[Congressional Record Volume 153, Number 195 (Wednesday, December 19, 2007)]
[Senate]
[Pages S16007-S16017]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. INHOFE:
S. 11. A bill to provide liability protection to volunteer pilot
nonprofit organizations that fly for public benefit and to the pilots
and staff of such nonprofit organizations, and for other purposes; to
the Committee on the Judiciary.
Mr. INHOFE. Mr. President, as one of the Senate's commercially
licensed pilots, I rise to talk about an issue near and dear to my
heart--flying. As many in this Chamber know, I love flying and have
flown thousands of hours, attended the well-known AirVenture aviation
event in Oshkosh, Wisconsin, each year, and even recreated Wiley Post's
trip around the world. I have received notable recognition for this
beloved hobby.
Today, I am here to acknowledge a group of people who share my love
of flying--volunteer pilots. Non-profit, charitable associations called
Volunteer Pilot Organizations, VPOs, provide the resources to help
these self-sacrificing men and women serve people in need.
There are approximately 40 to 50 VPO's in the United States ranging
from small, local groups to large, national associations. Air Charity
Network, ACN, is the Nation's largest VPO and has seven member
organizations that collectively serve the entire country and perform
about 90 percent of all charitable aviation missions in the U.S. ACN's
volunteer pilots provide free air transportation for people in need of
specialized medical treatment at distant locations due to family,
community or national crises. They also step in when commercial air
service is not available with middle-of-the-night organ transplant
patient flights, disaster response missions evacuating special needs
patients, and transport of blood or blood products in emergencies.
ACN and its more than 8,000 volunteer pilots use their own planes,
pay for their own fuel, and even take time from their ``day'' jobs to
serve people in need. These Good Samaritans will provide charitable
flights for an estimated 24,000 patients this year alone and their
safety record is phenomenal. In their more than 30 years of service,
the pilots of ACN have flown over 250,000 missions covering over 80
million miles and have never had a fatal accident.
Following the September 11 terrorist attacks, ACN aircraft were the
first to be approved to fly in disaster-response teams and supplies.
Similarly, in 2005, ACN pilots flew over 2,600 missions after
Hurricanes Katrina and Rita, reuniting families torn apart by the
disaster and relocating them to safe housing. Their service was
invaluable to the thousands of people they saved during these national
crises.
Despite this goodwill, there is a loophole in the law that subjects
these heroes and charitable organizations to frivolous, costly
lawsuits. Currently, although volunteer pilots are required to carry
liability insurance, if they have an accident, the injured party can
sue for any amount of money--the sky is the limit. It would be up to a
jury to decide on an amount. If that amount is higher than the
liability limit on a pilot's insurance, then the pilot is at risk of
losing their personal investments, home, business and other assets,
potentially bringing them financial ruin.
Additionally, the cost of insurance and lack of available non-owned
aircraft liability insurance for organizations since the terrorist
attacks of September 11 prevents VPOs from acquiring liability
protection for their organizations, boards, and staff. Without this
insurance, if a volunteer pilot were to have an accident using his or
her own aircraft, everyone connected to the organization could be
subject to a costly lawsuit, despite the fact that none of those people
were directly involved with the dispatch of the flight, the pilot's
decisions, or the aircraft itself.
Exposure to this type of risk makes it difficult for these
organizations to recruit and retain volunteer pilots and professional
staff. It also makes referring medical professionals such as hospitals,
doctors, nurses, social workers, and disaster agencies like the
American Red Cross, less likely to tell patients or evacuees that
charitable medical air transportation is available for fear of a
liability suit against them. Instead of focusing on serving people with
medical needs, these organizations are spending considerable time and
resources averting a lawsuit and recruiting volunteers.
This is why today I am introducing the Volunteer Pilot Organization
Protection Act of 2007, which I cosponsored in the last two Congresses,
to help close this costly loophole. My bill amends the Volunteer
Protection Act of 1997, VPA, which was intended to increase
volunteerism in the United States, to include groups such as ACN and
the American Red Cross in the list of types of organizations that are
currently exempt from liability. More specifically, it will protect
volunteer pilot organizations, their boards, paid staff and non-flying
volunteers from liability should there be an accident. It will also
provide liability protection for individual volunteer pilots over and
above the liability insurance that they are currently required to
carry, as well
[[Page S16008]]
as liability protection for the referring agencies who inform their
patients of charitable flight services.
Similar legislation was introduced in the Senate in the past several
Congresses and passed overwhelmingly in the House in the 108th Congress
by a vote of 385-12 and by voice vote in the 109th Congress. Clearly,
the Volunteer Pilot Organization Protection Act has significant
support. The companion version, H.R. 2191, was introduced in May by my
colleague, Congresswoman Thelma Drake, with ten original, bipartisan
cosponsors.
My bill will go a long way to help eliminate unnecessary liability
risk and allow volunteer pilots and the charitable organizations for
which they fly to concentrate on what they do best--save lives. Please
join me in supporting the Volunteer Pilot Organization Protection Act
of 2007.
______
By Mr. LIEBERMAN (for himself, Mr. Smith, Mr. Akaka, Mrs. Boxer,
Mr. Brown, Ms. Cantwell, Mr. Cardin, Mrs. Clinton, Mr. Dodd,
Mr. Durbin, Mr. Feingold, Mr. Kennedy, Mr. Kerry, Mr.
Lautenberg, Mr. Leahy, Mr. Levin, Mrs. Murray, Mr. Obama, Mr.
Schumer, Mr. Whitehouse, and Mr. Wyden):
S. 2521. A bill to provide benefits to domestic partners of Federal
employees; to the Committee on Homeland Security and Governmental
Affairs.
Mr. LIEBERMAN. Mr. President, I rise to urge my colleagues to support
the domestic Partnership Benefits and Obligations Act of 2007, which my
good friend from the other side of the aisle, Senator Smith, and I
introduced last Congress and are introducing again today, along with 19
other cosponsors.
This legislation is another step in the process to make the Federal
Government more competitive in an ever-changing business world. It
would require the Government to extend employee benefit programs to the
same-sex domestic partners of Federal employees. It is sound public
policy and it makes excellent business sense.
Under our bill, Federal employee and the employee's domestic partner
would be eligible to participate in health benefits, Family and Medical
Leave, long-term care, Federal retirement benefits, and other benefits
to the same extent that married employees and their spouses
participate. Employees and their partners would also assume the same
obligations that apply to married employees and their spouses, such as
anti-nepotism rules and financial disclosure requirements.
The Federal Government is our Nation's largest employer and should
lead other employers, rather than lagging behind, in the quest to
provide equal and fair compensation and benefits to all employees. That
thousands of Federal workers who have dedicated their careers to public
service and who live in committed relationships with same-sex domestic
partners receive fewer protections for their families than those
married employees is patently unfair and, frankly, makes no economic
sense.
Just ask the leaders of more than half of the Fortune 500 companies
who already extend employee benefit programs to their employees'
domestic partners. The fact is that most of America's major
corporations now offer health benefits to employees' domestic partners,
up from 25 percent in 2000. Overall, more than 9,700 private-sector
companies provide available benefits to employees' domestic partners,
as do several hundred State and local governments and colleges and
universities.
General Electric, Chevron, Boeing, Texas Instruments, IBM, Raytheon,
BP, Hospital Corporation of America, Lockheed Martin, Duke Energy
Corp., and AT&T are among the major employers that have recognized the
economic benefit of providing for domestic partners. The governments of
13 States--including, I might add, my home State of Connecticut--and
about 145 local jurisdictions across the land, as well as multiple
educational institutions, have joined the trend. They aren't all doing
this just because it is the right thing to do. They are also doing it
because it is good business policy.
Non-federal employers have told surveyors that they extend benefits
to domestic partners to boost recruitment and retain quality
employees--as well as to be fair. The Federal Government needs to
compete against the private sector companies to recruit and retain the
``best and the brightest,'' to safeguard the Nation by serving in
essential areas such as homeland security, national defense, and
environmental protection and to help make sure that American taxpayers
get their money's worth. The Government will always be at a definite
disadvantage in competing for and retaining highly qualified personnel
if it cannot match the domestic-partner benefits programs provided by
leading non-federal employers.
Furthermore, coverage of domestic partners adds very little to the
total cost of providing employee benefits. Based on the experience of
private companies and State and local governments, the Congressional
Budget Office has estimated that offering benefits to the same-sex
domestic partners of Federal employees would increase the cost of those
programs by less than \1/2\ of 1 percent.
Our former ambassador to Romania and Dean of the Foreign Service
Institute recently felt obliged to quit the Foreign Service because the
State Department does not offer the kind of domestic partnership
benefits that this bill would provide. Let me read a line from his
farewell speech. He said, ``. . . I have felt compelled to choose
between obligations to my partner--who is my family--and service to my
country. That anyone should have to make that choice is a stain on the
Secretary's leadership and a shame for this institution and our
country.''
Those are powerful and poignant words, and it is a tragedy that a
loyal and talented public servant--who described the Foreign Service as
the career he was ``born for . . . what I was always meant to do''--
felt he had to leave the Service because his Federal employee benefits
would not enable him to adequately care for the needs of his family.
I call upon my colleagues to express their support for this important
legislation. It is time for the Federal Government to catch up to the
private sector, not just to set an example but so that it can compete
for the most qualified employees and ensure that all of our public
servants receive fair and equitable treatment. It makes good economic
and policy senses. It is the right thing to do.
Mr. President, I ask unanimous consent that the text of the bill and
a bill summary be printed in the Record.
S. 2521
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 ``Domestic Partnership
Benefits and Obligations Act of 2007''.
SEC. 2. BENEFITS TO DOMESTIC PARTNERS OF FEDERAL EMPLOYEES.
(a) In General.--An employee who has a domestic partner and
the domestic partner of the employee shall be entitled to
benefits available to, and shall be subject to obligations
imposed upon, a married employee and the spouse of the
employee.
(b) Certification of Eligibility.--In order to obtain
benefits and assume obligations under this Act, an employee
shall file an affidavit of eligibility for benefits and
obligations with the Office of Personnel Management
identifying the domestic partner of the employee and
certifying that the employee and the domestic partner of the
employee--
(1) are each other's sole domestic partner and intend to
remain so indefinitely;
(2) have a common residence, and intend to continue the
arrangement;
(3) are at least 18 years of age and mentally competent to
consent to contract;
(4) share responsibility for a significant measure of each
other's common welfare and financial obligations;
(5) are not married to or domestic partners with anyone
else;
(6) are same sex domestic partners, and not related in a
way that, if the 2 were of opposite sex, would prohibit legal
marriage in the State in which they reside; and
(7) understand that willful falsification of information
within the affidavit may lead to disciplinary action and the
recovery of the cost of benefits received related to such
falsification and may constitute a criminal violation.
(c) Dissolution of Partnership.--
(1) In general.--An employee or domestic partner of an
employee who obtains benefits under this Act shall file a
statement of dissolution of the domestic partnership with the
Office of Personnel Management not later than 30 days after
the death of the employee or the domestic partner or the date
of dissolution of the domestic partnership.
(2) Death of employee.--In a case in which an employee
dies, the domestic partner of
[[Page S16009]]
the employee at the time of death shall receive under this
Act such benefits as would be received by the widow or
widower of an employee.
(3) Other dissolution of partnership.--
(A) In general.--In a case in which a domestic partnership
dissolves by a method other than death of the employee or
domestic partner of the employee, any benefits received by
the domestic partner as a result of this Act shall terminate.
(B) Exception.--In a case in which a domestic partnership
dissolves by a method other than death of the employee or
domestic partner of the employee, the former domestic partner
of the employee shall be entitled to benefits available to,
and shall be subject to obligations imposed upon, a former
spouse.
(d) Stepchildren.--For purposes of affording benefits under
this Act, any natural or adopted child of a domestic partner
of an employee shall be deemed a stepchild of the employee.
(e) Confidentiality.--Any information submitted to the
Office of Personnel Management under subsection (b) shall be
used solely for the purpose of certifying an individual's
eligibility for benefits under subsection (a).
(f) Regulations and Orders.--
(1) Office of personnel management.--Not later than 6
months after the date of enactment of this Act, the Office of
Personnel Management shall promulgate regulations to
implement section 2 (b) and (c).
(2) Other executive branch regulations.--Not later than 6
months after the date of enactment of this Act, the President
or designees of the President shall promulgate regulations to
implement this Act with respect to benefits and obligations
administered by agencies or other entities of the executive
branch.
(3) Other regulations and orders.--Not later than 6 months
after the date of enactment of this Act, each agency or other
entity or official not within the executive branch that
administers a program providing benefits or imposing
obligations shall promulgate regulations or orders to
implement this Act with respect to the program.
(4) Procedure.--Regulations and orders required under this
subsection shall be promulgated after notice to interested
persons and an opportunity for comment.
(g) Definitions.--In this Act:
(1) Benefits.--The term ``benefits'' means--
(A) health insurance and enhanced dental and vision
benefits, as provided under chapters 89, 89A, and 89B of
title 5, United States Code;
(B) retirement and disability benefits and plans, as
provided under--
(i) chapters 83 and 84 of title 5, United States Code;
(ii) chapter 8 of the Foreign Service Act of 1980 (22
U.S.C. 4041 et seq.); and
(iii) the Central Intelligence Agency Retirement Act of
1964 for Certain Employees (50 U.S.C. chapter 38);
(C) family, medical, and emergency leave, as provided
under--
(i) subchapters III, IV, and V of chapter 63 of title 5,
United States Code;
(ii) the Family and Medical Leave Act of 1993 (29 U.S.C.
2601 et seq.), insofar as that Act applies to the Government
Accountability Office and the Library of Congress;
(iii) section 202 of the Congressional Accountability Act
of 1995 (2 U.S.C. 1312); and
(iv) section 412 of title 3, United States Code;
(D) Federal group life insurance, as provided under chapter
87 of title 5, United States Code;
(E) long-term care insurance, as provided under chapter 90
of title 5, United States Code;
(F) compensation for work injuries, as provided under
chapter 81 of title 5, United States Code;
(G) benefits for disability, death, or captivity, as
provided under--
(i) sections 5569 and 5570 of title 5, United States Code;
(ii) section 413 of the Foreign Service Act of 1980 (22
U.S.C. 3973);
(iii) part L of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796 et seq.), insofar as
that part applies to any employee; and
(H) travel, transportation, and related payments and
benefits, as provided under--
(i) chapter 57 of title 5, United States Code;
(ii) chapter 9 of the Foreign Service Act of 1980 (22
U.S.C. 4081 et seq.); and
(iii) section 1599b of title 10, United States Code; and
(I) any other benefit similar to a benefit described under
subparagraphs (A) through (H) provided by or on behalf of the
United States to any employee.
(2) Domestic partner.--The term ``domestic partner'' means
an adult unmarried person living with another adult unmarried
person of the same sex in a committed, intimate relationship.
(3) Employee.--The term ``employee''--
(A) means an officer or employee of the United States or of
any department, agency, or other entity of the United States,
including the President of the United States, the Vice
President of the United States, a Member of Congress, or a
Federal judge; and
(B) shall not include a member of the uniformed services.
(4) Obligations.--The term ``obligations'' means any duties
or responsibilities with respect to Federal employment that
would be incurred by a married employee or by the spouse of
an employee.
(5) Uniformed services.--The term ``uniformed services''
has the meaning given under section 2101(3) of title 5,
United States Code.
SEC. 3. EFFECTIVE DATE.
This Act including the amendments made by this Act shall--
(1) with respect to the provision of benefits and
obligations, take effect 6 months after the date of enactment
of this Act; and
(2) apply to any individual who is employed as an employee
on or after the date of enactment of this Act.
____
Domestic Partnership Benefits and Obligations Act of 2007
SUMMARY
Under the Domestic Partnership Benefits and Obligations Act
of 2007, federal employees who have same-sex domestic
partners will be entitled to the same employment benefits
that are available to married federal employees and their
spouses. Federal employees and their domestic partners will
also be subject to the same employment-related obligations
that are imposed on married employees and their spouses.
In order to obtain benefits and assume obligations, an
employee must file an affidavit of eligibility with the
Office of Personnel Management (OPM). The employee must
certify that the employee and the employee's same-sex
domestic partner have a common residence, share
responsibility for each other's welfare and financial
responsibilities, are not related by blood, and are living
together in a committed intimate relationship. They must also
certify that, as each other's sole domestic partner, they
intend to remain so indefinitely. If a domestic partnership
dissolves, whether by death of the domestic partner or
otherwise, the employee must file a statement of dissolution
with OPM within 30 days.
Employees and their domestic partners will have the same
benefits as married employees and their spouses under--
Employee health benefits.
Retirement and disability plans.
Family, medical, and emergency leave.
Group life insurance.
Long-term care insurance.
Compensation for work injuries.
Death, disability, and similar benefits.
Relocation, travel, and related expenses.
For purposes of these benefits, any natural or adopted
child of the domestic partner will be treated as a stepchild
of the employee.
The employee and the employee's domestic partner will also
become subject to the same duties and responsibilities with
respect to federal employment that apply to a married
employee and the employee's spouse. These will include, for
example, anti-nepotism rules and financial disclosure
requirements.
The Act will apply with respect to those federal employees
who are employed on the date of enactment or who become
employed on or after that date.
Mr. SMITH. Mr. President, I am very pleased to join my colleague,
Senator Lieberman, today to introduce legislation that will entitle
Federal employees with same-sex domestic partners to the same
employment benefits that are available to married Federal employees and
their spouses and families. Under the Domestic Partnership Benefits and
Obligations Act of 2007, employees and their domestic partners would
have similar access to employee health benefits, retirement, and
disability plans, family medical and emergency leave, group life and
long-term care insurance, compensation for work injuries, death and
disability benefits, and relocation and travel expenses.
More and more American corporations, as well as State and local
governments, are offering domestic partner benefits. Approximately half
of Fortune 500 companies now offer health benefits to employees'
domestic partners. That is up from 25 percent in 2000. In all, more
than 9,700 private companies as well as several hundred State and local
government and universities and colleges offer these benefits.
Private and governmental employers are offering domestic partner
benefits for a variety of reasons. Chief among these reasons are
recruitment and retention of employees. To be competitive, companies
want to attract and retain the best and the brightest in the workforce
regardless of their family status. Offering work-life benefits has been
an important tool to retain valuable employees. In addition, more
employers providing domestic partner benefits may result in a more
stable workforce. If an employee's domestic partner has access to
preventative health care, the employee is less likely to take prolonged
absences from the job to care for their partner.
While all these reasons are meritorious, we introduced this
legislation as a matter of equality. It is just the right thing to do.
The Federal Government should lead by example and that should start
with equal treatment of all employees.
[[Page S16010]]
Recently, a top State Department employee and former Ambassador to
Romania, Michael Guest, announced his decision to leave Government
service. At his retirement ceremony, Ambassador Guest stated, ``Most
departing ambassadors use these events to talk about their successes .
. . But I want to talk about my single failure, the failure that in
fact is causing me to leave the career that I love.'' The failure which
Mike spoke of was his inability to convince the Federal Government to
extend employee benefits to same-sex couples. Because the Federal
Government does not offer domestic partner benefits, Ambassador Guest
explained that he ``felt compelled to choose between obligations to my
partner--who is my family--and service to my country.''
This legislation will help to ensure that no other Federal employee,
like Ambassador Guest, will be faced with a similar dilemma--that is, a
choice between one's family or service to their country.
Mr. LEAHY. Mr. President, I am proud to cosponsor the Domestic
Partnership Benefits and Obligations Act of 2007, being introduced
today by Senators Lieberman and Smith. I cosponsored this legislation
in the last Congress and I am pleased to do so again.
This important legislation would provide domestic partners of Federal
employees the same protections and benefits afforded to spouses of
Federal employees. These benefits, available for both same and
opposite-sex domestic partners of Federal employees, would include
participation in applicable retirement programs, compensation for work
injuries and insurance benefits, including life, Family and Medical
Leave and health insurance.
Equal pay for equal work is a cornerstone of our country's bedrock
principles, and so too should equal access to important benefits.
Insurance benefits, work incentives and retirement options comprise a
significant portion of all employee compensation. By not offering
domestic partnership benefits to its employees, the Federal government
is unfairly withholding these valuable options from dedicated employees
across the country.
The idea that benefits should be extended to same sex couples has
become increasingly prevalent in America's largest and most successful
companies, state and local governments, and in educational
institutions. Over half of all Fortune 500 companies provide domestic
partner benefits to their employees, up from just 25 percent in 2000.
Offering domestic partnership benefits to Federal employees would
improve the quality of its workforce, demonstrate its commitment to
fairness and equality for all Americans, and bring the Government in
line with some of the Nation's largest employers.
Providing benefits to domestic partners of Federal employees is long
overdue. It is the right thing to do, it is the sensible step to take
in the interest of having a fair and consistent policy, and I hope that
the Senate will act quickly on this important legislation.
______
Mr. ROCKEFELLER (for himself, Mr. Lieberman, and Mr. Kerry):
S. 2522. A bill to amend the Social Security Act to guarantee
comprehensive health care coverage for all children born after 2008; to
the Committee on Finance.
Mr. ROCKEFELLER. Mr. President, I rise today to introduce an
important piece of legislation, the MediKids Health Insurance Act of
2007. This legislation will provide health insurance for every child in
the U.S. by 2014, regardless of family income. My long-time friend from
California, Congressman Stark, introduced companion legislation earlier
this year in the House. He has worked tirelessly to improve access to
health care for all Americans, and I am pleased to join him once again
to advocate on behalf of America's children.
This past year, the majority in Congress made it clear that improving
health care access for children was a priority. I proudly worked with
my colleagues in a truly bipartisan fashion to reauthorize and expand
the Children's Health Insurance Program, CHIP, to meet the serious
health care needs of children in a very cost-effective manner. This
legislation, which had the support of Democrats and Republicans in both
chambers of Congress, would have maintained health insurance coverage
for the over 6 million children currently enrolled and expanded health
insurance coverage to an additional 4 million uninsured children.
Unfortunately, the President, in vetoing this legislation not once, but
twice, has shown the nation that providing health insurance to children
is simply not a priority. I am outraged by the President's decision to
veto this legislation multiple times, but I remain committed to making
health insurance a reality for all children.
Congressman Stark and I have introduced our MediKids legislation in
each of the last four Congresses because we know how vital health
insurance is to a child. Children with untreated illnesses are more
likely to miss school, leaving them at a disadvantage both in their
health and education. Also, parents with sick children must miss work
to care for them. These factors make it less likely uninsured children
will move out of poverty and present significant barriers to becoming
productive members of society. We can have a positive impact on our
children's lives today, as well as tomorrow, by guaranteeing health
insurance coverage for all. Children are inexpensive to insure, but the
rewards for providing them with health care during their early
education and development years are invaluable.
Despite the well-documented benefits of providing health insurance
coverage for children, according to the Kaiser Family Foundation, there
are still over 9 million uninsured children in America. We can and must
do better. Our children are our future. No child in this country should
ever be without access to health care. This is why I am proud to
reintroduce the MediKids Health Insurance Act.
This legislation is a clear investment in our future--our children.
Every child would be automatically enrolled at birth into a new,
comprehensive federal safety net health insurance program beginning in
2009. The benefits would be tailored to meet the needs of children and
would be similar to those currently avable to chldren through the
Medicaid Early and Periodic Screening, Diagnosis, and Treatment, EPSDT,
program. Families below 150 percent of poverty would pay no premiums or
copayments, while those between 150 and 300 percent of poverty would
pay graduated premiums up to 5 percent of income and a graduated
refundable tax credit for cost sharing. Families above 300 percent of
poverty would pay a small premium equivalent to \1/4\ of the average
annual cost per child. There would be no cost sharing for preventive or
well-child visits for any child.
MediKids children would remain enrolled in the program throughout
childhood. When families move to another state, Medikids would be
available until parents enroll their children in a new insurance
program. Between jobs or during family crises, Medikids would offer
extra security and ensure continuous health coverage to our Nation's
children. During the critical period when a family climbs out of
poverty and out of the eligibility range for means-tested assistance
programs, MediKids would fill in the gaps as parents move into jobs
that provide reliable health insurance coverage. Our program rests on
the premise that whenever other sources of health insurance fail,
MediKids would stand ready to cover the health needs of our next
generation. Ultimately, every child in America would grow up with
consistent, continuous health insurance coverage.
Like Medicare, MediKids would be independently financed, would cover
benefits taylored to the needs of its target population, and would have
the goal of achieving nearly 100 percent health insurance coverage for
the children of this country just as Medicare has done for our Nation's
seniors and individuals with disabilities throughout its more than 40-
year history. When Congress created Medicare in 1965, seniors were more
likely to be living in poverty than any other age group. Most were
unable to afford needed medical services and unable to find health
insurance in the market even if they could afford it. Today, it is our
Nation's children who shoulder that burden of poverty.
Children in America are nearly twice as vulnerable to poverty as
adults. It is time we make a significant investment
[[Page S16011]]
in the future of America by guaranteeing all children the health
coverage they need to get a healthy start in life.
Congress cannot rest on the success we achieved by expanding Medicaid
and passing the Children's Health Insurance Program. Although each was
a remarkable step toward reducing the ranks of the uninsured,
particularly uninsured children, we still have a long way to go, as is
evidenced by the millions of children who are still uninsured.
It's long past time to rekindle the discussion about how to provide
health insurance for all Americans. Americans have told us loud and
clear that they want leadership in solving the health insurance crisis.
The bill I am introducing today--the MediKids Health Insurance Act of
2007--is a comprehensive approach toward eliminating the irrational and
tragic lack of health insurance for so many children in our country. I
urge my colleagues to 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. 2522
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS; FINDINGS.
(a) Short Title.--This Act may be cited as the ``MediKids
Health Insurance Act of 2007''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents; findings.
Sec. 2. Benefits for all children born after 2008.
``TITLE XXII--MEDIKIDS PROGRAM
``Sec. 2201. Eligibility.
``Sec. 2202. Benefits.
``Sec. 2203. Premiums.
``Sec. 2204. MediKids Trust Fund.
``Sec. 2205. Oversight and accountability.
``Sec. 2206. Inclusion of care coordination services.
``Sec. 2207. Administration and miscellaneous.
Sec. 3. MediKids premium.
Sec. 4. Refundable credit for certain cost-sharing expenses under
MediKids program.
Sec. 5. Report on long-term revenues.
(c) Findings.--Congress finds the following:
(1) More than 9 million American children are uninsured.
(2) Children who are uninsured receive less medical care
and less preventive care and have a poorer level of health,
which result in lifetime costs to themselves and to the
entire American economy.
(3) Although SCHIP and Medicaid are successfully extending
a health coverage safety net to a growing portion of the
vulnerable low-income population of uninsured children, they
alone cannot achieve 100 percent health insurance coverage
for our nation's children due to inevitable gaps during
outreach and enrollment, fluctuations in eligibility,
variations in access to private insurance at all income
levels, and variations in States' ability to provide required
matching funds.
(4) As all segments of society continue to become more
transient, with many changes in employment over the working
lifetime of parents, the need for a reliable safety net of
health insurance which follows children across State lines,
already a major problem for the children of migrant and
seasonal farmworkers, will become a major concern for all
families in the United States.
(5) The medicare program has successfully evolved over the
years to provide a stable, universal source of health
insurance for the nation's disabled and those over age 65,
and provides a tested model for designing a program to reach
out to America's children.
(6) The problem of insuring 100 percent of all American
children could be gradually solved by automatically enrolling
all children born after December 31, 2008, in a program
modeled after Medicare (and to be known as ``MediKids''), and
allowing those children to be transferred into other
equivalent or better insurance programs, including either
private insurance, SCHIP, or Medicaid, if they are eligible
to do so, but maintaining the child's default enrollment in
MediKids for any times when the child's access to other
sources of insurance is lost.
(7) A family's freedom of choice to use other insurers to
cover children would not be interfered with in any way, and
children eligible for SCHIP and Medicaid would continue to be
enrolled in those programs, but the underlying safety net of
MediKids would always be available to cover any gaps in
insurance due to changes in medical condition, employment,
income, or marital status, or other changes affecting a
child's access to alternate forms of insurance.
(8) The MediKids program can be administered without
impacting the finances or status of the existing Medicare
program.
(9) The MediKids benefit package can be tailored to the
special needs of children and updated over time.
(10) The financing of the program can be administered
without difficulty by a yearly payment of affordable premiums
through a family's tax filing (or adjustment of a family's
earned income tax credit).
(11) The cost of the program will gradually rise as the
number of children using MediKids as the insurer of last
resort increases, and a future Congress always can accelerate
or slow down the enrollment process as desired, while the
societal costs for emergency room usage, lost productivity
and work days, and poor health status for the next generation
of Americans will decline.
(12) Over time 100 percent of American children will always
have basic health insurance, and we can therefore expect a
healthier, more equitable, and more productive society.
SEC. 2. BENEFITS FOR ALL CHILDREN BORN AFTER 2008.
(a) In General.--The Social Security Act is amended by
adding at the end the following new title:
``TITLE XXII--MEDIKIDS PROGRAM
``SEC. 2201. ELIGIBILITY.
``(a) Eligibility of Individuals Born After December 31,
2008; All Children Under 23 Years of Age in Fifth Year.--An
individual who meets the following requirements with respect
to a month is eligible to enroll under this title with
respect to such month:
``(1) Age.--
``(A) First year.--As of the first day of the first year in
which this title is effective, the individual has not
attained 6 years of age.
``(B) Second year.--As of the first day of the second year
in which this title is effective, the individual has not
attained 11 years of age.
``(C) Third year.--As of the first day of the third year in
which this title is effective, the individual has not
attained 16 years of age.
``(D) Fourth year.--As of the first day of the fourth year
in which this title is effective, the individual has not
attained 21 years of age.
``(E) Fifth and subsequent years.--As of the first day of
the fifth year in which this title is effective and each
subsequent year, the individual has not attained 23 years of
age.
``(2) Citizenship.--The individual is a citizen or national
of the United States or is permanently residing in the United
States under color of law.
``(b) Enrollment Process.--An individual may enroll in the
program established under this title only in such manner and
form as may be prescribed by regulations, and only during an
enrollment period prescribed by the Secretary consistent with
the provisions of this section. Such regulations shall
provide a process under which--
``(1) individuals who are born in the United States after
December 31, 2008, are deemed to be enrolled at the time of
birth and a parent or guardian of such an individual is
permitted to pre-enroll in the month prior to the expected
month of birth;
``(2) individuals who are born outside the United States
after such date and who become eligible to enroll by virtue
of immigration into (or an adjustment of immigration status
in) the United States are deemed enrolled at the time of
entry or adjustment of status;
``(3) eligible individuals may otherwise be enrolled at
such other times and manner as the Secretary shall specify,
including the use of outstationed eligibility sites as
described in section 1902(a)(55)(A) and the use of
presumptive eligibility provisions like those described in
section 1920A; and
``(4) at the time of automatic enrollment of a child, the
Secretary provides for issuance to a parent or custodian of
the individual a card evidencing coverage under this title
and for a description of such coverage.
The provisions of section 1837(h) apply with respect to
enrollment under this title in the same manner as they apply
to enrollment under part B of title XVIII. An individual who
is enrolled under this title is not eligible to be enrolled
under an MA or MA-PD plan under part C of title XVIII.
``(c) Date Coverage Begins.--
``(1) In general.--The period during which an individual is
entitled to benefits under this title shall begin as follows,
but in no case earlier than January 1, 2009:
``(A) In the case of an individual who is enrolled under
paragraph (1) or (2) of subsection (b), the date of birth or
date of obtaining appropriate citizenship or immigration
status, as the case may be.
``(B) In the case of another individual who enrolls
(including pre-enrolls) before the month in which the
individual satisfies eligibility for enrollment under
subsection (a), the first day of such month of eligibility.
``(C) In the case of another individual who enrolls during
or after the month in which the individual first satisfies
eligibility for enrollment under such subsection, the first
day of the following month.
``(2) Authority to provide for partial months of
coverage.--Under regulations, the Secretary may, in the
Secretary's discretion, provide for coverage periods that
include portions of a month in order to avoid lapses of
coverage.
``(3) Limitation on payments.--No payments may be made
under this title with respect to the expenses of an
individual enrolled under this title unless such expenses
were incurred by such individual during a period which, with
respect to the individual, is a coverage period under this
section.
``(d) Expiration of Eligibility.--An individual's coverage
period under this section
[[Page S16012]]
shall continue until the individual's enrollment has been
terminated because the individual no longer meets the
requirements of subsection (a) (whether because of age or
change in immigration status).
``(e) Entitlement to MediKids Benefits for Enrolled
Individuals.--An individual enrolled under this title is
entitled to the benefits described in section 2202.
``(f) Low-Income Information.--
``(1) Inquiry of income.--At the time of enrollment of a
child under this title, the Secretary shall make an inquiry
as to whether the family income (as determined for purposes
of section 1905(p)) of the family that includes the child is
within any of the following income ranges:
``(A) Up to 150 percent of poverty.--The income of the
family does not exceed 150 percent of the poverty line for a
family of the size involved.
``(B) Between 150 and 200 percent of poverty.--The income
of the family exceeds 150 percent, but does not exceed 200
percent, of such poverty line.
``(C) Between 200 and 300 percent of poverty.--The income
of the family exceeds 200 percent, but does not exceed 300
percent, of such poverty line.
``(2) Coding.--If the family income is within a range
described in paragraph (1), the Secretary shall encode in the
identification card issued in connection with eligibility
under this title a code indicating the range applicable to
the family of the child involved.
``(3) Provider verification through electronic system.--The
Secretary also shall provide for an electronic system through
which providers may verify which income range described in
paragraph (1), if any, is applicable to the family of the
child involved.
``(g) Construction.--Nothing in this title shall be
construed as requiring (or preventing) an individual who is
enrolled under this title from seeking medical assistance
under a State medicaid plan under title XIX or child health
assistance under a State child health plan under title XXI.
``SEC. 2202. BENEFITS.
``(a) Secretarial Specification of Benefit Package.--
``(1) In general.--The Secretary shall specify the benefits
to be made available under this title consistent with the
provisions of this section and in a manner designed to meet
the health needs of enrollees.
``(2) Updating.--The Secretary shall update the
specification of benefits over time to ensure the inclusion
of age-appropriate benefits to reflect the enrollee
population.
``(3) Annual updating.--The Secretary shall establish
procedures for the annual review and updating of such
benefits to account for changes in medical practice, new
information from medical research, and other relevant
developments in health science.
``(4) Input.--The Secretary shall seek the input of the
pediatric community in specifying and updating such benefits.
``(5) Limitation on updating.--In no case shall updating of
benefits under this subsection result in a failure to provide
benefits required under subsection (b).
``(b) Inclusion of Certain Benefits.--
``(1) Medicare core benefits.--Such benefits shall include
(to the extent consistent with other provisions of this
section) at least the same benefits (including coverage,
access, availability, duration, and beneficiary rights) that
are available under parts A and B of title XVIII.
``(2) All required medicaid benefits.--Such benefits shall
also include all items and services for which medical
assistance is required to be provided under section
1902(a)(10)(A) to individuals described in such section,
including early and periodic screening, diagnostic services,
and treatment services.
``(3) Inclusion of prescription drugs.--Such benefits also
shall include (as specified by the Secretary) benefits for
prescription drugs and biologicals which are not less than
the benefits for such drugs and biologicals under the
standard option for the service benefit plan described in
section 8903(1) of title 5, United States Code, offered
during 2007.
``(4) Cost-sharing.--
``(A) In general.--Subject to subparagraph (B), such
benefits also shall include the cost-sharing (in the form of
deductibles, coinsurance, and copayments) which is
substantially similar to such cost-sharing under the health
benefits coverage in any of the four largest health benefits
plans (determined by enrollment) offered under chapter 89 of
title 5, United States Code, and including an out-of-pocket
limit for catastrophic expenditures for covered benefits,
except that no cost-sharing shall be imposed with respect to
early and periodic screening and diagnostic services included
under paragraph (2).
``(B) Reduced cost-sharing for low income children.--Such
benefits shall provide that--
``(i) there shall be no cost-sharing for children in
families the income of which is within the range described in
section 2201(f)(1)(A);
``(ii) the cost-sharing otherwise applicable shall be
reduced by 75 percent for children in families the income of
which is within the range described in section 2201(f)(1)(B);
or
``(iii) the cost-sharing otherwise applicable shall be
reduced by 50 percent for children in families the income of
which is within the range described in section 2201(f)(1)(C).
``(C) Catastrophic limit on cost-sharing.--For a refundable
credit for cost-sharing in the case of cost-sharing in excess
of a percentage of the individual's adjusted gross income,
see section 36 of the Internal Revenue Code of 1986.
``(c) Payment Schedule.--The Secretary, with the assistance
of the Medicare Payment Advisory Commission, shall develop
and implement a payment schedule for benefits covered under
this title. To the extent feasible, such payment schedule
shall be consistent with comparable payment schedules and
reimbursement methodologies applied under parts A and B of
title XVIII.
``(d) Input.--The Secretary shall specify such benefits and
payment schedules only after obtaining input from appropriate
child health providers and experts.
``(e) Enrollment in Health Plans.--The Secretary shall
provide for the offering of benefits under this title through
enrollment in a health benefit plan that meets the same (or
similar) requirements as the requirements that apply to
Medicare Advantage plans under part C of title XVIII (other
than any such requirements that relate to part D of such
title). In the case of individuals enrolled under this title
in such a plan, the payment rate shall be based on payment
rates provided for under section 1853(c) in effect before the
date of the enactment of the Medicare Prescription Drug,
Modernization, and Improvement Act of 2003 (Public Law 108-
173), except that such payment rates shall be adjusted in an
appropriate manner to reflect differences between the
population served under this title and the population under
title XVIII.
``SEC. 2203. PREMIUMS.
``(a) Amount of Monthly Premiums.--
``(1) In general.--The Secretary shall, during September of
each year (beginning with 2008), establish a monthly MediKids
premium for the following year. Subject to paragraph (2), the
monthly MediKids premium for a year is equal to \1/12\ of the
annual premium rate computed under subsection (b).
``(2) Elimination of monthly premium for demonstration of
equivalent coverage (including coverage under low-income
programs).--The amount of the monthly premium imposed under
this section for an individual for a month shall be zero in
the case of an individual who demonstrates to the
satisfaction of the Secretary that the individual has basic
health insurance coverage for that month. For purposes of the
previous sentence enrollment in a medicaid plan under title
XIX, a State child health insurance plan under title XXI, or
under the medicare program under title XVIII is deemed to
constitute basic health insurance coverage described in such
sentence.
``(b) Annual Premium.--
``(1) National per capita average.--The Secretary shall
estimate the average, annual per capita amount that would be
payable under this title with respect to individuals residing
in the United States who meet the requirement of section
2201(a)(1) as if all such individuals were eligible for (and
enrolled) under this title during the entire year (and
assuming that section 1862(b)(2)(A)(i) did not apply).
``(2) Annual premium.--Subject to subsection (d), the
annual premium under this subsection for months in a year is
equal to 25 percent of the average, annual per capita amount
estimated under paragraph (1) for the year.
``(c) Payment of Monthly Premium.--
``(1) Period of payment.--In the case of an individual who
participates in the program established by this title,
subject to subsection (d), the monthly premium shall be
payable for the period commencing with the first month of the
individual's coverage period and ending with the month in
which the individual's coverage under this title terminates.
``(2) Collection through tax return.--For provisions
providing for the payment of monthly premiums under this
subsection, see section 59B of the Internal Revenue Code of
1986.
``(3) Protections against fraud and abuse.--The Secretary
shall develop, in coordination with States and other health
insurance issuers, administrative systems to ensure that
claims which are submitted to more than one payor are
coordinated and duplicate payments are not made.
``(d) Reduction in Premium for Certain Low-Income
Families.--For provisions reducing the premium under this
section for certain low-income families, see section 59B(d)
of the Internal Revenue Code of 1986.
``SEC. 2204. MEDIKIDS TRUST FUND.
``(a) Establishment of Trust Fund.--
``(1) In general.--There is hereby created on the books of
the Treasury of the United States a trust fund to be known as
the `MediKids Trust Fund' (in this section referred to as the
`Trust Fund'). The Trust Fund shall consist of such gifts and
bequests as may be made as provided in section 201(i)(1) and
such amounts as may be deposited in, or appropriated to, such
fund as provided in this title.
``(2) Premiums.--Premiums collected under section 59B of
the Internal Revenue Code of 1986 shall be periodically
transferred to the Trust Fund.
``(3) Transitional funding before receipt of premiums.--In
order to provide for funds in the Trust Fund to cover
expenditures from the fund in advance of receipt of premiums
under section 2203, there are transferred to the Trust Fund
from the general fund of the United States Treasury such
amounts as may be necessary.
[[Page S16013]]
``(b) Incorporation of Provisions.--
``(1) In general.--Subject to paragraph (2), subsection (b)
(other than the last sentence) and subsections (c) through
(i) of section 1841 shall apply with respect to the Trust
Fund and this title in the same manner as they apply with
respect to the Federal Supplementary Medical Insurance Trust
Fund and part B, respectively.
``(2) Miscellaneous references.--In applying provisions of
section 1841 under paragraph (1)--
``(A) any reference in such section to `this part' is
construed to refer to title XXII;
``(B) any reference in section 1841(h) to section 1840(d)
and in section 1841(i) to sections 1840(b)(1) and 1842(g) are
deemed references to comparable authority exercised under
this title;
``(C) payments may be made under section 1841(g) to the
Trust Funds under sections 1817 and 1841 as reimbursement to
such funds for payments they made for benefits provided under
this title; and
``(D) the Board of Trustees of the MediKids Trust Fund
shall be the same as the Board of Trustees of the Federal
Supplementary Medical Insurance Trust Fund.
``SEC. 2205. OVERSIGHT AND ACCOUNTABILITY.
``(a) Periodic GAO Reports.--The Comptroller General of the
United States shall periodically submit to Congress reports
on the operation of the program under this title, including
on the financing of coverage provided under this title.
``(b) Periodic MedPAC Reports.--The Medicare Payment
Advisory Commission shall periodically report to Congress
concerning the program under this title.
``SEC. 2206. INCLUSION OF CARE COORDINATION SERVICES.
``(a) In General.--
``(1) Program authority.--The Secretary, beginning in 2009,
may implement a care coordination services program in
accordance with the provisions of this section under which,
in appropriate circumstances, eligible individuals under
section 2201 may elect to have health care services covered
under this title managed and coordinated by a designated care
coordinator.
``(2) Administration by contract.--The Secretary may
administer the program under this section through a contract
with an appropriate program administrator.
``(3) Coverage.--Care coordination services furnished in
accordance with this section shall be treated under this
title as if they were included in the definition of medical
and other health services under section 1861(s) and benefits
shall be available under this title with respect to such
services without the application of any deductible or
coinsurance.
``(b) Eligibility Criteria; Identification and Notification
of Eligible Individuals.--
``(1) Individual eligibility criteria.--The Secretary shall
specify criteria to be used in making a determination as to
whether an individual may appropriately be enrolled in the
care coordination services program under this section, which
shall include at least a finding by the Secretary that for
cohorts of individuals with characteristics identified by the
Secretary, professional management and coordination of care
can reasonably be expected to improve processes or outcomes
of health care and to reduce aggregate costs to the programs
under this title.
``(2) Procedures to facilitate enrollment.--The Secretary
shall develop and implement procedures designed to facilitate
enrollment of eligible individuals in the program under this
section.
``(c) Enrollment of Individuals.--
``(1) Secretary's determination of eligibility.--The
Secretary shall determine the eligibility for services under
this section of individuals who are enrolled in the program
under this section and who make application for such services
in such form and manner as the Secretary may prescribe.
``(2) Enrollment period.--
``(A) Effective date and duration.--Enrollment of an
individual in the program under this section shall be
effective as of the first day of the month following the
month in which the Secretary approves the individual's
application under paragraph (1), shall remain in effect for
one month (or such longer period as the Secretary may
specify), and shall be automatically renewed for additional
periods, unless terminated in accordance with such procedures
as the Secretary shall establish by regulation. Such
procedures shall permit an individual to disenroll for cause
at any time and without cause at re-enrollment intervals.
``(B) Limitation on reenrollment.--The Secretary may
establish limits on an individual's eligibility to reenroll
in the program under this section if the individual has
disenrolled from the program more than once during a
specified time period.
``(d) Program.--The care coordination services program
under this section shall include the following elements:
``(1) Basic care coordination services.--
``(A) In general.--Subject to the cost-effectiveness
criteria specified in subsection (b)(1), except as otherwise
provided in this section, enrolled individuals shall receive
services described in section 1905(t)(1) and may receive
additional items and services as described in subparagraph
(B).
``(B) Additional benefits.--The Secretary may specify
additional benefits for which payment would not otherwise be
made under this title that may be available to individuals
enrolled in the program under this section (subject to an
assessment by the care coordinator of an individual's
circumstance and need for such benefits) in order to
encourage enrollment in, or to improve the effectiveness of,
such program.
``(2) Care coordination requirement.--Notwithstanding any
other provision of this title, the Secretary may provide that
an individual enrolled in the program under this section may
be entitled to payment under this title for any specified
health care items or services only if the items or services
have been furnished by the care coordinator, or coordinated
through the care coordination services program. Under such
provision, the Secretary shall prescribe exceptions for
emergency medical services as described in section
1852(d)(3), and other exceptions determined by the Secretary
for the delivery of timely and needed care.
``(e) Care Coordinators.--
``(1) Conditions of participation.--In order to be
qualified to furnish care coordination services under this
section, an individual or entity shall--
``(A) be a health care professional or entity (which may
include physicians, physician group practices, or other
health care professionals or entities the Secretary may find
appropriate) meeting such conditions as the Secretary may
specify;
``(B) have entered into a care coordination agreement; and
``(C) meet such criteria as the Secretary may establish
(which may include experience in the provision of care
coordination or primary care physician's services).
``(2) Agreement term; payment.--
``(A) Duration and renewal.--A care coordination agreement
under this subsection shall be for one year and may be
renewed if the Secretary is satisfied that the care
coordinator continues to meet the conditions of participation
specified in paragraph (1).
``(B) Payment for services.--The Secretary may negotiate or
otherwise establish payment terms and rates for services
described in subsection (d)(1).
``(C) Liability.--Care coordinators shall be subject to
liability for actual health damages which may be suffered by
recipients as a result of the care coordinator's decisions,
failure or delay in making decisions, or other actions as a
care coordinator.
``(D) Terms.--In addition to such other terms as the
Secretary may require, an agreement under this section shall
include the terms specified in subparagraphs (A) through (C)
of section 1905(t)(3).
``SEC. 2207. ADMINISTRATION AND MISCELLANEOUS.
``(a) In General.--Except as otherwise provided in this
title--
``(1) the Secretary shall enter into appropriate contracts
with providers of services, other health care providers,
carriers, and fiscal intermediaries, taking into account the
types of contracts used under title XVIII with respect to
such entities, to administer the program under this title;
``(2) beneficiary protections for individuals enrolled
under this title shall not be less than the beneficiary
protections (including limits on balance billing) provided
medicare beneficiaries under title XVIII;
``(3) benefits described in section 2202 that are payable
under this title to such individuals shall be paid in a
manner specified by the Secretary (taking into account, and
based to the greatest extent practicable upon, the manner in
which they are provided under title XVIII); and
``(4) provider participation agreements under title XVIII
shall apply to enrollees and benefits under this title in the
same manner as they apply to enrollees and benefits under
title XVIII.
``(b) Coordination With Medicaid and SCHIP.--
Notwithstanding any other provision of law, individuals
entitled to benefits for items and services under this title
who also qualify for benefits under title XIX or XXI or any
other Federally funded health care program that provides
basic health insurance coverage described in section
2203(a)(2) may continue to qualify and obtain benefits under
such other title or program, and in such case such an
individual shall elect either--
``(1) such other title or program to be primary payor to
benefits under this title, in which case no benefits shall be
payable under this title and the monthly premium under
section 2203 shall be zero; or
``(2) benefits under this title shall be primary payor to
benefits provided under such title or program, in which case
the Secretary shall enter into agreements with States as may
be appropriate to provide that, in the case of such
individuals, the benefits under titles XIX and XXI or such
other program (including reduction of cost-sharing) are
provided on a `wrap-around' basis to the benefits under this
title.''.
(b) Conforming Amendments to Social Security Act
Provisions.--
(1) Section 201(i)(1) of the Social Security Act (42 U.S.C.
401(i)(1)) is amended by striking ``or the Federal
Supplementary Medical Insurance Trust Fund'' and inserting
``the Federal Supplementary Medical Insurance Trust Fund, and
the MediKids Trust Fund''.
(2) Section 201(g)(1)(A) of such Act (42 U.S.C.
401(g)(1)(A)) is amended by striking ``and the Federal
Supplementary Medical Insurance Trust Fund established by
title XVIII'' and inserting ``, the Federal Supplementary
Medical Insurance Trust Fund, and the MediKids Trust Fund
established by title XVIII''.
(c) Maintenance of Medicaid Eligibility and Benefits for
Children.--
[[Page S16014]]
(1) In general.--In order for a State to continue to be
eligible for payments under section 1903(a) of the Social
Security Act (42 U.S.C. 1396b(a))--
(A) the State may not reduce standards of eligibility, or
benefits, provided under its State medicaid plan under title
XIX of the Social Security Act or under its State child
health plan under title XXI of such Act for individuals under
23 years of age below such standards of eligibility, and
benefits, in effect on the date of the enactment of this Act;
and
(B) the State shall demonstrate to the satisfaction of the
Secretary of Health and Human Services that any savings in
State expenditures under title XIX or XXI of the Social
Security Act that results from children enrolling under title
XXII of such Act shall be used in a manner that improves
services to beneficiaries under title XIX of such Act, such
as through expansion of eligibility, improved nurse and nurse
aide staffing and improved inspections of nursing facilities,
and coverage of additional services.
(2) Medikids as primary payor.--In applying title XIX of
the Social Security Act, the MediKids program under title
XXII of such Act shall be treated as a primary payor in cases
in which the election described in section 2207(b)(2) of such
Act, as added by subsection (a), has been made.
(d) Expansion of Medpac Membership to 19.--
(1) In general.--Section 1805(c) of the Social Security Act
(42 U.S.C. 1395b-6(c)) is amended--
(A) in paragraph (1), by striking ``17'' and inserting
``19''; and
(B) in paragraph (2)(B), by inserting ``experts in
children's health,'' after ``other health professionals,''.
(2) Initial terms of additional members.--
(A) In general.--For purposes of staggering the initial
terms of members of the Medicare Payment Advisory Commission
under section 1805(c)(3) of the Social Security Act (42
U.S.C. 1395b-6(c)(3)), the initial terms of the 2 additional
members of the Commission provided for by the amendment under
subsection (a)(1) are as follows:
(i) One member shall be appointed for 1 year.
(ii) One member shall be appointed for 2 years.
(B) Commencement of terms.--Such terms shall begin on
January 1, 2008.
(3) Duties.--Section 1805(b)(1)(A) of such Act (42 U.S.C.
1395b-6(b)(1)(A)) is amended by inserting before the
semicolon at the end the following: ``and payment policies
under title XXII''.
SEC. 3. MEDIKIDS PREMIUM.
(a) General Rule.--Subchapter A of chapter 1 of the
Internal Revenue Code of 1986 (relating to determination of
tax liability) is amended by adding at the end the following
new part:
``PART VIII--MEDIKIDS PREMIUM
``Sec. 59B. MediKids premium.
``SEC. 59B. MEDIKIDS PREMIUM.
``(a) Imposition of Tax.--In the case of a taxpayer to whom
this section applies, there is hereby imposed (in addition to
any other tax imposed by this subtitle) a MediKids premium
for the taxable year.
``(b) Individuals Subject to Premium.--
``(1) In general.--This section shall apply to a taxpayer
if a MediKid is a dependent of the taxpayer for the taxable
year.
``(2) Medikid.--For purposes of this section, the term
`MediKid' means any individual enrolled in the MediKids
program under title XXII of the Social Security Act.
``(c) Amount of Premium.--For purposes of this section, the
MediKids premium for a taxable year is the sum of the monthly
premiums (for months in the taxable year) determined under
section 2203 of the Social Security Act with respect to each
MediKid who is a dependent of the taxpayer for the taxable
year.
``(d) Exceptions Based on Adjusted Gross Income.--
``(1) Exemption for very low-income taxpayers.--
``(A) In general.--No premium shall be imposed by this
section on any taxpayer having an adjusted gross income not
in excess of the exemption amount.
``(B) Exemption amount.--For purposes of this paragraph,
the exemption amount is--
``(i) $20,535 in the case of a taxpayer having 1 MediKid,
``(ii) $25,755 in the case of a taxpayer having 2 MediKids,
``(iii) $30,975 in the case of a taxpayer having 3
MediKids, and
``(iv) $35,195 in the case of a taxpayer having 4 or more
MediKids.
``(C) Phaseout of exemption.--In the case of a taxpayer
having an adjusted gross income which exceeds the exemption
amount but does not exceed twice the exemption amount, the
premium shall be the amount which bears the same ratio to the
premium which would (but for this subparagraph) apply to the
taxpayer as such excess bears to the exemption amount.
``(D) Inflation adjustment of exemption amounts.--In the
case of any taxable year beginning in a calendar year after
2009, each dollar amount contained in subparagraph (C) shall
be increased by an amount equal to the product of--
``(i) such dollar amount, and
``(ii) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year in which the taxable
year begins, determined by substituting `calendar year 2008'
for `calendar year 1992' in subparagraph (B) thereof.
If any increase determined under the preceding sentence is
not a multiple of $50, such increase shall be rounded to the
nearest multiple of $50.
``(2) Premium limited to 5 percent of adjusted gross
income.--In no event shall any taxpayer be required to pay a
premium under this section in excess of an amount equal to 5
percent of the taxpayer's adjusted gross income.
``(e) Coordination With Other Provisions.--
``(1) Not treated as medical expense.--For purposes of this
chapter, any premium paid under this section shall not be
treated as expense for medical care.
``(2) Not treated as tax for certain purposes.--The premium
paid under this section shall not be treated as a tax imposed
by this chapter for purposes of determining--
``(A) the amount of any credit allowable under this
chapter, or
``(B) the amount of the minimum tax imposed by section 55.
``(3) Treatment under subtitle f.--For purposes of subtitle
F, the premium paid under this section shall be treated as if
it were a tax imposed by section 1.''.
(b) Technical Amendments.--
(1) Subsection (a) of section 6012 of such Code is amended
by inserting after paragraph (9) the following new paragraph:
``(10) Every individual liable for a premium under section
59B.''.
(2) The table of parts for subchapter A of chapter 1 of
such Code is amended by adding at the end the following new
item:
``Part VIII. MediKids Premium''.
(c) Effective Date.--The amendments made by this section
shall apply to months beginning after December 2008, in
taxable years ending after such date.
SEC. 4. REFUNDABLE CREDIT FOR CERTAIN COST-SHARING EXPENSES
UNDER MEDIKIDS PROGRAM.
(a) In General.--Subpart C of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 (relating to
refundable credits) is amended by redesignating section 36 as
section 37 and by inserting after section 35 the following
new section:
``SEC. 36. CATASTROPHIC LIMIT ON COST-SHARING EXPENSES UNDER
MEDIKIDS PROGRAM.
``(a) In General.--In the case of a taxpayer who has a
MediKid (as defined in section 59B) at any time during the
taxable year, there shall be allowed as a credit against the
tax imposed by this subtitle an amount equal to the excess
of--
``(1) the amount paid by the taxpayer during the taxable
year as cost-sharing under section 2202(b)(4) of the Social
Security Act, over
``(2) 5 percent of the taxpayer's adjusted gross income for
the taxable year.''.
(b) Coordination With Other Provisions.--The excess
described in subsection (a) shall not be taken into account
in computing the amount allowable to the taxpayer as a
deduction under section 162(l) or 213(a).
(c) Technical Amendments.--
(1) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of such Code is amended by
redesignating the item relating to section 36 as an item
relating to section 37 and by inserting before such item the
following new item:
``Sec. 36. Catastrophic limit on cost-sharing expenses under MediKids
program.''.
(2) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting ``, 36,'' after
``section 35''.
(d) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2008.
SEC. 5. REPORT ON LONG-TERM REVENUES.
Within one year after the date of the enactment of this
Act, the Secretary of the Treasury shall propose a gradual
schedule of progressive tax changes to fund the program under
title XXII of the Social Security Act, as the number of
enrollees grows in the out-years.
______
By Mr. KERRY (for himself, Ms. Snowe, Mr. Sanders, Mr. Domenici,
Mr. Schumer, Ms. Collins, Mr. Kennedy, and Mr. Reed):
S. 2523. A bill to establish the National Affordable Housing Trust
Fund in the Treasury of the United States to provide for the
construction, rehabilitation, and preservation of decent, safe, and
affordable housing for low-income families; to the Committee on
Banking, Housing, and Urban Affairs.
Mr. KERRY. Mr. President, while we are facing new difficulties in the
mortgage and subprime markets, we cannot forget the ongoing and
deepening crisis that affordable rental housing presents for our
Nation. Long-term changes in the housing market have dramatically
limited the availability of affordable rental housing across the
country and have severely increased the cost of rental housing that
remains. As a result, more and more families are forced to pay more
than 50 percent of their income for housing. In 2005, a record 37.3
million households paid more than 30 percent of their income on housing
costs, according to the Nation's Housing 2007 Report from the Joint
Center
[[Page S16015]]
for Housing Studies at Harvard University. Approximately 17 million
families paid more than half of their incomes on housing costs. This is
unacceptable. Our Nation must act to ease this rental housing crisis by
producing more affordable housing options.
We can no longer ignore the lack of affordable housing and the impact
it is having on families and children around the country. I believe it
is time for our Nation to take a new path--one that insures that all
Americans, especially our poorest children, have the opportunity to
live in decent and safe housing.
Housing construction is a critical part of our economy.
Unfortunately, just yesterday the Commerce Department reported that
construction of new homes dropped by 5.5 percent last month, the lowest
level since April 1991. The overall construction decline left home
building 24.2 percent below the level of activity a year ago.
Residential construction has seen the largest share of job losses, more
than 192,000 since March 2006.
The question is, what do we do today to face--and to finance--this
mounting challenge?
In September 2000, I wrote and introduced the original National
Affordable Housing Trust Fund legislation. Today, along with Senator
Snowe, I am again proposing to address the severe shortage of
affordable housing by introducing legislation that will establish a
National Affordable Housing Trust Fund and begin a rental housing
production program.
The Affordable Housing Trust Fund that is established in this
legislation would create a production program that will ensure 1.5
million new rental units are built over the next 10 years for extremely
low-income families and working families. The goal is to create long-
term affordable, mixed-income developments in areas with the greatest
opportunities for low-income families. Sixty percent of Trust Fund
assistance will be awarded to participating local jurisdictions. Forty
percent of Trust Fund assistance will be awarded to States, Indian
Tribes and insular areas. A proportionate amount of funds to the States
must go to rural areas. If the total amount available for the Trust
Fund is less than $2 billion, then there is a $750,000 minimum funding
threshold for local jurisdictions.
All funding from the Trust Fund must be used for low-income families,
defined as those families with incomes below 80 percent of the State or
local median income. However, if the funding for the trust fund is less
than $2 billion for any year, then the income ceiling is reduced to 60
percent of local median income.
The funding from the Trust Fund can be used for construction,
rehabilitation, acquisition, preservation incentives, and operating
assistance to ease the affordable housing crisis. Funds can also be
used for downpayment and closing cost assistance by first time
homebuyers.
The Trust Fund will be funded through amounts transferred from the
Federal National Mortgage Association and the Federal Home Loan
Mortgage Corporation under Title XIII of the Housing and Community
Development Act of 1992. It will also be funded through any amounts
appropriated under the authorization in the Expanding American
Homeownership Act of 2007, relating to the use of FHA savings for an
affordable housing grant program. Finally, the Trust Fund will be
funded through any amounts as are or may be appropriated, transferred
or credited to such fund under any other provisions of law.
The National Affordable Housing Trust Fund bill is cosponsored by a
bipartisan group of Senators. Earlier this year, the House of
Representatives passed legislation, introduced by House Financial
Services Chairman Barney Frank, to establish a National Affordable
Housing Trust Fund by a 264-148 vote. It has been endorsed by more than
5,700 community organizations led by the National Low-Income Housing
Coalition and including the National Association of Realtors, the
National Association of Home Builders, Children's Defense Fund, U.S.
Conference of Mayors, National Coalition for the Homeless, and others.
I am pleased that Senator Reed, within the Government Sponsored
Enterprise Mission Improvement Act, included legislative language
within the Affordable Housing Block Grant section to provide grants to
an Affordable Housing Trust Fund.
Enacting the National Affordable Housing Trust Fund will help reverse
the recent declines in housing jobs, starts, permits and construction
in every State. It will help small businesses across the Nation
continue to produce the jobs that are critical to our economic security
today and in the future.
During this time of rising rents, increased housing costs, and the
loss of affordable housing units, it is incomprehensible that we are
not doing more to increase the amount of housing assistance available
to working families. The need for affordable housing is severe. Many
working families have been unable to keep up with the increase in
housing costs. In 2005, one in seven households was considered to be
``severely housing cost burdened.''
For too many low-income families and their children, the cost of
privately owned rental housing is simply out of reach. Today, working
families in this country increasingly find themselves unable to afford
housing. According to the National Low-Income Housing Coalition, in
Massachusetts, the fair market rent for a two-bedroom apartment is
almost $1,200 per month. In order to afford this apartment without
paying more than 30 percent of income on housing, a household must earn
over $47,000 per year. This means teachers, janitors, social workers,
police officers and other full-time workers are having trouble
affording even a modest two-bedroom apartment.
The cost of rental housing keeps going up. According to the Consumer
Price Index, CPI, contract rents began to rise above the rate of
inflation in 1997 and have continued every year since. Rental costs
have outpaced renter income gains for households across the board. Low
wage workers have been hardest hit by the increase in the cost of
rental housing.
Because of the lack of affordable housing, too many families are
forced to live in substandard living conditions putting their children
at risk. Children living in substandard housing are more likely to
experience violence, hunger, lead poisoning and to suffer from
infectious diseases such as asthma. They are more likely to have
difficulties learning and more likely to fall behind in school. Our
Nation's children depend upon access to affordable rental housing.
At the same time the cost of rental housing has been increasing,
there has been a significant decrease in the number of affordable
rental housing units. According to Real Capital Analytics, the number
of rentals in larger multifamily properties converted to for-sale units
jumped from just a few thousand in 2003 to 235,000 in 2005. New
construction of multifamily buildings intended for rental use dipped
from 262,000 units in 2003 to 184,000 in 2006. Simultaneously, the
number of renter households increased by 1.2 million. The decline in
affordable rental units has already forced many working families
eligible for Section 8 vouchers in Boston to live outside the city
because there are no available rental housing units that accept
vouchers.
The loss of affordable housing has exacerbated the housing crisis in
this country, and the Federal Government must take action. We need to
enact the National Affordable Housing Trust Fund to jumpstart the
production of affordable housing in the U.S.
Decent housing, along with neighborhood and living environment, play
enormous roles in shaping young lives. Federal housing assistance over
the past generation has helped millions of low-income children across
the Nation and has helped in developing stable home environments.
However, changes in the housing market clearly show that we need to
take additional steps to both produce and maintain affordable housing
units. Otherwise, many more children and their families will live in
substandard housing or will become homeless. These children are less
likely to do well in school and less likely to be productive citizens.
They deserve our best efforts and require our help.
I ask all Senators to support the National Affordable Housing Trust
Fund Act.
______
By Mr. FEINGOLD:
S. 2527. A bill to prohibit the obligation or expenditure of funds
for the Osprey tiltrotor aircraft; to the Committee on Appropriations.
[[Page S16016]]
Mr. FEINGOLD. Mr. President, today I am introducing legislation to
rescind funds appropriated for the procurement of the V-22 and CV-22
Osprey. This aircraft has been the subject of significant controversy
because of safety, technical, and cost problems. In 1991, then-
Secretary Dick Cheney tried to cancel the program altogether. I have
long advocated for more extensive testing of the aircraft to evaluate
design defects that render the Osprey unstable and technical problems
that have already cost the lives of 30 servicemembers. New problems
were discovered as recently as June 2007.
I appreciate that the military is in need of additional helicopters,
particularly as a result of the high operational tempo in Iraq and
Afghanistan. Given the fact that the Osprey costs significantly more
than other aircraft that can meet the same need, I believe we should
shift to a safer, more economic program.
This bill would rescind funds appropriated for the program through
2008. That includes $2.8 billion in previously appropriated but
unobligated funds and $2.9 billion in funds appropriated for fiscal
year 08. The Defense Department estimates it will spend an additional
$28.6 billion to purchase a total of 458 Osprey through 2018. Ending
this troubled program could produce savings of over $34.3 billion.
______
By Mr. MENENDEZ:
S. 2528. A bill to authorize guarantees for bonds and notes issued
for community or economic development purposes; to the Committee on
Banking, Housing, and Urban Affairs.
Mr. MENENDEZ. Mr. President, I rise today to introduce the Full Faith
& Credit in Our Communities Act of 2007. Strong communities form the
bedrock of a successful economy and ultimately, a healthy society. For
communities to be strong and families to prosper, there must be
economic opportunity. Economic opportunity, in turn, depends on access
to capital. Unfortunately, many communities across our Nation lack this
fundamental tool for financial prosperity and self-sufficiency.
We must provide economic opportunity not only today, but also lay the
groundwork so that future generations can thrive and prosper, and we
must do it in a way that fosters real and permanent change rather than
short-term solutions. We cannot simply rely on short-term band aids
that serve to only mask the vast inequalities in income and
unacceptable levels of poverty that plague our Nation. We must invest
in our Nation's future. We must close the wealth gaps that are growing
wider each day in this country by investing in our citizens and closing
the opportunity gap. We must invest in entrepreneurship, ownership, and
economic growth--but we must do so in a fiscally responsible manner.
Federal resources are scarce. We must focus our efforts and invest in
successful programs that give us the biggest bang for our buck. CDFIs
have a history of prudently using scarce public funds to leverage
additional private funding to finance emerging domestic markets. They
are able to lend successfully in these markets in part because CDFIs
build their borrowers' capacity by combining their financing with
technical assistance such as homeownership counseling, entrepreneurial
training, and financial literacy education. CDFIs finance small
businesses, homeownership, affordable rental housing, childcare
facilities, charter schools, and other needed development resources.
About 1,000 CDFIs operating in the U.S. manage more than $25 billion in
assets, providing much-needed financial services to low-income
communities across the U.S.
Unfortunately, CDFIs have limited access to capital due to the
relatively small size of, and lack of awareness about, their projects.
This results in a hesitancy of Wall Street to invest in CDFIs, forcing
them to rely largely on commercial banks which usually only offer
short-term loans with high interest rates. Every dollar wasted on
interest payments is another dollar lost to communities, making these
additional costs a clear impediment to community development efforts.
This legislation would increase the length and decrease the cost of
capital available to CDFIs by providing them access to the enormous
financial power of Wall Street. It would accomplish this by allowing
the Treasury Department to guarantee up to $1 billion per year in bonds
issued by qualified CDFIs. These bonds would be sold on Wall Street
with the proceeds going to CDFIs to finance a myriad of community and
economic development projects such as job-training centers and health
care clinics. Unlike many legislative proposals that often result in
winners and losers, this legislation is a win-win for everyone
involved. CDFIs will have access to much-needed, low-cost capital.
Communities will benefit from an infusion of investments in community
and economic development projects. And investors will have an
opportunity to make sound, long-term investments.
Perhaps the best part of this legislation is that it should not end
up costing the American taxpayer a single dollar. Since these bonds
will be issued by CDFIs, they will be the ones responsible for honoring
the bonds when they reach maturity. Considering the fact that CDFIs
have very low loan default rates that are often below mainstream bank
averages, the risk of insolvency is very low. To further mitigate this
risk, CDFIs will be required to create a loan loss reserve fund,
similar in nature, but much smaller in scope, to the FDIC.
In addition to providing low-cost capital to underserved communities,
this legislation would require CDFIs to pay a portion of their savings
to a subaccount of the Treasury Department's CDFI Fund. These funds
will be used to provide technical and financial assistance grants to
non-profits for community and economic development purposes. CDFIs can
apply for these grants through a competitive application process with
the requirement to match, dollar for dollar, Federal funds with private
investment. According to the Treasury Department, for every Federal
dollar of investment, CDFIs leverage $19 in non-federal funds. CDFIs
use the ``seed capital'' from the Federal Government to attract
private-sector capital, ensuring continued community investment well
beyond the initial Federal funding.
A community isn't complete without places to shop and work, without
affordable housing, without the prosperity that thriving businesses
represent. My Full Faith & Credit in Our Communities Act will help
CDFIs develop retail and commercial facilities, train and place
neighborhood residents in jobs, and provide affordable housing across
the country. This bill is essential for our people and communities most
in need. Beyond the obvious tangible benefits, the Full Faith & Credit
in Our Communities Act will provide our Nation's distressed communities
with something all but lost in many: HOPE. Hope for a better future, a
safe community, flourishing businesses, and a more prosperous future
for generations to come.
In closing, I urge my colleagues to support the Full Faith & Credit
in Our Communities Act to ensure that every American has access to the
American Dream. With this bill, we can not only change lives and
communities today, but for generations to come.
______
By Mr. REID (for himself and Mr. Baucus):
S. 2530. A bill entitled the ``Federal Aviation Administration
Extension Act of 2007''; to the Committee on Commerce, Science, and
Transportation.
Mr. REID. 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. 2530
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 ``Federal Aviation
Administration Extension Act of 2007''.
SEC. 2. EXTENSION OF AIRPORT IMPROVEMENT PROGRAM AND OTHER
EXPIRING AUTHORITY.
(a) Authorization of Appropriations.--
(1) In general.--Section 48103 of title 49, United States
Code, is amended--
(A) by striking ``and'' at the end of paragraph (3);
(B) by striking the period at the end of paragraph (4) and
inserting ``; and''; and
(C) by inserting after paragraph (4) the following:
``(5) $1,837,500,000 for the 6-month period beginning
October 1, 2007.''.
(2) Obligation of amounts.--Sums made available pursuant to
the amendment made
[[Page S16017]]
by paragraph (1) may be obligated at any time through
September 30, 2008, and shall remain available until
expended.
(3) Program implementation.--For purposes of calculating
funding apportionments and meeting other requirements under
sections 47114, 47115, 47116, and 47117 of title 49, United
States Code, for the 6-month period beginning October 1,
2007, the Administrator of the Federal Aviation
Administration shall--
(A) first calculate funding apportionments on an annualized
basis as if the total amount available under section 48103 of
such title for fiscal year 2008 were 3,675,000,000; and
(B) then reduce by 50 percent--
(i) all funding apportionments calculated under
subparagraph (A); and
(ii) amounts available pursuant to sections 47117(b) and
47117(f)(2) of such title.
(b) Project Grant Authority.--Section 47104(c) of such
title is amended by striking ``September 30, 2007, and
inserting ``March 31, 2008,''.
(c) Government Share of Certain AIP Costs.--Section 161 of
Public Law 108-176 (49 U.S.C. 47109 note) is amended by
striking ``in each of fiscal years 2004 through 2007'' and
inserting ``in fiscal year 2008 before April 1, 2008''.
(d) Adjustment Authority.--Section 409(d) of Public Law
108-176 (49 U.S.C. 40101 note) is amended by striking
``2007.'' and inserting ``2008.''.
______
By Mr. McCONNELL (for himself and Mr. Bunning):
S. 2531. A bill to amend the Tariff Act of 1930 to revise the
antidumping duties and countervailing duties relating to the production
of low-enriched uranium, and for other purposes; to the Committee on
Finance.
Mr. McCONNELL. 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
placed in the Record, as follows:
S. 2531
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. PRODUCTION OF LOW-ENRICHED URANIUM.
(a) Antidumping Duty.--Section 731 of the Tariff Act of
1930 (19 U.S.C. 1673) is amended in the last sentence--
(1) by inserting ``(a)'' after ``includes''; and
(2) by inserting before the period at the end the
following: ``, and (b) any contract or transaction for the
production of low-enriched uranium''.
(b) Countervailing Duty.--Section 771 of that Act (19
U.S.C. 1677) is amended in paragraph (5) by adding at the end
the following:
``(G) Purchase of goods.--For purposes of subparagraphs
(D)(iv) and (E)(iv) of this paragraph (5), the phrases
`purchasing goods' and `goods are purchased' include a
contract or transaction involving payment for the production
of low-enriched uranium.''.
(c) Application to Pending Proceedings.--The amendments
made by this section apply in all pending or resumed
antidumping and countervailing duty proceedings, including
investigations, and in all appeals that have not become final
and conclusive as of the date of enactment of this Act.
(d) Application to NAFTA Countries.--Pursuant to Article
1902 of the North American Free Trade Agreement and section
408 of the North American Free Trade Agreement Implementation
Act (19 U.S.C. 3438), the amendments made by this section
shall apply with respect to goods from NAFTA countries.
____________________