
manipulation of the

[[Page S13446]]

physical, chemical, or biological characteristics of a native
habitat to change, so as to heighten, intensify, or improve,
a specific function or seral stage of the native habitat.
(B) Exclusions.--The term ``habitat enhancement'' does not
include regularly scheduled and routine maintenance and
management activities.
(2) Habitat establishment.--The term ``habitat
establishment'' means the manipulation of physical, chemical,
or biological characteristics of a project site to create and
maintain habitat that did not previously exist on the project
site.
(3) Habitat improvement.--The term ``habitat improvement''
includes restoring or artificially providing physiographic,
hydrological, or disturbance conditions necessary to
establish or maintain native plant and animal communities,
including periodic manipulations to maintain intended habitat
conditions on completed project sites.
(4) Habitat restoration.--The term ``habitat restoration''
means the manipulation of the physical, chemical, or
biological characteristics of a site with the goal of
returning natural functions to the lost or degraded native
habitat.
(b) Challenge Cost Share Agreement Authority.--
(1) In general.--The Secretary, acting through the United
States Fish and Wildlife Service, the National Park Service,
or the Bureau of Land Management, is authorized to negotiate
and enter into cooperative arrangements with any State or
local government, Indian tribe, public or private agency,
organization, institution, corporation, individual, or other
entity to carry out on a public-private cost sharing basis
on-the-ground conservation activities, including functions
and responsibilities relating to habitat improvement, habitat
restoration, habitat enhancement, and habitat establishment
on public or private land.
(2) Private land.--Projects carried out on private land
require--
(A) express permission from landowners;
(B) a clear and direct benefit to the specific Departmental
land management unit entering into the arrangement through
the direct contribution to the programmatic and performance
goals of that unit; and
(C) that the project be adjacent to, or in close proximity
to, land administered by the Department.
(3) Effect on existing laws.--Nothing in this section shall
be construed to supersede, modify, or repeal existing laws
providing additional cost-share authorities.
(4) Cost-sharing.--(A) The Federal share for a project
authorized under this section may not exceed 50 percent and
shall be provided on a matching basis.
(B) The non-Federal share for a project authorized under
this section may be satisfied by the provision of cash,
services, or in-kind contributions.

SEC. 503. WATER MANAGEMENT IMPROVEMENT ACT.

(a) Short Title.--This section may be cited as the ``Bureau
of Reclamation Water Management Improvement Act''.
(b) Authorization of Grants and Cooperative Agreements.--
(1) In general.--The Secretary is authorized to enter into
grants and cooperative agreements with States, Indian tribes,
irrigation districts, water districts, or other organizations
with water delivery authority to fund up to 50 percent of the
cost of planning, designing, or constructing improvements
that will conserve water, increase water use efficiency,
facilitate water markets, enhance water management, or
implement other actions to prevent water-related crises or
conflicts in watersheds that have a nexus to Federal water
projects within the States identified in section 1 of the
Reclamation Act of 1902 (Act of June 17, 1902, 32 Stat. 388,
chapter 1093) as amended and supplemented (43 U.S.C. 371 et
seq.).
(2) Criteria.--Grants and cooperative agreements entered
into pursuant to this authority shall meet the following
criteria:
(A) When such improvements are to federally-owned
facilities, funds provided under any such grant or
cooperative agreement may be provided on a nonreimbursable
basis to an entity operating affected transferred works or
may be deemed nonreimbursable for nontransferred works.
(B) Title to improvements made to federally-owned
facilities shall be held by the United States.
(C) The calculation of the non-Federal contribution shall
provide for consideration of the value of any in-kind
contributions which the Secretary determines materially
contribute to the completion of the proposed action, but
shall not include funds received from other Federal agencies.
(D) The cost of operating and maintaining improvements for
which funding is provided shall be the responsibility of the
non-Federal entity.
(E) The United States shall not be held liable by any court
for monetary damages of any kind arising out of any act,
omission, or occurrence relating to non-federally owned
facilities created or improved under this section, except for
damages caused by acts of negligence committed by the United
States or by its employees or agents. Nothing in this section
increases the liability of the United States beyond that
provided in chapter 171 of title 28, United States Code
(popularly known as the ``Federal Tort Claims Act'').
(c) Relationship to Project Specific Authority.--This
section shall not supersede any existing project-specific
funding authority.
(d) Research Agreements.--The Secretary is also authorized
to enter into cooperative agreements with universities,
nonprofit research institutions, or organizations with water
or power delivery authority to fund research to conserve
water, increase water use efficiency, or enhance water
management under such terms and conditions as the Secretary
deems appropriate.
(e) Mutual Benefit.--Grants or cooperative agreements made
pursuant to this section may be for the mutual benefit of the
United States and the other party.
(f) Authorization of Appropriations.--There is authorized
to be appropriated $100,000,000 to carry out the purposes of
this section, to remain available until expended.
(g) Reclamation Law.--This section shall amend and
supplement the Act of June 17, 1902 (32 Stat. 388, chapter
1093) and Acts supplementary thereto and amendatory thereof
(43 U.S.C. 371 et seq.).

SEC. 504. CONSULTATION WITH STATE PLANS.

In evaluating proposals for wildlife conservation grants
under programs administered by the Department, including
grants and financial assistance authorized under this title,
the Secretary shall, where appropriate, consult the State
Comprehensive Conservation Plans required under the State and
Tribal Wildlife Grant Program and coordinate with State fish
and wildlife agencies in the planning and implementation of
the actions identified in those Plans.

TITLE VI--CONFLICT RESOLUTION

SEC. 601. ALTERNATIVE DISPUTE RESOLUTION OFFICE.

(a) In General.--(1) The Secretary shall establish within
the Department an Office of Collaborative Action and Dispute
Resolution to promote and advance the appropriate use of
collaborative problem solving and alternative dispute
resolution processes in all bureaus and offices.
(2) The Office established under paragraph (1) shall
coordinate efforts of the Department to increase the use of
early consensus-building, alternative dispute resolution
processes, and negotiated rulemaking consistent with existing
laws, regulations, and policies.
(b) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
the program described in this section.

TITLE VII--MISCELLANEOUS PROVISIONS

SEC. 701. SAVINGS PROVISION.

Nothing contained in this Act shall be construed or applied
to supersede any other provision of Federal or State law.

SEC. 702. SEVERABILITY PROVISION.

If any provision of this Act, or the application of any
provision of this Act to any person or circumstance, is held
invalid by a court of competent jurisdiction, the application
of such provision to other persons or circumstances, and the
remainder of this Act shall not be affected thereby.

SEC. 703. REGULATIONS.

The Secretary is authorized to prescribe such regulations
as are necessary to carry out this Act.
____

The Deputy Secretary

of the Interior,

Washington, DC, June 19, 2007.
Hon. Richard Cheney,
President of the Senate, U.S. Senate, Washington, DC.
Dear Mr. President: The Administration is pleased to
forward the enclosed draft legislation, titled the
``Cooperative Conservation Enhancement Act,'' for your
consideration. The draft legislation is intended to advance
the Department of the Interior's successful model of
cooperative conservation in several ways. First, it will
ensure clear, but flexible statutory authority for programs
that are currently carried out by the Department but are
generally authorized under many disparate authorities.
Second, the bill seeks to expand the use of cooperative
conservation by providing the Secretary of the Interior with
new authorities that will assist the Department in promoting
conservation partnerships with private individuals,
companies, and organizations and government entities; promote
conservation partnership capacity building; and authorize the
use of collaborative problem solving and alternative dispute
resolution in the Department's bureaus and offices.
This draft legislation represents a major step forward for
the Department's cooperative conservation efforts. If
enacted, this new authority will reduce barriers to the use
of partnerships in meeting our resource management
obligations, and will enhance our collaborative efforts to
conserve and protect natural resources and the environment
for which the Department is responsible.
To assist you in your review of the draft legislation, we
have enclosed a section-by-section analysis for the proposed
bill. The Administration recommends that the draft bill be
sent to the appropriate committee for consideration and that
it be enacted.
The Office of Management and Budget has advised that there
is no objection to the submission of this proposal from the
standpoint of the Administration's program.
Sincerely,
P. Lynn Scarlett.
____

Sectional Analysis

The purposes of this bill are to authorize programs and
activities that will strengthen and advance the Department of
the Interior's cooperative conservation efforts and reduce

[[Page S13447]]

barriers to the use of partnerships in meeting resource
management obligations.
Generally, the proposal seeks to strengthen and advance the
Department's successful model of cooperative conservation by
ensuring clear, but flexible statutory authority for programs
that are currently carried out by the Department but
generally authorized under many disparate authorities. The
bill also seeks to expand the use of cooperative conservation
by providing the Secretary of the Interior with new
authorities that will assist the Department in promoting
conservation partnerships with private individuals,
government entities, and organizations; promote conservation
partnership capacity building; and authorize the use of
collaborative problem solving and alternative dispute
resolution in the Department's bureaus and offices.

SECTION 1. SHORT TITLE

This section states that the short title for the bill is
the ``Cooperative Conservation Enhancement Act.''

SECTION 2. FINDINGS AND PURPOSES

This section sets forth congressional findings and
purposes.

SECTION 3. DEFINITIONS

Section 3 sets out several definitions for terms that are
used throughout the bill. The term ``cooperative
conservation'' is defined as actions that relate to the use,
enhancement, and enjoyment of natural resources, protection
of the environment, or both, and that involve collaborative
activity among federal, state, local, and tribal governments,
private for-profit and non-profit institutions, other non-
governmental entities, or individuals. The term
``Department'' is used throughout the bill to reference the
Department of the Interior. Finally, the term ``Secretary''
means the Secretary of the Interior.

Title I--Working Landscape Projects

According to the Department's partners, one of the
difficult hurdles for cooperative conservation projects that
involve multiple partners or which require coordination
across jurisdictions is securing funding for administrative-
type costs. These costs might include costs associated with
governance, such as the hiring of an executive director, or
costs of support services or dissemination of information.
Title I of the bill would provide the Secretary with
authority, for a three-year period, to establish a consistent
stream of such funding, to be awarded competitively and for a
period of up to three years for any given project, for
projects authorized under existing authorities that support
innovative approaches to cooperative conservation.

SECTION 101. SHORT TITLE

The short title of this provision is the ``Working
Landscape Projects Act of 2007.''

SECTION 102. DEFINITIONS

Section 102 provides definitions for certain terms used
throughout this title. The term `administrative services' is
defined to include services and costs associated with the
operations of activities authorized under this title. It is
intended that such services and costs include, but not be
limited to, things like meeting announcements, copying,
personnel costs and reasonable rental costs for facilities
necessary for implementing this title. It is also intended
that services and costs under this title shall be consistent
with any applicable federal rules, regulations, and guidance.
The term `information dissemination activities' is defined to
include broadcasting the announcement of meetings and the
distribution of reports, memos, and other relevant
information necessary for carrying out the authorities under
this title.
`Governance activities' are defined as those activities
required to ensure the operation and implementation of
projects including, but not limited to, hiring personnel to
coordinate project implementation; providing oversight and
monitoring of projects and project goals; performing adaptive
management techniques on projects; coordinating activities
with various partners; performing scientific oversight of
projects, including commissioning scientific studies; and
requesting data from federal, state, and local government
officials, non-profit organizations, and private individuals.
Finally, the term `landscape project partner' is a
representative of federal, state, or tribal governments,
private landowners or corporations, or those of non-profit
organizations.

SEC. 103. AUTHORIZATION FOR ADMINISTRATIVE, GOVERNANCE, AND INFORMATION
DISSEMINATION PURPOSES

Section 103 would authorize the Secretary of the Interior
to provide funds through a competitive process for the
development or maintenance of necessary administrative
requirements, including, but not limited to, costs associated
with governance, support services, and dissemination of
information associated with projects that feature innovative
approaches to cooperative conservation.
Funding for any particular project would be limited to
three years, and to qualify for such administrative funding,
a project must include participation by a diverse group of
partners, including government entities, must affect several
jurisdictions or land ownerships, and must have the potential
to advance cooperative conservation across a geographical
area.
Projects that receive funding under this provision may
include established projects with a record of success;
existing projects that are in their early stages and require
sustained capacity building; or new or proposed projects that
have developed a plan for establishing partnerships and
developing landscape-based projects. Section 103 also
enumerates certain listed criteria that the projects must
meet, and would establish the position of Conservation
Project Coordinator, who would serve as the primary federal
coordinator of projects that receive funding under this
section and whose responsibility it would be to oversee and
encourage such projects such that they are reviewed and
executed expeditiously. The Coordinator would also be
authorized to carry out such other cooperative conservation
related activities and projects as the Secretary deems
appropriate. All actions undertaken by the Coordinator must
be related to the authorized programs and activities of the
Department of the Interior.

SECTION 104. FUNDING

Section 104 sets out the mechanism by which the
administrative costs awarded under this title would be
funded. The Secretary would be authorized to use funds
identified in the President's annual budget submission as
Cooperative Conservation Programs. Examples of such programs
that have been so identified in past budgets include the
Department's Challenge Cost Share Program, authorized by
section 502 of this legislation, or the U.S. Fish and
Wildlife Service's Coastal Program, authorized by section 501
of this legislation. These funds would, in turn, be made
available to the Secretary in amounts of up to 5 percent of
those total funds for FY 2008; up to 6 percent in FY 2009;
and up to 7 percent in FY 2010, and will be used, for
example, for the costs associated with governance, such as
the hiring of an executive director, or costs of support
services or dissemination of information.

Title II--Landowner Conservation Assistance Matters

In order to encourage landowners to participate as citizen
stewards in protecting endangered and threatened species,
species proposed for listing under the Endangered Species Act
of 1973 (16 U.S.C. 1531 et seq.), and candidate species, this
proposal would authorize a conservation banking program
within the Department of the Interior.

SECTION 201. ESTABLISHMENT, USE, AND OPERATION OF CONSERVATION BANKS

In May 2003, the FWS administratively issued its ``Guidance
on the Establishment, Use, and Operation of Conservation
Banks.'' That document recognized that conservation banks can
benefit the Service--by reducing a piecemeal approach to
conservation by promoting the establishment of larger
reserves and habitat connectivity--as well as landowners--who
benefit from its relative ease of use, flexibility, and
opportunity to generate income from what may previously have
been considered a liability. Banking also allows a public/
private collaboration to maintain lands as open space,
providing for the conservation of listed and candidate
species.
Section 201 would establish within the FWS a conservation
banking program. It defines certain important terms,
including ``bank operator,'' ``bank sponsor,'' ``conservation
bank,'' ``conservation bank agreement,'' ``conservation bank
review team,'' and ``credit.'' The proposal would authorize
the Secretary to select and convene a ``Conservation Bank
Review Team,'' an interagency group that may include federal,
state, tribal and local regulatory and resource agency
representatives, to evaluate for acceptance proposals
received from bank sponsors. Section 201 provides that if the
Conservation Bank Review Team recommends a proposal, it shall
present the proposal to the Secretary, who may modify or
accept the proposal. Once it has been accepted, the Secretary
may enter into a conservation bank agreement and is
responsible for establishing the terms under which the
conservation bank will operate.
This section also contains criteria to be used in
determining whether to approve a conservation bank proposal,
including whether the bank would provide an economically
effective process providing options to landowners to offset
the adverse effects of projects to species covered by the
bank; whether it would provide adequate mitigation for
species through appropriate actions; and whether it would be
of sufficient size to ensure the maintenance of ecological
integrity in perpetuity. The proposal includes requirements
that must be contained in bank proposals that have been
accepted.
Finally, in order to ensure the enforceability of
agreements entered into under this section, the proposal
contains a provision authorizing any party to an agreement to
bring an action for violation of an agreement in the U.S.
District Court for the District of Columbia.

Title III--Promoting Partnerships

Title III of the proposal would provide mechanisms for
increasing the use of cooperative conservation by providing
the Secretary of the Interior with new authorities that will
assist the Department in promoting conservation partnerships
with private individuals, government entities, and
organizations, and provide the Department increased
flexibility in working with partners and the ability to
publicize partnership programs using appropriated funds.
In some cases, the provisions in Title III are intended to
clarify areas of law where general authority is believed to
exist within a particular bureau, but which would benefit

[[Page S13448]]

from clarification. In other cases, the provisions of this
title are intended to provide application of a particular
provision uniformly across the Department's land managing
bureaus.

SECTION 301. COOPERATION WITH OUTSIDE ENTITIES

Section 301 would authorize the Secretary or designated
bureau official to provide assistance to and cooperate with
any agency, organization, or private individual in order to
carry out measures that clearly and directly contribute to
achieving conservation or natural resource management-related
mission and performance goals of the Department and its
bureaus. The section would also authorize Departmental
bureaus to accept donations of land and interests in land
that further the purposes of this section. This language
is intended to provide to bureaus across the Department
authority similar to that provided to the Secretary in the
Fish and Wildlife Coordination Act.

SECTION 302. ABILITY TO EXPEND FUNDS TO BENEFIT DEPARTMENT LANDS.

Because it is not clear that all of the Department's
bureaus enjoy this authority, section 302 would authorize the
Secretary or his designee to carry out activities on non-
federal lands that directly benefit the resource values and
management of federal lands, such as the preservation,
conservation, and restoration of coastal and riparian
systems, watersheds, and wetlands; the prevention, control,
or eradication of invasive species that occupy adjacent non-
federal lands; or the restoration of natural resources,
including native wildlife habitat.
Activities authorized by this section could only be
conducted with the written consent of the landowner, and must
clearly and directly benefit the specific Departmental land
management unit by directly contributing to the programmatic
and performance goals of that unit. Eligible activities would
not include the construction of permanent capital
improvements or the acquisition of land.
Finally, in order to ensure that the specific language of
section 302 does not limit the application of the
Department's other grant-making and other landowner
assistance provisions authorized in title V of this Act, the
language of section 302 makes clear that nothing in this
section supersedes or otherwise affects or alters the
authority provided in that title.

SECTION 303. PUBLICIZING AND PROVIDING NON-FINANCIAL ASSISTANCE TO
PARTNERSHIPS.

In order to assist our partners and to provide clarity to
an issue that has caused confusion within the Department's
bureaus, section 303 would authorize the Secretary or his
designee to use appropriated funds to publicize partnership
programs and opportunities through publication of
announcements in newspapers of general circulation, in the
Federal Register, or such other appropriate methods. It would
also allow the Department to provide non-financial assistance
to private individuals who are establishing nonprofit groups
that are intended to support the mission of a Departmental
bureau or management unit of a bureau, such as a particular
park or refuge. For example, this provision would make it
clear that the National Park Service may provide meeting
space to individuals interested in establishing a ``friends
of the park'' group for a particular park unit.
The provision specifically would not allow a Department
employee to establish a not-for-profit or other entity to
support the Department's mission, and nothing in this section
would waive the application of the provision of the Anti-
Lobbying Act (18 U.S.C. 1913).

SECTION 304. CENTERS OF EXCELLENCE FOR PARTNERSHIP LEARNING.

Cooperative Conservation is critical to the Department's
ability to achieve its conservation goals on a landscape
scale and resolve environmental and natural resources
disputes. Consistent with President Bush's 2004 Executive
Order titled ``Facilitation of Cooperative Conservation,''
which directs federal agencies to implement laws relating to
the environment and natural resources in a manner that
promotes cooperative conservation, section 304 authorizes a
number of sites where federal employees and their partners,
including state and local government employees, non-profit
employees, private sector employees, and employees of Indian
tribes, could experience and learn from resident experts the
best practices involved in creating successful partnerships
and fostering collaboration.
For clarity, section 304 contains a definition of ``Center
of Excellence for Partnership Learning'' or ``Center,'' which
means a federal facility that is identified by the
appropriate Secretary as meeting criteria established under
this section and which provides federal employees and their
partners the opportunity to learn cooperative conservation-
related best practices.
Each site is authorized to develop a schedule of hosting
activities, which could include some combination of visits,
formal courses, detail opportunities, or job swaps at various
times throughout the year. To the maximum extent practicable,
spaces in the program would be filled on a first-come, first-
served basis. Section 304 includes criteria for identifying
sites that would serve as Centers of Excellence for
Partnership Learning, and allows each Center to receive
funding reimbursement for the cost of running the program.
Each Center would be authorized to cover travel and other
incidental expenses of federal employee participants.

SECTION 305. PARTNERSHIP ROSTER.

Section 305 authorizes the Secretaries of the Interior and
Agriculture to establish a multi-agency roster to enhance
capacity for partnership and collaborative action. The goal
of the Roster is to provide non-financial assistance and
information to government agencies, private sector
organizations, and the public on a variety of issues,
including authorities, agreements and contracts, creating and
managing non-profit support groups, diversifying and
strengthening agency funding, developing a partnership
workplace, building community connections, citizen
engagement, allowable avenues for donor recognition,
communications, conflict management, and collaborative
management.

Title IV--Cooperation Among Federal Agencies

SECTION 401. SERVICE FIRST AUTHORITY.

Section 401 provides permanent authorization for the
Service First Initiative, a multi-agency program jointly
implemented by the Departments of the Interior and the
Department of Agriculture's Forest Service. That program was
last authorized in the Department's FY 2006 Appropriations
legislation. Under this provision, the Secretary of the
Interior, acting through the Bureau of Land Management,
the National Park Service, and the U.S. Fish and Wildlife
Service, and the Secretary of Agriculture, acting through
the U.S. Forest Service, are authorized to conduct
projects, planning, permitting, leasing, contracting and
other activities, either jointly or on behalf of one
another; co-locate in federal offices and facilities owned
or leased by an agency of either Department; promulgate
special rules for issuance of unified permits,
applications, and leases; and share or transfer equipment,
vehicles, or other personal property.
The Secretaries may also make reciprocal delegations of
their respective authorities, duties and responsibilities in
support of the activities authorized in this section in order
to promote customer service and efficiency.

SEC. 402. USE OF FUNDS.

Section 402 provides a mechanism by which the Secretaries
may, in carrying out the provisions of this title, make
transfers of funds available and reimbursement of funds on an
annual basis among the Bureau of Land Management, the
National Park Service, the U.S. Fish and Wildlife Service,
and the U.S. Forest Service, including transfers and
reimbursements for multi-year projects that involve one or
more of those agencies. In so doing, however, the Secretaries
may not circumvent other requirements and limitations imposed
on the use of funds.

SEC. 403. CONSTRUCTION.

Section 403 clarifies that nothing in title IV is intended
to alter, expand or limit the applicability of any public law
or regulation to lands administered by the participating
agencies of either Department.

Title V--Cooperative Assistance

SECTION 501. FISH AND WILDLIFE SERVICE COASTAL PROGRAM.

The FWS's Coastal Program was created by administrative
action, rather than by statute, relying on a number of
authorities, including the Fish and Wildlife Coordination Act
(16 U.S.C. 661-667e), the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.), the Migratory Bird Treaty Act (16
U.S.C. 703 et seq.), and the Coastal Barriers Resources Act
(16 U.S.C. 3501 et seq.).
Section 501 would provide specific statutory authorization
for the Secretary of the Interior to carry out the Fish and
Wildlife Service Coastal Program within the FWS. Assistance
would be used by coastal program partners for, among other
things, conservation and restoration of important coastal
habitat that supports ``priority'' species, including
threatened and endangered species, fishery resources under
the Department's jurisdiction, and migratory birds.
To ensure that the programs carried out under this
authority are coordinated with other programs within the
Administration that benefit coastal areas, the section
contains a provision requiring that the Secretary, where
appropriate, coordinate with other interested federal
agencies on the program authorized under this section.

SECTION 502. COOPERATIVE CONSERVATION CHALLENGE COST-SHARE.

Section 502 authorizes the Secretary, through the U.S. Fish
and Wildlife Service, the Bureau of Land Management, or the
National Park Service, to negotiate and enter into
cooperative arrangements--partnerships--with state or local
governments, Indian tribes, public or private agencies,
organizations, institutions, corporations, individuals, or
other entities to carry out on a public-private cost sharing
basis on-the-ground conservation activities on public or
private lands. The language contains certain requirements for
projects carried out on private lands, and specifies that the
federal share for a project may not exceed 50 percent and
shall be provided on a matching basis. The non-federal share
for a project may be in the form of cash, services, or in-
kind contributions.
Finally, the language makes clear that nothing in this
section is intended to supersede, modify, or repeal existing
laws providing additional cost-share authorities to
Department bureaus.

[[Page S13449]]

SECTION 503. WATER MANAGEMENT IMPROVEMENT ACT.

Section 503 authorizes the Secretary to enter into grants
and cooperative agreements with states, tribes, irrigation
districts, water districts, or other organizations with water
delivery authority to fund up to 50 percent of the cost of
planning, designing, constructing, or otherwise implementing
improvements that will conserve water, increase water use
efficiency, facilitate water markets, enhance water
management, or implement other actions to prevent water-
related crises or conflicts in watersheds that have a nexus
to federal water projects within the states identified in the
Reclamation Act of 1902.
The purpose of this section is to give Reclamation
permanent authority for the competitive grants program that
is a central element of Reclamation's ``Water 2025'' program.
The program is intended to apply to watersheds containing or
receiving water from, or hydrologically impacted by, not only
Bureau of Reclamation projects, but other federal projects as
well, including but not limited to those of the U.S. Army
Corps of Engineers, the Environmental Protection Agency, and
the Department of Agriculture's Natural Resources
Conservation Service.
The authority may be used to promote partnership on any
action that would achieve the Water 2025 program goal of
preventing water-related crisis and conflict. Illustrative
examples include actions to enhance water management, such as
canal lining and piping, installation of measuring devices to
control water or water management technology such as
automation, or actions that improve riparian habitat. The
program aims to promote cooperation between the different
interests within a watershed. Recipients of Water 2025
awards are encouraged to enter into partnerships with
other entities, including governmental entities or
community organizations without water delivery authority,
so long as the recipient of the grant or cooperative
agreement is a state, tribe, irrigation district, water
district, or other organization with water delivery
authority. In instances where grant partners are states,
funds will be disbursed in conformance with the Cash
Management Improvement Act (P.L. 101-453 as amended by
P.L. 102-589).
Agreements entered into pursuant to this authority must
comply with the following criteria:
(1) Funding for improvements to federally-owned facilities
may be provided on a non-reimbursable basis to an entity
operating affected transferred works or may be deemed non-
reimbursable for non-transferred works. Language regarding
reimbursability is necessary to distinguish this authority
from some other Bureau of Reclamation authorities, which
often require that project beneficiaries reimburse the
federal government for its investment.
(2) Title to improvements made to federally-owned
facilities shall be held by the United States. This does not
preclude title to an entire project being transferred to non-
federal entities at a later date.
(3) Non-federal cost-share contributions can include the
value of any in-kind contributions, but may not include funds
from other federal agencies. In-kind contributions should
materially contribute to the completion of the proposed
action, and should be in compliance with Reclamation
standards regarding allowable contributions.
(4) The cost of operating and maintaining such improvements
shall be the responsibility of the non-federal entity. This
is consistent with existing practice for most Reclamation
facilities, where local project partners are responsible for
either reimbursing Reclamation for operating and maintaining
the facilities, or directly financing those activities
themselves.
(5) The United States shall not be held liable for monetary
damages arising out of any occurrence relating to non-
federally owned facilities created or improved under this
section, except for damages caused by acts of negligence.
It is intended that these provisions shall not supersede
any existing project-specific funding authority.
The Secretary is also authorized to enter into cooperative
agreements with universities, non-profit research
institutions, or organizations with water or power delivery
authority to fund research on ways to conserve water,
increase water use efficiency, or enhance water management
under such terms and conditions as the Secretary deems
appropriate. This provision is intended to provide
Reclamation broader authority to enter into cooperative
agreements on research that advances achievement of
Reclamation's core mission areas, and which is consistent
with the Administration's Research and Development criteria.
It is not intended to apply only to Reclamation's Water 2025
program, but to apply to all of Reclamation's research and
development efforts.
Grants or cooperative agreements made pursuant to this
section may be for the mutual benefit of the United States
and the other party, in contrast to agreements entered into
under provisions of the Federal Grant and Cooperative
Agreement Act of 1977, 31 U.S.C. Sec. Sec. 6304-6305, which
restrict the use of grant or cooperative agreements to
relationships in which the principal purpose is to benefit
the non-federal party.
The legislation provides for a $100 million authorization
of appropriations to carry out the section, to remain
available until expended.
Finally, the language makes clear that this section would
amend and supplement the Act of June 17, 1902, as amended and
supplemented.

SECTION 504. CONSULTATION WITH STATE PLANS.

Section 504 would require the Secretary, where appropriate,
to consult the State Comprehensive Conservation Plans
required under the State and Tribal Wildlife Grant Program
and coordinate with state fish and wildlife agencies in the
planning and implementation of the actions identified in
those plans in evaluating proposals for wildlife conservation
grants under programs administered by the Department.

Title VI--Conflict Resolution

SECTION 601. ALTERNATIVE DISPUTE RESOLUTION OFFICE.

Section 601 would establish in the Department the Office of
Collaborative Action and Dispute Resolution, which would be
responsible for promoting and advancing the use of
collaborative problem-solving and alternative dispute
resolution activities in all Departmental bureaus and
offices. The Office would be tasked with increasing the use
of early consensus building, alternative dispute resolution,
and negotiated rulemakings. The section authorizes such sums
as are necessary to carry out the program.

Title VII--Miscellaneous Provisions

In order to ensure clarity and flexibility in implementing
this Act, the bill contains a savings provision, which makes
clear that the provisions contained in this bill are not
intended to supersede any provision of state or federal law;
a severability provision, which will ensure the operation of
the Act if a particular provision is successfully challenged;
and a general authorization to promulgate any regulations
necessary to carry out the terms of the Act.
The Deputy Secretary

of the Interior,

Washington, DC, June 19, 2007.
Hon. Richard Cheney,
President of the Senate,
U.S. Senate,
Washington, DC.
Dear Mr. President: The Administration is pleased to
forward the enclosed draft legislation, title the
``Cooperative Conservation Enhancement Act,'' for your
consideration. The draft legislation is intended to advance
the Department of the Interior's successful model of
cooperative conservation in several ways. First, it will
ensure clear, but flexible statutory authority for programs
that are currently carried out by the Department but are
generally authorized under many disparate authorities.
Second, the bill seeks to expand the use of cooperative
conservation by providing the Secretary of the Interior with
new authorities that will assist the Department in promoting
conservation partnerships with private individuals,
companies, and organizations and government entities; promote
conservation partnership capacity building; and authorize the
use of collaborative problem solving and alternative dispute
resolution in the Department's bureaus and offices.
This draft legislation represents a major step forward for
the Department's cooperative conservation efforts. If
enacted, this new authority will reduce barriers to the use
of partnerships in meeting our resource management
obligations, and will enhance our collaborative efforts to
conserve and protect natural resources and the environment
for which the Department is responsible.
To assist you in your review of the draft legislation, we
have enclosed a section-by-section analysis for the proposed
bill. The Administration recommends that the draft bill be
sent to the appropriate committee for consideration and that
it be enacted.
The Office of Management and Budget has advised that there
is no objection to the submission of this proposal from the
standpoint of the Administration's program.
Sincerely,
P. Lynn Scarlett.
______

By Mr. STEVENS (for himself, Mr. Inouye, Ms. Murkowski, and Mr.
Akaka):
S. 2232. A bill to direct the Secretary of Commerce to establish a
demonstration program to adapt the lessons of providing foreign aid to
underdeveloped economies to the provision of Federal economic
development assistance to certain similarly situated individuals, and
for other purposes; to the Committee on Indian Affairs.
Mr. STEVENS. Mr. President, I am pleased to introduce the Foreign Aid
Lessons for Domestic Economic Assistance Act of 2007 to bring a fresh
approach to the vexing problem of stimulating Alaska Native, Native
Hawaiian and Lower-48 Indian Tribe economies to bring jobs, hope and
investment to these impoverished peoples.
Despite modest improvements in the economic and social well-being of
Alaska's native people, they continue to have extremely high rates of
unemployment and poverty, poor health, substandard housing, and the
related ills of alcohol and drug abuse.
Only 11 percent of American Indians and Alaska Natives hold a
bachelor's degree compared to 24 percent of the total population. The
poverty rate in

[[Page S13450]]

1999 was 25.7 percent for the American Indian and Alaska Native
population, compared to 12.4 percent of the total population.
Weak economies also contribute to poor health in native communities:
American Indian and Alaska Natives suffer from significantly higher
mortality rates compared to the general population. The death rate for
American Indians and Alaska Natives for tuberculosis is 600 percent
higher, 510 percent higher for alcoholism, 229 percent higher for motor
vehicle crashes, 189 percent higher for diabetes, 61 percent higher for
homicide and 62 percent higher for suicide. American Indian and Alaska
Native infants die at a rate of 8.5 per every 1,000 live births,
compared to 6.8 per 1,000 for all U.S. races.
Housing statistics are no better--12 percent of American Indian and
Alaska Native homes lack safe and adequate water supply and waste
disposal facilities compared to one percent of the U.S. general
population.
This is the profile of native communities in Alaska, and in the
lower-48 states as well, despite a vibrant cultural legacy and abundant
natural resources on and under their lands and in their waters. Many
native communities have marketable timber, huge reserves of coal,
natural gas, oil, fish and shellfish and other natural amenities.
At the same time, native economies are hobbled by geographic
remoteness, distance from markets and population centers, poor physical
infrastructure, and a lack of governmental transparency, contributing
to stagnating Native American economies.
Because native economies are often plagued by the same challenges as
the economies of the developing world, native economies are likely to
benefit from the application of proven models employed in international
development efforts, most notably the Millenium Challenge Act of 2003.
This initiative aims to foster those policies that are known to be
effective and in the process, reduce poverty and promote sustainable
economic growth in the host country. Typically, the activities that are
assisted are related to agriculture, irrigation, and related land
practices; physical infrastructure development to facilitate marketing
of goods and services; and a variety of health care programs.
Similarly, the objectives of the legislation I am introducing today
are just as straightforward: enhancing the long-term job creation and
revenue generation potential of Native economies by creating
investment-favorable climates and increasing Native productivity.
The Foreign Aid Lessons for Domestic Economic Assistance Act would
also authorize administering federal economic development assistance in
a novel manner to promote economic growth, eliminate poverty, and
strengthen good governance, entrepreneurship, and investment in native
communities.
A corollary, but equally important, objective is to improve the
effectiveness of existing Federal economic development assistance by
encouraging the integration and coordination of such assistance to
benefit Native economies. Accordingly, this legislation requires that
any assistance provided must be coordinated with other Federal economic
development assistance programs for Native Americans.
A critical component of the Foreign Aid Lessons for Domestic Economic
Assistance Demonstration is in its demand for accountability in the
performance of the Compact terms and use of financial resources. This
legislation requires that eligible entities submit to the Secretary of
Commerce written reports on an annual basis detailing activities
undertaken and progress made through assistance from this program.
Mr. President, I hope my colleagues will join me in supporting this
legislation.
______

By Mr. ROCKEFELLER:
S. 2236. A bill to title I of the Employee Retirement Income Security
Act of 1974, title XXVII of the Public Health Service Act, and the
Internal Revenue Code of 1986 to provide additional limitations on
preexisting condition exclusions in group health plans and health
insurance coverage in the group and individual markets; to the
Committee on Health, Education, Labor, and Pensions.
Mr. ROCKEFELLER. Mr. President, I rise today to introduce the Pre-
existing Condition Exclusion Patient Protection Act of 2007. This is a
critical bill for the tens of millions of individuals who suffer from
chronic, disabling, and life-threatening conditions, as it will ensure
that they have access to affordable, comprehensive, and meaningful
health insurance coverage despite ``pre-existing conditions.''
The Centers for Disease Control & Prevention estimates that fully
one-third of all Americans will have a chronic, disabling, and life-
threatening condition at some time during their lifetimes. In West
Virginia, that translates to approximately 600,000 of our neighbors who
will face these serious health problems. Far too often these are the
very people who find their health insurance coverage interrupted,
cancelled, or denied because of pre-existing condition limitations in
their health insurance policies.
That is why, over 10 years ago, Congress passed the Health Insurance
Portability and Accountability Act of 1996, HIPAA, P.L. 104-191, with
the objective of protecting Americans from interruptions in health
insurance coverage resulting from job changes or other life
transitions. HIPAA provides this protection by restricting when private
insurers can use pre-existing conditions to limit health care coverage.
HIPAA has been successful, and many individuals have come to rely on
its protections. However, after more than a decade, certain gaps in
HIPAA's protection have become apparent that hamper individuals' access
to care for which they could be covered, but for their pre-existing
conditions.
First, individuals who have been without health insurance coverage
for 63 days or more, risk becoming permanently uninsurable. This is
particularly true of individuals with pre-existing conditions, because
a 63-day gap in coverage eliminates any prior creditable coverage. If
an employee cannot demonstrate that he or she had prior creditable and
continuous coverage, an employer can exclude coverage for pre-existing
conditions for up to 12 months.
Second, employers can restrict coverage for pre-existing conditions
to otherwise qualified employees based on a 6-month ``look-back''
period. This means that an employer may use medical recommendations,
diagnoses, and treatments within the most recent 6 months to exclude
coverage as a ``pre-existing condition.'' This ``look-back'' period is
sufficiently long that it likely impacts all Americans with at least
one chronic illness, a category that includes a staggering one out of
every three Americans, according to the Centers for Disease Control.
Third, the protections offered to individuals moving into a group
health plan, or moving into the individual insurance market from a
group plan, are not available to individuals attempting to shop around
for policies within the individual market. As a result, individuals who
purchase policies in the non-group market and never have a gap in
coverage still have no protection against the pre-existing condition
exclusions that insurers may choose to impose.
The Pre-existing Condition Exclusion Patient Protection Act of 2007
takes significant steps to improve these weaknesses in the law, thereby
protecting patients who are currently at risk of being denied health
insurance coverage. To close the first gap in the law, the bill reduces
the timeframe during which an employer can exclude coverage for pre-
existing conditions from 12 months to three months. This would ensure
that more Americans have access to health insurance coverage;
furthermore, it is consistent with the requirements for ``state-
qualified plans'' under the Trade Adjustment Assistance Reform Act of
2002.
To close the second HIPAA gap, this legislation shrinks the permitted
``look-back'' period from 6 months to 30 days, which would result in a
decrease in the number of Americans who are unfairly denied health
coverage due to pre-existing conditions. Finally, the bill closes the
third gap by applying the same pre-existing condition protections
afforded to individuals in the group health insurance market under
HIPAA to individuals moving to, and within, the individual health
insurance market.
Passing this legislation would increase access to private health
insurance for the almost 94 million Americans who suffer from at least
one chronic illness. It also would ensure

[[Page S13451]]

that the 158 million individuals who are insured through employer-based
private plans and the more than 14 million individuals who are covered
by non-group, private plans would have far better protection when
changing jobs or their health care plans.
I am confident that with these actions, we can achieve a significant
improvement in the access of Americans to health insurance coverage.
For this reason, I urge my colleagues to advance progress toward this
important goal by supporting the Pre-existing Condition Exclusion
Patient Protection Act of 2007.
Mr. President, 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. 2236

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 ``Preexisting Condition
Exclusion Patient Protection Act of 2007''.

SEC. 2. AMENDMENTS RELATING TO PREEXISTING CONDITION
EXCLUSIONS UNDER GROUP HEALTH PLANS.

(a) Amendments to the Employee Retirement Income Security
Act of 1974.--
(1) Reduction in look-back period.--Section 701(a)(1) of
the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1181(a)(1)) is amended by striking ``6-month period''
and inserting ``30-day period''.
(2) Reduction in permitted preexisting condition limitation
period.--Section 701(a)(2) of such Act (29 U.S.C. 1181(a)(2))
is amended by striking ``12 months'' and inserting ``3
months'', and by striking ``18 months'' and inserting ``9
months''.
(b) Amendments to the Public Health Service Act.--
(1) Reduction in look-back period.--Section 2701(a)(1) of
the Public Health Service Act (42 U.S.C. 300gg(a)(1)) is
amended by striking ``6-month period'' and inserting ``30-day
period''.
(2) Reduction in permitted preexisting condition limitation
period.--Section 2701(a)(2) of such Act (42 U.S.C.
300gg(a)(2)) is amended by striking ``12 months'' and
inserting ``3 months'', and by striking ``18 months'' and
inserting ``9 months''.
(c) Amendments to the Internal Revenue Code of 1986.--
(1) Reduction in look-back period.--Paragraph (1) of
section 9801(a) of the Internal Revenue Code of 1986
(relating to limitation on preexisting condition exclusion
period and crediting for periods of previous coverage) is
amended by striking ``6-month period'' and inserting ``30-day
period''.
(2) Reduction in permitted preexisting condition limitation
period.--Paragraph (2) of section 9801(a) of such Code is
amended by striking ``12 months'' and inserting ``3 months'',
and by striking ``18 months'' and inserting ``9 months''.
(d) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply with respect to
group health plans for plan years beginning after the end of
the 12th calendar month following the date of the enactment
of this Act.
(2) Special rule for collective bargaining agreements.--In
the case of a group health plan maintained pursuant to one or
more collective bargaining agreements between employee
representatives and one or more employers ratified before the
date of the enactment of this Act, the amendments made by
this section shall not apply to plan years beginning before
the earlier of--
(A) the date on which the last of the collective bargaining
agreements relating to the plan terminates (determined
without regard to any extension thereof agreed to after the
date of the enactment of this Act), or
(B) 3 years after the date of the enactment of this Act.

For purposes of subparagraph (A), any plan amendment made
pursuant to a collective bargaining agreement relating to the
plan which amends the plan solely to conform to any
requirement added by the amendments made by this section
shall not be treated as a termination of such collective
bargaining agreement.

SEC. 3. AMENDMENTS RELATING TO PREEXISTING CONDITION
EXCLUSIONS IN HEALTH INSURANCE COVERAGE IN THE
INDIVIDUAL MARKET.

(a) Applicability of Group Health Insurance Limitations on
Imposition of Preexisting Condition Exclusions.--
(1) In general.--Section 2741 of the Public Health Service
Act (42 U.S.C. 300gg-41) is amended--
(A) by redesignating the second subsection (e) (relating to
market requirements) and subsection (f) as subsections (f)
and (g), respectively; and
(B) by adding at the end the following new subsection:
``(h) Application of Group Health Insurance Limitations on
Imposition of Preexisting Condition Exclusions.--
``(1) In general.--Subject to paragraph (2), a health
insurance issuer that provides individual health insurance
coverage may not impose a preexisting condition exclusion (as
defined in subsection (b)(1)(A) of section 2701) with respect
to such coverage except to the extent that such exclusion
could be imposed consistent with such section if such
coverage were group health insurance coverage.
``(2) Limitation.--In the case of an individual who--
``(A) is enrolled in individual health insurance coverage;
``(B) during the period of such enrollment has a condition
for which no medical advice, diagnosis, care, or treatment
had been recommended or received as of the enrollment date;
and
``(C) seeks to enroll under other individual health
insurance coverage which provides benefits different from
those provided under the coverage referred to in subparagraph
(A) with respect to such condition,

the issuer of the individual health insurance coverage
described in subparagraph (C) may impose a preexisting
condition exclusion with respect to such condition and any
benefits in addition to those provided under the coverage
referred to in subparagraph (A), but such exclusion may not
extend for a period of more than 3 months.''.
(2) Elimination of cobra requirement.--Subsection (b) of
such section is amended--
(A) by adding ``and'' at the end of paragraph (2);
(B) by striking the semicolon at the end of paragraph (3)
and inserting a period; and
(C) by striking paragraphs (4) and (5).
(3) Conforming amendment.--Section 2744(a)(1) of such Act
(42 U.S.C. 300gg-44(a)(1)) is amended by inserting ``(other
than subsection (h))'' after ``section 2741''.
(b) Effective Date.--The amendments made by this section
shall apply with respect to health insurance coverage
offered, sold, issued, renewed, in effect, or operated in the
individual market after the end of the 12th calendar month
following the date of the enactment of this Act.
______

By Mr. BIDEN:
S. 2237. A bill to fight crime; to the Committee on the Judiciary.
Mr. BIDEN. Mr. President. I rise to mark the introduction of the 2007
Biden Crime Bill because a perfect storm is gathering with respect to
crime in America, and we need bold action to get us back on track.
Before I discuss the specifics of my legislation, I want to talk to
you about what is feeding this perfect storm. Since 2001, Federal
funding for local law enforcement has been slashed by billions of
dollars--from about $2,1 billion per year in the nineties to a proposed
level of $32 million in 2007. The COPS hiring program has been
eliminated completely.
At the same time, President Bush has reassigned more than 1,000 FBI
agents from fighting crime to combating terrorism. Certainly, this was
necessary, but he has not replaced them. A bitter irony results--we
have improved our ability to fight international terrorism, but left
our communities here at home less safe from the threat of murderers,
rapists, and drug kingpins.
This is the perfect storm: asking local law enforcement to do much
more for a growing population while giving them much less--less Federal
funding and fewer Federal agents with whom to partner. As a result,
local law enforcement has had to give up crime prevention practices,
like community policing, in order to stay on top of rising demand. They
are doing their level best, but they need more help.
Early stages of the storm are upon us. The FBI's Uniform Crime
Reports show a rise in violent crime and murder for the second straight
year. This hasn't happened since 1994. Last year, crime rose at the
highest rate it had in 15 years and this year we add another 1.9
percent increase.
The Police Executive Research Forum reports that the homicide rate
rose more than 10 percent in metropolitan areas around the country,
like Baltimore, Boston, Charlotte, Cincinnati, Kansas City,
and Philadphia. Don't believe the statistics? Just ask your local cops.
They will tell you they are seeing more crimes with a higher level of
violence.

Back in the nineties we faced a similar crime crisis. In 1994,
Congress passed the Crime Bill, and it transformed the Federal approach
to fighting crime. It used a three-part system: invest in prevention
programs, dedicate Federal support to community-oriented policing, and
ensure that offenders serve tough-but-fair prison sentences. It worked.
Crime dropped for eight consecutive years. Violent crime and murder
rates dropped more than 30 percent
The bill I introduced today is the most comprehensive crime bill in
more than a decade and it builds on the successful approach of the 1994
Crime Bill.

[[Page S13452]]

It invests more than $6 billion in tried and true prevention programs
that recognize that the first step to fighting crime is protecting kids
from neglect and abuse and providing them with a stable family,
positive early education, and someplace safe and constructive to spend
the critical after-school hours.
My bill reauthorizes the COPS program and provides $1.15 billion per
year to hire, equip, and train 50,000 new police officers, and hire
additional local prosecutors. Study after study has demonstrated the
effectiveness of the COPS program, and every major law enforcement
agency in the country supports it. It is high time we started funding
it again.
In addition, the bill provides funds to hire an additional 1,000 FBI
agents dedicated to fighting crime and an additional 500 DEA agents
dedicated to dismantling drug trafficking organizations. The Federal
Government cannot make the trade-off between fighting crime and
terrorism--we owe it to our citizens to do both.
The bill invests more than $1 billion in preventing recidivism by
ensuring that when prisoners are released into society, they have the
vocational training, the drug treatment, and the housing they need to
reintegrate as law-abiding, productive members. Currently, over 650,000
ex-offenders are released from Federal and State prisons each year.
Within 3 years of release, two thirds will commit another crime. That
is hundreds of thousands of crimes each year, and we need to bring that
number down.

Finally, the bill addresses developments in crime fighting and in
criminal trade craft. Mr. President, 13 years ago, online sexual
predators, Internet copyright infringement, and computer hacking were
virtually unknown. Today they are common crimes with real victims. This
bill ensures that law enforcement has the resources and legal tools it
needs to prevent, investigate, and prosecute such crimes.
The bottom line is that fighting crime is like cutting grass--you
stop mowing the lawn and one day you'll look outside and see a real
mess. We can't ignore crime and hope it goes away. We've made that
mistake over the last 6 years, and our communities are paying the
price.
We have to get back to cutting the grass. This legislation takes a
comprehensive approach once again to fighting crime. It renews our
financial commitment to rebuilding law enforcement capabilities at the
Federal, State, and local level. It is a significant step toward making
good on one of Congress's most sacred duties to our citizens protecting
them from crime and fostering safe communities. I urge my colleagues to
support this bill.
______

By Mr. BINGAMAN (for himself and Mr. Hatch):
S. 2239. A bill to amend the Internal Revenue Code of 1986 to allow
self-employed individuals to deduct health insurance costs in computing
self-employment taxes; to the Committee on Finance.
Mr. BINGAMAN. Mr. President, today I, along with Senator Hatch, am
re-introducing the Equity for Our Nation's Self-Employed Act of 2007.
This important legislation corrects an inequity that currently exists
in our tax code that forces the self-employed to pay payroll taxes on
the funds used to pay for their health insurance while larger
businesses do not. Because of this inequity, health insurance is more
expensive for the self-employed. At a time when the number of people
uninsured is growing at an alarming rate, we need to find ways to
reduce the cost of health insurance. This legislation is a first
logical step.
Under current law, corporations and other business entities are able
to deduct health insurance premiums as a business expense and to forego
payroll taxes on these costs. However, sole-proprietors are not allowed
this same deduction and thus, are required to pay self-employment tax,
their payroll tax, on health insurance premiums. The self-employed are
the only segment of the business population that are additionally taxed
on health insurance. The legislation we are introducing today would
stop this inequitable tax treatment and allow sole proprietors to
deduct the amount they pay for health insurance from their calculation
of payroll taxes, leveling the playing field for the over 20 million
self-employed in our Nation.
This problem affects all self-employed who provide health insurance
to their families. According to the IRS, there are almost 130,000 sole-
proprietors in New Mexico. While we do not know how many of these
people in New Mexico have health insurance, we do know that roughly 3.8
million working families in the U.S. paid self-employment tax on their
health insurance premiums. Estimates indicate that roughly 60 percent
of our Nation's uninsured are either self-employed or work for a small
business. According to the Kaiser Family Foundation, self-employed
workers spent upwards of $12,000 per year in 2006 to provide health
insurance for their family. Because they cannot deduct this as an
ordinary business expense, those that spend this amount will pay a 15.3
percent payroll tax on their premiums, resulting in over $1,800 of
taxes annually.
This problem was identified by the National Taxpayer Advocate in
several of her annual reports to Congress and our legislation to
correct it is supported by over 40 national and State organizations
including the National Association for the Self-Employed, the National
Small Business Association, the National Federation of Independent
Business, National Association of Realtors, the U.S. Chamber of
Commerce, and the U.S. Hispanic Chamber of Commerce.
I look forward to working with my colleagues to get this important
legislation passed.
______

By Mr. CARPER (for himself and Ms. Collins):
S. 2240. A bill to prohibit termination of employment of volunteer
firefighters and emergency medical personnel responding to emergencies,
and for other purposes; to the Committee on Health, Education, Labor,
and Pensions.
Mr. CARPER. Mr. President, I rise today with my mend from Maine to
introduce the Volunteer Firefighter and EMS Personnel Job Protection
Act.
Current law offers volunteer firefighters and emergency medical
services personnel no protection against punishment by their employers
should they miss work when called on to respond to a national
emergency. This means that firefighters or EMS personnel volunteering
their time, even during major disasters like 9/11, Hurricane Katrina,
or even the current wildfires in California, can be disciplined or even
fired for putting their lives at risk to save others.
We put forward this legislation today out of concern that volunteers
faced with the prospect of losing their jobs and not responding to a
call will choose the latter. Its passage would protect volunteers from
having to make that choice when the call is to a Presidentially-
declared disaster or emergency.
In order to receive the protections offered under the bill, a first
responder would need to provide reasonable notice to their employer
before missing time and would need to provide regular updates during
the course of their absence. The bill also allows volunteer
firefighters or EMS personnel to take legal action against businesses
that fire or discipline an individual who gives appropriate notice
before missing work due to a legitimate emergency situation.
In order to prevent abuse, the bill places a 14-day limit on the
amount of time volunteer firefighters or EMS workers could take off
from their jobs before being subject to disciplinary action. The bill
also does not require employers to compensate volunteers for time away
from work.
Communities across the country depend on volunteer firefighters and
EMS personnel to respond to major disasters. My State is among them. In
fact, most communities in Delaware rely almost exclusively on the work
and sacrifice of volunteers to protect their citizens from fires to
major disasters. This bill seeks to ensure that Delawareans can
continue to rely on them.
Mr. President, 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. 2240

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 ``Volunteer Firefighter and
EMS Personnel Job Protection Act''.

[[Page S13453]]

SEC. 2. DEFINITIONS.

In this Act:
(1) Emergency.--The term ``emergency'' has the meaning
given such term in section 102 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5122).
(2) Major disaster.--The term ``major disaster'' has the
meanings given such term in section 102 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5122).
(3) Qualified volunteer fire department.--The term
``qualified volunteer fire department'' has the meaning given
such term in section 150(e) of the Internal Revenue Code of
1986.
(4) Volunteer emergency medical services.--The term
``volunteer emergency medical services'' means emergency
medical services performed on a voluntary basis for a fire
department or other emergency organization.
(5) Volunteer firefighter.--The term ``volunteer
firefighter'' means an individual who is a member in good
standing of a qualified volunteer fire department.

SEC. 3. TERMINATION OF EMPLOYMENT OF VOLUNTEER FIREFIGHTERS
AND EMERGENCY MEDICAL PERSONNEL PROHIBITED.

(a) Termination Prohibited.--No employee may be terminated,
demoted, or in any other manner discriminated against in the
terms and conditions of employment because such employee is
absent from or late to the employee's employment for the
purpose of serving as a volunteer firefighter or providing
volunteer emergency medical services as part of a response to
an emergency or major disaster.
(b) Deployment.--The prohibition in subsection (a) shall
apply to an employee serving as a volunteer firefighter or
providing volunteer emergency medical services if such
employee--
(1) is specifically deployed to respond to the emergency or
major disaster in accordance with a coordinated national
deployment system such as the Emergency Management Assistance
Compact or a pre-existing mutual aid agreement; or
(2) is a volunteer firefighter who--
(A) is a member of a qualified volunteer fire department
that is located in the State in which the emergency or major
disaster occurred;
(B) is not a member of a qualified fire department that has
a mutual aid agreement with a community affected by such
emergency or major disaster; and
(C) has been deployed by the emergency management agency of
such State to respond to such emergency or major disaster.
(c) Limitations.--The prohibition in subsection (a) shall
not apply to an employee who--
(1) is absent from the employee's employment for the
purpose described in subsection (a) for more than 14 days per
calendar year;
(2) responds on the emergency or major disaster without
being officially deployed as described in subsection (b); or
(3) fails to provide the written verification described in
subsection (e) within a reasonable period of time.
(d) Withholding of Pay.--An employer may reduce an
employee's regular pay for any time that the employee is
absent from the employee's employment for the purpose
described in subsection (a).
(e) Verification.--An employer may require an employee to
provide a written verification from the official of the
Federal Emergency Management Agency supervising the Federal
response to the emergency or major disaster or a local or
State official managing the local or State response to the
emergency or major disaster that states--
(1) the employee responded to the emergency or major
disaster in an official capacity; and
(2) the schedule and dates of the employee's participation
in such response.
(f) Reasonable Notice Required.--An employee who may be
absent from or late to the employee's employment for the
purpose described in subsection (a) shall--
(1) make a reasonable effort to notify the employee's
employer of such absence; and
(2) continue to provide reasonable notifications over the
course of such absence.

SEC. 4. RIGHT OF ACTION.

(a) Right of Action.--An individual who has been
terminated, demoted, or in any other manner discriminated
against in the terms and conditions of employment in
violation of the prohibition described in section 3 may
bring, in a district court of the United States of
appropriate jurisdiction, a civil action against individual's
employer seeking--
(1) reinstatement of the individual's former employment;
(2) payment of back wages;
(3) reinstatement of fringe benefits; and
(4) if the employment granted seniority rights,
reinstatement of seniority rights.
(b) Limitation.--The individual shall commence a civil
action under this section not later than 1 year after the
date of the violation of the prohibition described in section
3.

SEC. 5. STUDY AND REPORT.

(a) Study.--The Secretary of Labor shall conduct a study on
the impact that this Act could have on the employers of
volunteer firefighters or individuals who provide volunteer
emergency medical services and who may be called on to
respond to an emergency or major disaster.
(b) Report.--Not later than 12 months after the date of the
enactment of this Act, the Secretary of Labor shall submit to
the appropriate congressional committees a report on the
study conducted under subsection (a).
(c) Appropriate Congressional Committees.--In this section,
the term ``appropriate congressional committees'' means the
Committee on Health, Education, Labor, and Pensions and the
Committee on Small Business and Entrepreneurship of the
Senate and the Committee on Education and the Workforce and
the Committee on Small Business of the House of
Representatives.

Ms. COLLINS. Mr. President. I rise to offer my wholehearted support
for the bill offered by the distinguished Senator from Delaware to
provide some reasonable measure of job protection for the volunteer
firefighters and emergency medical personnel who save thousands of
lives across this country every year.
This bill is a matter of simple fairness. It recognizes that
volunteer firefighters and emergency medical personnel not only serve
their own towns and offer mutual assistance to other communities on a
day-to-day basis, but also that they are a key component in state and
federal plans for responding to catastrophic natural disasters and
terrorist attacks.
Across the Nation, our emergency planning relies on the ready
availability of these brave first responders. Indeed, volunteers are
absolutely critical to mounting a response to disasters, both large and
small. My home state of Maine, for example, has slightly more than
10,000 firefighters in 492 departments. Because Maine is a mostly rural
State, fully 88 percent of those firefighters are volunteers.
Yet, even if they are called up in a major disaster or a
Presidentially declared emergency under the Stafford Act, these
volunteers have no official protection for their jobs while they are
answering the call to duty.
We should protect volunteer firefighters and EMS personnel who put
their lives on the line.
The current lack of job protection is dangerous. If large numbers of
volunteer firefighters and EMS personnel were terminated or demoted
after being called away to a disaster or a series of disasters,
recruitment and retention of volunteers could be devastated.
The Volunteer Firefighter and EMS Personnel Job Protection Act would
correct the injustice and mitigate the danger in a measured and
responsible way. It would protect the volunteer first responders
against termination or demotion by employers if they are called upon to
respond to a Presidentially declared emergency or a major disaster for
up to 14 workdays.
The bill imposes no unreasonable burdens on employers. They are not
obliged to pay the volunteers during their absence, and they are
entitled to receive official documentation that an absent employee was
in fact summoned to and served in a disaster response.
Finally, I would note that the bill would facilitate the work of
emergency managers. Having this job protection in force would allow
them to make operational and contingency plans with greater confidence,
knowing that volunteer responders would not be forced to withdraw in
short order for fear of losing their jobs.
The Volunteer Firefighter and EMS Personnel Job Protection Act is a
straightforward matter of simple justice and sound policy. By extending
some protection to these brave men and women, we can strengthen the
protection and life-saving response that they provide to many millions
of Americans. I believe this bill merits the support of every Senator,
and I am proud to be an original co-sponsor.
______

By Mr. ALLARD (for himself and Mr. Salazar):
S. 2241. A bill to provide consistent enforcement authority to the
Bureau of Land Management, the National Park Service, the United States
Fish and Wildlife Service, and the Forest Service to respond to
violations of regulations regarding the management, use, and protection
of public land under the jurisdiction of those agencies, and for other
purposes; to the Committee on Energy and Natural Resources.
Mr. ALLARD. Mr. President, I have just introduced a piece of
legislation called the Public Land Fire Regulation Enforcement Act. I
wish to spend a moment talking about that.
Mother Nature possesses a beauty like no other; this beauty sometimes

[[Page S13454]]

allows us to forget the ferocious might that she can bring to bear. The
tragic fires in California provide an all too real reminder of this.
My thoughts and prayers are with folks in California, because it was
not so long ago that Colorado fund itself in a similar situation. Each
year people out West live with the constant and growing threat of
wildfire. In 2002, nearly 400,000 acres burned. Then Governor Bill
Owens said that ``all of Colorado is burning''.
Unfortunately, some folks--through ignorance, carelessness, or
malice--ignore Federal guidelines and start fires during high risk
times. In order to deter this action and provide an added measure of
security Senator Salazar and I are introducing the Public Land Fire
Regulations Enforcement Act. This bill will strengthen current law by
increasing the penalties for individuals who disregard public safety
and start fires during restricted times. It increases possible fines
and doubles the maximum time violators could spend in jail.
I hope that the fires burning in California are contained soon and
that the damage is minimized as much as possible. I also hope that the
legislation I introduce today will help prevent future catastrophic
fires from being started.
____

By Mr. SPECTER (for himself and Mr. Wyden):
S. 2243. A bill to strongly encourage the Government of Saudi Arabia
to end its support for institutions that fund, train, incite,
encourage, or in any other way aid and abet terrorism, to secure full
Saudi cooperation in the investigation of terrorist incidents, to
denounce Saudi sponsorship of extremist Wahhabi ideology, and for other
purposes; to the Committee on Foreign Relations.
Mr. SPECTER. Mr. President. I have sought recognition to offer
legislation to encourage Saudi Arabia to halt its support for
institutions that fund, train, incite, encourage, or in any other way
aid and abet terrorism, and to secure full Saudi cooperation in the
investigation of terrorist incidents.
I offer this bill on behalf of myself and Senator Wyden.
Since the attacks of September 11, 2001, evidence has emerged
indicating that support for al-Qaeda, Ramas, and other organizations
has come from Saudi Arabia.
Testimony presented to several Congressional committees, including
the Senate Governmental Affairs Committee, Judiciary Committee, and
Intelligence committees in both houses, has indicated that Saudi Arabia
is an epicenter for terrorist financing. These committees have also
found the Saudi government's cooperation in investigations into the al-
Qaeda terrorist network has been lackluster.
In the 108 Congress, as a member of the Governmental Affairs
Committee and as a member of the Judiciary Committee, we worked to
establish a basic point that anybody who knowingly contributes to a
terrorist organization is an accessory before the fact to murder; so
when people contribute to al-Qaeda or Hamas, knowing that both
organizations employ suicide bombers, they are accessories to murder.
United Nations Security Council Resolution 1373, adopted in 2001,
mandates that all States ``refrain from providing any form of support,
active or passive, to entities or persons involved in terrorist acts,''
take ``the necessary steps to prevent the commission of terrorist
acts,'' and ``deny safe haven to those who finance, plan, support, or
commit terrorist acts.'' There is mounting evidence that Saudi Arabia
has not been compliant with this resolution.
The 9/11 Commission interviewed numerous military officers and
government officials who repeatedly listed Saudi Arabia as a prime
place for terrorists to set up bases and found that ``Saudi Arabia's
society was a place where al-Qaeda raised money directly from
individuals through charities.''
The Council on Foreign Relations concluded in a 2002 report that
``for years, individuals and charities based in Saudi Arabia have been
the most important source of funds for al-Qaeda, and for years, Saudi
officials have turned a blind eye.''
There are indications that, since the May 12, 2003, suicide bombings
in Riyadh, the Government of Saudi Arabia is making a more serious
effort to combat terrorism. That said, I would like to draw attention
to the following findings recanted by organizations which have studied
the record of the Saudis.
In a June 2004 report entitled ``Update on the Global Campaign
Against Terrorist Financing,'' the Council on Foreign Relations
reported that ``we find it regrettable and unacceptable that since
September 11, 2001, we know of not a single Saudi donor of funds to
terrorist groups who have been publicly punished.''
A joint committee of the Select Committee on Intelligence of the
Senate and the Permanent Select Committee on Intelligence of the House
of Representatives issued a report on July 24, 2003, that quotes
various U.S. Government personnel who complained that the Saudis
refused to cooperate in the investigation of Osama bin Laden and his
network both before and after the September 11, 2001, terrorist
attacks.
My frustration with the Saudi government's lack of cooperation in
international counterterrorism efforts goes back more than a decade.
After the Khobar Towers were bombed in 1996--an attack which cost 19
American airmen their lives and injured 400 more--I traveled to
Dhahran, Saudi Arabia to see the carnage firsthand. When I arrived,
U.S. investigators were being denied the opportunity to interview the
suspects apprehended by the Saudis. I personally met with Crown Prince
Abdullah of Saudi Arabia to request that the FBI be granted access to
the prisoners. Crown Prince Abdullah said that the U.S. should not
meddle in Saudi internal affairs; the murder of 19 airmen and the
wounding of 400 more hardly qualifies as a Saudi internal affair.
The Saudi government continues to drag its feet when it comes to
cooperation in combating terrorism. The Iraq Study Group stated that
Saudi Arabia has been ``passive and disengaged'' with regard to the
situation in Iraq. Passive and disengaged is unacceptable when Saudi
institutions are funding, training, inciting, and encouraging many
terrorist actions in Iraq.
On October 23, 2007, Crown Prince Sultan bin Abdulaziz stated, ``The
Kingdom is determined to continue its policy of fighting all forms of
terrorism.''
According to a July 27, 2007, New York Times article, ``Of an
estimated 60 to 80 foreign fighters who enter Iraq each month, American
military and intelligence officials say that nearly half are coming
from Saudi Arabia and that the Saudis have not done enough to stem the
flow.''
On October 23, 2007, Crown Prince Sultan bin Abdulaziz stated,
``Saudi Arabia's view is that dealing with the phenomenon of terrorism
should not be confined to the mere security aspect of it but it should
also be at the intellectual level.''
The Center for Religious Freedom, formerly affiliated with Freedom
House, in a 2006 report entitled ``Saudi Arabia's Curriculum of
Intolerience,'' stated that despite 2005 statements by the Saudi
Foreign Minister that their educational curricula have been reformed,
this is ``simply not the case.'' On the contrary, religious textbooks
continue to advocate the destruction of any non-Wahhabi Muslim. Saudi
Arabia has established Wahhabism, an extreme form of Islam, as the
official state doctrine, and about 5,000,000 children are instructed
each year in Islamic studies using Saudi Ministry of Education
textbooks.
A fall 2007 report by the U.S. Commission on International Religious
Freedom stated that, ``Due to insufficient information provided by the
Saudi government, the Commission could not verify that a formal
mechanism exists within the Saudi government to review thoroughly and
revise educational texts and other materials sent outside of Saudi
Arabia. It appears that the Saudi government has made little or no
progress on efforts to halt the exportation of extremist ideology
outside the Kingdom.'' It is important to note that fifteen of the
nineteen 9/11 hijackers were Saudis.
In my judgment, the U.S. has been lenient with the Saudis out of
deference to Saudi oil. It is really an open scandal that we have not
taken action to secure some independence from our reliance on Saudi
oil. A September 2005 Government Accountability Office report stated
that, ``Saudi Arabia's multibillion-dollar petroleum industry, although
largely owned by the government, has fostered the creation of large

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private fortunes, enabling many wealthy Saudis to sponsor charities and
educational foundations whose operations extend to many countries. U.S.
Government and other expert reports have linked some Saudi donations to
the global propagation of religious intolerance, hatred of Western
values, and support of terrorist activities.''
The 9/11 Commission recommended that the problems in our bilateral
relationship with Saudi Arabia must be confronted openly--this
legislation takes a step in that direction.
The legislation expresses the sense of Congress that the Government
of Saudi Arabia must immediately and unconditionally: 1. permanently
close all organizations in Saudi Arabia that fund, train, incite,
encourage, or in any way aid and abet terrorism anywhere in the World;
2. end all funding for offshore terrorist organizations; 3. block all
funding from private Saudi citizens and entities to Saudi-based or
offshore terror organizations, and 4. provide complete, unrestricted,
and unobstructed cooperation to the U.S. in the investigation of terror
groups and individuals.
The President should certify to Congress when the Government of Saudi
Arabia is fully cooperating with the U.S. in the actions listed above.
Two major objectives in the Global War on Terrorism are to deny
terrorists safe haven and to eradicate the sources of terrorist
financing. We cannot be successful in this war by ignoring the problem
Saudi Arabia presents to our security. The government of Saudi Arabia
can no longer remain idle while its citizenry continues to provide the
wherewithal for terrorist groups with global reach nor can it continue
to directly facilitate and support institutions that incite violence.
President Bush stated that the U.S. ``will challenge the enemies of
reform, confront the allies of terror, and expect a higher standard
from our friends.'' To be successful in the global war on terrorism we
need the proactive and full cooperation of all nations--especially
those who consider themselves allies of the U.S.
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. 2243

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 ``Saudi Arabia Accountability
Act of 2007''.

SEC. 2. FINDINGS.

Congress makes the following findings:
(1) United Nations Security Council Resolution 1373 (2001)
mandates that all states ``refrain from providing any form of
support, active or passive, to entities or persons involved
in terrorist acts'', take ``the necessary steps to prevent
the commission of terrorist acts'', and ``deny safe haven to
those who finance, plan, support, or commit terrorist acts''.
(2) In 2004, the Council on Foreign Relations reported that
it knew of ``not a single Saudi donor of funds to terrorist
groups who has been publicly punished''.
(3) In his July 2005 testimony to the Committee on Banking,
Housing, and Urban Affairs of the Senate, Stewart Levey, the
Undersecretary for the Office of Terrorism and Financing
Intelligence of the Department of the Treasury, reported that
``even today, we believe that Saudi donors may still be a
significant source of terrorist financing, including for the
insurgency in Iraq''. He added that Saudi financiers and
charities ``remain a key source for the promotion of
ideologies used by terrorists and violent extremists''.
(4) According to a July 27, 2007 New York Times article,
``Of an estimated 60 to 80 foreign fighters who enter Iraq
each month, American military and intelligence officials say
that nearly half are coming from Saudi Arabia and that the
Saudis have not done enough to stem the flow.''.
(5) According to a July 15, 2007 Los Angeles Times article,
``About 45% of all foreign militants targeting U.S. troops
and Iraqi civilians and security forces are from Saudi Arabia
. . . according to official U.S. military figures made
available to The Times by the senior officer. Nearly half of
the 135 foreigners in U.S. detention facilities in Iraq are
Saudis, he said. Fighters from Saudi Arabia are thought to
have carried out more suicide bombings than those of any
other nationality, said the senior U.S. officer, who spoke on
condition of anonymity because of the subject's
sensitivity.''.
(6) The Center for Religious Freedom, formerly affiliated
with Freedom House, in a 2006 report entitled ``Saudi
Arabia's Curriculum of Intolerance'', stated that despite
2005 statements by the Saudi Foreign Minister that their
educational curricula have been reformed, this is ``simply
not the case''. Contrarily, religious textbooks continue to
advocate the destruction of any non-Wahhabi Muslim. Saudi
Arabia has established Wahhabism, an extreme form of Islam,
as the official state doctrine, and about 5,000,000 children
are instructed each year in Islamic studies using Saudi
Ministry of Education textbooks.
(7) A Fall 2007 United States Commission on International
Religious Freedom report stated ``Due to insufficient
information provided by the Saudi government, the Commission
could not verify that a formal mechanism exists within the
Saudi government to review thoroughly and revise educational
texts and other materials sent outside of Saudi Arabia. It
appears that the Saudi government has made little or no
progress on efforts to halt the exportation of extremist
ideology outside the Kingdom.''.
(8) A September 2005 Government Accountability Office
report stated that ``Saudi Arabia's multibillion-dollar
petroleum industry, although largely owned by the government,
has fostered the creation of large private fortunes, enabling
many wealthy Saudis to sponsor charities and educational
foundations whose operations extend to many countries. United
States Government and other expert reports have linked some
Saudi donations to the global propagation of religious
intolerance, hatred of Western values, and support of
terrorist activities''.
(9) A June 2004 press release on the website of the Saudi
embassy, www.saudiembassy.net, discussed the creation of the
Saudi National Commission for Relief and Charity Work Abroad,
a nongovernmental body designed to ``take over all aspects of
private overseas aid operations and assume responsibility for
the distribution of private charitable donations from Saudi
Arabia'' in order to ``guard against money laundering and the
financing of terrorism''. As of late 2007, this Commission
had not been created.
(10) In a February 2006 open Senate Select Committee on
Intelligence hearing on the ``World Wide Threat'', former
Director of National Intelligence and current Deputy
Secretary of State John Negroponte, stated that ``there are
private Saudi citizens who still engage in these kinds of
donations [in which money is transferred back door to
terrorists]''.
(11) A March 2005 report by the Congressional Research
Service stated that at least 5 persons listed as
beneficiaries of the Saudi Committee for the Support of the
Al Quds Intifada were suspected suicide bombers.
(12) During November 8, 2005 testimony on Saudi Arabia
before the Subcommittee on Terrorism, Technology, and
Homeland Security of the Committee on the Judiciary of the
Senate, Steve Emerson, terrorism expert and Executive
Director of the Investigative Project on Terrorism, stated
that despite repeated declarations by Saudi officials that
there has been substantial reform in education, progress
against terrorism, and movement toward transparency, a review
of other Saudi announcements shows that they have either
specifically failed to follow through or cannot be proven to
have followed through on their pledges. He also noted that
the Saudi government established the Saudi Committee for the
Support of the Al Quds Intifada, which was proven to provide
aid to Palestinian terrorist groups. During an Israeli raid
on a Hamas institution, they discovered a spreadsheet from
the aforementioned committee giving a detailed account about
how they received $545,000 from the committee to allocate to
102 families of so-called martyrs. The spreadsheet included
the names of 8 suicide bombers.
(13) A January 2007 Congressional Research Service Report
on Saudi Arabia's terrorist-financing activities indicated
that although the records portion of the Committee for the
Support of the Al Quds Intifada was deactivated in March
2005, of the 1,300 listed beneficiaries, over 60 matched or
closely resembled the names of known Palestinian militants
who carried out attacks against Israel between October 2000
and March 2002.
(14) The final report of the Presidentially-appointed Iraq
Study Group stated that ``funding for the Sunni insurgency in
Iraq comes from private donors in Saudi Arabia and other Gulf
states''.
(15) A January 2005 report by the Center for Religious
Freedom found that Saudi Arabia was creating and
distributing, through its embassy in Washington, D.C.,
material promoting hatred, intolerance, and violence at
mosques and Islamic centers in the United States.
(16) On December 14, 2005, R. James Woolsey, former
Director of Central Intelligence wrote, ``Over the long run,
this movement [Wahhabism] is in many ways the most dangerous
of the ideological enemies we face.'' Mr. Woolsey also
explained that ``al Qaeda and the Wahhabis share essentially
the same underlying totalitarian theocratic ideology. It is
this common Salafist ideology that the Wahhabis have been
spreading widely--financed by $3-4 billion/year from the
Saudi government and wealthy individuals in the Middle East
over the last quarter century--to the madrassas of Pakistan,
the textbooks of Turkish children in Germany, and the mosques
of Europe and the U.S.''.
(17) According to a May 2006 report by the Center for
Religious Freedom, official Saudi religious textbooks
continue to teach hatred of those who do not follow Wahhabi
Muslim doctrine and encourage jihad against such

[[Page S13456]]

``infidels'' and ``the Saudi public school religious
curriculum continues to propagate an ideology of hate toward
the unbeliever . . . [A] text instructs students that it is a
religious obligation to do `battle' against infidels in order
to spread the faith''.
(18) In May 2006, the Congressional Research Service
reported that ``Saudi Arabia has discussed increasing boycott
efforts against Israel, despite their WTO [World Trade
Organization] obligations''.

SEC. 3. SENSE OF CONGRESS.

It is the sense of Congress that--
(1) it is imperative that the Government of Saudi Arabia
immediately and unconditionally--
(A) permanently close all charities, schools, or other
organizations or institutions in the Kingdom of Saudi Arabia
that fund, train, incite, encourage, or in any other way aid
and abet terrorism anywhere in the world (referred to in this
Act as ``Saudi-based terror organizations''), including by
means of providing support for the families of individuals
who have committed acts of terrorism;
(B) end funding or other support by the Government of Saudi
Arabia for charities, schools, and any other organizations or
institutions outside the Kingdom of Saudi Arabia that train,
incite, encourage, or in any other way aid and abet terrorism
anywhere in the world (referred to in this Act as ``offshore
terror organizations''), including by means of providing
support for the families of individuals who have committed
acts of terrorism;
(C) block all funding from private Saudi citizens and
entities to any Saudi-based terror organization or offshore
terrorism organization; and
(D) provide complete, unrestricted, and unobstructed
cooperation to the United States, including the unsolicited
sharing of relevant intelligence in a consistent and timely
fashion, in the investigation of groups and individuals that
are suspected of financing, supporting, plotting, or
committing an act of terror against United States citizens
anywhere in the world, including within the Kingdom of Saudi
Arabia; and
(2) the President, in determining whether to make the
certification described in section 4, should judge whether
the Government of Saudi Arabia has continued and sufficiently
expanded its efforts to combat terrorism since the May 12,
2003 bombing in Riyadh.

SEC. 4. PRESIDENTIAL CERTIFICATION.

The President shall certify to the appropriate
congressional committees when the President determines that
the Government of Saudi Arabia--
(1) is fully cooperating with the United States in
investigating and preventing terrorist attacks;
(2) has permanently closed all Saudi-based Wahhabbist
organizations that fund Islamic extremism, internally and
abroad;
(3) has exercised maximum efforts to block all funding from
private Saudi citizens, corporations, and entities, to
foreign Islamic extremist and terrorist movements; and
(4) has stopped financing and disseminating materials, and
other forms of support, that encourage the spread of radical
Wahhabi ideology.

SEC. 5. STATUS REPORT.

(a) Requirement for Report.--Not later than 6 months after
the date of the enactment of this Act, and every 12 months
thereafter until the President makes the certification
described in section 4, the Secretary of State shall submit a
report to the appropriate congressional committees that
describes the progress made by the Government of Saudi Arabia
toward meeting the conditions described in paragraphs (1)
through (4) of section 4.
(b) Form.--The report submitted under subsection (a) shall
be in unclassified form and may include a classified annex.

SEC. 6. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

In this Act, the term ``appropriate congressional
committees'' means the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives.
______

By Mr. REID (for Mrs. Clinton):
S. 2244. A bill to require the Secretary of Health and Human Services
to carry out demonstration projects and outreach programs for the
identification and abatement of lead hazards, to establish the Joint
Task Force on Lead-Based Hazards and the Task Force on Children's
Environmental Health and Safety, to strengthen the authority of the
Secretary of Housing and Urban Development, and for other purposes; to
the Committee on Finance.
Mrs. CLINTON. Mr. President, I rise to introduce the Lead
Elimination, Abatement and Poisoning Prevention Act of 2007,
legislation that would help us address the threat of lead poisoning
among children.
We have made enormous strides in reducing exposure to lead since its
use was phased out in gasoline and residential paint more than twenty
years ago. From 1976 to 1994, we reduced the number of children from
age 1 to 5 with elevated blood lead levels from more than 75 percent of
the population to slightly over 4 percent of the population, according
to the Centers for Disease Control and Prevention, CDC. And many local
governments have responded to existing lead hazards through intensive
interventions.
In my state, for example, Rochester is just one of the cities that
have increased their efforts to address elevated blood lead levels
among their residents. In 2002, Rochester estimated that nearly 25
percent of its children had blood lead levels that exceeded the CDC's
standard of 10 micrograms per deciliter. Rochester embarked on efforts
to engage in residential lead remediation and abatement, particularly
among the 80 percent of its housing stock identified as having lead-
based paint. By 2005, according to the Monroe County Department of
Health, out of more than 13,000 children screened, the number with
elevated blood lead levels had dropped to less than 5 percent--a marked
reduction from only three years before. Yet these levels are still
high, and Rochester continues to work to reduce that level even
further, continuing efforts to identify and address the sources of lead
poisoning with a coalition of stakeholders.
These are the types of interventions we should be supporting, because
there are still far too many children in Rochester and other places
around our country who are at risk for lead poisoning. The CDC
estimates that more than 300,000 children have elevated blood lead
levels. Many of these children are at risk due to existing lead-based
paint in their homes. To address this concern, I have introduced
legislation--the Home-Based Lead Safety Tax Credit Act--which will help
families and landlords remediate and abate lead-based hazards in
residences.
But as recent events have shown us, residential lead paint is not the
only source of exposure to lead hazards. This past summer, families
experienced wave after wave of recalls for products containing lead
hazards--products that were all targeted for use by children, including
toys, bibs, and notebooks. Hundreds of thousands of children have been
needlessly exposed to lead-contaminated products, and I have written to
both President Bush and the Acting Commissioner of the Consumer Product
Safety Commission to urge them to undertake the reforms necessary to
strengthen this agency.
Our Government's Healthy People 2010 Objectives includes the goal of
eliminating elevated blood lead levels in children. The Environmental
Protection Agency's Strategic Plan for 2006-2011 also sets the goal of
eliminating elevated blood lead levels in American children by 2010.
But if we keep along our current path, we will not attain those goals.
We must increase our commitment at our federal agencies to address this
issue, provide our state and local governments with the tools to
mobilize the multiple stakeholders involved in lead abatement and
poisoning prevention, and increase our efforts to educate families
about ways to protect their children from lead exposure.

We need to take a comprehensive approach to lead poisoning
prevention, which is why I am introducing the LEAPP Act today. This
legislation will do the following:
In far too many cases, a single dwelling accounts for multiple
childhood lead poisonings. This bill would establish a pilot project to
increase collaboration between state and local health departments,
housing agencies, and environmental departments to identify these
``repeat offender'' houses, take steps to remediate or remove the
existing lead hazards and treat children who have been exposed. This
program would be authorized at $5 million annually from fiscal years
2008 to 2012.
Currently, the federal government has multiple programs designed to
addressing lead-based hazards and increase lead poisoning prevention.
The LEAPP Act would consolidate these task forces to improve
coordination among all agencies, as well as state, local and community
stakeholders, and have them develop a strategic plan to maximize
resources for Federal Government resources.
The President's Task Force on Environmental Health Risks and Safety
Risks to Children was established in 1997 to help coordinate the
overall environmental health work in the Executive Branch. The LEAPP
Act would codify the Task Force to facilitate

[[Page S13457]]

high-level federal coordination for initiatives that improve children's
environmental health, including lead poisoning prevention and
abatement.
While exposure to lead paint remains a primary hazard, other sources
for lead poisoning are imported products with high levels of lead and
traditional medications that contain lead. The LEAAP Act would
authorize the Office of Minority Health and the Office of Refugee
Resettlement to engage in community-based partnerships to increase
culturally appropriate education and outreach campaigns to reduce lead
hazard exposure.
Since lead accumulates in bones, many pregnant women may unknowingly
have elevated blood lead levels, which may be passed to their children
or cause toxic effects on their own organs. Through identifying and
screening women during pregnancy, we can work to improve the health of
the mother, her child, and the overall family. The LEAPP Act would
establish pilot projects to incorporate risk assessment, screening and
treatment as part of prenatal care for Medicaid populations. This
program would be authorized at $5 million annually for each of fiscal
years 2008 through 2012.
Current law does not require landlords and homeowners to conduct
lead-based paint inspections before they can lease or sell their homes.
This legislation not only requires landlords to conduct these
inspections, but also produce documentation of these inspections and
remediate any lead-based paint hazards found as a result of these
inspections before leasing or selling homes.
Far too many children are exposed to lead-based paint in their homes
only to return to the same home after being diagnosed as having
contracted lead poisoning. Under this bill, if the primary residence of
a child who is less than 6 years of age is in a unit of public or
private housing, and such child is diagnosed by a certified medical
practitioner as having contracted lead poisoning, the public housing
authority or landlord for such residence shall immediately temporarily
relocate the affected family, conduct an inspection and risk assessment
for lead, and completely abate the unit in which such child resided.
Current law and regulation that aim to reduce lead-based poisoning in
homes do not cover all housing units. If we are to reach our goal of
eliminating lead poisoning by 2010, we must extend the reach of current
law and regulations to cover all housing units. This bill will extend
that coverage to zero bedroom housing, housing for the elderly and
persons with disabilities. Doing so will provide protections for
children without regard for the type of dwelling in which they reside.
The Low Income Housing Tax Credit is the federal government's largest
housing rehabilitation program. Despite this fact, the LIHTC does not
have a single lead-based hazard control requirement. This legislation
sets aside 5 percent of the LIHTC funding for lead-based hazard control
measures.
Although weatherization measures can improve energy efficiency and
save homeowners on energy cost, these measures can also create lead
hazards in homes. To protect our children from these hazards, this
legislation requires weatherization programs to do lead hazard controls
as part of their weatherization work.
I look forward to working with my colleagues to continue our efforts
to protect children against lead poisoning.
______

By Mr. DURBIN:
S. 2245. A bill to establish a comission to ensure food safety in the
United States, and for other purposes; to the Committee on Homeland
Security and Governmental Affairs.
Mr. DURBIN. Mr. President, 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. 2245

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 ``Food Safety Authority
Modernization Act''.

SEC. 2. CONGRESSIONAL BIPARTISAN FOOD SAFETY COMMISSION.

(a) Commission.--
(1) Establishment.--
(A) In general.--There is established a commission to be
known as the ``Congressional Bipartisan Food Safety
Commission'' (referred to in this Act as the ``Commission'').
(B) Purpose.--The purpose of the Commission shall be to act
in a bipartisan, consensus-driven fashion--
(i) to review the food safety system of the United States;
(ii) to prepare a report that--

(I) summarizes information about the food safety system as
in effect as of the date of enactment of this Act; and
(II) makes recommendations on ways--

(aa) to modernize the food safety system of the United
States;
(bb) to harmonize and update food safety statutes;
(cc) to improve Federal, State, local, and interagency
coordination of food safety personnel, activities, budgets,
and leadership;
(dd) to best allocate scarce resources according to risk;
(ee) to ensure that regulations, directives, guidance, and
other standards and requirements are based on best-available
science and technology;
(ff) to emphasize preventative rather than reactive
strategies; and
(gg) to provide to Federal agencies funding mechanisms
necessary to effectively carry out food safety
responsibilities; and
(iii) to draft specific statutory language, including
detailed summaries of the language and budget
recommendations, that would implement the recommendations of
the Commission.
(2) Membership.--
(A) Composition.--The Commission shall be composed of 19
members.
(B) Eligibility.--Members of the Commission shall--
(i) have specialized training, education, or significant
experience in at least 1 of the areas of--

(I) food safety research;
(II) food safety law and policy; and
(III) program design and implementation;

(ii) consist of--

(I) the Secretary of Agriculture (or a designee);
(II) the Secretary of Health and Human Services (or a
designee);
(III) 1 Member of the House of Representatives; and
(IV) 1 Member of the Senate; and
(V) 15 additional members that include, to the maximum
extent practicable, representatives of--

(aa) consumer organizations;
(bb) agricultural and livestock production;
(cc) public health professionals;
(dd) State regulators;
(ee) Federal employees; and
(ff) the livestock and food manufacturing and processing
industry.
(C) Appointments.--
(i) In general.--The appointment of the members of the
Commission shall be made not later than 60 days after the
date of enactment of this Act.
(ii) Certain appointments.--Of the members of the
Commission described in subparagraph (B)(ii)(V)--

(I) 2 shall be appointed by the President;
(II) 7 shall be appointed by a working group consisting
of--

(aa) the Chairman of each of the Committee on Agriculture,
Nutrition, and Forestry and the Committee on Health,
Education, Labor, and Pensions of the Senate;
(bb) the Chairman of each of the Committee on Agriculture
and the Committee on Energy and Commerce of the House of
Representatives;
(cc) the Speaker of the House of Representatives; and
(dd) the Majority Leader of the Senate; and

(III) 6 shall be appointed by a working group consisting
of--

(aa) the Ranking Member of each of the Committees described
in items (aa) and (bb) of subclause (II);
(bb) the Minority Leader of the House of Representatives;
and
(cc) the Minority Leader of the Senate.
(D) Term.--A member of the Commission shall be appointed
for the life of the Commission.
(E) Vacancies.--A vacancy on the Commission--
(i) shall not affect the powers of the Commission; and
(ii) shall be filled in the same manner as the original
appointment was made.
(3) Meetings.--
(A) Initial meeting.--Except as provided in subparagraph
(B), the initial meeting of the Commission shall be conducted
in Washington, District of Columbia, not later than 30 days
after the date of appointment of the final member of the
Commission under paragraph (2)(C).
(B) Meeting for partial appointment.--If, as of the date
that is 90 days after the date of enactment of this Act, all
members of the Commission have not been appointed under
paragraph (2)(C), but at least 8 members have been appointed,
the Commission may hold the initial meeting of the
Commission.
(C) Other meetings.--The Commission shall--
(i) hold a series of at least 5 stakeholder meetings to
solicit public comment, including--

(I) at least 1 stakeholder meeting, to be held in
Washington, District of Columbia; and

[[Page S13458]]

(II) at least 4 stakeholder meetings, to be held in various
regions of the United States; and

(ii) meet at the call of--

(I) the Chairperson;
(II) the Vice-Chairperson; or
(III) a majority of the members of the Commission.

(D) Public participation; information.--To the maximum
extent practicable--
(i) each meeting of the Commission shall be open to the
public; and
(ii) all information from a meeting of the Commission shall
be recorded and made available to the public.
(E) Quorum.--With respect to meetings of the Commission--
(i) a majority of the members of the Commission shall
constitute a quorum for the conduct of business of the
Commission; but
(ii) for the purpose of a stakeholder meeting described in
subparagraph (C)(i), 4 or more members of the Commission
shall constitute a quorum.
(F) Facilitator.--The Commission shall contract with a
nonpolitical, disinterested third-party entity to serve as a
meeting facilitator.
(4) Chairperson and vice-chairperson.--At the initial
meeting of the Commission, the members of the Commission
shall select from among the members a Chairperson and Vice-
Chairperson of the Commission.
(b) Duties.--
(1) Recommendations.--The Commission shall review and
consider the statutes, studies, and reports described in
paragraph (2) for the purpose of understanding the food
safety system of the United States in existence as of the
date of enactment of this Act.
(2) Statutes, studies, and reports.--The statutes, studies,
and reports referred to in paragraph (1) are--
(A) with respect with respect to laws administered by the
Secretary of Agriculture--
(i) the Federal Seed Act (7 U.S.C. 1551 et seq.);
(ii) the Agricultural Marketing Act of 1946 (7 U.S.C. 1621
et seq.);
(iii) the Animal Health Protection Act (7 U.S.C. 8301 et
seq.);
(iv) the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et
seq.);
(v) the Poultry Products Inspection Act (21 U.S.C. 451 et
seq.);
(vi) the Federal Meat Inspection Act (21 U.S.C. 601 et
seq.); and
(vii) the Egg Products Inspection Act (21 U.S.C. 1031 et
seq.);
(B) with respect to laws administered by the Secretary of
the Treasury, the Federal Alcohol Administration Act (27
U.S.C. 201 et seq.);
(C) with respect to laws administered by the Federal Trade
Commission, the Act of September 26, 1914 (15 U.S.C. 41 et
seq.);
(D) with respect to laws administered by the Secretary of
Health and Human Services--
(i) chapters I through IV of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 301 et seq.);
(ii) the Public Health Service Act (42 U.S.C. 201 et seq.);
(iii) the Import Milk Act (21 U.S.C. 141 et seq.);
(iv) the Food Additives Amendment of 1958 (Public Law 85-
929; 52 Stat. 1041);
(v) the Fair Packaging and Labeling Act (Public Law 89-755;
80 Stat. 1296);
(vi) the Infant Formula Act of 1980 (21 U.S.C. 301 note;
Public Law 96-359);
(vii) the Pesticide Monitoring Improvements Act of 1988
(Public Law 100-418; 102 Stat. 1411);
(viii) the Nutrition Labeling and Education Act of 1990 (21
U.S.C. 301 note; Public Law 101-535);
(ix) the Food and Drug Administration Modernization Act of
1997 (21 U.S.C. 301 note; Public Law 105-115); and
(x) the Public Health Security and Bioterrorism
Preparedness and Response Act of 2002 (21 U.S.C. 201 note;
Public Law 107-188);
(E) with respect to laws administered by the Attorney
General, the Federal Anti-Tampering Act (18 U.S.C. 1365 note;
Public Law 98-127);
(F) with respect to laws administered by the Administrator
of the Environmental Protection Agency--
(i) the Federal Insecticide, Fungicide, and Rodenticide Act
(7 U.S.C. 136 et seq.);
(ii) the Food Quality Protection Act of 1996 (7 U.S.C. 136
note; Public Law 104-170);
(iii) the Toxic Substances Control Act (15 U.S.C. 2601 et
seq.); and
(iv) the Safe Drinking Water Act of 1974 (42 U.S.C. 201
note; Public Law 93-523); and
(G) with respect to laws administered by the Secretary of
Transportation, chapter 57 of subtitle II of title 49, United
States Code (relating to sanitary food transportation); and
(H) with respect to Government studies on food safety--
(i) the report of the National Academies of Science
entitled ``Ensuring Safe Food from Production to
Consumption'' and dated 1998;
(ii) the report of the National Academies of Science
entitled ``Scientific Criteria to Ensure Safe Food'' and
dated 2003;
(iii) reports of the Office of the Inspector General of the
Department of Agriculture, including--

(I) report 24601-0008-CH, entitled ``Egg Products
Processing Inspection'' and dated September 18, 2007;
(II) report 24005-1-AT, entitled ``Food Safety and
Inspection Service--State Meat and Poultry Inspection
Programs'' and dated September 27, 2006;
(III) report 24601-06-CH, entitled ``Food Safety and
Inspection Service's In-Plant Performance System'' and dated
March 28, 2006;
(IV) report 24601-05-AT, entitled ``Hazard Analysis and
Critical Control Point Implementation at Very Small Plants''
and dated June 24, 2005;
(V) report 24601-04-HY, entitled ``Food Safety and
Inspection Service Oversight of the 2004 Recall by Quaker
Maid Meats, Inc.'' and dated May 18, 2005;
(VI) report 24501-01-FM, entitled ``Food Safety and
Inspection Service Application Controls--Performance Based
Inspection System'' and dated November 24, 2004;
(VII) report 24601-03-CH, entitled ``Food Safety and
Inspection Service Use of Food Safety Information'' and dated
September 30, 2004;
(VIII) report 24601-03-HY, entitled ``Food Safety and
Inspection Service Effectiveness Checks for the 2002
Pilgrim's Pride Recall'' and dated June 29, 2004;
(IX) report 24601-02-HY, entitled ``Food Safety and
Inspection Service Oversight of the Listeria Outbreak in the
Northeastern United States'' and dated June 9, 2004;
(X) report 24099-05-HY, entitled ``Food Safety and
Inspection Service Imported Meat and Poultry Equivalence
Determinations Phase III'' and dated December 29, 2003;
(XI) report 24601-2-KC, entitled ``Food Safety and
Inspection Service--Oversight of Production Process and
Recall at Conagra Plant (Establishment 969)'' and dated
September 30, 2003;
(XII) report 24601-1-Ch, entitled ``Laboratory Testing Of
Meat And Poultry Products'' and dated June 21, 2000;
(XIII) report 24001-3-At, 24601-1-Ch, 24099-3-Hy, 24601-4-
At, entitled ``Food Safety and Inspection Service: HACCP
Implementation, Pathogen Testing Program, Foreign Country
Equivalency, Compliance Activities'' and dated June 21, 2000;
and
(XIV) report 24001-3-At, entitled ``Implementation of the
Hazard Analysis and Critical Control Point System'' and dated
June 21, 2000; and

(I) with respect to reports prepared by the Government
Accountability Office, the reports designated--
(i) GAO-05-212;
(ii) GAO-02-47T;
(iii) GAO/T-RCED-94-223;
(iv) GAO/RCED-99-80;
(v) GAO/T-RCED-98-191;
(vi) GAO/RCED-98-103;
(vii) GAO-07-785T;
(viii) GAO-05-51;
(ix) GAO/T-RCED-94-311;
(x) GAO/RCED-92-152;
(xi) GAO/T-RCED-99-232;
(xii) GAO/T-RCED-98-271;
(xiii) GAO-07-449T;
(xiv) GAO-05-213;
(xv) GAO-04-588T;
(xvi) GAO/RCED-00-255;
(xvii) GAO/RCED-00-195; and
(xviii) GAO/T-RCED-99-256.
(3) Report.--Not later than 360 days after the date on
which the Commission first meets, the Commission shall submit
to the President and Congress a report that includes the
report and summaries, statutory language recommendations, and
budget recommendations described in clauses (ii) and (iii) of
subsection (a)(1)(B).
(c) Powers of the Commission.--
(1) Hearings.--The Commission or, at the direction of the
Commission, any member of the Commission, may, for the
purpose of carrying out this section--
(A) hold such hearings, meet and act at such times and
places, take such testimony, receive such evidence, and
administer such oaths; and
(B) require, by subpoena or otherwise, the attendance and
testimony of such witnesses and the production of such books,
records, correspondence, memoranda, papers, documents, tapes,
and materials;
as the Commission or member considers advisable.
(2) Issuance and enforcement of subpoenas.--
(A) Issuance.--A subpoena issued under paragraph (1)(B)
shall--
(i) bear the signature of the Chairperson of the
Commission; and
(ii) be served by any person or class of persons designated
by the Chairperson for that purpose.
(B) Enforcement.--In the case of contumacy or failure to
obey a subpoena issued under paragraph (1)(B), the United
States district court for the district in which the
subpoenaed person resides, is served, or may be found may
issue an order requiring the person to appear at any
designated place to testify or to produce documentary or
other evidence.
(C) Noncompliance.--Any failure to obey the order of the
court may be punished by the court as a contempt of court.
(D) Witness allowances and fees.--
(i) In general.--Section 1821 of title 28, United States
Code, shall apply to a witness requested or subpoenaed to
appear at a hearing of the Commission.
(ii) Expenses.--The per diem and mileage allowances for a
witness shall be paid from funds available to pay the
expenses of the Commission.
(3) Information from federal agencies.--
(A) In general.--The Commission may secure directly, from
any Federal agency, such information as the Commission
considers necessary to carry out this section.
(B) Provision of information.--

[[Page S13459]]

(i) In general.--Subject to subparagraph (C), on the
request of the Commission, the head of a Federal agency
described in subparagraph (A) shall expeditiously furnish
information requested by the Commission to the Commission.
(ii) Administration.--The furnishing of information by a
Federal agency to the Commission shall not be considered a
waiver of any exemption available to the agency under section
552 of title 5, United States Code.
(C) Information to be kept confidential.--For purposes of
section 1905 of title 18, United States Code--
(i) the Commission shall be considered an agency of the
Federal Government; and
(ii) any individual employed by an individual, entity, or
organization that is a party to a contract with the
Commission under this section shall be considered an employee
of the Commission.
(d) Commission Personnel Matters.--
(1) Members.--
(A) Non-federal employees.--A member of the Commission who
is not an officer or employee of the Federal Government shall
be compensated at a rate equal to the daily equivalent of the
annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United
States Code, for each day (including travel time) during
which the member is engaged in the performance of the duties
of the Commission.
(B) Federal employees.--A member of the Commission who is
an officer or employee of the Federal Government shall serve
without compensation in addition to the compensation received
for the services of the member as an officer or employee of
the Federal Government.
(C) Travel expenses.--A member of the Commission shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for an employee of an agency
under subchapter I of chapter 57 of title 5, United States
Code, while away from the home or regular place of business
of the member in the performance of the duties of the
Commission.
(2) Staff.--
(A) Executive director.--Not later than 30 days after the
Chairperson and Vice-Chairperson of the Commission are
selected under subsection (a)(4), the Chairperson and Vice-
Chairperson shall jointly select an individual to serve as
executive director of the Commission.
(B) Additional staff.--The Chairperson of the Commission
may, without regard to the civil service laws (including
regulations), appoint and terminate the appointment of such
other additional personnel as are necessary to enable the
Commission to perform the duties of the Commission.
(C) Confirmation of executive director.--The employment of
an executive director under this paragraph shall be subject
to confirmation by the Commission.
(D) Compensation.--
(i) In general.--Except as provided in clause (ii), the
Chairperson of the Commission may fix the compensation of the
executive director and other personnel without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of
title 5, United States Code, relating to classification of
positions and General Schedule pay rates.
(ii) Maximum rate of pay.--The rate of pay for the
executive director and other personnel shall not exceed the
rate payable for level II of the Executive Schedule under
section 5316 of title 5, United States Code.
(3) Detail of federal government employees.--
(A) In general.--An employee of the Federal Government may
be detailed to the Commission, without reimbursement, for
such period of time as is permitted by law.
(B) Civil service status.--The detail of the employee shall
be without interruption or loss of civil service status or
privilege.
(4) Procurement of temporary and intermittent services.--
The Chairperson, Vice-Chairperson, and executive director of
the Commission may procure temporary and intermittent
services in accordance with section 3109(b) of title 5,
United States Code, at rates for individuals that do not
exceed the daily equivalent of the annual rate of basic pay
prescribed for level IV of the Executive Schedule under
section 5316 of that title.
(e) Funding and Support Services.--For each fiscal year,
the Secretary of Agriculture and the Secretary of Health and
Human Services shall provide to fund the Commission and carry
out this section--
(1) from funds made available to the Secretary of
Agriculture under section 32 of the Act of August 24, 1935 (7
U.S.C. 612c) and amounts made available for the Office of the
Secretary of Health and Human Services from appropriations
Acts, such equal amounts as are necessary to fund the
Commission and otherwise carry out this section; and
(2) such equal contributions of support services as are
necessary to assist the Commission in carrying out the duties
of the Commission under this section.
(f) Termination.--The Commission shall terminate on the
date that is 60 days after the date on which the Commission
submits the report under subsection (b)(2).

SEC. 3. TERMINATION OF AUTHORITY RELATING TO FOOD AND FOOD
SAFETY.

(a) Termination of Authority.--The budget authority to
implement the provisions of law described in subsection (b)
relating to food and food safety shall terminate on the date
that is 2 years after the date of enactment of this Act.
(b) Provisions of Law.--The provisions of law referred to
in subsection (a) are--
(1) the Poultry Products Inspection Act (21 U.S.C. 451 et
seq.);
(2) the Federal Meat Inspection Act (21 U.S.C. 601 et
seq.);
(3) the Egg Products Inspection Act (21 U.S.C. 1031 et
seq.); and
(4) chapters I through IV of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 301 et seq.).

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