[Congressional Record Volume 154, Number 24 (Wednesday, February 13, 2008)]
[Senate]
[Pages S971-S983]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. DOMENICI (for himself, Mr. Lieberman, Mr. Sessions, Mr.
Feingold, Mr. Isakson, Mr. Alexander, Mr. Voinovich, Mr. Lugar,
Mr. Chambliss, Mrs. Hutchison, Mr. Martinez, Mr. Enzi, Mr.
Corker, and Ms. Snowe):
S. 2627. A bill to provide for a biennial budget process and a
biennial appropriations process and to enhance oversight and the
performance of the Federal Government; to the Committee on the Budget.
Mr. DOMENICI. Mr. President, on behalf of Senator Lieberman, the
distinguished chairman of the Homeland Security and Governmental
Affairs Committee, I rise to introduce the Biennial Budgeting and
Appropriations Act, a bill to convert the annual budget and
appropriations process to a 2-year cycle and to enhance oversight of
Federal programs.
Mr. President, our most recent experience with the fiscal year 2008
Omnibus Consolidated Appropriations Act shows the need for a biennial
appropriations and budget process. That one bill clearly demonstrated
Congress is incapable of completing the budget, authorizing, and
appropriations process on an annual basis and unfortunantly, this is
not the first time.
[[Page S972]]
Congress should now act to streamline the system by moving to a 2-
year, or biennial, budget process. This is the most important reform we
can enact to streamline the budget process, to make the Senate a more
deliberative and effective institution, and to make us more accountable
to the American people.
Moving to a biennial budget and appropriations process enjoys very
broad support. President George W. Bush has supported a biennial
budgeting process. Presidents Clinton, Reagan, and Bush also proposed a
biennial appropriations and budget cycle. Leon Panetta, who served as
White House Chief of Staff, OMB Director, and House Budget Committee
chairman, has advocated a biennial budget since the late 1970s. Former
OMB and CBO Director Alice Rivlin has called for a biennial budget the
past two decades. Vice President Gore's National Performance Review and
the 1993 Joint Committee on the Reorganization of Congress both
recommended a biennial appropriations and budget cycle.
A biennial budget will dramatically improve the current budget
process. The current annual budget process is redundant, inefficient,
and destined for failure each year. Look at what we struggle to
complete each year under the current annual process. The annual budget
process consumes 3 years: 1 year for the administration to prepare the
President's budget, another year for the Congress to put the budget
into law, and the final year to actually execute the budget.
Today, I want to focus just on the congressional budget process, the
process of annually passing a budget resolution, authorization
legislation, and multiple appropriation bills. The record clearly shows
that last year's experience was nothing new. Under the annual process,
we consistently fail to complete action on multiple appropriations
bills, to authorize programs, and to meet our deadlines.
While we have made a number of improvements in the budget process,
the current annual process is redundant and inefficient. The Senate has
the same debate, amendments and votes on the same issue three or four
times a year--once on the budget resolution, again on the authorization
bill, and finally on the appropriations bill.
Several years ago, I asked the Congressional Research Service, CRS,
to update and expand upon an analysis of the amount of time we spend on
the budget. CRS looked at all votes on appropriations, revenue,
reconciliation, and debt limit measures as well as budget resolutions.
CRS then examined any other vote dealing with budgetary levels, Budget
Act waivers, or votes pertaining to the budget process. Beginning with
1980, budget related votes started dominating the work of the Senate.
In 1996, 73 percent of the votes the Senate took were related to the
budget.
If we cannot adequately focus on our duties because we are constantly
debating the budget throughout the authorizing, budgeting, and
appropriations process, just imagine how confused the American public
is about what we are doing. The result is that the public does not
understand what we are doing and it breeds cynicism about our
Government.
Under the legislation we are introducing today, the President would
submit a 2-year budget and Congress would consider a 2-year budget
resolution and 2-year appropriation bills during the first session of a
Congress. The second session of the Congress would be devoted to
consideration of authorization bills and for oversight of Government
agencies.
Most of the arguments against a biennial budget process will come
from those who claim we cannot predict or plan on a 2-year basis. For
most of the budget, we do not actually budget on an annual basis. Our
entitlement and revenue laws are under permanent law, and Congress does
not change these laws on an annual basis. The only component of the
budget that is set in law annually are the appropriated, or
discretionary, accounts.
The most predictable category of the budget are these appropriated,
or discretionary, accounts of the Federal Government. Much of this
spending is associated with international activities or emergencies.
Because most of this funding cannot be predicted on an annual basis, a
biennial budget is no less deficient than the current annual process.
My bill does not preclude supplemental appropriations necessary to meet
these emergency or unanticipated requirements.
In 1993 I had the honor to serve as cochairman on a joint committee
that studied the operations of the Congress. Senator Byrd testified
before that committee that the increasing demands put on us as Senators
has led to our ``fractured attention.'' We simply are too busy to
adequately focus on the people's business. This legislation is designed
to free up time and focus our attention, particularly with respect to
the oversight of Federal programs and activities.
Frankly, the limited oversight we are now doing is not as good as it
should be. Our authorizing committees are increasingly crowded out of
the legislative process. Under a biennial budget, the second year of
the biennium will be exclusively devoted to examining Federal programs
and developing authorization legislation. The calendar will be free of
the budget and appropriations process, giving these committees the time
and opportunity to provide oversight, review, and legislate changes to
Federal programs. Oversight and the authorization should be an ongoing
process, but a biennial appropriations process will provide greater
opportunity for legislators to concentrate on programs and policies in
the second year.
A biennial budget cannot make the difficult decisions that must be
made in budgeting, but it can provide the tools necessary to make much
better decisions. Under the current annual budget process, we are
constantly spending the taxpayers' money instead of focusing on how
best and most efficiently we should spend the taxpayers' money. By
moving to a biennial budget cycle, we can plan, budget, and appropriate
more effectively, strengthen oversight and watchdog functions, and
improve the efficiency of government agencies.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the material was ordered to be printed in
the Record as follows:
S. 2627
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 ``Biennial Budgeting and
Appropriations Act''.
SEC. 2. REVISION OF TIMETABLE.
Section 300 of the Congressional Budget Act of 1974 (2
U.S.C. 631) is amended to read as follows:
``TIMETABLE
``Sec. 300. (a) In General.--Except as provided by
subsection (b), the timetable with respect to the
congressional budget process for any Congress (beginning with
the One Hundred Eleventh Congress) is as follows:
``First Session
On or before: Action to be completed:
First Monday in February.................. President submits budget
recommendations.
February 15............................... Congressional Budget Office
submits report to Budget
Committees.
Not later than 6 weeks after budget Committees submit views and
submission. estimates to Budget
Committees.
April 1................................... Budget Committees report
concurrent resolution on
the biennial budget.
May 15.................................... Congress completes action on
concurrent resolution on
the biennial budget.
May 15.................................... Biennial appropriation bills
may be considered in the
House.
June 10................................... House Appropriations
Committee reports last
biennial appropriation
bill.
June 30................................... House completes action on
biennial appropriation
bills.
August 1.................................. Congress completes action on
reconciliation legislation.
October 1................................. Biennium begins.
Second Session
On or before: Action to be completed:
February 15............................... President submits budget
review.
Not later than 6 weeks after President Congressional Budget Office
submits budget review. submits report to Budget
Committees.
The last day of the session............... Congress completes action on
bills and resolutions
authorizing new budget
authority for the
succeeding biennium.
``(b) Special Rule.--In the case of any first session of
Congress that begins in any year
[[Page S973]]
immediately following a leap year and during which the term
of a President (except a President who succeeds himself or
herself) begins, the following dates shall supersede those
set forth in subsection (a):
``First Session
On or before: Action to be completed:
First Monday in April..................... President submits budget
recommendations.
April 20.................................. Committees submit views and
estimates to Budget
Committees.
May 15.................................... Budget Committees report
concurrent resolution on
the biennial budget.
June 1.................................... Congress completes action on
concurrent resolution on
the biennial budget.
July 1.................................... Biennial appropriation bills
may be considered in the
House.
July 20................................... House completes action on
biennial appropriation
bills.
August 1.................................. Congress completes action on
reconciliation legislation.
October 1................................. Biennium begins.''.
SEC. 3. AMENDMENTS TO THE CONGRESSIONAL BUDGET AND
IMPOUNDMENT CONTROL ACT OF 1974.
(a) Declaration of Purpose.--Section 2(2) of the
Congressional Budget and Impoundment Control Act of 1974 (2
U.S.C. 621(2)) is amended by striking ``each year'' and
inserting ``biennially''.
(b) Definitions.--
(1) Budget resolution.--Section 3(4) of such Act (2 U.S.C.
622(4)) is amended by striking ``fiscal year'' each place it
appears and inserting ``biennium''.
(2) Biennium.--Section 3 of such Act (2 U.S.C. 622) is
further amended by adding at the end the following new
paragraph:
``(11) The term `biennium' means the period of 2
consecutive fiscal years beginning on October 1 of any odd-
numbered year.''.
(c) Biennial Concurrent Resolution on the Budget.--
(1) Section heading.--The section heading of section 301 of
such Act is amended by striking ``annual'' and inserting
``biennial''.
(2) Contents of resolution.--Section 301(a) of such Act (2
U.S.C. 632(a)) is amended--
(A) in the matter preceding paragraph (1) by--
(i) striking ``April 15 of each year'' and inserting ``May
15 of each odd-numbered year'';
(ii) striking ``the fiscal year beginning on October 1 of
such year'' the first place it appears and inserting ``the
biennium beginning on October 1 of such year''; and
(iii) striking ``the fiscal year beginning on October 1 of
such year'' the second place it appears and inserting ``each
fiscal year in such period'';
(B) in paragraph (6), by striking ``for the fiscal year''
and inserting ``for each fiscal year in the biennium''; and
(C) in paragraph (7), by striking ``for the fiscal year''
and inserting ``for each fiscal year in the biennium''.
(3) Additional matters.--Section 301(b)(3) of such Act (2
U.S.C. 632(b)) is amended by striking ``for such fiscal
year'' and inserting ``for either fiscal year in such
biennium''.
(4) Views of other committees.--Section 301(d) of such Act
(2 U.S.C. 632(d)) is amended by inserting ``(or, if
applicable, as provided by section 300(b))'' after ``United
States Code''.
(5) Hearings.--Section 301(e)(1) of such Act (2 U.S.C.
632(e)) is amended by--
(A) striking ``fiscal year'' and inserting ``biennium'';
and
(B) inserting after the second sentence the following: ``On
or before April 1 of each odd-numbered year (or, if
applicable, as provided by section 300(b)), the Committee on
the Budget of each House shall report to its House the
concurrent resolution on the budget referred to in subsection
(a) for the biennium beginning on October 1 of that year.''.
(6) Goals for reducing unemployment.--Section 301(f) of
such Act (2 U.S.C. 632(f)) is amended by striking ``fiscal
year'' each place it appears and inserting ``biennium''.
(7) Economic assumptions.--Section 301(g)(1) of such Act (2
U.S.C. 632(g)(1)) is amended by striking ``for a fiscal
year'' and inserting ``for a biennium''.
(8) Table of contents.--The item relating to section 301 in
the table of contents set forth in section 1(b) of such Act
is amended by striking ``Annual'' and inserting ``Biennial''.
(d) Committee Allocations.--Section 302 of such Act (2
U.S.C. 633) is amended--
(1) in subsection (a)
(A) in paragraph (1), by--
(i) striking ``for the first fiscal year of the
resolution,'' and inserting ``for each fiscal year in the
biennium,'';
(ii) striking ``for that period of fiscal years'' and
inserting ``for all fiscal years covered by the resolution'';
and
(iii) striking ``for the fiscal year of that resolution''
and inserting ``for each fiscal year in the biennium''; and
(B) in paragraph (5), by striking ``April 15'' and
inserting ``May 15 or June 1 (under section 300(b))'';
(2) in subsection (b), by striking ``budget year'' and
inserting ``biennium'';
(3) in subsection (c) by striking ``for a fiscal year''
each place it appears and inserting ``for each fiscal year in
the biennium'';
(4) in subsection (f)(1), by striking ``for a fiscal year''
and inserting ``for a biennium'';
(5) in subsection (f)(1), by striking ``the first fiscal
year'' and inserting ``each fiscal year of the biennium'';
(6) in subsection (f)(2)(A), by--
(A) striking ``the first fiscal year'' and inserting ``each
fiscal year of the biennium''; and
(B) striking ``the total of fiscal years'' and inserting
``the total of all fiscal years covered by the resolution'';
and
(7) in subsection (g)(1)(A), by striking ``April'' and
inserting ``May''.
(e) Section 303 Point of Order.--
(1) In general.--Section 303(a) of such Act (2 U.S.C.
634(a)) is amended by--
(A) striking ``the first fiscal year'' and inserting ``each
fiscal year of the biennium''; and
(B) striking ``that fiscal year'' each place it appears and
inserting ``that biennium''.
(2) Exceptions in the house.--Section 303(b)(1) of such Act
(2 U.S.C. 634(b)) is amended--
(A) in subparagraph (A), by striking ``the budget year''
and inserting ``the biennium''; and
(B) in subparagraph (B), by striking ``the fiscal year''
and inserting ``the biennium''.
(3) Application to the senate.--Section 303(c)(1) of such
Act (2 U.S.C. 634(c)) is amended by--
(A) striking ``fiscal year'' and inserting ``biennium'';
and
(B) striking ``that year'' and inserting ``each fiscal year
of that biennium''.
(f) Permissible Revisions of Concurrent Resolutions on the
Budget.--Section 304(a) of such Act (2 U.S.C. 635) is
amended--
(1) by striking ``fiscal year'' the first two places it
appears and inserting ``biennium''; and
(2) by striking ``for such fiscal year'' and inserting
``for such biennium''.
(g) Procedures for Consideration of Budget Resolutions.--
Section 305 of such Act (2 U.S.C. 636(3)) is amended--
(1) in subsection (a)(3), by striking ``fiscal year'' and
inserting ``biennium''; and
(2) in subsection (b)(3), by striking ``fiscal year'' and
inserting ``biennium''.
(h) Completion of House Action on Appropriation Bills.--
Section 307 of such Act (2 U.S.C. 638) is amended--
(1) by striking ``each year'' and inserting ``each odd-
numbered year'';
(2) by striking ``annual'' and inserting ``biennial'';
(3) by striking ``fiscal year'' and inserting ``biennium'';
and
(4) by striking ``that year'' and inserting ``each odd-
numbered year''.
(i) Completion of Action on Regular Appropriation Bills.--
Section 309 of such Act (2 U.S.C. 640) is amended--
(1) by inserting ``of any odd-numbered calendar year''
after ``July'';
(2) by striking ``annual'' and inserting ``biennial''; and
(3) by striking ``fiscal year'' and inserting ``biennium''.
(j) Reconciliation Process.--Section 310(a) of such Act (2
U.S.C. 641(a)) is amended--
(1) in the matter preceding paragraph (1), by striking
``any fiscal year'' and inserting ``any biennium''; and
(2) in paragraph (1) by striking ``such fiscal year'' each
place it appears and inserting ``any fiscal year covered by
such resolution''.
(k) Section 311 Point of Order.--
(1) In the house.--Section 311(a)(1) of such Act (2 U.S.C.
642(a)) is amended--
(A) by striking ``for a fiscal year'' and inserting ``for a
biennium'';
(B) by striking ``the first fiscal year'' each place it
appears and inserting ``either fiscal year of the biennium'';
and
(C) by striking ``that first fiscal year'' and inserting
``each fiscal year in the biennium''.
(2) In the senate.--Section 311(a)(2) of such Act is
amended--
(A) in subparagraph (A), by striking ``for the first fiscal
year'' and inserting ``for either fiscal year of the
biennium''; and
(B) in subparagraph (B)--
(i) by striking ``that first fiscal year'' the first place
it appears and inserting ``each fiscal year in the
biennium''; and
(ii) by striking ``that first fiscal year and the ensuing
fiscal years'' and inserting ``all fiscal years''.
(3) Social security levels.--Section 311(a)(3) of such Act
is amended by--
(A) striking ``for the first fiscal year'' and inserting
``each fiscal year in the biennium''; and
(B) striking ``that fiscal year and the ensuing fiscal
years'' and inserting ``all fiscal years''.
(l) MDA Point of Order.--Section 312(c) of the
Congressional Budget Act of 1974 (2 U.S.C. 643) is amended--
(1) by striking ``for a fiscal year'' and inserting ``for a
biennium'';
(2) in paragraph (1), by striking ``the first fiscal year''
and inserting ``either fiscal year in the biennium'';
(3) in paragraph (2), by striking ``that fiscal year'' and
inserting ``either fiscal year in the biennium''; and
(4) in the matter following paragraph (2), by striking
``that fiscal year'' and inserting ``the applicable fiscal
year''.
SEC. 4. AMENDMENTS TO TITLE 31, UNITED STATES CODE.
(a) Definition.--Section 1101 of title 31, United States
Code, is amended by adding at the end thereof the following
new paragraph:
``(3) `biennium' has the meaning given to such term in
paragraph (11) of section 3 of
[[Page S974]]
the Congressional Budget and Impoundment Control Act of 1974
(2 U.S.C. 622(11)).''.
(b) Budget Contents and Submission to the Congress.--
(1) Schedule.--The matter preceding paragraph (1) in
section 1105(a) of title 31, United States Code, is amended
to read as follows:
``(a) On or before the first Monday in February of each
odd-numbered year (or, if applicable, as provided by section
300(b) of the Congressional Budget Act of 1974), beginning
with the One Hundred Eleventh Congress, the President shall
transmit to the Congress, the budget for the biennium
beginning on October 1 of such calendar year. The budget of
the United States Government transmitted under this
subsection shall include a budget message and summary and
supporting information. The President shall include in each
budget the following:''.
(2) Expenditures.--Section 1105(a)(5) of title 31, United
States Code, is amended by striking ``the fiscal year for
which the budget is submitted and the 4 fiscal years after
that year'' and inserting ``each fiscal year in the biennium
for which the budget is submitted and in the succeeding 4
fiscal years''.
(3) Receipts.--Section 1105(a)(6) of title 31, United
States Code, is amended by striking ``the fiscal year for
which the budget is submitted and the 4 fiscal years after
that year'' and inserting ``each fiscal year in the biennium
for which the budget is submitted and in the succeeding 4
years''.
(4) Balance statements.--Section 1105(a)(9)(C) of title 31,
United States Code, is amended by striking ``the fiscal
year'' and inserting ``each fiscal year in the biennium''.
(5) Functions and activities.--Section 1105(a)(12) of title
31, United States Code, is amended in subparagraph (A), by
striking ``the fiscal year'' and inserting ``each fiscal year
in the biennium''.
(6) Allowances.--Section 1105(a)(13) of title 31, United
States Code, is amended by striking ``the fiscal year'' and
inserting ``each fiscal year in the biennium''.
(7) Allowances for uncontrolled expenditures.--Section
1105(a)(14) of title 31, United States Code, is amended by
striking ``that year'' and inserting ``each fiscal year in
the biennium for which the budget is submitted''.
(8) Tax expenditures.--Section 1105(a)(16) of title 31,
United States Code, is amended by striking ``the fiscal
year'' and inserting ``each fiscal year in the biennium''.
(9) Future years.--Section 1105(a)(17) of title 31, United
States Code, is amended--
(A) by striking ``the fiscal year following the fiscal
year'' and inserting ``each fiscal year in the biennium
following the biennium'';
(B) by striking ``that following fiscal year'' and
inserting ``each such fiscal year''; and
(C) by striking ``fiscal year before the fiscal year'' and
inserting ``biennium before the biennium''.
(10) Prior year outlays.--Section 1105(a)(18) of title 31,
United States Code, is amended--
(A) by striking ``the prior fiscal year'' and inserting
``each of the 2 most recently completed fiscal years,'';
(B) by striking ``for that year'' and inserting ``with
respect to those fiscal years''; and
(C) by striking ``in that year'' and inserting ``in those
fiscal years''.
(11) Prior year receipts.--Section 1105(a)(19) of title 31,
United States Code, is amended--
(A) by striking ``the prior fiscal year'' and inserting
``each of the 2 most recently completed fiscal years'';
(B) by striking ``for that year'' and inserting ``with
respect to those fiscal years''; and
(C) by striking ``in that year'' each place it appears and
inserting ``in those fiscal years''.
(c) Estimated Expenditures of Legislative and Judicial
Branches.--Section 1105(b) of title 31, United States Code,
is amended by striking ``each year'' and inserting ``each
even-numbered year''.
(d) Recommendations To Meet Estimated Deficiencies.--
Section 1105(c) of title 31, United States Code, is amended--
(1) by striking ``the fiscal year for'' the first place it
appears and inserting ``each fiscal year in the biennium
for'';
(2) by striking ``the fiscal year for'' the second place it
appears and inserting ``each fiscal year of the biennium, as
the case may be, for''; and
(3) by striking ``for that year'' and inserting ``for each
fiscal year of the biennium''.
(e) Capital Investment Analysis.--Section 1105(e)(1) of
title 31, United States Code, is amended by striking
``ensuing fiscal year'' and inserting ``biennium to which
such budget relates''.
(f) Supplemental Budget Estimates and Changes.--
(1) In general.--Section 1106(a) of title 31, United States
Code, is amended--
(A) in the matter preceding paragraph (1), by--
(i) inserting after ``Before July 16 of each year'' the
following: ``and February 15 of each even-numbered year'';
and
(ii) striking ``fiscal year'' and inserting ``biennium'';
(B) in paragraph (1), by striking ``that fiscal year'' and
inserting ``each fiscal year in such biennium'';
(C) in paragraph (2), by striking ``fiscal year'' and
inserting ``biennium''; and
(D) in paragraph (3), by striking ``fiscal year'' and
inserting ``biennium''.
(2) Changes.--Section 1106(b) of title 31, United States
Code, is amended by--
(A) striking ``the fiscal year'' and inserting ``each
fiscal year in the biennium'';
(B) inserting after ``Before July 16 of each year'' the
following: ``and February 15 of each even-numbered year'';
and
(C) striking ``submitted before July 16'' and inserting
``required by this subsection''.
(g) Current Programs and Activities Estimates.--
(1) In general.--Section 1109(a) of title 31, United States
Code, is amended--
(A) by striking ``On or before the first Monday after
January 3 of each year (on or before February 5 in 1986)''
and inserting ``At the same time the budget required by
section 1105 is submitted for a biennium''; and
(B) by striking ``the following fiscal year'' and inserting
``each fiscal year of such period''.
(2) Joint economic committee.--Section 1109(b) of title 31,
United States Code, is amended by striking ``March 1 of each
year'' and inserting ``within 6 weeks of the President's
budget submission for each odd-numbered year (or, if
applicable, as provided by section 300(b) of the
Congressional Budget Act of 1974)''.
(h) Year-Ahead Requests for Authorizing Legislation.--
Section 1110 of title 31, United States Code, is amended by--
(1) striking ``May 16'' and inserting ``March 31''; and
(2) striking ``year before the year in which the fiscal
year begins'' and inserting ``calendar year preceding the
calendar year in which the biennium begins''.
SEC. 5. TWO-YEAR APPROPRIATIONS; TITLE AND STYLE OF
APPROPRIATIONS ACTS.
Section 105 of title 1, United States Code, is amended to
read as follows:
``Sec. 105. Title and style of appropriations Acts
``(a) The style and title of all Acts making appropriations
for the support of the Government shall be as follows: `An
Act making appropriations (here insert the object) for each
fiscal year in the biennium of fiscal years (here insert the
fiscal years of the biennium).'.
``(b) All Acts making regular appropriations for the
support of the Government shall be enacted for a biennium and
shall specify the amount of appropriations provided for each
fiscal year in such period.
``(c) For purposes of this section, the term `biennium' has
the same meaning as in section 3(11) of the Congressional
Budget and Impoundment Control Act of 1974 (2 U.S.C.
622(11)).''.
SEC. 6. MULTIYEAR AUTHORIZATIONS.
(a) In General.--Title III of the Congressional Budget Act
of 1974 is amended by adding at the end the following new
section:
``AUTHORIZATIONS OF APPROPRIATIONS
``Sec. 316. (a) Point of Order.--It shall not be in order
in the House of Representatives or the Senate to consider--
``(1) any bill, joint resolution, amendment, motion, or
conference report that authorizes appropriations for a period
of less than 2 fiscal years, unless the program, project, or
activity for which the appropriations are authorized will
require no further appropriations and will be completed or
terminated after the appropriations have been expended; and
``(2) in any odd-numbered year, any authorization or
revenue bill or joint resolution until Congress completes
action on the biennial budget resolution, all regular
biennial appropriations bills, and all reconciliation bills.
``(b) Applicability.--In the Senate, subsection (a) shall
not apply to--
``(1) any measure that is privileged for consideration
pursuant to a rule or statute;
``(2) any matter considered in Executive Session; or
``(3) an appropriations measure or reconciliation bill.''.
(b) Amendment to Table of Contents.--The table of contents
set forth in section 1(b) of the Congressional Budget and
Impoundment Control Act of 1974 is amended by adding after
the item relating to section 315 the following new item:
``Sec. 316. Authorizations of appropriations''.
SEC. 7. GOVERNMENT PLANS ON A BIENNIAL BASIS.
(a) Strategic Plans.--Section 306 of title 5, United States
Code, is amended--
(1) in subsection (a), by striking ``September 30, 1997''
and inserting ``September 30, 2009'';
(2) in subsection (b)--
(A) by striking ``five years forward'' and inserting ``6
years forward'';
(B) by striking ``at least every three years'' and
inserting ``at least every 4 years''; and
(C) by striking beginning with ``, except that'' through
``four years''; and
(3) in subsection (c), by inserting a comma after
``section'' the second place it appears and adding
``including a strategic plan submitted by September 30, 2009
meeting the requirements of subsection (a)''.
(b) Budget Contents and Submission to Congress.--Paragraph
(28) of section 1105(a) of title 31, United States Code, is
amended by striking ``beginning with fiscal year 1999, a''
and inserting ``beginning with fiscal year 2010, a
biennial''.
(c) Performance Plans.--Section 1115 of title 31, United
States Code, is amended--
(1) in subsection (a)--
(A) in the matter before paragraph (1)--
(i) by striking ``section 1105(a)(29)'' and inserting
``section 1105(a)(28)''; and
(ii) by striking ``an annual'' and inserting ``a
biennial'';
[[Page S975]]
(B) in paragraph (1) by inserting after ``program
activity'' the following: ``for both years 1 and 2 of the
biennial plan'';
(C) in paragraph (5) by striking ``and'' after the
semicolon,
(D) in paragraph (6) by striking the period and inserting a
semicolon; and inserting ``and'' after the inserted
semicolon; and
(E) by adding after paragraph (6) the following:
``(7) cover a 2-year period beginning with the first fiscal
year of the next biennial budget cycle.'';
(2) in subsection (d) by striking ``annual'' and inserting
``biennial''; and
(3) in paragraph (6) of subsection (f) by striking
``annual'' and inserting ``biennial''.
(d) Managerial Accountability and Flexibility.--Section
9703 of title 31, United States Code, relating to managerial
accountability, is amended--
(1) in subsection (a)--
(A) in the first sentence by striking ``annual''; and
(B) by striking ``section 1105(a)(29)'' and inserting
``section 1105(a)(28)'';
(2) in subsection (e)--
(A) in the first sentence by striking ``one or'' before
``years'';
(B) in the second sentence by striking ``a subsequent
year'' and inserting ``a subsequent 2-year period''; and
(C) in the third sentence by striking ``three'' and
inserting ``4''.
(e) Pilot Projects for Performance Budgeting.--Section 1119
of title 31, United States Code, is amended--
(1) in paragraph (1) of subsection (d), by striking
``annual'' and inserting ``biennial''; and
(2) in subsection (e), by striking ``annual'' and inserting
``biennial''.
(f) Strategic Plans.--Section 2802 of title 39, United
States Code, is amended--
(1) is subsection (a), by striking ``September 30, 1997''
and inserting ``September 30, 2009'';
(2) by striking ``five years forward'' and inserting ``6
years forward'';
(3) in subsection (b), by striking ``at least every three
years'' and inserting ``at least every 4 years''; and
(4) in subsection (c), by inserting a comma after
``section'' the second place it appears and inserting
``including a strategic plan submitted by September 30, 2009
meeting the requirements of subsection (a)''.
(g) Performance Plans.--Section 2803(a) of title 39, United
States Code, is amended--
(1) in the matter before paragraph (1), by striking ``an
annual'' and inserting ``a biennial'';
(2) in paragraph (1), by inserting after ``program
activity'' the following: ``for both years 1 and 2 of the
biennial plan'';
(3) in paragraph (5), by striking ``and'' after the
semicolon;
(4) in paragraph (6), by striking the period and inserting
``; and''; and
(5) by adding after paragraph (6) the following:
``(7) cover a 2-year period beginning with the first fiscal
year of the next biennial budget cycle.''.
(h) Committee Views of Plans and Reports.--Section 301(d)
of the Congressional Budget Act (2 U.S.C. 632(d)) is amended
by adding at the end ``Each committee of the Senate or the
House of Representatives shall review the strategic plans,
performance plans, and performance reports, required under
section 306 of title 5, United States Code, and sections 1115
and 1116 of title 31, United States Code, of all agencies
under the jurisdiction of the committee. Each committee may
provide its views on such plans or reports to the Committee
on the Budget of the applicable House.''.
(i) Effective Date.--
(1) In general.--The amendments made by this section shall
take effect on March 1, 2009.
(2) Agency actions.--Effective on and after the date of
enactment of this Act, each agency shall take such actions as
necessary to prepare and submit any plan or report in
accordance with the amendments made by this Act.
SEC. 8. BIENNIAL APPROPRIATIONS BILLS.
(a) In General.--Title III of the Congressional Budget Act
of 1974 (2 U.S.C. 631 et seq.) is amended by adding at the
end the following:
``CONSIDERATION OF BIENNIAL APPROPRIATIONS BILLS
``Sec. 317. It shall not be in order in the House of
Representatives or the Senate in any odd-numbered year to
consider any regular bill providing new budget authority or a
limitation on obligations under the jurisdiction of any of
the subcommittees of the Committees on Appropriations for
only the first fiscal year of a biennium, unless the program,
project, or activity for which the new budget authority or
obligation limitation is provided will require no additional
authority beyond 1 year and will be completed or terminated
after the amount provided has been expended.''.
(b) Amendment to Table of Contents.--The table of contents
set forth in section 1(b) of the Congressional Budget and
Impoundment Control Act of 1974 is amended by adding after
the item relating to section 316 the following new item:
``Sec. 317. Consideration of biennial appropriations bills''.
SEC. 9. REPORT ON TWO-YEAR FISCAL PERIOD.
Not later than 180 days after the date of enactment of this
Act, the Director of OMB shall--
(1) determine the impact and feasibility of changing the
definition of a fiscal year and the budget process based on
that definition to a 2-year fiscal period with a biennial
budget process based on the 2-year period; and
(2) report the findings of the study to the Committees on
the Budget of the House of Representatives and the Senate.
SEC. 10. EFFECTIVE DATE.
Except as provided in section 7, this Act and the
amendments made by this Act shall take effect on January 1,
2009, and shall apply to budget resolutions and
appropriations for the biennium beginning with fiscal year
2010.
______
By Mr. SPECTER (for himself and Mr. Casey):
S. 2629. A bill to amend title XIX of the Social Security Act to
provide Medicaid coverage of drugs prescribed for certain research
study child participants; to the Committee on Finance.
Mr. SPECTER. Mr. President, I have sought recognition today to
introduce Nino's Act, to provide for the continuance of successful
treatment for children who are required to leave National Institutes of
Health, NIH, research studies. The NIH provides the greatest medical
research in the world on innumerable diseases, including cancer,
Alzheimer's, Parkinson's. The NIH also conducts excellent research on
diseases that affect children. To conduct that research many brave
children must partake in research studies including observational, or
natural history, studies and clinical trials to test experimental
therapies. This participation is critical to understanding diseases and
ultimately finding cures at the NIH.
To participate in the trials and studies, children and their families
often make considerable sacrifices. Families will travel great
distances to receive treatment that may provide relief from the child's
illness. In many cases, parents and doctors will have tried many
treatments for the child's disease about which little may be known or
understood. The NIH studies represent an opportunity for both the
medical community to learn more about the disease and the child to be
studied and potentially treated by the best researchers in the world.
When the experimental treatments are successful, it is cause for
great celebration for the child. The joy, however, can end quickly as
the studies come to end but the children who have been part of them
continue to be stricken by these terrible illnesses.
Nino's Act seeks to transition children out of the NIH studies as
they end so they don't experience a gap in their important treatment.
This legislation continues the successful treatment initiated in NIH
studies by providing access to the same prescription drugs for children
who are required to leave NIH clinical studies due to the studies
ending, researcher leaving, or other reason. Often drugs that are used
successfully in these studies have not yet been approved by the Food
and Drug Administration or have not been approved for treatment of the
child's specific disease. As such, it is nearly impossible for children
to get access or insurance coverage for these drugs. This bill makes
that access possible by requiring Medicaid to cover the cost of
treatment in the event that the children's health insurance does not.
On occasion, insurers will cover the cost of the treatment for these
children if they have adequate insurance and the FDA has approved the
drug for off-label uses. More often then not, however, children do not
have health insurance, or have insufficient insurance to obtain these
drugs. As a result, children suffer their diseases without relief from
the treatment as established in the clinical NIH studies. To ensure
that these children have access to successful care post-study, Nino's
Act requires Medicaid to cover the cost of treatment for these
children. While Medicaid access is traditionally based on income, due
to the importance of these drugs to the child's well-being the income
component will be waived. To ensure Medicaid is not unnecessarily
covering medication, Nino's Act requires the physicians participating
in the research to certify the treatment as successful and essential.
This important issue was introduced to me by Lori Todaro of Newville,
PA. Lori's son Nino suffers from Undifferentiated Auto-Inflammatory
Periodic Fever Syndrome. This disease takes a devastating toll on those
who suffer from it. The auto-inflammatory
[[Page S976]]
disease can cause joint inflammation arthritis, Crohns, colitis,
irritable bowel syndrome, and cyclical high fevers. Treatment for
Periodic Fever Syndrome is experimental at best; Lori and Nino have
visited a number of doctors and tried many medications in an effort to
control the disease.
In 2003, Nino was fortunate to be selected to take part in an
observational study at NIH in Bethesda, Maryland for Undifferentiated
Auto-inflammatory Periodic Fever Syndrome. During the course of the
study, Nino was given a new medication and his condition greatly
improved. Before he participated in the study he was being fitted for
wheelchairs and was home schooled because his symptoms were so
disruptive and unpredictable. The NIH treatment allowed him to resume a
normal life and enabled him to attend school and play soccer. While
Nino's treatment was successful he could not remain part of the study
indefinitely and was encouraged to seek coverage for his treatments
through his private insurer. Initially, the Todaro's insurer would not
agree to cover the cost of the experimental drug and only after an
intense lobbying effort by Lori, did the insurer agree to cover Nino's
prescriptions.
Nino's story is a successful one, but also serves to highlight the
issue that children and their families are facing as they transition
out of NIH studies. For many, NIH trials are a source of hope for
relief from the worst diseases known to man. The excellent doctors and
research teams at NIH make invaluable contributions to our
understanding of complex and debilitating diseases. This legislation
seeks to amplify the NIH's contributions by allowing America's sickest
children to continue their successful treatment under Medicaid
coverage. I encourage my colleagues to work with Senator Casey and me
to move this legislation forward promptly.
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. 2629
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 ``Nino's Act''.
SEC. 2. MEDICAID COVERAGE OF DRUGS PRESCRIBED FOR RESEARCH
STUDY CHILD PARTICIPANTS.
(a) Mandatory Coverage if State Provides Drug Coverage.--
(1) State plan requirement.--Section 1902(a) of the Social
Security Act (42 U.S.C. 1396a(a)) is amended--
(A) in paragraph (69), by striking ``and'' at the end;
(B) in paragraph (70), by striking the period at the end
and inserting ``; and''; and
(C) by inserting after paragraph (70) the following new
paragraph:
``(71) in the case of a State plan that provides medical
assistance for prescribed drugs under section 1905(a)(12),
provide for such medical assistance to include coverage for
any drug, biological product, or insulin prescribed for a
child (including any such drug, product, or insulin that is
self-administered) who--
``(A) is eligible for medical assistance under the State
plan (including a child who is eligible only on the basis of
paragraph (10)(A)(i)(VIII));
``(B) is a current or former participant in a research
study conducted or funded (in whole or in part) by the
National Institutes of Health; and
``(C) satisfies the requirements of subparagraphs (B), (C),
and (D) of subsection (dd)(1).''.
(2) Mandatory coverage of drugs of research study child
participants who are not otherwise eligible for medicaid if
the state offers drug coverage.--
(A) In general.--Section 1902(a)(10)(A)(i) of the Social
Security Act (42 U.S.C. 1396b(a)(10)(A)(i)) is amended--
(i) in subclause (VI), by striking ``or'' at the end;
(ii) in subclause (VII), by adding ``or'' at the end; and
(iii) by adding at the end the following new subclause:
``(VIII) who are research study child participants
described in subsection (dd)(1), but only if the medical
assistance made available by the State includes prescribed
drugs under section 1905(a)(12),''.
(B) Group described.--Section 1902 of the Social Security
Act (42 U.S.C. 1396a) is amended by adding at the end the
following new subsection:
``(dd)(1) Research study child participants described in
this subsection are individuals who--
``(A) are not otherwise eligible for medical assistance
under the State plan;
``(B) have not attained age 19;
``(C) have been certified by a physician participating in a
research study conducted or funded (in whole or in part) by
the National Institutes of Health to be current or former
participants in such trial or study who have a specific
disease or condition that--
``(i) is or has been successfully treated under such trial
or study with a prescribed use of a drug, biological product,
or insulin that is not approved under the Federal Food, Drug,
and Cosmetic Act; and
``(ii) is likely to continue to be successfully treated
with such drug, product, or insulin; and
``(D) do not have other health coverage for such drug,
product, or insulin.
``(2) A State shall redetermine not less than every 2 years
the eligibility of an individual for medical assistance who
is eligible solely on the basis of subsection
(a)(10)(A)(i)(VIII).
``(3) For purposes of this subsection and paragraphs
(10)(A)(i)(VIII) and (71) of subsection (a), the term
`research study' means a clinical study, including an
observational (or natural history) study, or a clinical
trial, to test an experimental therapy.''.
(C) Medical assistance limited to coverage of the research
or observational trial drugs, biological product, or
insulin.--Section 1902(a)(10) of the Social Security Act (42
U.S.C. 1396a(a)(10)) is amended in the matter following
subparagraph (G)--
(i) by striking ``and (XIV)'' and inserting ``(XIV)''; and
(ii) by inserting ``, and (XV) the medical assistance made
available to a research study child participant described in
subsection (dd)(1) who is eligible for medical assistance
solely on the basis of subparagraph (A)(10)(i)(VIII) shall be
limited to medical assistance for a drug, biological product,
or insulin that is prescribed for the participant as a result
of participation in such trial or study (including any such
drug, product, or insulin that is self-administered)'' before
the semicolon.
(D) Conforming amendment.--Section 1903(f)(4) of such Act
(42 U.S.C. 1396b)(f)(4)) is amended in the matter preceding
subparagraph (A) by inserting ``1902(a)(10)(A)(i)(VIII),''
after ``1902(a)(10)(A)(i)(VII),''.
(b) Presumptive Eligibility.--Section 1920B of the Social
Security Act (42 U.S.C. 1396r-1b) is amended--
(1) in the section heading, by inserting ``or research
study child participants'' after ``patients'';
(2) in subsection (a), by inserting ``or a child who is
eligible for medical assistance under the State plan
(including a child who is eligible only on the basis of
section 1902(a)(10)(A)(i)(VIII) but subject to the limitation
on medical assistance for such a child under clause (XV) of
the matter following section 1902(a)(10)(G)), is a current or
former participant in a research study conducted or funded
(in whole or in part) by the National Institutes of Health,
and satisfies the requirements of subparagraphs (B), (C), and
(D) of section 1902(dd)(1)'' after ``patients)'';
(3) in subsection (b)(1)(A), by inserting ``or subsection
(a)'' after ``1902(aa)''; and
(4) in subsection (d), in the flush language following
paragraph (2), by striking ``for purposes of clause (4) of
the first sentence of section 1905(b)'' and inserting ``for
purposes of the first sentence of section 1905(b) (and, in
the case of medical assistance furnished to an individual
described in section 1902(aa), for purposes of clause (4) of
such sentence)''.
(c) Notice of Medicaid Coverage for Research Study Child
Participants.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Health and Human
Services, in consultation with the Director of the Institutes
of Health and State Medicaid Directors, shall--
(A) develop a written notice for child participants in
research studies (as defined in section 1902(dd)(3) of the
Social Security Act, as added by subsection (a)(2)(B))
conducted or funded (in whole or in part) by the National
Institutes of Health who are likely to eligible for medical
assistance for a drug, biological product, or insulin
prescribed for such participants as a result of participation
in such a study (including any such drug, product, or insulin
that is self-administered) in accordance with paragraph
(10)(A)(i)(VIII) or (71) of section 1902(a) of the Social
Security Act (42 U.S.C. 1396a(a)) (as added by subsection
(a)), of the availability of such assistance; and
(B) establish procedures for making such notice available
to the child participants through physicians participating in
such research studies or such other means as the Secretary
determines appropriate.
(2) Authorization of appropriations.--There is authorized
to be appropriated for fiscal year 2008 and each fiscal year
thereafter such sums as may be necessary to carry out this
subsection.
(d) Effective Date.--The amendments made by this section
apply to medical assistance for items and services furnished
on or after the date of enactment of this Act, without regard
to whether final regulations to carry out such amendments
have been promulgated.
Mr. CASEY. Mr. President, I rise today to speak about a critical
health issue affecting thousands of our children every day but about
which few people have ever even heard. All across this country,
thousands of children suffer from rare genetic diseases called ``orphan
diseases,'' thus named because
[[Page S977]]
of the relatively small number of people these diseases strike.
An orphan disease is defined as affecting fewer than 200,000 people.
The National Institutes of Health, NIH, estimate that there are
approximately 6,000 of these orphan diseases, affecting about 25
million Americans on the whole. Most of these rare diseases are genetic
and many affect children.
Last spring, I met with a group of mothers who shared their struggles
and frustrations in getting ongoing and consistent treatment for their
children, each of whom suffers from an orphan disease. Many of these
parents had been able to enroll their children in clinical trials at
the NIH and had found experimental treatments for their children that
had proven extremely successful. The doctors at NIH do miraculous work
in finding treatments for children with rare genetic diseases. But
oftentimes, when the trial ends, these children and parents are left on
their own, with no access to the previously free and effective
treatment that their children were getting.
Imagine if you can, for one moment, the predicament of these children
and their parents? After months and sometimes years of first not
knowing what was ailing their sick children, desperately seeking help,
then finally getting a diagnosis, only to find out that there was no
FDA approved treatment. Then after searching for some kind of treatment
and then finally, finally finding--and being admitted to--a clinical
trial on medication that miraculously gave their children the ability
to function like other kids--to be able to play soccer and go to school
and have friends over and just have the energy to be a child. For all
of us who are parents, you can imagine the joy of seeing your child
finally alleviated from the suffering he or she has been going through,
finally able to enjoy him- or herself and do all the things that
children are supposed to do.
Then imagine, if you can, what it would be like to suddenly have that
taken away. The clinical trial ends, or funding for the trial ends.
Suddenly, you no longer have access to this drug that your child needs
to be able to function, to do their homework, eat well and have fun. If
it is a drug that has not been approved by the Food and Drug
Administration or specifically approved for a child's particular
disease, then insurance companies typically will not cover it because
the treatment is considered ``experimental.'' In some cases, a drug has
been approved for other uses than the orphan disease, known as ``off-
label'' use. If a family has enough insurance, and there is off-label
FDA approval, sometimes families can get coverage of the drugs. If not,
the resulting cost to families is astronomical--ranging anywhere from
$10,000 to $30,000 per month.
This is what happened to Nino Todaro, a young boy from Newville,
Pennsylvania, and that is why Senator Specter and I are today
introducing Nino's Act. Nino suffers from Periodic Fever Syndrome, an
unpredictable genetic condition that can cause uncontrolled
inflammation throughout the body. When this disease acts up, Nino has
days where he cannot do much more than lie on the couch. Left
untreated, this condition could leave Nino unable to walk and even be
life-threatening. Fortunately Nino found help through an NIH clinical
trial, but funding ran out last year. The drug that returned Nino to a
joyous soccer-playing kid was approved for arthritis and Crohn's
disease, but not Periodic Fever Syndrome. Facing costs of $12,000 a
month, and initial rejections from their insurance company, Nino's
parents turned to Congress.
Nino's Act will allow children to transition out of successful
treatment in NIH studies without a gap in treatment. There are
thousands of children like Nino across this country who desperately
need the continuity of ongoing successful treatment for their rare
disorders. These are children who have been very ill, sometimes
incapacitated, and have been able to resume normal childhoods through
successful drug treatment. Parents advocating for their children
understandably refuse to accept that their children have no choice but
to regress because their insurance company will not cover humongous
medical bills that no middle class family could even begin to absorb.
No parent should ever have to face a situation in which the care they
need for their seriously ill child is too expensive or held up by
regulatory red tape. It is unthinkable to me that any ill child in this
country, the richest nation on earth, with all our medical
advancements, should ever be denied medical treatment that is available
and proven successful. Our bill will give these children and their
parents peace of mind that when a study ends, their children's
successful ongoing treatment will not be threatened. To address this,
Nino's Act will require Medicaid to cover the cost of treatment of in
the event that a child's health insurance does not.
This is the least we can do for these children and families. No child
for whom treatment is available should have to forego that treatment to
the serious detriment of their health. That is just plain wrong.
Senator Specter and I share the belief that ensuring ongoing treatment
for children with rare disorders is something this Congress should get
behind. I urge my colleagues to support Nino's Act and I will work hard
for its passage. My hope is it will go a long way toward ensuring that
children with orphan diseases can get the successful treatment they
deserve, freeing them and their families to focus on what is truly
important--keeping them well, and living out happy and productive
lives.
______
By Mr. KENNEDY (for himself, Mr. Stevens, Mr. Kerry, and Ms.
Murkowski):
S. 2630. A bill to amend the Public Health Service Act to establish a
Federal grant program to provide increased health care coverage to and
access for uninsured and underinsured workers and families in the
commercial fishing industry, and for other purposes; to the Committee
on Health, Education, Labor, and Pensions.
Mr. KENNEDY. 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. 2630
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 ``Commercial Fishing Industry
Health Care Coverage Act of 2008''.
SEC. 2. GRANTS FOR QUALIFIED COMMERCIAL FISHING INDUSTRY
HEALTH CARE COVERAGE DEMONSTRATION PROGRAMS.
Part B of title III of the Public Health Service Act (42
U.S.C. 243 et seq.) is amended by adding at the end the
following new section:
``SEC. 320B. GRANTS FOR QUALIFIED COMMERCIAL FISHING INDUSTRY
HEALTH CARE COVERAGE DEMONSTRATION PROGRAMS.
``(a) Establishment of Program.--
``(1) In general.--The Secretary, through the Health
Resources and Services Administration, shall establish a
grant program (in this section referred to as the `grant
program') for the purpose of assisting commercial fishing
States to establish, or strengthen existing, programs to
expand health care coverage and access for uninsured or
underinsured workers and their families in the commercial
fishing industry.
``(2) Types of grants.--Under the grant program, the
Secretary shall provide--
``(A) program planning grants under subsection (b) for
commercial fishing States and organizations within such
States; and
``(B) implementation and administration grants under
subsection (c) for no more than 15 commercial fishing States.
``(3) Application required.--No grant may be awarded under
this section except pursuant to an application that is made
in such form and manner, and containing such information, as
the Secretary may require.
``(b) Program Planning Grants.--
``(1) In general.--Under the grant program the Secretary
may award grants to one or more commercial fishing States (or
to organizations with a history of active involvement in the
commercial fishing industry in such a State, including
knowledge of economic and social aspects of such industry),
not to exceed $200,000 for each year and for no more than two
years, to conduct initial research and planning for the
development of a qualified health care coverage program in
the State. Any grantee under this subsection shall--
``(A) conduct a demographic survey of the State's
commercial fishing industry and such industry's health care
needs; and
``(B) develop a strategic plan, including a detailed
financial plan, for implementation of a qualified health care
coverage program within the State.
``(2) Consultation with states.--Before awarding a grant
under this subsection to an organization, the Secretary shall
consult with States where the organization is located in
order to assist in a determination as to whether the
organization--
[[Page S978]]
``(A) has the necessary familiarity with and knowledge of
the commercial fishing industry in the State to fulfill the
purposes of the grant; and
``(B) has a history of fraudulent or abusive practices that
would disqualify the organization from carrying out the
grant.
``(3) Actions following completion of planning grants.--
Based on the research findings, financial plan, and other
recommendations developed by the State or organization under
paragraph (1), a State may submit an application for program
implementation and administration grants under subsection
(c).
``(c) Implementation and Program Administration Grants.--
``(1) In general.--Under the grant program, subject to the
succeeding provisions of this subsection, the Secretary may
award the following grants to commercial fishing States:
``(A) Initial implementation grants.--A grant, not to
exceed $2,000,000 for each year and for no more than two
years, for initial implementation of a qualified health care
coverage program.
``(B) Program administration grants.--A grant, not to
exceed $3,000,000 for each year and for no more than five
years, for administration of a qualified health care coverage
program.
``(C) Continued administration grants.--A grant, not to
exceed $3,000,000 for each year, for continued administration
of a qualified health care coverage program in a State that
has been awarded administration grants for 5 years under
subparagraph (B) and that has satisfactorily administered
such program using the funds provided by such grants for at
least 5 years, if the economic conditions of the fishing
industry in the program's service area (or the condition of
fish stocks that are important to the fishing industry in
such area) jeopardize the ability of the program to continue
providing affordable health care coverage.
A grant may be made for a qualified health care coverage
program under subparagraph (A) or (B) regardless of whether
or not the program was developed with a program planning
grant under subsection (b) or was implemented under a grant
under subparagraph (A), respectively, and regardless of
whether the program was developed or initially implemented
before the date of the enactment of this section.
``(2) Eligibility requirements.--The Secretary may not
award a grant under this subsection to a commercial fishing
State for implementation or administration of a health care
coverage program unless--
``(A) the State demonstrates that the program--
``(i) is a qualified health care coverage program and
enrolls fishing industry members and their families if they
were uninsured or underinsured; and
``(ii) requires Federal funding for its operation; and
``(B) the State provides assurances satisfactory to the
Secretary that--
``(i) if the program is an expansion of an existing health
care coverage program, the State will use the grant funding
to expand the enrolled population of uninsured or
underinsured commercial fishing industry members and their
families, or modify coverage to comply with qualified health
care coverage, under the program and to supplement, and not
supplant, State provided funding for such program; or
``(ii) if the program is a new qualified health care
coverage program, the State will ensure the program's
continued success through the implementation of appropriate
financial and consumer protection regulations, controls,
licensing, or oversight policies, including (as determined by
the State) any of the following:
``(I) Protection against insolvency, fraud and abuse.
``(II) State-based stop-loss protection.
``(III) Reinsurance.
``(IV) Receivership/liquidation protection against
insolvency for individuals.
``(V) Another demonstration of State financial commitment.
``(3) Requirement of matching funds.--
``(A) In general.--A grant may be made under this
subsection only if the State agrees to make available
(directly or through donations from public or private
entities) non-Federal contributions toward such costs in an
amount that is not less than $1 for each $2 of Federal funds
provided in the grant.
``(B) Determination of amount contributed.--Non-Federal
contributions required in subparagraph (A) may be in cash or
in kind, fairly evaluated, including plant, equipment, or
services. Amounts provided by the Federal Government, or
services assisted or subsidized to any significant extent by
the Federal Government, may not be included in determining
the amount of such non-Federal contributions.
``(4) Contracting authority.--
``(A) In general.--A commercial fishing State may enter
into a contract with one or more eligible non-profit
organizations or companies for the purpose of conducting
activities under an implementation or administration grant
under this subsection and may not enter into such a contract
with an organization or company which is not eligible under
subparagraph (C).
``(B) Subcontracting arrangements.--A contractor described
in subparagraph (A) may subcontract with one or more eligible
non-profit organizations or companies for the purpose of
conducting activities under such an implementation or
administration grant, if the State approves such
subcontracting arrangements.
``(C) Eligibility standards.--The Secretary shall issue
regulations establishing eligibility standards for
organizations and companies under this paragraph. Such
standards shall include requirements that States review
whether prospective contractors or subcontractors under this
paragraph--
``(i) have a history of fraudulent or abusive practices
that would disqualify them from participating in a contract
or subcontract;
``(ii) have the capability and experience to assist in the
management of a qualified health care coverage program; and
``(iii) in the case of commercial fishing organizations,
have an appropriate level of familiarity with, and knowledge
of, the commercial fishing industry.
``(d) Definitions.--For purposes of this section:
``(1) Commercial fishing state.--The term `commercial
fishing State' means a State (as defined in section 2(f))
with a significant commercial fishing population or a
significant commercial fishing industry. The Secretary shall
accept a State's self-certification that it is a commercial
fishing State if the State demonstrates to the Secretary
that--
``(A) such self-certification is based on consultation by
the State with local organizations familiar with the
commercial fishing industry in the State; and
``(B) the State has a significant commercial fishing
population or a significant commercial fishing industry.
``(2) Commercial fishing industry member.--The term
`commercial fishing industry member' means a fisherman,
crewmember, boat owner, captain, shore side business owner,
employee of a company that provides shore side support,
harvester, or other individual performing commercial fishing
industry-related work, if more than half of such individual's
income derives from such work at the time the individual
enrolls in a qualified health care coverage program.
``(3) Qualified health care coverage program.--The term
`qualified health care coverage program' means a program that
provides qualified health care coverage to commercial fishing
industry members and their families consistent with the
following:
``(A) Eligibility for enrollment of such members and
families is only restricted by capacity, based on a first
come, first served basis when space is limited, and health
status related factors (as defined in section 2702), age, and
gender may not be used as a basis for determining
eligibility.
``(B) The program does not include any preexisting
condition exclusion (as defined in section 2701) or any
coverage elimination rider that permanently excludes from
coverage an existing medical condition.
``(C) Premium rates under the program are computed based on
a community rate, and may be adjusted only for income and
family size.
``(4) Qualified health care coverage.--The term `qualified
health care coverage' means coverage that meets any of the
following conditions:
``(A) FEHBP coverage.--The coverage is actuarially
equivalent to the coverage provided under the health benefits
plan, under chapter 89 of title 5, United States Code, which
has the largest enrollment, either in the United States or in
the State involved.
``(B) State employees coverage.--The coverage is
actuarially equivalent to the coverage provided under the
health benefits plan, that is offered by the State to State
government employees, which has the largest enrollment of
such plans in the State.
``(e) Authorization of Appropriations.--There are
authorized to be appropriated to the Secretary for the
purpose of carrying out this section--
``(1) $5,000,000 for fiscal year 2009;
``(2) $5,000,000 for fiscal year 2010;
``(3) $10,000,000 for fiscal year 2011;
``(4) $10,000,000 for fiscal year 2012; and
``(5) $20,000,000 for fiscal year 2013.''.
Mr. STEVENS. Mr. President, I come to the floor to support the
Commercial Fishing Industry Healthcare Coverage Act of 2008. My good
friend Senator Kennedy and I, along with Senators Kerry and Murkowski,
are introducing this bill to improve healthcare options for our
Nation's fishermen and fishing families.
Few things are more Alaskan than fishing. Long before Alaska was even
a U.S territory, our people were fishing for their livelihood. The
first Alaskans, Alaska Natives depended on subsistence fishing, as many
do today. Russian settlers built salteries to preserve their catch
through our long, harsh winters. In the 1800s, the first canneries were
built in Sitka and Klawock, marking the birth of Alaska's modern
commercial fishing industry.
Today, Alaska's seafood industry is the State's largest private
employer and a fundamental part of Alaskan culture. All around our
State, from Ketchikan, at the Southern end of the panhandle, to
Kotzebue, above the Arctic Circle, fishermen brave the elements so all
Americans may enjoy the bounty of Alaskan waters. Their work is vital
to the economies of numerous communities in our State.
[[Page S979]]
While Alaskans have fishing in their blood, skyrocketing costs have
made it increasingly difficult for these hard-working men and women to
earn a living. One of the major challenges our commercial fishermen
face is obtaining affordable healthcare.
The problem is not unique to my State. Lack of health coverage is a
dilemma for fishermen in other coastal States. Surveys conducted in
different parts of the country show fishing families are significantly
more likely to be uninsured than other Americans.
The commercial fishing industry produces billions of dollars for the
U.S. economy each year. Despite their contributions, the seasonal and
dangerous nature of their profession bars many commercial fishermen
from obtaining health insurance; most work for themselves or for small
employers. Fishermen are forced to pay high premiums and deductibles,
which can effectively put health insurance out of reach.
In my State, fishermen face additional complications when looking for
affordable health insurance. A study by the United Fishermen of Alaska
found that our fishermen are more likely to work and live in
communities without a hospital. Also, fewer private insurance companies
offer individual or small business medical coverage in Alaska than in
other States. And, most fishermen simply cannot afford the rates
charged by these providers.
That lack of basic health services impacts everyone in our fishing
fleet, from our older fishermen, who may be most in need of health
coverage, to the younger generation of fishermen, who find the lack of
affordable healthcare a barrier to entering the profession.
As one fisherman from Juneau put it:
I've applied with two different major health insurance
providers, and both have declined me coverage because of my
occupation . . . living and working without health insurance
is like living on borrowed time. I constantly feel I am
pushing my luck, and a single illness or injury could mean
bankruptcy for me.
With the high cost of individual health insurance and the lack of
proximity to healthcare facilities in Alaska families are less likely
to seek preventive care, resulting in medical emergencies that could
have been avoided. When uninsured fishermen end up in emergency rooms
with serious diseases and injuries, taxpayers often absorb the costs.
Our bill is inspired by the successful fishermen's healthcare plan
adopted by Senator Kennedy's home State of Massachusetts, which has
proven that health insurance can be made affordable for fishing
families. This legislation will establish a grant program to help
States and fishing organizations create and administer group health
insurance programs for fishermen and fishing families.
Americans are consuming more and more seafood as they discover its
great taste and considerable health benefits. We cannot forget where
these fish come from. They come from the labor of men and women working
up and down the coasts of this country, many struggling to earn a
living and preserve a tradition that has spanned generations.
This measure would help put affordable medical care within their
reach. I encourage my fellow Senators to support the bill.
______
By Mrs. FEINSTEIN (for herself, Mr. McConnell, Mr. Akaka, Mr.
Alexander, Mr. Barrasso, Mr. Baucus, Mr. Bayh, Mr. Bennett, Mr.
Biden, Mr. Bingaman, Mr. Bond, Mrs. Boxer, Mr. Brown, Mr.
Brownback, Mr. Bunning, Mr. Burr, Mr. Byrd, Ms. Cantwell, Mr.
Cardin, Mr. Casey, Mr. Chambliss, Mrs. Clinton, Mr. Coburn, Mr.
Coleman, Ms. Collins, Mr. Cornyn, Mr. Craig, Mr. Dodd, Mrs.
Dole, Mr. Domenici, Mr. Durbin, Mr. Ensign, Mr. Feingold, Mr.
Gregg, Mr. Hagel, Mr. Harkin, Mrs. Hutchison, Mr. Inhofe, Mr.
Inouye, Mr. Isakson, Mr. Johnson, Mr. Kennedy, Mr. Kerry, Ms.
Klobuchar, Mr. Kohl, Mr. Kyl, Ms. Landrieu, Mr. Lautenberg, Mr.
Leahy, Mr. Levin, Mr. Lieberman, Mrs. Lincoln, Mr. Lugar, Mr.
Martinez, Mr. McCain, Mrs. McCaskill, Mr. Menendez, Ms.
Mikulski, Ms. Murkowski, Mrs. Murray, Mr. Obama, Mr. Pryor, Mr.
Reed, Mr. Roberts, Mr. Salazar, Mr. Sanders, Mr. Schumer, Mr.
Smith, Ms. Snowe, Mr. Specter, Ms. Stabenow, Mr. Stevens, Mr.
Sununu, Mr. Voinovich, and Mr. Whitehouse):
S. 2631. A bill to award a congressional gold medal to Daw Aung San
Suu Kyi in recognition of her courageous and unwavering commitment to
peace, nonviolence, human rights, and democracy in Burma; to the
Committee on Banking, Housing, and Urban Affairs.
Mrs. FEINSTEIN. Mr. President, I rise today with my good friend and
colleague, Senator McConnell, to introduce the Aung San Suu Kyi
Congressional Gold Medal Act of 2008.
We are proud to be joined by 73 of our colleagues in sponsoring this
measure to award the Congressional Gold Medal to a woman who has
inspired us all with her commitment to nonviolence, democracy, human
rights, and the rule of law for the people of Burma. On December 17,
2007, the House voted 400-0 to award Suu Kyi this honor and we urge the
Senate to promptly follow suit.
Last September we witnessed the largest democratic demonstrations in
Burma in almost 20 years. Tens of thousands of Burmese citizens took to
the streets in peaceful demonstrations to speak out against the
country's oppressive military regime, and to cry out for democracy.
I watched these courageous people with a deep sense of admiration and
respect.
Led by respected Buddhist monks, the people of the ``Saffron
Revolution'' called on the military junta to release all political
prisoners, including Nobel Peace Prize Laureate Aung San Suu Kyi, and
engage in a true dialogue on national reconciliation. Yet, as it had in
the past, the military junta responded to the recent peaceful protests
with violence and bloodshed. Soldiers used brutal force to break up the
protests, beating and sometimes killing innocent civilians.
No amount of force, however, can crush the spirit of Aung San Suu Kyi
and her peaceful quest for democracy and human rights. Indeed, she is a
woman of unrivaled courage. In the face of threats, intimidation,
harassment, and an assassination attempt, she has never wavered from
her principles and continues to support national reconciliation for all
the people of Burma.
By introducing this legislation, we seek not only to honor a
remarkable woman who embodies the values and standards of the
Congressional Gold Medal, but also to raise our voices once again in
support of her cause which is our cause: a free and democratic Burma.
By now, her story is well known. Aung San Suu Kyi was born on June
19, 1945, in Rangoon to Aung San, commander of the Burma Independence
Army, and Ma Khin Kyi. In August 1988, Suu Kyi, in her first political
action, sent an open letter to the military-controlled government,
asking for free, open and multi-party elections. The following month,
she founded the National League for Democracy, which remains dedicated
to a policy of nonviolence and civil disobedience. Suu Kyi was named
its general-secretary.
Recognizing the threat Suu Kyi posted to their grip on power, the
Burmese junta had her placed under house arrest and held without
charges or trial. Yet, despite the best efforts of the military junta
to suppress the growing democratic movement, in 1990 the National
League for Democracy won 82 percent of the seats in parliamentary
elections. But the junta annulled the election results and refused to
release Suu Kyi.
Since then, the Burmese regime--now called the State Peace and
Development Council--has refused to engage in a national dialogue with
Suu Kyi and the democratic opposition, and intensified its campaign of
oppression and abuse. In 2003, pro-government thugs attempted to
assassinate Su Kyi and other members of the National League for
Democracy as they rode in a motorcade in the northern city of Depayin.
Last May, the military junta renewed her house arrest for another
year. In fact, for most of the past 18 years, she has remained
imprisoned or under house arrest, alone without
[[Page S980]]
minimal contact with the outside world.
Yet, as in 1990, the regime has once again failed to stamp out Suu
Kyi's message of democracy, human rights, non-violence and the rule of
law. She continues to inspire not only the people of Burma but the
entire world. Indeed, Suu Kyi's commitment to freedom and democracy has
been widely recognized.
In 1990, Suu Kyi was awarded the Sakharov Prize for Freedom of
Thought by the European Parliament. The prize honors efforts on behalf
of human rights and fundamental freedoms, and in opposition to
injustice and oppression. It is named for the late Andrei Sakharov, the
Soviet dissident and Nobel Peace Prize winner.
In 1991, Suu Kyi was awarded the Nobel Peace Prize for her commitment
to nonviolence and support for freedom and democracy for Burma. She was
not allowed to attend the ceremony. In its recommendation, the Nobel
Committee wrote:
In the good fight for peace and reconciliation, we are
dependent on persons who set examples, persons who can
symbolize what we are seeking and mobilize the best in us.
Aung San Suu Kyi is just such a person. She unites deep
commitment and tenacity with a vision in which the end and
the means form a single unit. Its most important elements
are: democracy, respect for human rights, reconciliation
between groups, non-violence, and personal and collective
discipline.
Suu Kyi donated her $1.3 million in prize money to establish a health
and education fund for Burma. She is the world's only imprisoned Nobel
Peace Prize recipient.
In 2000, Suu Kyi was awarded the Presidential Medal of Freedom, the
Nation's highest civilian award, by President Bill Clinton.
Last year, 45 U.S. Senators signed a letter to United Nations
Secretary General Ban ki-Moon urging him to get personally involved in
pressing for Suu Kyi's release.
In letter addressed to the State Peace and Development Council, a
distinguished group of 59 former heads of state--including former
Filipino president Corazon Aquino, former Czech president Vaclav Havel,
former British prime minister John Major and former Presidents Bill
Clinton, Jimmy Carter, and George H.W. Bush--called for the regime to
release Aung San Suu Kyi. They correctly noted that ``Aung San Suu Kyi
is not calling for revolution in Burma, but rather peaceful, nonviolent
dialogue between the military, National League for Democracy, and
Burma's ethnic groups.''
It is only fitting, that Congress join this international chorus in
support of Aung San Suu Kyi and award her the Congressional Gold Medal.
As a U.S. Senator, I have worked hard to raise awareness about the
situation in Burma and pass legislation to put pressure on the military
junta to release Suu Kyi and begin a true dialogue on national
reconciliation. In 1997, former Senator Bill Cohen and I authored
legislation requiring the President to ban new U.S. investment in Burma
if he determined that the Government of Burma had physically harmed,
rearrested or exiled Aung San Suu Kyi or committed large-scale
repression or violence against the Democratic opposition. President
Clinton issued the Executive Order in 1997 and the ban remains on the
books today.
In 2003, after the regime attempted to assassinate Aung San Suu Kyi,
Senator McConnell and I introduced the Burmese Freedom and Democracy
Act of 2003 which placed a complete ban on imports from Burma. It
allowed that ban to be renewed one year at a time for up to 3 years. It
was signed into law and has been renewed one year at a time for each of
the past 4 years.
Last year, the women of the United States Senate came together to
form the Women's Caucus on Burma to express our solidarity with Suu
Kyi, call for her immediate release, urge the United Nations to pass a
binding resolution on Burma. At our inaugural event, we were pleased to
be joined by First Lady Laura Bush who added her own voice to those
calling for peace and democracy in Burma. Our message is clear: We will
not remain silent, we will not stand still until Aung San Suu Kyi and
all political prisoners are released and democratic government is
restored in Burma.
This legislation is but one small step on the path to that goal. I
remain hopeful that the military regime will heed the will of its
people and the international community and we will be able to present
Aung San Suu Kyi with this honor in person.
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. 2631
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. FINDINGS.
The Congress finds as follows:
(1) Aung San Suu Kyi was born on June 19, 1945, in Rangoon,
Burma, to Aung San, commander of the Burma Independence Army,
and Ma Khin Kyi.
(2) On August 15, 1988, Ms. Suu Kyi, in her first political
action, sent an open letter to the military controlled
government asking for free, open, and multi-party elections.
(3) On September 24, 1988, the National League for
Democracy (NLD) was formed, with Ms. Suu Kyi as the general-
secretary, and it was, and remains, dedicated to a policy of
non-violence and civil disobedience.
(4) Ms. Suu Kyi was subsequently placed under house arrest,
where she remained for the next 6 years--without being
charged or put on trial--and has been imprisoned twice more;
she currently remains under house arrest.
(5) Despite her detention, the National League for
Democracy won an open election with an overwhelming 82
percent of the vote--which the military junta nullified.
(6) While under house arrest, she has bravely refused
offers to leave the country to continue to promote freedom
and democracy in Burma.
(7) For her efforts on behalf of the Burmese people, she
has been awarded the Sakharov Prize for Freedom of Thought in
1990, the Presidential Medal of Freedom in 2000, and the
Nobel Peace Prize in 1991.
(8) Ms. Suu Kyi continues to fight on behalf of the Burmese
people, even donating her $1.3 million from her Nobel Prize
to establish a health and education fund for Burma.
(9) She is the world's only imprisoned Nobel Peace Prize
recipient, spending more than 12 of the past 17 years under
house arrest.
(10) Despite an assassination attempt against her life, her
prolonged illegal imprisonment, the constant public
vilification of her character, and her inability to see her
children or to see her husband before his death, Ms. Suu Kyi
remains committed to peaceful dialogue with her captors,
Burma's military regime, and Burma's ethnic nationalities
towards bringing democracy, human rights, and national
reconciliation to Burma.
SEC. 2. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--The Speaker of the House of
Representatives and the President Pro Tempore of the Senate
shall make appropriate arrangements for the presentation, on
behalf of the Congress, of a gold medal of appropriate
design, to Daw Aung San Suu Kyi in recognition of her
courageous and unwavering commitment to peace, nonviolence,
human rights, and democracy in Burma.
(b) Design and Striking.--For purposes of the presentation
referred to in subsection (a), the Secretary of the Treasury
(referred to in this Act as the ``Secretary'') shall strike a
gold medal with suitable emblems, devices, and inscriptions
to be determined by the Secretary.
SEC. 3. DUPLICATE MEDALS.
The Secretary may strike and sell duplicates in bronze of
the gold medal struck pursuant to section 2 under such
regulations as the Secretary may prescribe, at a price
sufficient to cover the cost thereof, including labor,
materials, dies, use of machinery, and overhead expenses, and
the cost of the gold medal.
SEC. 4. STATUS OF MEDALS.
(a) National Medals.--The medals struck pursuant to this
Act are national medals for purposes of chapter 51 of title
31, United States Code.
(b) Numismatic Items.--For purposes of sections 5134 and
5136 of title 31, United States Code, all medals struck under
this Act shall be considered to be numismatic items.
SEC. 5. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE.
(a) Authority To Use Fund Amounts.--There is authorized to
be charged against the United States Mint Public Enterprise
Fund such amounts as may be necessary to pay for the costs of
the medals struck pursuant to this Act.
(b) Proceeds of Sale.--Amounts received from the sale of
duplicate bronze medals authorized under section 3 shall be
deposited into the United States Mint Public Enterprise Fund.
______
By Mr. BOND:
S. 2632. A bill to ensure that the Sex Offender Registration and
Notification Act is applied retroactively; to the Committee on the
Judiciary.
Mr. BOND. Mr. President, today, I introduce legislation to close a
series of statutory loopholes setting free convicted sex offenders who
failed to register and notify their communities of
[[Page S981]]
their status as required by Federal law. I was outraged recently to
learn this was going on and I am sure you will agree that we must end
this injustice. I urge my colleagues to join me in support of this
legislation.
Under the Sex Offender Registration and Notification Act, SORNA,
passed as part of the Adam Walsh Child Protection and Safety Act of
2006, sex of-fenders are required to register with local authorities
and notify those authorities when they move or change jobs. However,
judges in Michigan and Pennsylvania have freed sex offenders arrested
for failing to register because of doubts over whether the statute
applies to sex offenses committed prior to SORNA's implementation. A
Missouri judge freed a noncomplying sex offender questioning whether
provisions extending Federal jurisdiction operated retroactively.
In the Missouri case, a Federal judge released convicted sex-offender
Terry L. Rich after his arrest for failure to register as a sex
offender upon moving to Kansas City 20 months ago. Mr. Rich arrived
after a prison stint in Iowa for failing to register there based on his
previous convictions for felony sexual abuse of a child, kidnaping,
indecency, child molestation and felony sexual battery of a young girl.
SORNA extends Federal jurisdiction to State sex offenders by applying
to those who ``travel'' in interstate commerce, and Mr. Rich seemed to
qualify by moving from Iowa to Missouri in March 2006. However, the
judge ruled that since Mr. Rich ``traveled'' prior to SORNA's enactment
in July 2006, he was not covered by the law's present tense ``travel''
requirement.
The Pennsylvania court freed persons hiding convictions of sexual
assault, rape, statutory rape, indecent assault and corruption of the
morals of a 6-year-old girl. The Michigan court freed a sex offender
who failed to register after convictions of first-degree rape and
sodomy.
The bill I propose closes the loopholes cited by the Missouri,
Michigan, and Pennsylvania courts to ensure that SORNA's registration
requirement applies to sex offenders irrespective of the date of their
offense or date of interstate travel. These are simple fixes to the
code, but vital to ensure that no more convicted sex offenders can hide
in our neighborhoods.
______
By Mr. REID:
S. 2636. A bill to provide needed housing reform; read the first
time.
S. 2636
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the
``Foreclosure Prevention Act of 2008''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--MODIFICATIONS ON USE OF QUALIFIED MORTGAGE BONDS
Sec. 101. Modifications on use of qualified mortgage bonds; temporary
increased volume cap for certain housing bonds.
TITLE II--EMERGENCY ASSISTANCE FOR THE REDEVELOPMENT OF ABANDONED AND
FORECLOSED HOMES
Sec. 201. Emergency assistance for the redevelopment of abandoned and
foreclosed homes.
TITLE III--HOUSING COUNSELING RESOURCES
Sec. 301. Housing counseling resources.
TITLE IV--HELPING FAMILIES SAVE THEIR HOME IN BANKRUPTCY ACT
Sec. 401. Short title.
Subtitle A--Minimizing Foreclosures
Sec. 411. Special rules for modification of loans secured by
residences.
Sec. 412. Waiver of counseling requirement when homes are in
foreclosure.
Subtitle B--Providing Other Debtor Protections
Sec. 421. Combating excessive fees.
Sec. 422. Maintaining debtors' legal claims.
Sec. 423. Resolving disputes.
Sec. 424. Enacting a homestead floor for debtors over 55 years of age.
Sec. 425. Disallowing claims from violations of consumer protection
laws.
TITLE V--MORTGAGE DISCLOSURE IMPROVEMENT ACT
Sec. 501. Short title.
Sec. 502. Enhanced mortgage loan disclosures.
TITLE VI--INCENTIVES FOR BUSINESS
Sec. 601. Carryback of certain net operating losses allowed for 5
years; temporary suspension of 90 percent AMT limit.
TITLE I--MODIFICATIONS ON USE OF QUALIFIED MORTGAGE BONDS
SEC. 101. MODIFICATIONS ON USE OF QUALIFIED MORTGAGE BONDS;
TEMPORARY INCREASED VOLUME CAP FOR CERTAIN
HOUSING BONDS.
(a) Use of Qualified Mortgage Bonds Proceeds for Subprime
Refinancing Loans.--Section 143(k) of the Internal Revenue
Code of 1986 (relating to other definitions and special
rules) is amended by adding at the end the following new
paragraph:
``(12) Special rules for subprime refinancings.--
``(A) In general.--Notwithstanding the requirements of
subsection (i)(1), the proceeds of a qualified mortgage issue
may be used to refinance a mortgage on a residence which was
originally financed by the mortgagor through a qualified
subprime loan.
``(B) Special rules.--In applying this paragraph to any
case in which the proceeds of a qualified mortgage issue are
used for any refinancing described in subparagraph (A)--
``(i) subsection (a)(2)(D)(i) shall be applied by
substituting `12-month period' for `42-month period' each
place it appears,
``(ii) subsection (d) (relating to 3-year requirement)
shall not apply, and
``(iii) subsection (e) (relating to purchase price
requirement) shall be applied by using the market value of
the residence at the time of refinancing in lieu of the
acquisition cost.
``(C) Qualified subprime loan.--The term `qualified
subprime loan' means an adjustable rate single-family
residential mortgage loan originated after December 31, 2001,
and before January 1, 2008, that the bond issuer determines
would be reasonably likely to cause financial hardship to the
borrower if not refinanced.
``(D) Termination.--This paragraph shall not apply to any
bonds issued after December 31, 2010.''.
(b) Increased Volume Cap for Certain Bonds.--
(1) In general.--Subsection (d) of section 146 of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new paragraph:
``(5) Increase and set aside for housing bonds for 2008.--
``(A) Increase for 2008.--In the case of calendar year
2008, the State ceiling for each State shall be increased by
an amount equal to $10,000,000,000 multiplied by a fraction--
``(i) the numerator of which is the population of such
State (as reported in the most recent decennial census), and
``(ii) the denominator of which is the total population of
all States (as reported in the most recent decennial census).
``(B) Set aside.--
``(i) In general.--Any amount of the State ceiling for any
State which is attributable to an increase under this
paragraph shall be allocated solely for one or more qualified
purposes.
``(ii) Qualified purpose.--For purposes of this paragraph,
the term `qualified purpose' means--
``(I) the issuance of exempt facility bonds used solely to
provide qualified residential rental projects, or
``(II) a qualified mortgage issue (determined by
substituting `12-month period' for `42-month period' each
place it appears in section 143(a)(2)(D)(i)).''.
(2) Carryforward of unused limitations.--Subsection (f) of
section 146 of such Code is amended by adding at the end the
following new paragraph:
``(6) Special rules for increased volume cap under
subsection (d)(5).--
``(A) In general.--No amount which is attributable to the
increase under subsection (d)(5) may be used--
``(i) for a carryforward purpose other than a qualified
purpose (as defined in subsection (d)(5)), and
``(ii) to issue any bond after calendar year 2010.
``(B) Ordering rules.--For purposes of subparagraph (A),
any carryforward of an issuing authority's volume cap for
calendar year 2008 shall be treated as attributable to such
increase to the extent of such increase.''.
(c) Alternative Minimum Tax.--
(1) In general.--Clause (ii) of section 57(a)(5)(C) of the
Internal Revenue Code of 1986 is amended by striking ``shall
not include'' and all that follows and inserting ``shall not
include--
``(I) any qualified 501(c)(3) bond (as defined in section
145), or
``(II) any qualified mortgage bond (as defined in section
143(a)) or qualified veterans' mortgage bond (as defined in
section 143(b)) issued after the date of the enactment of
this subclause and before January 1, 2011.''.
(2) Conforming amendment.--The heading for section
57(a)(5)(C)(ii) is amended by striking ``qualified 501(c)(3)
bonds'' and inserting ``certain bonds''.
(d) Effective Date.--The amendments made by this section
shall apply to bonds issued after the date of the enactment
of this title.
TITLE II--EMERGENCY ASSISTANCE FOR THE REDEVELOPMENT OF ABANDONED AND
FORECLOSED HOMES
SEC. 201. EMERGENCY ASSISTANCE FOR THE REDEVELOPMENT OF
ABANDONED AND FORECLOSED HOMES.
(a) Direct Appropriations.--There shall be appropriated out
of any money in the Treasury not otherwise appropriated for
the
[[Page S982]]
fiscal year 2008, $4,000,000,000, to remain available until
expended, for assistance to States and units of general local
government (as such terms are defined in section 102 of the
Housing and Community Development Act of 1974 (42 U.S.C.
5302)) for the redevelopment of abandoned and foreclosed
homes.
(b) Allocation of Appropriated Amounts.--
(1) In general.--The amounts appropriated or otherwise made
available to States and units of general local government
under this section shall be allocated based on a funding
formula established by the Secretary of Housing and Urban
Development.
(2) Formula to be devised swiftly.--The funding formula
required under paragraph (1) shall be established not later
than 60 days after the date of enactment of this title.
(3) Criteria.--The funding formula required under paragraph
(1) shall ensure that any amounts appropriated or otherwise
made available under this section are allocated to States and
units of general local government with the greatest need, as
such need is determined in the discretion of the Secretary
based on the following factors:
(A) The number and percentage of home foreclosures in each
State or unit of general local government.
(B) The number and percentage of homes financed by a
subprime mortgage related loan in each State or unit of
general local government.
(C) The number and percentage of homes in default or
delinquency in each State or unit of general local
government.
(4) Distribution.--Amounts appropriated or otherwise made
available to States and units of general local government
under this section shall be distributed according to the
funding formula required under paragraph (1) not later than
30 days after the establishment of such formula.
(c) Use of Funds.--
(1) In general.--Any State or unit of general local
government that receives amounts pursuant to this section
shall, not later than 18 months after the receipt of such
amounts, use such amounts to redevelop abandoned and
foreclosed homes.
(2) Priority.--Any State or unit of general local
government that receives amounts pursuant to this section
shall in distributing such amounts give priority emphasis and
consideration to those metropolitan areas, metropolitan
cities, urban areas, rural areas, low- and moderate-income
areas, and other areas with the greatest need, including
those--
(A) with the greatest percentage of home foreclosures;
(B) with the highest percentage of homes financed by a
subprime mortgage related loan; or
(C) identified by the State or unit of general local
government as likely to face a significant rise in the rate
of home foreclosures.
(3) Eligible uses.--
(A) In general.--Amounts made available under this section
may be used to--
(i) make grants, loans, and other financing mechanisms to
community development financial institutions (as such term is
defined under section 103(5) of the Community Development
Banking and Financial Institutions Act of 1994 (12 U.S.C.
4702(5))), national intermediaries, and nonprofit housing or
community development organizations and others to purchase
and rehabilitate homes that have been abandoned or foreclosed
upon, in order to sell, rent, or redevelop such homes;
(ii) establish financing mechanisms for redevelopment of
foreclosed upon homes, including such mechanisms as soft-
seconds, loan loss reserves, and shared-equity loans for low-
and moderate-income homebuyers;
(iii) purchase and rehabilitate homes that have been
abandoned or foreclosed upon, in order to sell, rent, or
redevelop such homes;
(iv) establish land banks for homes that have been
foreclosed upon; and
(v) demolish blighted structures.
(B) Limitation.--Any funds used under this section for the
purchase of an abandoned or foreclosed upon home shall be at
a cost equal to or less than the appraised value of the home
based on the most up-to-date appraisal, as such appraisal is
defined by the Secretary.
(d) Rule of Construction.--Amounts appropriated or
otherwise made available to States and units of general local
government under this section shall be treated as though such
funds were community development block grant funds under
title I of the Housing and Community Development Act of 1974.
(e) Waiver Authority.--
(1) In general.--In administering any amounts appropriated
or otherwise made available under this section, the Secretary
of Housing and Urban Development may waive, or specify
alternative requirements for, any provision of any statute or
regulation that the Secretary administers in connection with
the obligation by the Secretary or the use by the recipient
of such funds (except for requirements related to fair
housing, nondiscrimination, labor standards, and the
environment), in order to expedite or facilitate the use of
such funds.
(2) Low and moderate income requirement.--Notwithstanding
the authority of the Secretary under paragraph (1), all of
the funds appropriated or otherwise made available under this
section shall be used with respect to persons whose income
does not exceed 120 percent of area median income.
(f) Emergency Designation.--The amounts appropriated under
this title are designated as an emergency requirement and
necessary to meet emergency needs pursuant to section 204 of
S. Con. Res. 21 (110th Congress), the concurrent resolution
on the budget for fiscal year 2008.
TITLE III--HOUSING COUNSELING RESOURCES
SEC. 301. HOUSING COUNSELING RESOURCES.
There shall be appropriated out of any money in the
Treasury not otherwise appropriated, for an additional amount
for the ``Neighborhood Reinvestment Corporation--Payment to
the Neighborhood Reinvestment Corporation'' $200,000,000,000,
to remain available until September 30, 2008, for foreclosure
mitigation activities under the terms and conditions
contained in the second paragraph under the heading
``Neighborhood Reinvestment Corporation--Payment to the
Neighborhood Reinvestment Corporation'' of Public Law 110-
161.
TITLE IV--HELPING FAMILIES SAVE THEIR HOME IN BANKRUPTCY ACT
SEC. 401. SHORT TITLE.
This title may be cited as the ``Helping Families Save
Their Homes in Bankruptcy Act of 2008''.
Subtitle A--Minimizing Foreclosures
SEC. 411. SPECIAL RULES FOR MODIFICATION OF LOANS SECURED BY
RESIDENCES.
(a) In General.--Section 1322(b) of title 11, United States
Code, is amended--
(1) in paragraph (10), by striking ``and'' at the end;
(2) by redesignating paragraph (11) as paragraph (12); and
(3) by inserting after paragraph (10) the following:
``(11) notwithstanding paragraph (2) and otherwise
applicable nonbankruptcy law--
``(A) modify an allowed secured claim secured by the
debtor's principal residence, as described in subparagraph
(B), if, after deduction from the debtor's current monthly
income of the expenses permitted for debtors described in
section 1325(b)(3) of this title (other than amounts
contractually due to creditors holding such allowed secured
claims and additional payments necessary to maintain
possession of that residence), the debtor has insufficient
remaining income to retain possession of the residence by
curing a default and maintaining payments while the case is
pending, as provided under paragraph (5); and
``(B) provide for payment of such claim--
``(i) for a period not to exceed 30 years (reduced by the
period for which the loan has been outstanding) from the date
of the order for relief under this chapter; and
``(ii) at a rate of interest accruing after such date
calculated at a fixed annual percentage rate, in an amount
equal to the most recently published annual yield on
conventional mortgages published by the Board of Governors of
the Federal Reserve System, as of the applicable time set
forth in the rules of the Board, plus a reasonable premium
for risk; and''.
(b) Conforming Amendment.--Section 1325(a)(5) of title 11,
United States Code, is amended by inserting before ``with
respect'' the following: ``except as otherwise provided in
section 1322(b)(11) of this title,''.
SEC. 412. WAIVER OF COUNSELING REQUIREMENT WHEN HOMES ARE IN
FORECLOSURE.
Section 109(h) of title 11, United States Code, is amended
by adding at the end the following:
``(5) Paragraph (1) shall not apply with respect to a
debtor who files with the court a certification that a
foreclosure sale of the debtor's principal residence has been
scheduled.''.
Subtitle B--Providing Other Debtor Protections
SEC. 421. COMBATING EXCESSIVE FEES.
Section 1322(c) of title 11, the United States Code, is
amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) to the extent that an allowed secured claim is
secured by the debtor's principal residence, the value of
which is greater than the amount of such claim, fees, costs,
or charges arising during the pendency of the case may be
added to secured debt provided for by the plan only if--
``(A) notice of such fees, costs or charges is filed with
the court before the expiration of the earlier of--
``(i) 1 year after the time at which they are incurred; or
``(ii) 60 days before the conclusion of the case; and
``(B) such fees, costs, or charges are lawful, reasonable,
and provided for in the underlying contract;
``(4) the failure of a party to give notice described in
paragraph (3) shall be deemed a waiver of any claim for fees,
costs, or charges described in paragraph (3) for all
purposes, and any attempt to collect such fees, costs, or
charges shall constitute a violation of section 524(a)(2) of
this title or, if the violation occurs before the date of
discharge, of section 362(a) of this title; and
``(5) a plan may provide for the waiver of any prepayment
penalty on a claim secured by the principal residence of the
debtor.''.
SEC. 422. MAINTAINING DEBTORS' LEGAL CLAIMS.
Section 554(e) of title 11, United States Code, is amended
by adding at the end the following:
[[Page S983]]
``(e) In any action in State or Federal court with respect
to a claim or defense asserted by an individual debtor in
such action that was not scheduled under section 521(a)(1) of
this title, the trustee shall be allowed a reasonable time to
request joinder or substitution as the real party in
interest. If the trustee does not request joinder or
substitution in such action, the debtor may proceed as the
real party in interest, and no such action shall be dismissed
on the ground that it is not prosecuted in the name of the
real party in interest or on the ground that the debtor's
claims were not properly scheduled in a case under this
title.''.
SEC. 423. RESOLVING DISPUTES.
Section 1334 of title 28, United States Code, is amended by
adding at the end the following: ``Notwithstanding any
agreement for arbitration that is subject to chapter 1 of
title 9, in any core proceeding under section 157(b) of this
title involving an individual debtor whose debts are
primarily consumer debts, the court may hear and determine
the proceeding, and enter appropriate orders and judgments,
in lieu of referral to arbitration.''.
SEC. 424. ENACTING A HOMESTEAD FLOOR FOR DEBTORS OVER 55
YEARS OF AGE.
(a) In General.--Section 522(b)(3) of title 11, United
States Code, is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end and inserting the following:
``(D) if the debtor, as of the date of the filing of the
petition, is 55 years old or older, the debtor's aggregate
interest, not to exceed $75,000 in value, in real property or
personal property that the debtor or a dependent of the
debtor uses as a principal residence, or in a cooperative
that owns property that the debtor or a dependent of the
debtor uses as a principal residence.''.
(b) Exemption Authority.--Section 522(d)(1) of title 11,
United States Code, is amended by inserting ``or, if the
debtor is 55 years of age or older, $75,000 in value,''
before ``in real property''.
SEC. 425. DISALLOWING CLAIMS FROM VIOLATIONS OF CONSUMER
PROTECTION LAWS.
Section 502(b) of title 11, United States Code, is
amended--
(1) in paragraph (8), by striking ``or'' at the end;
(2) in paragraph (9), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(10) the claim is subject to any remedy for damages or
rescission due to failure to comply with any applicable
requirement under the Truth in Lending Act (15 U.S.C. 1601 et
seq.), or any other provision of applicable State or Federal
consumer protection law that was in force when the
noncompliance took place, notwithstanding the prior entry of
a foreclosure judgment.''.
TITLE V--MORTGAGE DISCLOSURE IMPROVEMENT ACT
SEC. 501. SHORT TITLE.
This title may be cited as the ``Mortgage Disclosure
Improvement Act of 2008''.
SEC. 502. ENHANCED MORTGAGE LOAN DISCLOSURES.
(a) Truth in Lending Act Disclosures.--Section 128(b)(2) of
the Truth in Lending Act (15 U.S.C. 1638(b)(2)) is amended--
(1) by inserting ``(A)'' before ``In the'';
(2) by striking ``a residential mortgage transaction, as
defined in section 103(w)'' and inserting ``any extension of
credit that is secured by the dwelling of a consumer'';
(3) by striking ``shall be made in accordance'' and all
that follows through ``extended, or'';
(4) by striking ``If the'' and all that follows through the
end of the paragraph and inserting the following:
``(B) In the case of an extension of credit that is secured
by the dwelling of a consumer, in addition to the other
disclosures required by subsection (a), the disclosures
provided under this paragraph shall--
``(i) state in conspicuous type size and format, the
following: `You are not required to complete this agreement
merely because you have received these disclosures or signed
a loan application.'; and
``(ii) be furnished to the borrower not later than 7
business days before the date of consummation of the
transaction, and at the time of consummation of the
transaction, subject to subparagraph (D).
``(C) In the case of an extension of credit that is secured
by the dwelling of a consumer, under which the annual rate of
interest is variable, or with respect to which the regular
payments may otherwise be variable, in addition to the other
disclosures required by subsection (a), the disclosures
provided under this paragraph shall--
``(i) label the payment schedule as follows: `Payment
Schedule: Payments Will Vary Based on Interest Rate Changes';
and
``(ii) state the maximum amount of the regular required
payments on the loan, based on the maximum interest rate
allowed, introduced with the following language in
conspicuous type size and format: `Your payment can go as
high as ___', the blank to be filled in with the maximum
possible payment amount.
``(D) In any case in which the disclosure statement
provided 7 business days before the date of consummation of
the transaction contains an annual percentage rate of
interest that is no longer accurate, as determined under
section 107(c), the creditor shall furnish an additional,
corrected statement to the borrower, not later than 3
business days before the date of consummation of the
transaction.''.
(b) Civil Liability.--Section 130(a) of the Truth in
Lending Act (15 U.S.C. 1640(a)) is amended--
(1) in paragraph (2)(A)(iii), by striking ``not less than
$200 or greater than $2,000'' and inserting ``$5,000, such
amount to be adjusted annually based on the consumer price
index, to maintain current value''; and
(2) in the penultimate sentence of the undesignated matter
following paragraph (4)--
(A) by striking ``only for'' and inserting ``for'';
(B) by striking ``section 125 or'' and inserting ``section
122, section 125,'';
(C) by inserting ``or section 128(b),''after ``128(a),'';
and
(D) by inserting ``or section 128(b)'' before the period.
TITLE VI--INCENTIVES FOR BUSINESS
SEC. 601. CARRYBACK OF CERTAIN NET OPERATING LOSSES ALLOWED
FOR 5 YEARS; TEMPORARY SUSPENSION OF 90 PERCENT
AMT LIMIT.
(a) In General.--Subparagraph (H) of section 172(b)(1) of
the Internal Revenue Code of 1986 is amended to read as
follows:
``(H) 5-year carryback of certain losses.--
``(i) Taxable years ending during 2001 and 2002.--In the
case of a net operating loss for any taxable year ending
during 2001 or 2002, subparagraph (A)(i) shall be applied by
substituting `5' for `2' and subparagraph (F) shall not
apply.
``(ii) Taxable years beginning or ending during 2006, 2007,
and 2008.--In the case of a net operating loss with respect
to any eligible taxpayer (within the meaning of section
168(k)(1)(B)) for any taxable year beginning or ending during
2006, 2007, or 2008--
``(I) subparagraph (A)(i) shall be applied by substituting
`5' for `2',
``(II) subparagraph (E)(ii) shall be applied by
substituting `4' for `2', and
``(III) subparagraph (F) shall not apply.''.
(b) Temporary Suspension of 90 Percent Limit on Certain NOL
Carrybacks and Carryovers.--
(1) In general.--Section 56(d) of the of the Internal
Revenue Code of 1986 is amended by adding at the end the
following new paragraph:
``(3) Additional adjustments.--For purposes of paragraph
(1)(A), in the case of an eligible taxpayer (within the
meaning of section 168(k)(1)(B)), the amount described in
clause (I) of paragraph (1)(A)(ii) shall be increased by the
amount of the net operating loss deduction allowable for the
taxable year under section 172 attributable to the sum of--
``(A) carrybacks of net operating losses from taxable years
beginning or ending during 2006, 2007, and 2008, and
``(B) carryovers of net operating losses to taxable years
beginning or ending during 2006, 2007, or 2008.''.
(2) Conforming amendment.--Subclause (I) of section
56(d)(1)(A)(i) of such Code is amended by inserting ``amount
of such'' before ``deduction described in clause (ii)(I)''.
(c) Anti-Abuse Rules.--The Secretary of Treasury or the
Secretary's designee shall prescribes such rules as are
necessary to prevent the abuse of the purposes of the
amendments made by this section, including anti-stuffing
rules, anti-churning rules (including rules relating to sale-
leasebacks), and rules similar to the rules under section
1091 of the Internal Revenue Code of 1986 relating to losses
from wash sales.
(d) Effective Dates.--
(1) Subsection (a).--
(A) In general.--Except as provided in subparagraph (B),
the amendments made by subsection (a) shall apply to net
operating losses arising in taxable years beginning or ending
in 2006, 2007, or 2008.
(B) Election.--In the case of an eligible taxpayer (within
the meaning of section 168(k)(1)(B) of the Internal Revenue
Code of 1986) with a net operating loss for a taxable year
beginning or ending during 2006 or 2007--
(i) any election made under section 172(b)(3) of the
Internal Revenue Code of 1986 may (notwithstanding such
section) be revoked before November 1, 2008, and
(ii) any election made under section 172(j) of such Code
shall (notwithstanding such section) be treated as timely
made if made before November 1, 2008.
(2) Subsection (b).--The amendments made by subsection (b)
shall apply to taxable years ending after December 31, 1995.
____________________