[Congressional Record Volume 153, Number 194 (Tuesday, December 18, 2007)]
[Senate]
[Pages S15913-S15921]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. REID (for Mr. Biden (for himself, Mr. Specter, Mr. Graham 
        and Mr. Cardin)):
  S. 2495. A bill to amend title 18, United States Code, and the 
Federal Rules of Criminal Procedure with respect to bail bond 
forfeitures; to the Committee on the Judiciary.
  Mr. BIDEN. Mr. President, I rise on behalf myself, Senators Arlen 
Specter, Lindsey Graham, and Ben Cardin to introduce the Bail Bond 
Fairness Act of 2007. This bill will ensure that all defendants, not 
just rich defendants, have access to bail and pre-trial release.
  The Bail Reform Act was meant to ensure the defendant's appearance in 
court. Over the past 2 decades, however, many judges have been 
forfeiting bonds for behavior outside the predictability or control of 
a bondsman. If bondsmen are forced to warrant behavior they can't 
predict or control, they will raise their rates, rendering bonds 
unavailable to many indigent defendants. These defendants will the go 
to jail pending trial, swelling our prison population and draining our 
budget.
  This bill mandates that a bail bond may be forfeited only if a 
defendant fails to appear in court as ordered. Professional bail agents 
would be able to return to the Federal court system to provide bail for 
defendants because bail would not be forfeited for violations of 
conditions that are completely out of their control such as failure to 
maintain employment.
  Let me be clear, this bill does not change a judge's authority to set 
or restrict bail. We're not talking about putting more criminals back 
into the community. A judge still has to determine a defendant's flight 
risk and threat to the community and make a

[[Page S15914]]

judgment regarding pretrial release in terms of bail amount and 
conditions. Violent criminals will--and should--be held in custody.
  Please join us in ensuring that all defendants, regardless of wealth, 
have access to pretrial release in the Federal system.
                                 ______
                                 
      By Mr. BINGAMAN:
  S. 2496. A bill to amend title II of the Elementary and Secondary 
Education Act of 1965 to enhance teaching standards and provide for 
license portability; to the Committee on Health, Education, Labor, and 
Pensions.
  Mr. BINGAMAN. Mr. President, I rise today to introduce the Enhancing 
Teaching Standards and License Portability Act of 2007. This bill would 
encourage the development and implementation of rigorous 21st century 
teaching standards throughout the U.S.
  Since the release of the 1983 report, A Nation at Risk, educators and 
policymakers have sought to strengthen our Nation's weakening grip on 
global competitiveness. Despite these efforts, low achievement outcomes 
for too many students, particularly low income students, remain a 
threat to our current and future standing in the global economy, and to 
our children's future security. I am concerned about the continuing 
struggles of many of our schools.
  In order to graduate from high school ready to succeed in 
postsecondary education and the workforce, students need a world-class 
21st century education. Their success depends on access to high quality 
teachers who have both state-of-the-art content knowledge and excellent 
teaching skills. Teachers deserve access to the most up-to-date 
teaching standards if they are to attain these professional criteria. 
Moreover, assessments of quality teaching must be based on the 
characteristics that are known to influence student achievement 
outcomes.
  The Enhancing Teaching Standards and License Portability Act provides 
the commitment and resources needed to help teachers attain these 21st 
century teaching skills.
  In the early 1990s, the Interstate New Teacher Assessment and Support 
Consortium, INTASC, developed core teaching standards for beginning 
teachers, standards that have since been used--voluntarily--by 
individual States to develop teaching and certification requirements. 
Professional organizations such as the National Council of Teachers of 
Mathematics also developed subject-area teaching standards. This bill 
would build upon these efforts to improve teacher quality by supporting 
the refinement, development, and testing of K-12 teaching standards 
aligned with demands of the 21st century. These demands reflect content 
area advances in subject areas such as science and technology; advances 
in understanding of how students learn; the principle of universal 
design for learning that advocates flexible teaching to accommodate 
different learning styles; educators' recognition of the need to foster 
critical thinking, creativity, and problem-solving skills in addition 
to subject area knowledge; and demographic changes in student diversity 
such as the recent dramatic increase in English-language learners and 
the increased inclusion of students with disabilities in the classroom.
  Specifically, this bill would provide a funding mechanism to develop 
or refine 21st century teaching standards, and to link those standards 
to performance-based teacher assessments. It would also provide 
subgrants to states to adopt, pilot, and implement these teaching 
standards and associated teacher assessments, and align their teacher 
licensing systems accordingly. In addition, the bill would promote and 
facilitate reciprocity and portability of teaching licenses across 
states. I am very pleased that this bill is supported by several 
education groups devoted to enhancing the quality and coherence of 
teaching standards, including the Council of Chief State School 
Officers, the American Association of Colleges for Teacher Education, 
the National Association of Secondary School Principals, the National 
Council of Teachers of Mathematics, the International Reading 
Association, the National Science Teachers Association, and the 
National Commission on Teaching and America's Future.
  I believe it is important to acknowledge that we have made some 
progress in improving teacher quality. As summarized in the Secretary 
of Education's Fifth Annual Report on Teacher Quality, the percentage 
of teachers who lack a full teaching certificate has declined, from 3.3 
to 2.5 percent of all classroom teachers. Progress has also been 
reported in aligning States' K-12 student content standards with 
teacher certification standards; and the number of new teachers passing 
required State assessment exams remains high at 95 percent. The minimum 
examination scores required to pass these exams, however, are generally 
lower than the national median scores for these assessments. Such low 
criteria are in conflict with the NCLB definition of a highly qualified 
teacher as someone with demonstrated competence in content-area subject 
matter. Current teacher standards fail to demonstrate, much less 
ensure, this competency.
  Researchers have demonstrated the importance of teacher competency 
for student outcomes, arguing that classroom practices and other 
aspects of teaching affect student achievement as much as, if not more 
than, student characteristics. A recent Education Week report revealed 
that teachers who score higher vs. lower on state licensing exams tend 
to have students who themselves achieve higher scores, particularly in 
mathematics, even when other factors linked to high achievement are 
taken into account. Other studies demonstrate that the more content-
specific college coursework a math or science teacher pursues prior to 
teaching, the higher that teacher's students will score in math or 
science. Further, a study appearing in Science showed that higher 
student outcomes are also associated with more positive classroom 
experiences, and that these classroom experiences can be measured by 
standardized observations of the instructional and social support 
teachers provide. Together, these and other studies illustrate that 
teachers' knowledge and their observable skills in the classroom are 
significant influences on student achievement.
  Although solid grounding in content knowledge is necessary for 21st 
century learners, it alone is not sufficient. Students today need to 
develop creativity, critical thinking skills, and problem solving 
abilities to compete in our global economy. This means that teachers 
must teach higher-order thinking skills in addition to content 
information, and create opportunities to learn. Research has shown that 
students of teachers who can convey higher-order thinking skills and 
subject knowledge actually outperform students whose teachers teach 
only subject knowledge.
  As you know, Mr. President, students in the 21st century represent 
diversity. For example, the U.S. Department of Education reports that 
the rate of English-language learners has increased by 169 percent in 
the last 20 years, in contrast to an increase of only 12 percent in the 
overall student population. Nationwide, 10 percent of all students are 
English-language learners. In my state of New Mexico, the rate is 22 
percent, second only to California, where over 25 percent of students 
are English-language learners. According to the National Academies 
Report, How People Learn, teachers need to develop an expertise 
grounded on the theories of learning, including theories that concern 
how cultural beliefs and personal characteristics of learners influence 
their learning process. This teaching knowledge promotes learning for 
all children. In fact, students whose teachers receive professional 
development in teaching diverse students outperform students of 
teachers who lack this training.
  These are just a few examples of the research linking student 
outcomes to teacher characteristics. Linking these characteristics to 
rigorous teaching performance standards is an opportunity to provide 
world class education to our students in the 21st century. It is time 
to improve our teaching standards.
  Towards this goal, the Enhancing Teaching Standards and License 
Portability Act has four main objectives.
  First, to improve teacher quality by supporting the development of 
rigorous kindergarten through grade 12 teaching standards that 
incorporate 21st century teaching and learning skills, and to

[[Page S15915]]

promote alignment of these standards with performance-based teacher 
assessments;
  Second, to create incentives for States to adopt, pilot, and 
implement such rigorous kindergarten through grade 12 teaching 
standards and performance-based teacher assessments through a 
competitive grants process;
  Third, to promote efforts for States to align these teaching 
standards and performance-based teacher assessments to State licensing 
requirements; and
  Finally, to create incentives for States to develop policies that 
would facilitate license reciprocity and portability.
  Although this bill would not mandate that model teaching standards be 
adopted by the states, the trends demonstrate that widespread adoption 
is likely. For instance, after INTASC developed model teaching 
standards in 1992, 38 States adopted the standards in developing their 
own statewide standards. Over 20 States are reviewing the NCTM 
Curriculum Focal Points to develop mathematics curriculum standards. 
Over 22 States currently rely on the same standardized teaching 
credentialing test, and another 10 adopt a second widely available 
test. The availability of model 21st century teaching standards could 
have a profound influence on K-12 education nationwide, and this bill 
would provide incentives for States to adopt and test these standards.
  An added benefit of available model teaching standards concerns 
reciprocal teacher certification across States, which could address 
teacher shortages and curriculum cohesion across states. Nationally, 
about 20 percent of teachers seek their initial license in a state 
other than where they completed their teacher training. This bill would 
improve the capacity of States to collaboratively address teacher 
shortages through increased teacher certification reciprocity, by 
promoting alignment of the teaching standards with State licensing 
systems.
  Finally, the availability of widely used model standards would 
support a platform for horizontal coherence of teaching and curriculum 
standards. A State's voluntary use of updated rigorous standards would 
promote core similarities that offer additional benefits for mobile 
students who suffer setbacks when faced with inconsistent curriculum.
  Student mobility, defined as the percentage of students who transfer 
in or out of a school during a given school year, occurs in both inner-
city and suburban school districts. Rates in inner city schools range 
from 45 to as high as 80 percent. In suburban schools, mobility rates 
may be as high as 10 to 40 percent. Although overall mobility indices 
in the U.S. are not rising, the percentage of moves that occur across 
state lines has increased from approximately 16 to 19 percent since 
2000. When children change schools, they often must adapt to a 
different curriculum; and lack of curriculum cohesion is believed to 
account for several negative consequences. Children who experience 
several school changes are more likely to receive below-grade level 
reading and math achievement scores than their peers who have never 
changed schools; they are also more prone to grade retention, and have 
an increased high school dropout rate.
  I believe this legislation can go a long way in improving our 
Nation's educational achievement rates by improving teacher quality and 
licensing portability. I also believe that this legislation is critical 
to strengthening our global competitiveness because quality teaching is 
a route to helping students meet high standards. I hope that this 
legislation will be included in the reauthorization of the Elementary 
and Secondary Education Act of 1965, as amended, and I urge my 
colleagues to support this legislation.
  Mr. President, I ask unanimous consent that the text of the bill and 
a letter of support be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 2496

       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 ``Enhancing Teaching Standards 
     and License Portability Act of 2007''.

     SEC. 2. TEACHING STANDARDS AND LICENSE PORTABILITY.

       Part C of title II of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6671 et seq.) is amended by 
     adding at the end the following:

        ``Subpart 6--Teaching Standards and License Portability

     ``SEC. 2371. PURPOSES.

       ``The purposes of this subpart are the following:
       ``(1) To support the development of rigorous kindergarten 
     through grade 12 teaching standards that incorporate 21st 
     century learning skills.
       ``(2) To create incentives for States to adopt, pilot, and 
     implement such rigorous kindergarten through grade 12 
     teaching standards.
       ``(3) To create incentives for States to align the States' 
     teacher licensing systems to such rigorous kindergarten 
     through grade 12 teaching standards.
       ``(4) To create incentives for States to develop policies 
     to facilitate teacher license portability across States in 
     order to improve the capacity of States to collaboratively 
     address teacher shortages.

     ``SEC. 2372. DEFINITIONS.

       ``In this subpart:
       ``(1) Core teaching standards.--The term `core teaching 
     standards' means standards that all beginning teachers should 
     know and be able to teach in order to practice responsibly, 
     regardless of the subject matter or grade level being taught.
       ``(2) Eligible entity.--The term `eligible entity' means an 
     organization representing administrators of State educational 
     agencies in partnership with 1 or more independent 
     professional organizations with expertise in the following 
     areas:
       ``(A) Teacher preparation and licensure.
       ``(B) Assessment of teacher knowledge, skills, and 
     competencies.
       ``(3) 21st century learning skills.--The term `21st century 
     learning skills' means the skills, knowledge, and 
     competencies that students should master to succeed in 
     postsecondary education and the workforce of the 21st 
     century, including creativity and innovation skills, critical 
     thinking and problem-solving skills, communication and 
     collaboration skills, information and technology literacy, 
     civic and health literacy, adaptability, social and cross-
     cultural skills, and leadership skills.

     ``SEC. 2373. GRANT PROGRAM AUTHORIZED.

       ``(a) Authorization.--The Secretary is authorized to award 
     a competitive grant to an eligible entity to enable such 
     entity to carry out the following:
       ``(1) The development or updating of core teaching 
     standards and content-specific kindergarten through grade 12 
     teaching standards that are rigorous and incorporate 21st 
     century learning skills and recent research and expert 
     knowledge on teaching practices.
       ``(2) The development of teacher assessments linked to the 
     kindergarten through grade 12 teaching standards that can be 
     used for licensing, are valid and reliable, and are 
     performance-based.
       ``(3) The awarding of subgrants as described in subsection 
     (b)(2) to State educational agencies.
       ``(4) The provision of technical assistance to States in 
     the adoption, pilot testing, and implementation of 
     kindergarten through grade 12 teaching standards and teacher 
     assessments as described in paragraph (2).
       ``(5) The provision of technical assistance to States to 
     facilitate teacher license portability across States through 
     changes in relevant State policies or the creation of new 
     policies for such purpose.
       ``(b) Uses of Funds.--
       ``(1) Direct activities.--
       ``(A) First and second years.--An eligible entity that 
     receives a grant under subsection (a) shall use 100 percent 
     of the funds made available through the grant for the first 
     and second fiscal years--
       ``(i) to develop or update the core teaching standards and 
     content-specific kindergarten through grade 12 teaching 
     standards; and
       ``(ii) to develop and pilot test teacher performance 
     assessments that can be used to supplement or supplant 
     current State licensing exams.
       ``(B) Third year and beyond.--An eligible entity that 
     receives a grant under subsection (a) shall use not more than 
     40 percent of the funds made available through the grant for 
     the third fiscal year, not more than 30 percent of the funds 
     made available through the grant for the fourth fiscal year, 
     and not more than 20 percent of the funds made available 
     through the grant for the fifth fiscal year--
       ``(i) to continue pilot testing and validating the teacher 
     performance assessments;
       ``(ii) to disseminate the kindergarten through grade 12 
     teaching standards, assessments, and any other materials that 
     States may need to properly evaluate and adopt such 
     standards, assessments, and materials;
       ``(iii) to provide technical assistance to States in--

       ``(I) adopting the kindergarten through grade 12 teaching 
     standards;
       ``(II) pilot testing the teacher assessments; and
       ``(III) reliably and accurately administering and 
     interpreting the teacher assessments; and

       ``(iv) to fund research activities that further the 
     development of kindergarten through grade 12 teaching 
     standards and assessments.

[[Page S15916]]

       ``(2) Subgrants.--An eligible entity that receives a grant 
     under subsection (a) shall use not less than 60 percent of 
     the funds made available through the grant for the third 
     fiscal year, not less than 70 percent of the funds made 
     available through the grant for the fourth fiscal year, and 
     not less than 80 percent of the funds made available through 
     the grant for the fifth fiscal year to award subgrants to 
     State educational agencies to pay the Federal share of the 
     costs of carrying out the following activities in the States:
       ``(A) To adopt the core teaching standards and content-
     specific kindergarten through grade 12 teaching standards 
     developed or updated by the eligible entity.
       ``(B) To align the States' teacher licensing systems to 
     such standards, which may include the pilot testing and use 
     of teacher assessments developed by the eligible entity under 
     paragraph (1)(A)(ii).
       ``(C) To change relevant policies or introduce new policies 
     to facilitate teacher license portability across the States.

     ``SEC. 2374. APPLICATIONS.

       ``(a) Grant Application.--
       ``(1) In general.--An eligible entity that desires a grant 
     under this subpart shall submit to the Secretary an 
     application at such time, in such manner, and accompanied by 
     such information as the Secretary may require.
       ``(2) Contents.--In an application submitted under 
     paragraph (1), an eligible entity shall include, at a 
     minimum, a description of the capability of the entity to 
     carry out section 2373(b).
       ``(b) Subgrant Application.--
       ``(1) In general.--A State educational agency that desires 
     a subgrant under this subpart shall submit an application to 
     the eligible entity at such time, in such manner, and 
     accompanied by such information as the eligible entity may 
     require.
       ``(2) Contents.--In an application submitted under 
     paragraph (1), a State educational agency shall include, at a 
     minimum, a description of how the agency plans to carry out 
     the activities described in subparagraphs (A), (B), and (C) 
     of section 2373(b)(2).

     ``SEC. 2375. FEDERAL SHARE.

       ``(a) Federal Share.--For State educational agencies 
     receiving a subgrant under section 2371(b)(2), the Federal 
     share of the cost of carrying out the activities described in 
     subparagraphs (A), (B), and (C) of section 2371(b)(2) shall 
     be 50 percent.
       ``(b) Payment of Non-Federal Share.--The non-Federal share 
     may be paid in cash or in kind (fairly evaluated).

     ``SEC. 2376. REPORTS TO CONGRESS.

       ``Not later than 2 years after the date funds are first 
     made available to carry out this subpart, and again 2 years 
     thereafter, the Comptroller General of the United States 
     shall submit to the appropriate committees of Congress a 
     report regarding activities assisted under this subpart.

     ``SEC. 2377. SUPPLEMENT, NOT SUPPLANT.

       ``Funds made available to carry out this subpart shall be 
     used to supplement, and not supplant, other Federal, State, 
     and local funds available to carry out the [purposes 
     described in section 2371].

     ``SEC. 2378. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     subpart--
       ``(1) $4,000,000 for each of fiscal years 2008 and 2009; 
     and
       ``(2) $10,000,000 for each of fiscal years 2010, 2011, and 
     2012.''.
                                  ____

                                                 October 12, 2007.
     Hon. Jeff Bingaman,
     U.S. Senate,
     Washington, DC.
       Dear Senator Bingaman: The undersigned organizations would 
     like to thank you for introducing the Enhancing Teaching 
     Standards and License Portability Act of 2007 and express our 
     support for this critical bill. Our education system can only 
     be successful if every child receives instruction from high-
     quality teachers with the most up-to-date skills and 
     knowledge. The education community has been working 
     diligently to improve teaching in this country, and this act 
     will continue to move these efforts forward. We believe 
     firmly in the goals of this bill:
       Supporting development of rigorous kindergarten through 
     grade 12 teaching standards that incorporate 21st century 
     learning skills.
       Creating incentives for states to: adopt, pilot, and, 
     implement rigorous kindergarten through grade 12 teaching 
     standards; align teacher licensing systems to the rigorous 
     kindergarten through grade 12 teaching standards; and, 
     develop policies to facilitate teacher license portability 
     across states in order to improve the capacity of states to 
     collaboratively address teacher shortages.
       We support rigorous and relevant teaching standards that 
     provide high expectations for what our teachers should know 
     and be able to do. These standards and the aligned licensing 
     systems will further assist teacher preparation programs in 
     how to most effectively prepare teachers for today's 
     classrooms and ensure that our students are taught only by 
     high-quality teachers. Also, as we work to address teacher 
     shortages and as our society grows increasingly mobile, there 
     is great need for teacher license portability across states. 
     States have been working on teacher license portability 
     measures, and this bill will further build on these 
     initiatives. Overall, this act will help elevate the teaching 
     profession in this country so every child has access to a 
     world-class education.
       Thank you for your leadership on this important issue, and 
     we look forward to continuing to work with you on improving 
     teaching in America.
           Sincerely,
       American Association of Colleges for Teacher Education.
       Council of Chief State School Officers.
       International Reading Association.
       National Association of Secondary School Principals.
       National Commission on Teaching and America's Future.
       National Council of Teachers of Mathematics.
       National Science Teachers Association.
                                 ______
                                 
      By Mr. BINGAMAN (for himself and Mr. Domenici):
  S. 2498. A bill to authorize the minting of a coin to commemorate the 
400th anniversary of the founding of Santa Fe, New Mexico, to occur in 
2010; to the Committee on Banking, Housing, and Urban Affairs.
  Mr. BINGAMAN. Mr. President, I rise today to introduce a bill to 
authorize the minting of a commemorative coin in recognition of the 
400th anniversary of the Spanish arrival in Santa Fe, NM. This bill has 
the strong support of the entire New Mexico delegation and is co-
sponsored by Senator Domenici and a companion bill will be introduced 
in the House by Representative Tom Udall.
  In 2010, the City of Santa Fe will commemorate the arrival of Spanish 
settlers and the designation of the City of Santa Fe as the capital 
city of the Spanish territory now known as New Mexico. On their arrival 
the Spaniards found a thriving Native American culture. These native 
American and Spanish cultures served to enrich each other and led to a 
creation of a vibrant social, cultural, and financial center that made 
the settlement of the western U.S. possible. Although it was not always 
a smooth road it is the unique combination of the Spanish, native 
American, and Anglo cultures in Santa Fe that make it an American 
treasure. Santa Fe has long been heralded for its thriving arts 
community, as a world class travel destination, and for its natural 
beauty. These treasures and its proud history as a cultural meeting 
place make Santa Fe worthy of the national recognition of a 
commemorative coin. I urge all Senators to support this bill.
  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. 2498

       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 ``Santa Fe 400th Anniversary 
     Commemorative Coin Act of 2007''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) Santa Fe, New Mexico, the site of native occupation 
     centuries before European incursions, was officially elevated 
     from a plaza established in 1608 to a villa and capital city 
     in 1610. Santa Fe has been the meeting place and home of many 
     cultures.
       (2) The Palace of the Governors, built in the early 17th 
     century served as the governor's quarters and the seat of 
     government under 3 flags. It is the oldest continuously used 
     public building in the United States.
       (3) La Fiesta de Santa Fe, a cultural, religious, and 
     social celebration, commemorating the resettlement of Santa 
     Fe by General Don Diego de Vargas in 1692 continues today as 
     an attraction for tourists and locals alike.
       (4) At the nexus of 3 historically important trails, Santa 
     Fe brought people and goods together over the Santa Fe Trail 
     to and from Missouri, California, and Mexico City.
       (5) Commerce on the Santa Fe Trail brought a much needed 
     boost to the economy of the American West during the 
     recession of the early 19th century. Santa Fe was the 
     rendezvous place for traders, mountain men and forty-niners 
     on route to California, and is today home to a multicultural 
     citizenry and world class art market.
       (6) The Santa Fe area is a center of market activity for 
     arts and culture year round, culminating in the world 
     renowned Indian Market, Spanish Colonial Art Market, and 
     International Folk Art Market.
       (7) New Mexico is the home to the oldest and continuously 
     inhabited indigenous communities in North America. Native 
     communities now residing in New Mexico include--
       (A) Acoma Pueblo;
       (B) Alamo Navajo Chapter;
       (C) Canoncito Navajo Chapter;

[[Page S15917]]

       (D) Cochiti Pueblo;
       (E) Isleta Pueblo;
       (F) Jemez Pueblo;
       (G) Jicarilla Apache Tribe;
       (H) Laguna Pueblo;
       (I) Mescalero Apache Tribe;
       (J) Nambe Pueblo;
       (K) Picuris Pueblo;
       (L) Pojoaque Pueblo;
       (M) Ramah Navaho Chapter;
       (N) San Felipe Pueblo;
       (O) San Ildefonso Pueblo;
       (P) San Juan Pueblo;
       (Q) Sandia Pueblo;
       (R) Santa Ana Pueblo;
       (S) Santa Clara Pueblo;
       (T) Santo Domingo Pueblo;
       (U) Taos Pueblo;
       (V) Tesuque Pueblo;
       (W) Zia Pueblo;
       (X) Zuni Pueblo; and
       (Y) many others that disappeared or were moved after 
     European contact.
       (8) The Pueblo Revolt of 1680 is known to be one of the 
     first ``American Revolutions'' when the Pueblo people ousted 
     Spanish colonists from New Mexico.
       (9) The Santa Fe area has long attracted tourists, artists, 
     and writers. The classic novel Ben Hur was written, in part, 
     by then Governor Lew Wallace, in the Palace of the Governors.
       (10) A commemorative coin will help to foster an 
     understanding and appreciation of New Mexico, its history and 
     culture and the importance of Santa Fe and New Mexico to the 
     history of the United States and the world.

     SEC. 3. COIN SPECIFICATIONS.

       (a) $5 Gold Coins.--The Secretary of the Treasury (in this 
     Act referred to as the ``Secretary'') shall issue not more 
     than 100,000 $5 coins, which shall--
       (1) weigh 8.359 grams;
       (2) have a diameter of 0.850 inches; and
       (3) contain 90 percent gold and 10 percent alloy.
       (b) $1 Silver Coins.--The Secretary shall issue not more 
     than 500,000 $1 coins, which shall--
       (1) weigh 26.73 grams;
       (2) have a diameter of 1.500 inches; and
       (3) contain 90 percent silver and 10 percent copper.
       (c) Legal Tender.--The coins minted under this Act shall be 
     legal tender, as provided in section 5103 of title 31, United 
     States Code.
       (d) Numismatic Items.--For purposes of section 5132(a)(1) 
     of title 31, United States Code, all coins minted under this 
     Act shall be considered to be numismatic items.
       (e) Sources of Bullion.--
       (1) Gold.--The Secretary shall obtain gold for minting 
     coins under this Act from domestic sources, and pursuant to 
     the authority of the Secretary under section 5116 of title 
     31, United States Code.
       (2) Silver.--The Secretary shall obtain silver for the 
     coins minted under this Act only from stockpiles established 
     under the Strategic and Critical Minerals Stock Piling Act 
     (50 U.S.C. 98 et seq.).

     SEC. 4. DESIGN OF COINS.

       (a) Design Requirements.--
       (1) In general.--The design of the coins minted under this 
     Act shall be emblematic of the settlement of Santa Fe, New 
     Mexico, the oldest capital city in the United States.
       (2) Designation and inscriptions.--On each coin minted 
     under this Act, there shall be--
       (A) a designation of the value of the coin;
       (B) an inscription of the year ``2010''; and
       (C) inscriptions of the words ``Liberty'', ``In God We 
     Trust'' (on the face of the coin), ``United States of 
     America'', and ``E Pluribus Unum''.
       (b) Design Selection.--Subject to subsection (a), the 
     design for the coins minted under this Act shall be selected 
     by the Secretary, and shall be reviewed by the Citizens 
     Commemorative Coin Advisory Committee.

     SEC. 5. ISSUANCE OF COINS.

       (a) Quality of Coins.--Coins minted under this Act shall be 
     issued in uncirculated and proof qualities.
       (b) Mint Facility.--Only 1 facility of the United States 
     Mint may be used to strike any particular quality of the 
     coins minted under this Act.
       (c) Period for Issuance.--The Secretary may issue coins 
     minted under this Act only during the period beginning on 
     January 1, 2010, and ending on December 31, 2010.

     SEC. 6. SALE OF COINS.

       (a) Sale Price.--The coins minted under this Act shall be 
     sold by the Secretary at a price equal to the sum of--
       (1) the face value of the coins;
       (2) the surcharge provided in subsection (c) with respect 
     to such coins; and
       (3) the cost of designing and issuing the coins (including 
     labor, materials, dies, use of machinery, overhead expenses, 
     marketing, and shipping).
       (b) Prepaid Orders.--
       (1) In general.--The Secretary shall accept prepaid orders 
     for the coins minted under this Act before the issuance of 
     such coins.
       (2) Discount.--Sale prices with respect to prepaid orders 
     under paragraph (1) shall be at a reasonable discount.
       (c) Bulk Sales.--The Secretary shall make bulk sales of the 
     coins minted under this Act at a reasonable discount.
       (d) Surcharge.--All sales of coins minted under this Act 
     shall include a surcharge of--
       (1) $35 per coin for the $5 coin; and
       (2) $10 per coin for the $1 coin.

     SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS.

       (a) In General.--Except as provided in subsection (b), no 
     provision of law governing procurement or public contracts 
     shall be applicable to the procurement of goods and services 
     necessary for carrying out the provisions of this Act.
       (b) Equal Employment Opportunity.--Subsection (a) shall not 
     relieve any person entering into a contract under the 
     authority of this Act from complying with any law relating to 
     equal employment opportunity.

     SEC. 8. DISTRIBUTION OF SURCHARGES.

       (a) Recipients.--
       (1) In general.--All surcharges received by the Secretary 
     from the sale of coins minted under this Act shall be 
     promptly paid by the Secretary to the recipients listed under 
     paragraphs (2) and (3).
       (2) Santa fe 400th anniversary committee.--The Secretary 
     shall distribute 50 percent of the surcharges described under 
     paragraph (1) to the Santa Fe 400th Anniversary Committee, 
     Inc., to support programs to promote the understanding of the 
     legacies of Santa Fe.
       (3) Other recipients.--The Secretary shall distribute 50 
     percent of the surcharges described under paragraph (1) to 
     the Secretary of the Department of the Interior, for the 
     purposes of--
       (A) sustaining the ongoing mission of preserving Santa Fe;
       (B) enhancing the national and international educational 
     programs;
       (C) improving infrastructure and archaeological research 
     activities; and
       (D) conducting other programs to support the commemoration 
     of the 400th anniversary of Santa Fe.
       (b) Audits.--The Comptroller General of the United States 
     shall have the right to examine such books, records, 
     documents, and other data of the entities specified in 
     subsection (a), as may be related to the expenditure of 
     amounts distributed under subsection (a).

     SEC. 9. FINANCIAL ASSURANCES.

       (a) No Net Cost to the Government.--The Secretary shall 
     take such actions as may be necessary to ensure that minting 
     and issuing coins under this Act will not result in any net 
     cost to the United States Government.
       (b) Payment for Coins.--A coin shall not be issued under 
     this Act unless the Secretary has received--
       (1) full payment for the coin;
       (2) security satisfactory to the Secretary to indemnify the 
     United States for full payment; or
       (3) a guarantee of full payment satisfactory to the 
     Secretary from a depository institution, the deposits of 
     which are insured by the Federal Deposit Insurance 
     Corporation or the National Credit Union Administration.
                                 ______
                                 
      By Mr. LEAHY (for himself, Mr. Hatch, Mrs. Feinstein, and Mr. 
        Corker):
  S. 2500. A bill to provide fair compensation to artists for use of 
their sound recordings; to the Committee on the Judiciary.
  Mr. LEAHY. Mr. Presdient, today, Senator Hatch and I are, once again, 
introducing important intellectual property legislation together. We 
are introducing the Performance Rights Act of 2007 for a very simple 
and clear reason: artists should be compensated fairly for the use of 
their work.
  I am an avid music fan. Music entertains, enlightens, and inspires 
us. Much of the music enjoyed by most Americans, including myself, was 
first heard on traditional, over-the-air radio. There is no question 
that radio play promotes artists and their sound recordings; there is 
also no doubt that radio stations profit directly from playing the 
artists' recordings.
  When radio stations broadcast music, listeners are enjoying the 
intellectual property of two creative artists the songwriter and the 
performer. The success, and the artistic quality, of any recorded song 
depends on both. Radio stations pay songwriters for a license to 
broadcast the music they have composed. That is proper, and that is 
fair. The songwriters' work is promoted by the air play, but no one 
seriously questions that the songwriter should be paid for the use of 
his or her work.
  But the performing artist is not paid by the radio station. The time 
has come to end this inequity. Its historical justification has been 
overtaken by technological change; the economics of the radio industry 
of years past has been superseded by entirely new business models. 
Webcasters compensate performing artists, satellite radio compensates 
performing artists, and cable companies compensate performing artists; 
only terrestrial broadcasters still do not pay for the use of sound 
recordings. Artists should have the same rights regardless of whether 
it is a terrestrial broadcaster or a webcaster using and profiting from 
their work. Radio play may have promotional value to the artist, but 
there

[[Page S15918]]

is a property right in the sound recording, and those that create the 
content should be compensated for its use.
  In ensuring artists are compensated, two other principles important 
to me are reflected in this legislation. First, noncommercial and small 
commercial radio stations should be nurtured, and not threatened by a 
change in the law. Second, songwriters, who now are, as they should be, 
paid for use of their work should not have their rights diminished in 
any way.
  The legislation we introduce today on a bipartisan basis, along with 
companion bipartisan legislation being introduced today in the House of 
Representatives, provides that artists will be compensated by 
broadcasters for the use of their work. Noncommercial stations--from 
Vermont Public Radio which broadcasts ``Saturday Afternoon at the 
Opera,'' to the campus radio station at St. Michael's college that 
plays ``Those Monday Blues'' and ``The Odds and Evens Jazz Show''--have 
a different mission than commercial stations, and therefore need a 
different status, one that will subject the stations only to a nominal 
flat fee for use of sound recordings. Commercial radio stations that 
have a revenue under $1.25 million, which comprises roughly three-
fourths of all music radio stations, will also have a flat fee option.
  Traditional, over-the-air radio remains vital to the vibrancy of our 
music culture, and I want to continue to see it prosper as it 
transitions to digital. But I also want to ensure that the performing 
artist the one whose sound recordings drive the success of broadcast 
radio is fairly compensated.
  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. 2500

       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 ``Performance Rights Act''.

     SEC. 2. EQUITABLE TREATMENT FOR TERRESTRIAL BROADCASTS.

       (a) Performance Right Applicable to Radio Transmissions 
     Generally.--Section 106(6) of title 17, United States Code, 
     is amended to read as follows:
       ``(6) in the case of sound recordings, to perform the 
     copyrighted work publicly by means of an audio 
     transmission.''.
       (b) Inclusion of Terrestrial Broadcasts in Existing 
     Performance Right.--Section 114(d)(1) of title 17, United 
     States Code, is amended--
       (1) in the matter preceding subparagraph (A), by striking 
     ``a digital'' and inserting ``an''; and
       (2) by striking subparagraph (A).
       (c) Inclusion of Terrestrial Broadcasts in Existing 
     Statutory License System.--Section 114(j)(6) of title 17, 
     United States Code, is amended by striking ``digital''.
       (d) Eliminating Regulatory Burdens for Terrestrial 
     Broadcast Stations.--Section 114(d)(2) is amended in the 
     matter preceding subparagraph (A) by striking ``subsection 
     (f) if'' and inserting ``subsection (f) if, other than for a 
     nonsubscription and noninteractive broadcast transmission,''.

     SEC. 3. SPECIAL TREATMENT FOR SMALL, NONCOMMERCIAL, 
                   EDUCATIONAL, AND RELIGIOUS STATIONS AND CERTAIN 
                   USES.

       (a) Small, Noncommercial, Educational, and Religious Radio 
     Stations.--
       (1) In general.--Section 114(f)(2) of title 17, United 
     States Code, is amended by adding at the end the following:
       ``(D) Notwithstanding the provisions of subparagraphs (A) 
     through (C), each individual terrestrial broadcast station 
     that has gross revenues in any calendar year of less than 
     $1,250,000 may elect to pay for its over-the-air 
     nonsubscription broadcast transmissions a royalty fee of 
     $5,000 per year, in lieu of the amount such station would 
     otherwise be required to pay under this paragraph. Such 
     royalty fee shall not be taken into account in determining 
     royalty rates in a proceeding under chapter 8, or in any 
     other administrative, judicial, or other Federal Government 
     proceeding.
       ``(E) Notwithstanding the provisions of subparagraphs (A) 
     through (C), each individual terrestrial broadcast station 
     that is a public broadcasting entity as defined in section 
     118(f) may elect to pay for its over-the-air nonsubscription 
     broadcast transmissions a royalty fee of $1,000 per year, in 
     lieu of the amount such station would otherwise be required 
     to pay under this paragraph. Such royalty fee shall not be 
     taken into account in determining royalty rates in a 
     proceeding under chapter 8, or in any other administrative, 
     judicial, or other Federal Government proceeding.''.
       (2) Payment date.--A payment under subparagraph (D) or (E) 
     of section 114(f)(2) of title 17, United States Code, as 
     added by paragraph (1), shall not be due until the due date 
     of the first royalty payments for nonsubscription broadcast 
     transmissions that are determined, after the date of the 
     enactment of this Act, under such section 114(f)(2) by reason 
     of the amendment made by section 2(b)(2) of this Act.
       (b) Transmission of Religious Services; Incidental Uses of 
     Music.--Section 114(d)(1) of title 17, United States Code, as 
     amended by section 2(b), is further amended by inserting the 
     following before subparagraph (B):
       ``(A) an eligible nonsubscription transmission of--
       ``(i) services at a place of worship or other religious 
     assembly; and
       ``(ii) an incidental use of a musical sound recording;''.

     SEC. 4. AVAILABILITY OF PER PROGRAM LICENSE.

       Section 114(f)(2)(B) of title 17, United States Code, is 
     amended by inserting after the second sentence the following 
     new sentence: ``Such rates and terms shall include a per 
     program license option for terrestrial broadcast stations 
     that make limited feature uses of sound recordings.''.

     SEC. 5. NO HARMFUL EFFECTS ON SONGWRITERS.

       (a) Preservation of Royalties on Underlying Works.--Section 
     114(i) of title 17, United States Code, is amended in the 
     second sentence by striking ``It is the intent of Congress 
     that royalties'' and inserting ``Royalties''.
       (b) Public Performance Rights and Royalties.--Nothing in 
     this Act shall adversely affect in any respect the public 
     performance rights of or royalties payable to songwriters or 
     copyright owners of musical works.

  Mr. HATCH. Mr. President, I rise today to express my support for the 
Performance Rights Act of 2007, S. 2500, introduced today by Judiciary 
Committee chairman Patrick Leahy and myself. There is no doubt the 
subject of performance rights is important and deserves the Senate's 
attention.
  I recognize that there is no easy solution to the performance rights 
issue because it is a complex area of the law. However, I believe the 
time has come for Congress to begin the process of balancing the 
interests of all involved and forging a fair and reasonable compromise.
  I have had the opportunity to get to know some of the finest and 
talented individuals this country has to offer. Some are under the 
wrong impression that artists in the music industry are making a 
fortune, but they are not aware that all too often it is a struggle to 
survive for the overwhelming majority of them in the cut-throat music 
industry.
  By amending sections 106 and 114 of the Copyright Act, the 
Performance Rights Act of 2007 would apply the performance right in a 
sound recording to all audio transmissions thereby removing the 
exemption on paying performance royalties currently in place for over-
the-air broadcasters.
  The legislation also provides for a blanket license of $5,000 for 
small commercial broadcasters whose gross revenues do not exceed $1.25 
million a year. In addition, noncommercial broadcasters as defined by 
section 118 of the Copyright Act, such as public, educational and 
religious stations would have a blanket license of $1,000 per year. No 
payment would be due until the Copyright Royalty Board determines the 
rates for large commercial broadcasters. The proposed language provides 
that sound recordings used only incidentally by a broadcaster and sound 
recordings used in the transmission of a religious service are exempt.
  S. 2500 further includes a per program license option for terrestrial 
broadcast stations that make limited feature uses of sound recordings. 
Finally, the legislation strengthens the provision in section 114 that 
preserves the rights of songwriters and clarifies that nothing in the 
Performance Rights Act of 2007 shall adversely affect the public 
performance rights of songwriters or copyright owners of musical works.
  I believe in the legislative process and hope that concerns raised by 
interested parties can be resolved in a fair and equitable manner. I do 
not have an ax to grind, nor do I want to hurt any industry. To my 
friends in the broadcasting community, let me say that I am acutely 
aware of your circumstances and concerns, and I cannot stress enough 
that my primary goal is to make sure that Congress handles this in the 
most even-handed way. Let me also stress that I look upon creating a 
performance right in a sound recording to all audio transmissions as 
the first step in addressing some of the major issues affecting the 
music industry. And I look forward to working closely with Chairman 
Leahy and my

[[Page S15919]]

colleagues in carefully considering what additional measures are 
needed.
                                 ______
                                 
      By Mr. AKAKA (for himself and Mr. Inouye):
  S. 2502. A bill to provide for the establishment of a memorial within 
Kalaupapa National Historical Park located on the island of Molokai, in 
the States of Hawaii, to honor and perpetuate the memory of those 
individuals who were forcibly relocated to the Kalaupapa Peninsula from 
1866 to 1969, and for other purposes; to the Committee on Energy and 
Natural Resources.
  Mr. AKAKA. Mr. President, I rise today to submit legislation that 
provides for the establishment of a memorial within Kalaupapa National 
Historical Park, in the State of Hawaii, to honor and perpetuate the 
memory of those Hansen's disease patients who were forcibly relocated 
to the Kalaupapa Peninsula from 1866 to 1969.
  This tragedy began in 1865 when the Kingdom of Hawai`i instituted a 
century-long policy of forced segregation of those afflicted with 
Hansen's disease, also known as leprosy. Land was set aside in order to 
seclude those who were thought to be capable of spreading the disease. 
Kalaupapa was chosen due to its' isolated and inaccessible location. To 
the south, Kalaupapa faces sheer cliffs with over 2,000 feet in height. 
To the east, north, and west, Kalaupapa is surrounded by an often-
temperamental ocean.
  During this period of time, over 8,000 people were sent there, of 
which, only about 1,300 graves have been identified. Most of those who 
were sent to Kalaupapa before 1900 have no marked graves. Others were 
buried in places marked with a cross or a bare tombstone, but those 
markers have seen great deterioration over time. As a result, there are 
many family members and descendants of these residents who cannot find 
the graves of their loved ones and are unable to properly honor and pay 
tribute to them.
  This monument is to provide closure and a sense of belonging to these 
many family members, who have no knowledge of their ancestors' 
whereabouts. Through this monument, the more than 8,000 Hansen's 
disease patients will forever be memorialized as having been a part of 
the history of Kalaupapa. It also allows the world to recognize and 
learn from the tragedy that took place on Kalaupapa, where mothers were 
taken from their children, husbands from their wives, and children from 
their parents.
  There are a few remaining patients of Kalaupapa alive today, and time 
is running short. For them to live to see this monument, and the memory 
of their friends and those that preceded them honored in this manner, 
would mean so much. It will help to guarantee that the legacy of 
Kalaupapa will live on, and continue to be passed from one generation 
to the next.
                                 ______
                                 
      By Ms. CANTWELL:
  S. 2505. A bill to allow employees of a commercial passenger airline 
carrier who receive payments in a bankruptcy proceeding to roll over 
such payments into an individual retirement plan, and for other 
purposes; to the Committee on Finance.
  Ms. CANTWELL. Mr. President, in the wake of the terrorist attacks of 
September 11, 2001, the air travel industry has suffered tremendous 
economic hardship. In particular, airline workers have been forced to 
take cuts in pay and benefits which have dramatically reduced their 
financial security now and in their retirement years.
  Airline pilots and other union airline employees have lost in excess 
of $30 billion in pay and over $7 billion in defined benefit pension 
benefits. In addition, many airline workers have lost their jobs. For 
example, on September 11, 2001, there were 10,500 active Delta pilots. 
Today, there are 6,700.
  Since the attacks, many of our Nation's airlines were forced to file 
for bankruptcy--and terminate or freeze their defined benefit pension 
plans. The largest of these airline bankruptcies involved United 
Airlines, U.S. Airways, Delta Air Lines and Northwest Airlines. In all 
of these bankruptcies, a huge share of the cost savings was borne by 
the airline employees, who suffered massive cuts in pay and benefits.
  In 2001, Congressional relief focused on the airline carriers, 
offering loan packages and other economic relief. In 2004 and 2006, 
Congress provided additional assistance to those airline carriers that 
were able to avoid termination of their defined benefit plans. However, 
past Congressional actions will never restore the lost retirement 
benefits for those airline workers whose defined benefit plans were 
terminated or frozen.
  This is an important point to emphasize. The actions already taken by 
the Congress to provide economic relief to the airlines and to reduce 
their future pension contributions for the continuing plans do not 
restore benefits to those airline workers who lost pension benefits in 
plans that were terminated or frozen.
  Therefore, I rise to introduce the Lost Retirement Savings Act of 
2007 to provide for a retirement savings option to those airline 
workers whose defined benefit plans were terminated or frozen in 
bankruptcy proceedings.
  Under the bill, these airline workers would benefit to the extent 
that they would individually choose to rollover specified bankruptcy 
payments into a traditional or Roth individual retirement account. The 
intent is to provide this retirement savings opportunity only to those 
airline employees for whom the bankruptcies imposed an economic burden 
through the substantial loss of wages and retirement benefits.
  In closing, I urge my Senate colleagues to take a close look at this 
bill and join me in passing this legislation.
  Mr. President, I ask unanimous consent that the text of the bill and 
a bill summary be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 2505

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

     SECTION 1. ROLLOVER OF AMOUNTS RECEIVED IN AIRLINE CARRIER 
                   BANKRUPTCY TO ELIGIBLE RETIREMENT PLANS.

       (a) General Rule.--If--
       (1) a qualified airline employee receives any eligible 
     rollover amount, and
       (2) the qualified airline employee transfers any portion of 
     such amount to an individual retirement plan (as defined in 
     section 7701(a)(37) of the Internal Revenue Code of 1986) 
     within 180 days of receipt of such amount (or, if later, 
     within 180 days of the date of the enactment of this Act),
     then, except as provided in subsection (b), such amount (to 
     the extent so transferred) shall not be includible in gross 
     income for the taxable year in which paid.
       (b) Transfers to Roth IRAs.--
       (1) In general.--If a transfer described in subsection (a) 
     is made to a Roth IRA (as defined in section 408A of the 
     Internal Revenue Code of 1986), then--
       (A) 50 percent of the portion of any eligible rollover 
     amount so transferred shall be includible in gross income in 
     the first taxable year following the taxable year in which 
     the eligible rollover amount was paid, and
       (B) 50 percent of such portion shall be includible in gross 
     income in the second taxable year following the taxable year 
     in which the eligible rollover amount was paid.
       (2) Election to include in income in year of payment.--
     Notwithstanding paragraph (1), a qualified airline employee 
     may elect to include any portion so transferred in gross 
     income in the taxable year in which the eligible rollover 
     amount was paid.
       (3) Income limitations not to apply.--The limitations 
     described in section 408A(c)(3) of the Internal Revenue Code 
     of 1986 shall not apply to a transfer to which paragraph (1) 
     or (2) applies.
       (c) Treatment of Eligible Rollover Amounts and Transfers.--
       (1) Treatment of eligible rollover amounts for employment 
     taxes.--For purposes of chapter 21 of the Internal Revenue 
     Code of 1986 and section 209 of the Social Security Act, an 
     eligible rollover amount shall not fail to be treated as a 
     payment of wages by the commercial passenger airline carrier 
     to the qualified airline employee in the taxable year of 
     payment because such amount is not includible in gross income 
     by reason of subsection (a) or is includible in income in a 
     subsequent taxable year by reason of subsection (b).
       (2) Treatment of rollovers.--A transfer under subsection 
     (a) shall be treated as a rollover contribution described in 
     section 408(d)(3) of the Internal Revenue Code of 1986, 
     except that in the case of a transfer to which subsection (b) 
     applies, the transfer shall be treated as a qualified 
     rollover contribution described in section 408A(e) of such 
     Code.
       (d) Definitions and Special Rules.--For purposes of this 
     section--
       (1) Eligible rollover amount.--
       (A) In general.--The term ``eligible rollover amount'' 
     means any payment of any money or other property which is 
     payable by a commercial passenger airline carrier to a 
     qualified airline employee--
       (i) under the approval of an order of a Federal bankruptcy 
     court in a case filed after September 11, 2001, and before 
     January 1, 2007, and

[[Page S15920]]

       (ii) in respect of the qualified airline employee's 
     interest in--

       (I) a bankruptcy claim against the carrier,
       (II) any note of the carrier (or any amount paid in lieu of 
     a note being issued), or
       (III) any other fixed obligation of the carrier to pay a 
     lump sum amount.

       (B) Exception.--An eligible rollover amount shall not 
     include any amount payable on the basis of the carrier's 
     future earnings or profits.
       (2) Qualified airline employee.--The term ``qualified 
     airline employee'' means an employee or former employee of a 
     commercial passenger airline carrier who was a participant in 
     a defined benefit plan maintained by the carrier which--
       (A) is a plan described in section 401(a) of the Internal 
     Revenue Code of 1986 which includes a trust exempt from tax 
     under section 501(a) of such Code, and
       (B) was terminated or became subject to the restrictions 
     contained in paragraphs (2) and (3) of section 402(b) of the 
     Pension Protection Act of 2006.
       (3) Reporting requirements.--If a commercial passenger 
     airline carrier pays 1 or more eligible rollover amounts, the 
     carrier shall, within 90 days of such payment (or, if later, 
     within 90 days of the date of the enactment of this Act), 
     report--
       (A) to the Secretary, the names of the qualified airline 
     employees to whom such amounts were paid, and
       (B) to the Secretary and to such employees, the years and 
     the amounts of the payments.
     Such reports shall be in such form, and contain such 
     additional information, as the Secretary of the Treasury may 
     prescribe.
       (e) Effective Date.--This section shall apply to transfers 
     made after the date of the enactment of this Act with respect 
     to eligible rollover amounts paid before, on, or after such 
     date.
                                  ____


           Summary of the Lost Retirement Savings Act of 2007


 Rollover of Distributions Received by Airline Employees in Respect of 
             Bankruptcy Claims, Notes or Fixed Obligations

       If a qualified airline employee transfers any portion of an 
     eligible rollover amount to an individual retirement account 
     (IRA), then the eligible rollover amount to the extent so 
     transferred shall not be includible in gross income for the 
     taxable year in which paid to the qualified airline employee. 
     Further, any such transfer to an IRA which is excluded from 
     gross income shall be treated as a rollover contribution.


                              Definitions

       Qualified airline employee--An employee or former employee 
     of a commercial passenger airline carrier who participated in 
     a qualified defined benefit plan that has been terminated or 
     frozen.
       Eligible rollover amount--Money or other property paid by a 
     commercial passenger airline carrier to a qualified airline 
     employee, in respect of the employee's interest in a 
     bankruptcy claim, note or fixed obligation of the carrier. 
     Such payment must be made under the approval of an order of a 
     Federal bankruptcy court in a case filed after September 11, 
     2001 and before January 1, 2007.


                            Employment Taxes

       Eligible rollover amounts shall be subject to all 
     applicable employment taxes.


                             Roth Election

       A qualified airline employee may elect to transfer any 
     portion of an eligible rollover amount to a Roth IRA. Such 
     transfer may be made without regard to the qualified airline 
     employee's AGI. Any such transfer to a Roth IRA shall be 
     treated as a qualified rollover contribution. To the extent 
     transferred to a Roth IRA, the eligible rollover amount 
     shall, at the election of the qualified airline employee, be 
     includible in gross income entirely in the year of payment or 
     50 percent in the year succeeding the year of payment and 50% 
     in the second year succeeding the year of payment.


                            Transfer Periods

       The transfer of an eligible rollover amount must be made 
     within 180 days after the later of date of payment or date of 
     enactment.


                         Reporting Requirements

       Commercial passenger airline carriers shall report to the 
     Secretary of the Treasury the eligible rollover amounts paid 
     to each qualified airline employee for each year, and shall 
     provide an individual report to each qualified airline 
     employee. Such reports shall be due within 90 days after the 
     later of date of payment or date of enactment.


                             Effective Date

       Transfers made after date of enactment.
                                 ______
                                 
      By Ms. LANDRIEU (for herself and Mr. Isakson):
  S. 2510. A bill to amend the Public Health Service Act to provide 
revised standards for quality assurance in screening and evaluation of 
gynecologic cytology preparations, and for other purposes; to the 
Committee on Health, Education, Labor, and Pensions.
  Ms. LANDRIEU. Mr. President, I am pleased to introduce today with my 
colleague, Senator Johnny Isakson, the Cytology Proficiency Improvement 
Act of 2007. This bipartisan legislation enhances women's health by 
establishing an annual continuing medical education, CME, proficiency 
requirement for pathologists and laboratory professionals who read Pap 
tests to screen for cervical cancer. The legislation would enhance our 
fight against this disease by giving women confidence in their Pap test 
results. Women in my State of Louisiana and across the country deserve 
no less.
  Specifically, our legislation would require individuals who examine 
Pap test slides to participate annually in an outcome-based CME program 
to evaluate their interpretative skills. This educational testing 
program would keep pace with cutting edge advances in science and 
technology. Health professionals would be challenged with complex, 
difficult cases and would learn through constructive feedback. The bill 
would also require that laboratory directors utilize the CME testing 
results to help assess the performance of their laboratory personnel 
and take corrective action as appropriate. Finally, the bill would 
require that the CME results be reviewed by accrediting organizations 
as part of federally mandated inspections of laboratories to evaluate 
Pap test quality.
  In 1988, Congress requested that a cytology, Pap test, proficiency 
program be established as part of The Clinical Laboratory Improvement 
Amendments, CLIA. However, the program lay dormant until 2005 when the 
Centers for Medicare and Medicaid, CMS, finally implemented a program. 
Unfortunately, the program was implemented using 1992 regulations--now 
15 years old--and no longer relevant to real world practice. The bill 
we are introducing today would modernize and replace the current 
program so we can help raise the bar of quality in diagnosing cervical 
cancer. It would compliment the already extensive Federal quality 
control standards for Pap tests under CLIA.
  Without a doubt, regular Pap tests save women's lives. We need to 
make sure that the Federal Government's efforts to combat cervical 
cancer are the most effective they can be. This bill helps to do just 
that. I hope my colleagues will join me in supporting this women's 
health issue.
  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. 2510

       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 ``Cytology Proficiency 
     Improvement Act of 2007''.

     SEC. 2. REVISED STANDARDS FOR QUALITY ASSURANCE IN SCREENING 
                   AND EVALUATION OF GYNECOLOGIC CYTOLOGY 
                   PREPARATIONS.

       (a) In General.--Section 353(f)(4)(B)(iv) of the Public 
     Health Service Act (42 U.S.C. 263a(f)(4)(B)(iv)) is amended 
     to read as follows:
       ``(iv) requirements that each clinical laboratory--

       ``(I) ensure that all individuals involved in screening and 
     interpreting cytological preparations at the laboratory 
     participate annually in a continuing medical education 
     program in gynecologic cytology that--

       ``(aa) is approved by the Accrediting Council for 
     Continuing Medical Education or the American Academy of 
     Continuing Medical Education; and
       ``(bb) provides each individual participating in the 
     program with gynecologic cytological preparations (in the 
     form of referenced glass slides or equivalent technologies) 
     designed to improve the locator, recognition, and 
     interpretive skills of the individual;

       ``(II) maintain a record of the cytology continuing medical 
     education program results for each individual involved in 
     screening and interpreting cytological preparations at the 
     laboratory;
       ``(III) provide that the laboratory director shall take 
     into account such results and other performance metrics in 
     reviewing the performance of individuals involved in 
     screening and interpreting cytological preparations at the 
     laboratory and, when necessary, identify needs for remedial 
     training or a corrective action plan to improve skills; and
       ``(IV) submit the continuing education program results for 
     each individual and, if appropriate, plans for corrective 
     action or remedial training in a timely manner to the 
     laboratory's accrediting organization for purposes of review 
     and on-going monitoring by the accrediting organization, 
     including reviews of the continuing medical education program 
     results during on-site inspections of the laboratory.''.

       (b) Effective Date and Implementation; Termination of 
     Current Program of Individual Proficiency Testing.--

[[Page S15921]]

       (1) Effective date and implementation.--Except as provided 
     in paragraph (2), the amendment made by subsection (a) 
     applies to gynecologic cytology services provided on or after 
     the first day of the calendar year beginning 1 year after the 
     date of the enactment of this Act, and the Secretary of 
     Health and Human Services (hereafter in this subsection 
     referred to as the ``Secretary'') shall issue final 
     regulations implementing such amendment not later than 270 
     days after such date of enactment.
       (2) Termination of current individual testing program.--The 
     Secretary shall terminate the individual proficiency testing 
     program established pursuant to section 353(f)(4)(B)(iv) of 
     the Public Health Service Act (42 U.S.C. 263a(f)(4)(B)(iv)), 
     as in effect on the day before the date of enactment of 
     subsection (a), at the end of the calendar year which 
     includes the date of enactment of the amendment made by 
     subsection (a).
                                 ______
                                 
      By Mr. LEAHY (for himself, Mrs. Clinton, Mr. Shelby, Ms. 
        Milkulski, and Ms. Landrieu):
  S. 2511. A bill to amend the grant program for law enforcement armor 
vests top provide for a waiver of or reduction in the matching funds 
requirements in the case of fiscal hardship; to the Committee on the 
Judiciary.
  Mr. LEAHY. Mr. President, I am pleased to introduce a bill that will 
help will build upon our efforts to improve the Bulletproof Vest 
Partnership Grant Act, which has had so much success in protecting the 
lives of law enforcement officers across the country. The bill 
introduced today provides a need-based waiver of matching requirements 
that will aid State and local law enforcement agencies in financial 
hardship purchase body armor for their officers. I thank Senators 
Clinton, Mikulski, Shelby, and Landrieu for joining me to introduce 
this bill to give our law enforcement officers the protection they 
need.
  I was proud to work with Senator Ben Nighthorse Campbell to author 
the Bulletproof Vest Partnership Grant Act of 1998, which responded to 
the tragic Carl Drega shootout in 1997 on the Vermont-New Hampshire 
border when two state troopers who did not have bulletproof vests were 
killed. The Federal officers who responded to the scenes of the 
shooting spree were equipped with life-saving body armor, but the State 
and local law enforcement officers lacked protective vests because of 
the cost. Since its inception in 1999, I have worked to reauthorize 
this program three times, most recently in the 2005 Violence Against 
Women and Department of Justice Reauthorization bill.
  Since 1999, the BVP program has provided $173 million to purchase an 
estimated 500,000 vests in more than 11,500 jurisdictions nationwide. 
Vermont has received more than $600,000 in bulletproof vest funding 
under this program, which has been used to purchase 2700 vests 
statewide.
  I want to thank Senators Mikulski and Shelby for continuing to 
recognize this program as a priority. As Chair and Ranking Member of 
the Appropriations Subcommittee that finalizes Justice Department 
spending priorities, they saw fit to include more than $25 million for 
the Bulletproof Vest Program in the fiscal year 2008 Consolidated 
Omnibus Appropriations bill.
  Bulletproof vests remain one of the foremost defenses for our 
uniformed officers, but law enforcement agencies nationwide are 
struggling over how to find the funds necessary to replace either aged 
vests, which have a life expectancy of roughly 5 years, or purchase new 
vests for newly hired officers. We want to ensure that our law 
enforcement officers are outfitted with vests that will actually stop 
bullets and save lives. Vests cost between $500 and $1,000 each, 
depending on the style. Officers are being forced to dip into their own 
pockets to pay for new vests due to local and State agency budget 
shortfalls, and will continue to do so unless the Federal Government 
offers more help.
  The bill we introduce today will give discretion to the Director of 
the Bureau of Justice Assistance within the Justice Department to grant 
waivers or reductions in the match requirements for bulletproof vests 
awards to State and local law enforcement agencies that can demonstrate 
fiscal hardship. Our local law enforcement agencies are constantly 
responding to new challenges, from fighting a recent rise in violent 
crime to responding to threats of terrorism, and many localities lack 
the resources to effectively combat these challenges. Waiving the match 
requirement for life-saving body armor should be available for police 
agencies like those in New Orleans, on the Gulf Coast, or in other 
areas that experience disasters or other circumstances that create 
fiscal hardships.
  A tragic event in Tennessee in 2005 highlights the need for this 
legislation. Wayne ``Cotton'' Morgan, a Tennessee correctional officer 
was gunned down on August 9, 2005, outside the Kingston Court House by 
the wife of an inmate being escorted by Officer Morgan. He was killed, 
and the prisoner and his wife escaped. Officer Morgan was not wearing a 
bulletproof vest, although he repeatedly requested one from the warden 
at Brushy Mountain Prison. The Tennessee Department of Corrections 
Administrative Policies and Procedures memorandum required that fitted 
vests be provided to individuals assigned to transportation duties. 
Despite this requirement and Officer Morgan's repeated requests, he was 
not issued a vest due to lack of funding. This legislation will help 
ensure that no officer is left without a bulletproof vest for lack of 
resources in his or her department.
  Our law enforcement officers deserve the fundamental protection that 
bulletproof vests can provide. Few things mean more to me than when I 
meet Vermont police officers and they tell me that the protective vests 
they wear were made possible because of the Bulletproof Vests 
Partnership Program. This is the least we should do for the officers on 
the front lines who put themselves in danger for us every day. I want 
to make sure that every police officer who needs a bulletproof vest 
gets one.
  I look forward to working with the Senate to pass this bipartisan 
bill to better to protect our law enforcement officers.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2511

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

     SECTION 1. MATCHING GRANT PROGRAM FOR LAW ENFORCEMENT ARMOR 
                   VESTS.

       Section 2501(f) of part Y of title I of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (42 U.S.C. 3796ll(f)) is 
     amended by inserting at the end the following:
       ``(3) Waiver.--The Director may waive, in whole or in part, 
     the requirement of paragraph (1) in the case of fiscal 
     hardship, as determined by the Director.''.

                          ____________________