[Congressional Record Volume 154, Number 148 (Wednesday, September 17, 2008)]
[Senate]
[Pages S8951-S8955]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mrs. LINCOLN (for herself, Ms. Snowe, and Mr. Isakson):
  S. 3505. A bill to amend title XVIII of the Social Security Act to 
provide for the coverage of home infusion therapy under the Medicare 
Program; to the Committee on Finance.
  Ms. SNOWE. Mr. President, today I join my colleague, Senator Lincoln 
of Arkansas, to introduce the Medicare Home Infusion Coverage Act, 
which will help us improve care and reduce costs. Today we know that 
the average Medicare beneficiary must shoulder nearly half their health 
care costs. At the same time Medicare faces serious fiscal challenges. 
Currently, the Part A, hospital, Trust Fund faces insolvency in 2019, 
when expenditures will exceed projected contributions and require 
additional taxpayer support to maintain the care our seniors and so 
many disabled Americans require.
  There is another way, and that is to reform care delivery to 
emphasize high quality, lower cost care. Today the many serious 
conditions--including some cancers and drug-resistant infections--
require the use of infusion therapy. Such treatment involves the 
administration of medication directly into the bloodstream via a needle 
or catheter. Specialized equipment, supplies, and professional services 
(such as sterile drug compounding, care coordination, and patient 
education and monitoring) are part of such therapy. The course of 
infusion treatment often lasts for several hours per day over a six-to-
eight week period.
  The unfortunate fact is that Medicare patients requiring infusion 
therapy must either bear that cost themselves, or endure 
hospitalization in order to receive coverage. Though Medicare pays for 
infusion drugs, it does not pay for the services, equipment, and 
supplies necessary to safely provide infusion therapy in the home. Not 
surprisingly, even though home infusion therapy may cost as little as 
$100 a day, too few seniors can bear that cost.
  The result is that patients are hospitalized needlessly, driving 
costs of treatment as much as 10-20 times higher than treatment in the 
home. That is wasteful to Medicare and may even place the patient at 
risk. That is because unnecessary hospitalization places individuals at 
risk of acquiring a health care-acquired infection--one which is 
frequently drug resistant and can be life-threatening.
  Private health plans have long understood that home infusion therapy 
is not only less costly, but safer as well. Thus private coverage for 
home infusion therapy is common. Private plans also recognize that 
patients benefit from avoiding hospitalization. At home they have 
familiar, comfortable surroundings, and family conveniently at hand--no 
small concerns when fighting a serious illness.
  It is clear we must change the status quo, and achieve safer, most 
cost-effective treatment. By extending coverage of infusion therapy to 
the home, we will correct this unintended and unnecessary gap in 
Medicare coverage.
  I hope my colleagues will join us in support of this legislation so 
we may further the goals of improving patient safety and reducing our 
escalating health care costs.
                                 ______
                                 
      By Mr. REED (for himself, Mr. Kennedy, Mr. Baucus, Ms. Stabenow, 
        Mrs. Boxer, Mr. Obama, Mr. Schumer, Mr. Whitehouse, Mr. Brown, 
        Mr. Durbin, Mr. Levin, Mr. Rockefeller, Mr. Kerry, Mr. Biden, 
        Mr. Lautenberg, Mrs. Feinstein, Mr. Harkin, and Mr. Dodd):
  S. 3507. A bill to provide for additional emergency unemployment 
compensation; to the Committee on Health, Education, Labor, and 
Pensions.
  Mr. REED. 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. 3507

       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 ``Unemployment Compensation 
     Extension Act of 2008''.

     SEC. 2. ADDITIONAL FIRST-TIER BENEFITS.

       Section 4002(b)(1) of the Supplemental Appropriations Act, 
     2008 (26 U.S.C. 3304 note) is amended--
       (1) in subparagraph (A), by striking ``50'' and inserting 
     ``80''; and
       (2) in subparagraph (B), by striking ``13'' and inserting 
     ``20''.

     SEC. 3. SECOND-TIER BENEFITS.

       Section 4002 of the Supplemental Appropriations Act, 2008 
     (26 U.S.C. 3304 note) is amended by adding at the end the 
     following:
       ``(c) Special Rule.--
       ``(1) In general.--If, at the time that the amount 
     established in an individual's account under subsection 
     (b)(1) is exhausted or at any time thereafter, such 
     individual's State is in an extended benefit period (as 
     determined under paragraph (2)), such account shall be 
     augmented by an amount equal to the lesser of--
       ``(A) 50 percent of the total amount of regular 
     compensation (including dependents' allowances) payable to 
     the individual during the individual's benefit year under the 
     State law, or
       ``(B) 13 times the individual's average weekly benefit 
     amount (as determined under subsection (b)(2)) for the 
     benefit year.
       ``(2) Extended benefit period.--For purposes of paragraph 
     (1), a State shall be considered to be in an extended benefit 
     period, as of any given time, if--
       ``(A) such a period is then in effect for such State under 
     the Federal-State Extended Unemployment Compensation Act of 
     1970;
       ``(B) such a period would then be in effect for such State 
     under such Act if section 203(d) of such Act--
       ``(i) were applied by substituting `4' for `5' each place 
     it appears; and
       ``(ii) did not include the requirement under paragraph 
     (1)(A) thereof; or
       ``(C) such a period would then be in effect for such State 
     under such Act if--
       ``(i) section 203(f) of such Act were applied to such State 
     (regardless of whether the State by law had provided for such 
     application); and
       ``(ii) such section 203(f)--

       ``(I) were applied by substituting `6.0' for `6.5' in 
     paragraph (1)(A)(i) thereof; and
       ``(II) did not include the requirement under paragraph 
     (1)(A)(ii) thereof.

       ``(3) Limitation.--The account of an individual may be 
     augmented not more than once under this subsection.''.

[[Page S8952]]

     SEC. 4. PHASEOUT PROVISIONS.

       Section 4007(b) of the Supplemental Appropriations Act, 
     2008 (26 U.S.C. 3304 note) is amended--
       (1) in paragraph (1), by striking ``paragraph (2),'' and 
     inserting ``paragraphs (2) and (3),''; and
       (2) by striking paragraph (2) and inserting the following:
       ``(2) No augmentation after march 31, 2009.--If the amount 
     established in an individual's account under subsection 
     (b)(1) is exhausted after March 31, 2009, then section 
     4002(c) shall not apply and such account shall not be 
     augmented under such section, regardless of whether such 
     individual's State is in an extended benefit period (as 
     determined under paragraph (2) of such section).
       ``(3) Termination.--No compensation under this title shall 
     be payable for any week beginning after November 27, 2009.''.

     SEC. 5. TEMPORARY FEDERAL MATCHING FOR THE FIRST WEEK OF 
                   EXTENDED BENEFITS FOR STATES WITH NO WAITING 
                   WEEK.

       With respect to weeks of unemployment beginning after the 
     date of enactment of this Act and ending on or before 
     December 8, 2009, subparagraph (B) of section 204(a)(2) of 
     the Federal-State Extended Unemployment Compensation Act of 
     1970 (26 U.S.C. 3304 note) shall not apply.

     SEC. 6. EFFECTIVE DATE.

       The amendments made by sections 2, 3, and 4 shall apply as 
     if included in the enactment of the Supplemental 
     Appropriations Act, 2008.
                                 ______
                                 
      By Mr. KOHL:
  S. 3508. A bill to authorize the Secretary of Education to make 
grants to support early college high schools and other dual enrollment 
programs; to the Committee on Health, Education, Labor, and Pensions.
  Mr. KOHL. Mr. President, today I am doing my part to end the growing 
crisis of high school dropouts. I am introducing the Fast Track to 
College Act, a bill to increase high school graduation rates and 
improve access to college through the expansion of dual enrollment 
programs and early college high schools. Such programs allow young 
people to earn up to 2 years of college credit, including an 
associate's degree, while also earning their high school diploma.
  As we work to reauthorize the No Child Left Behind Act, we must find 
solutions to the growing dropout crisis facing our Nation's high 
schools and provide opportunities for young people to pursue higher 
education. Recent reports have illustrated the enormous challenge: the 
national graduation rate is only 70 percent and is significantly lower 
in many large urban school districts. For example, my home State of 
Wisconsin has a relatively high graduation rate of 86 percent, but that 
rate drops to only 46 percent in the urban schools in Milwaukee. Such 
an achievement gap cannot continue.
  For America to remain a leader in today's increasingly global 
economy, we must ensure that all young people obtain not only a high 
school diploma, but a postsecondary education as well. High dropout 
rates and low college attendance rates hurt individuals, families, and 
society. Young people who drop out of high school are at increased risk 
for unemployment and incarceration, and they are more likely to depend 
on public assistance for healthcare, housing and other basic needs. 
Conversely, adults with a bachelor's degree will earn two thirds more 
than a high school graduate over the course of their working lives and 
are much less likely to experience unemployment or rely on social 
programs.
  For these reasons, I ask my colleagues to support this bill, which 
provides competitive grant funding for dual enrollment programs that 
allow low-income students to earn college credit and a high school 
diploma at the same time. The Gates Foundation has been funding and 
evaluating such programs for several years now, and they have found 
that these programs work. Students can be motivated by a challenging 
curriculum and the tangible rewards of achievement, including free 
college credit and exposure to career opportunities. These programs 
have shown incredible promise as a tool for increasing attendance, 
graduation, and college enrollment rates, particularly among low-income 
high school students. Dual enrollment puts students on the fast track 
to college and increases the odds that they will not only graduate, but 
go on to continue their education and secure higher-paying jobs.
  Specifically, this bill authorizes $100,000,000 for competitive 6-
year grants to schools, with priority given to schools that serve low-
income students. The funding will help defray the costs of tuition, 
textbooks, transportation, and other associated costs for students in 
early college high school and other dual enrollment programs. The bill 
also includes an evaluation component so we can measure the program's 
effectiveness.
  I believe this investment in our schools will help solve the dropout 
crisis and secure America's future by ensuring that all young people 
can compete in today's global economy. Further, I believe that all 
children, regardless of income or other factors, deserve equal 
opportunities to fulfill their potential, and it is both morally and 
fiscally responsible for this Congress to invest in high-quality 
educational programs that help them reach that potential.
  I urge my colleagues to support this important 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. 3508

       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 ``Fast Track to College Act of 
     2008''.

     SEC. 2. PURPOSE.

       The purpose of this Act is to increase high school 
     graduation rates and the percentage of students who complete 
     a recognized postsecondary credential by the age of 26, 
     including among low-income students and students from other 
     populations underrepresented in higher education.

     SEC. 3. DEFINITIONS.

       For purposes of this Act:
       (1) Dual enrollment program.--The term ``dual enrollment 
     program'' means an academic program through which a high 
     school student is able simultaneously to earn credit toward a 
     high school diploma and a postsecondary degree or 
     certificate.
       (2) Early college high school.--The term ``early college 
     high school'' means a high school that provides a course of 
     study that enables a student to earn a high school diploma 
     and either an associate's degree or one to two years of 
     college credit toward a postsecondary degree or credential.
       (3) Educational service agency.--The term ``educational 
     service agency'' means an educational service agency as 
     defined by section 9101 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7801).
       (4) Eligible entity.--The term ``eligible entity'' means a 
     local educational agency, which may be an educational service 
     agency, in a collaborative partnership with an institution of 
     higher education. Such partnership also may include other 
     entities, such as a nonprofit organization with experience in 
     youth development.
       (5) Institution of higher education.--The term 
     ``institution of higher education'' means an institution of 
     higher education as defined by section 102 of the Higher 
     Education Act of 1965 (20 U.S.C. 1002).
       (6) Local educational agency.--The term ``local educational 
     agency'' means a local educational agency as defined by 
     section 9101 of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 7801).
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of Education.

     SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

       (a) Early College High Schools.--To support early college 
     high schools under this Act, there are authorized to be 
     appropriated $50,000,000 for fiscal year 2009 and such sums 
     as may be necessary for each of fiscal years 2010 through 
     2014.
       (b) Other Dual Enrollment Programs.--To support other dual 
     enrollment programs under this Act, there are authorized to 
     be appropriated $50,000,000 for fiscal year 2009 and such 
     sums as may be necessary for each of fiscal years 2010 
     through 2014.
       (c) Funds Reserved.--The Secretary shall reserve 3 percent 
     of funds appropriated pursuant to subsection (b) for grants 
     to States under section 9.

     SEC. 5. AUTHORIZED PROGRAM.

       (a) In General.--The Secretary is authorized to award six-
     year grants to eligible entities seeking to establish a new 
     or support an existing early college high school or other 
     dual enrollment program.
       (b) Grant Amount.--A grant under this Act shall not exceed 
     $2,000,000.
       (c) Matching Requirement.--
       (1) In general.--An eligible entity shall contribute 
     matching funds toward the costs of the early college high 
     school or other dual enrollment program to be supported under 
     this Act, of which not less than half shall be from non-
     Federal sources, which funds shall represent not less than 
     the following:
       (A) 20 percent of the grant amount received in each of the 
     first and second years of the grant.
       (B) 30 percent in each of the third and fourth years.
       (C) 40 percent in the fifth year.
       (D) 50 percent in the sixth year.
       (2) Determination of amount contributed.--The Secretary 
     shall allow an eligible

[[Page S8953]]

     entity to satisfy the requirement of this subsection through 
     in-kind contributions.
       (d) Supplement, Not Supplant.--An eligible entity shall use 
     a grant received under this Act only to supplement funds that 
     would, in the absence of such grant, be made available from 
     non-Federal funds for support of the activities described in 
     the eligible entity's application under section 7, and not to 
     supplant such funds.
       (e) Priority.--In awarding grants under this Act, the 
     Secretary shall give priority to applicants--
       (1) that propose to establish or support an early college 
     high school or other dual enrollment program that will serve 
     a student population of which 40 percent or more are students 
     counted under section 1113(a)(5) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6313(a)(5)); and
       (2) from States that provide assistance to early college 
     high schools or other dual enrollment programs, such as 
     assistance to defray the costs of higher education, such as 
     tuition, fees, and textbooks.
       (f) Geographic Distribution.--The Secretary shall, to the 
     maximum extent practicable, ensure that grantees are from a 
     representative cross-section of urban, suburban, and rural 
     areas.

     SEC. 6. USES OF FUNDS.

       (a) Mandatory Activities.--An eligible entity shall use 
     grant funds received under section 5 to support the 
     activities described in its application, including for the 
     following:
       (1) Planning year.--In the case of a new early college high 
     school or dual enrollment program, during the first year of 
     the grant--
       (A) hiring a principal and staff, as appropriate;
       (B) designing the curriculum and sequence of courses in 
     collaboration with at a minimum, teachers from the local 
     educational agency and faculty from the partner institution 
     of higher education;
       (C) educating parents and the community about the school;
       (D) recruiting students;
       (E) liaison activities among partners in the eligible 
     entity; and
       (F) coordinating secondary and postsecondary support 
     services, academic calendars, and transportation.
       (2) Implementation period.--During the remainder of the 
     grant period--
       (A) academic and social support services, including 
     counseling;
       (B) student recruitment and community education and 
     engagement;
       (C) professional development, including joint professional 
     development for secondary school and faculty from the 
     institution of higher education; and
       (D) school design and planning team activities, including 
     curriculum development.
       (b) Allowable Activities.--An eligible entity may also use 
     grant funds received under this Act to otherwise support the 
     activities described in its application, including--
       (1) purchasing textbooks and equipment that support 
     academic programs;
       (2) learning opportunities for students that complement 
     classroom experiences, such as internships, career-based 
     capstone projects, and opportunities provided under chapters 
     1 and 2 of subpart 2 of part A of title IV of the Higher 
     Education Act of 1965 (20 U.S.C. 1070a-11 et seq., 1070a-21 
     et seq.);
       (3) transportation;
       (4) planning time for high school and college educators to 
     collaborate; and
       (5) data collection, sharing, reporting, and evaluation.

     SEC. 7. APPLICATION.

       (a) In General.--To receive a grant under section 5, an 
     eligible entity shall submit to the Secretary an application 
     at such time, in such manner, and including such information 
     as the Secretary determines to be appropriate.
       (b) Contents of Application.--At a minimum, the application 
     described in subsection (a) shall include a description of--
       (1) the early college high school's or other dual 
     enrollment program's budget;
       (2) each partner in the eligible entity and its experience 
     with early college high schools or other dual enrollment 
     programs, key personnel from each partner and their 
     responsibilities for the early college high school or dual 
     enrollment program, and how the eligible entity will work 
     with secondary and postsecondary teachers, other public and 
     private entities, community-based organizations, businesses, 
     and labor organizations to ensure that students will be 
     prepared to succeed in postsecondary education and 
     employment, which may include the development of an advisory 
     board;
       (3) how the eligible entity will target and recruit at-risk 
     youth, including those at risk of dropping out of school, 
     first generation college students, and students from 
     populations described in section 1111(b)(2)(C)(v)(II) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6311(b)(2)(C)(v)(II));
       (4) a system of student supports for students in the early 
     college high school or other dual enrollment program, 
     including small group activities, tutoring, literacy and 
     numeracy skill development in all academic disciplines, 
     parental outreach, extended learning time, and college 
     readiness activities, such as early college academic seminars 
     and counseling;
       (5) in the case of an early college high school, how a 
     graduation and career plan will be developed, consistent with 
     State graduation requirements, for each student and reviewed 
     each semester;
       (6) how parents or guardians of dually enrolled students 
     will be informed of the students' academic performance and 
     progress and, subject to paragraph (5), involved in the 
     development of the students' career and graduation plan;
       (7) coordination activities between the institution of 
     higher education and the local educational agency, including 
     regarding academic calendars, provision of student services, 
     curriculum development, and professional development;
       (8) how the eligible entity will ensure that teachers in 
     the early college high school or other dual enrollment 
     program receive appropriate professional development and 
     other supports, including to enable the teachers to help 
     English-language learners, students with disabilities, and 
     students from diverse cultural backgrounds to succeed;
       (9) learning opportunities for students that complement 
     classroom experiences, such as internships, career-based 
     capstone projects, and opportunities provided under chapters 
     1 and 2 of subpart 2 of part A of title IV of the Higher 
     Education Act of 1965 (20 U.S.C. 1070a-11 et seq., 1070a-21 
     et seq.);
       (10) a plan to ensure that postsecondary credits earned 
     will be transferable to, at a minimum, public institutions of 
     higher education within the State, consistent with existing 
     statewide articulation agreement;
       (11) student assessments and other measurements of student 
     achievement that will be used, including benchmarks for 
     student achievement;
       (12) outreach programs to provide elementary and secondary 
     school students, especially those in middle grades, and their 
     parents, teachers, school counselors, and principals 
     information about and academic preparation for the early 
     college high school or other dual enrollment program;
       (13) how the eligible entity will help students meet 
     eligibility criteria for postsecondary courses; and
       (14) how the eligible entity will sustain the early college 
     high school or other dual enrollment program after the grant 
     expires.
       (c) Assurances.--An eligible entity's application under 
     subsection (a) shall include assurances that--
       (1) in the case of an early college high school, the 
     majority of courses offered, including of postsecondary 
     courses, will be offered at facilities of the institution of 
     higher education;
       (2) students will not be required to pay tuition or fees 
     for postsecondary courses;
       (3) postsecondary credits earned will be transcribed upon 
     completion of the requisite coursework; and
       (4) faculty teaching postsecondary courses meet the normal 
     standards for faculty established by the institution of 
     higher education.
       (d) Waiver.--The Secretary may waive the requirement of 
     subsection (c)(1) upon a showing that it is impractical to 
     apply due to geographic considerations.

     SEC. 8. PEER REVIEW.

       (a) Peer Review of Applications.--The Secretary shall 
     establish peer review panels to review applications submitted 
     pursuant to section 7 and to advise the Secretary regarding 
     such applications.
       (b) Composition of Peer Review Panels.--The Secretary shall 
     ensure that each peer review panel is not comprised wholly of 
     full-time officers or employees of the Federal Government and 
     includes, at a minimum--
       (1) experts in the establishment and administration of 
     early college high schools or other dual enrollment programs 
     from the high school and college perspective;
       (2) faculty at institutions of higher education and 
     secondary school teachers with expertise in dual enrollment; 
     and
       (3) experts in the education of at-risk students.

     SEC. 9. GRANTS TO STATES.

       (a) In General.--The Secretary is authorized to award six-
     year grants to State agencies responsible for secondary or 
     postsecondary education for efforts to support or establish 
     statewide dual enrollment programs.
       (b) Application.--To receive a grant under this section, a 
     State agency shall submit to the Secretary an application at 
     such time, in such manner, and including such information as 
     the Secretary determines to be appropriate.
       (c) Contents of Application.--At a minimum, the application 
     described in subsection (b) shall include--
       (1) how the State will create outreach programs to ensure 
     that middle and high school students and their families are 
     aware of dual enrollment programs in the State;
       (2) how the State will provide technical assistance to 
     local dual enrollment programs as appropriate;
       (3) how the State will ensure the quality of State and 
     local dual enrollment programs; and
       (4) such other information as the Secretary determines to 
     be appropriate.
       (d) State Activities.--A State receiving a grant under this 
     section shall use such funds for--
       (1) planning and implementing a statewide strategy for 
     expanding access to dual enrollment programs for students who 
     are underrepresented in higher education; and
       (2) providing technical assistance to local dual enrollment 
     programs.

     SEC. 10. REPORTING AND OVERSIGHT.

       (a) Reporting by Grantees.--
       (1) In general.--The Secretary shall establish uniform 
     guidelines for all grantees under section 5, and uniform 
     guidelines for

[[Page S8954]]

     all grantees under section 9, concerning information such 
     grantees annually shall report to the Secretary to 
     demonstrate a grantee's progress toward achieving the goals 
     of this Act.
       (2) Contents of report.--At a minimum, the report described 
     in paragraph (1) shall include, for eligible entities 
     receiving funds under section 5, for each category of 
     students described in section 1111(h)(1)(C)(i) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6311(h)(1)(C)(i)):
       (A) The number of students.
       (B) The percentage of students scoring advanced, 
     proficient, basic, and below basic on the assessments 
     described in section 1111(b)(3) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6311(b)(3)).
       (C) The performance of students on other assessments or 
     measurements of achievement.
       (D) The number of secondary school credits earned.
       (E) The number of postsecondary credits earned.
       (F) Attendance rate.
       (G) Graduation rate.
       (H) Placement in postsecondary education or advanced 
     training, in military service, and in employment.
       (b) Reporting by the Secretary.--The Secretary annually 
     shall compile and analyze the information described in 
     subsection (a) and report it to the Committee on Health, 
     Education, Labor, and Pensions of the Senate and the 
     Committee on Education and Labor of the House of 
     Representatives, which report shall include identification of 
     best practices for achieving the goals of this Act.
       (c) Monitoring Visits.--The Secretary's designee shall 
     visit each grantee at least once for the purpose of helping 
     the grantee achieve the goals of this Act and to monitor the 
     grantee's progress toward achieving such goals.
       (d) National Evaluation.--Within six months of the 
     appropriation of funds for this Act, the Secretary shall 
     enter into a contract with an independent organization to 
     perform an evaluation of the grants awarded under this Act. 
     Such evaluation shall apply rigorous procedures to obtain 
     valid and reliable data concerning participants' outcomes by 
     social and academic characteristics and monitor the progress 
     of students from high school to and through postsecondary 
     education.
       (e) Technical Assistance.--The Secretary shall provide 
     technical assistance to eligible entities concerning best 
     practices in early college high schools and dual enrollment 
     programs and shall disseminate such best practices among 
     eligible entities and State and local educational agencies.

     SEC. 11. RULES OF CONSTRUCTION.

       (a) Employees.--Nothing in this Act shall be construed to 
     alter or otherwise affect the rights, remedies, and 
     procedures afforded to the employees of local educational 
     agencies (including schools) or institutions of higher 
     education under Federal, State, or local laws (including 
     applicable regulations or court orders) or under the terms of 
     collective bargaining agreements, memoranda of understanding, 
     or other agreements between such employees and their 
     employers.
       (b) Graduation Rate.--A student who graduates from an early 
     college high school supported under this Act in the standard 
     number of years for graduation described in the eligible 
     entity's application shall be considered to have graduated on 
     time for purposes of section 1111(b)(2)(C)(vi) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6311(b)(2)(C)(vi)).
                                 ______
                                 
      By Mr. BUNNING:
  S. 3510. A bill to prohibit the Board of Governors of the Federal 
Reserve System from making funds available at a discount rate to 
private individuals, partnerships, and corporations; to the Committee 
on Banking, Housing, and Urban Affairs.
  Mr. BUNNING. 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. 3510

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

     SECTION 1. REPEAL OF DISCOUNT AUTHORITY FOR PRIVATE FIRMS.

       Section 13 of the Federal Reserve Act (12 U.S.C. 343) is 
     amended by striking the third undesignated paragraph 
     (relating to discounts for individuals, partnerships, and 
     corporations).
                                 ______
                                 
      By Mr. DURBIN (for himself, Mr. Bingaman, and Mr. Kohl):
  S. 3512. A bill to require the Secretary of Health and Human Services 
to remove social security account numbers from Medicare identification 
cards and communications provided to Medicare beneficiaries in order to 
protect Medicare beneficiaries from identity theft; to the Committee on 
Finance.
  Mr. DURBIN. Mr. President, today I am introducing legislation with 
Senator Bingaman and Senator Kohl to remove Social Security numbers 
from Medicare identification cards.
  Government agencies and private businesses have begun to recognize 
the danger of displaying Social Security numbers. A person's Social 
Security number can unlock a treasure trove of personal and financial 
information.
  If your Social Security number falls into the wrong hands, you are at 
risk of becoming a victim of identify theft and fraud. In 2006, the 
Federal Trade Commission reported that more than 8 million Americans 
were victims of identity theft in the prior year.
  Thirty-one states have enacted laws that limit how public and private 
entities use and display Social Security numbers. Social Security 
numbers are being removed from driver's licenses, and most private 
health insurance cards no longer display your Social Security number.
  Federal agencies are taking steps to reduce the threat of identify 
theft. Last year, the Office of Management and Budget called on federal 
agencies to establish plans to eliminate unnecessary collection and use 
of Social Security numbers and to explore alternatives to Social 
Security numbers.
  The Department of Veterans Affairs no longer displays Social Security 
numbers on new veteran identification cards. And the Office of 
Personnel Management has directed health insurers participating in the 
Federal Employees Health Benefit Program to eliminate Social Security 
numbers from insurance cards.
  Unfortunately, the Centers for Medicare and Medicaid Services is 
lagging behind other agencies.
  The same Social Security number that the Social Security 
Administration believes is so sensitive that it should not be carried 
in your wallet is found on the Medicare cards that 44 million 
beneficiaries carry with them at all times to access health care 
services. CMS expressly instructs Medicare beneficiaries to carry their 
Medicare card in their wallet or purse as proof of insurance, making 
their Social Security numbers readily available to any thief.
  In 2005, I offered an amendment to the fiscal year 2006 Labor-HHS-
Education appropriations bill to require CMS to report to Congress on 
what steps would be necessary for them to remove Social Security 
numbers from Medicare cards.
  CMS issued the report in 2006, but it has not yet begun to remove 
Social Security numbers from Medicare cards.
  Earlier this year, the Inspector General of the Social Security 
Administration took CMS to task for its inaction. The Inspector 
General's report confirmed that displaying Social Security numbers on 
Medicare cards places millions of people at risk for identity theft and 
concluded that ``immediate action is needed to address this significant 
vulnerability.''
  The bill that I am introducing today, the Social Security Number 
Protection Act of 2008, establishes a reasonable timetable for CMS to 
begin removing Social Security numbers from Medicare cards and a date 
certain by which CMS would be required to complete the process.
  Not later than three years after enactment, CMS would be prohibited 
from displaying Social Security numbers on newly issued Medicare cards. 
CMS would be prohibited from displaying the number on existing cards no 
later than five years after enactment.
  In addition to Medicare cards, the bill would prohibit CMS from 
displaying Social Security numbers on all written and electronic 
communications to Medicare beneficiaries, beginning no later than three 
years of enactment, except in cases where their display is essential 
for the operation of the Medicare program.
  Removing Social Security numbers from Medicare cards and 
communications to Medicare beneficiaries is long overdue. Medicare 
beneficiaries should not be placed at greater risk of identity theft 
than people with private health insurance. If other federal agencies 
can remove Social Security numbers, so can CMS.
  I am pleased that Consumers Union, the Medicare Rights Center, and 
the Center for Medicare Advocacy have endorsed this bill.
  This is an issue we should all be able to unite behind. I urge my 
colleagues to cosponsor this important legislation and work with me to 
enact it next year. Medicare beneficiaries deserve to be protected from 
criminals who seek to steal their identities in order to defraud them.

[[Page S8955]]

  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. 3512

       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 ``Social Security Number 
     Protection Act of 2008''.

     SEC. 2. REQUIRING THE SECRETARY OF HEALTH AND HUMAN SERVICES 
                   TO PROHIBIT THE DISPLAY OF SOCIAL SECURITY 
                   ACCOUNT NUMBERS ON MEDICARE IDENTIFICATION 
                   CARDS AND COMMUNICATIONS PROVIDED TO MEDICARE 
                   BENEFICIARIES.

       (a) In General.--Not later than 3 years after the date of 
     the enactment of this Act, the Secretary of Health and Human 
     Services shall establish and begin to implement procedures to 
     eliminate the unnecessary collection, use, and display of 
     social security account numbers of Medicare beneficiaries.
       (b) Medicare Cards and Communications Provided to 
     Beneficiaries.--
       (1) Cards.--
       (A) New cards.--Not later than 3 years after the date of 
     the enactment of this Act, the Secretary of Health and Human 
     Services shall ensure that each newly issued Medicare 
     identification card meets the requirements described in 
     subparagraph (C).
       (B) Replacement of existing cards.--Not later than 5 years 
     after the date of the enactment of this Act, the Secretary of 
     Health and Human Services shall ensure that all Medicare 
     beneficiaries have been issued a Medicare identification card 
     that meets the requirements of subparagraph (C).
       (C) Requirements.--The requirements described in this 
     subparagraph are, with respect to a Medicare identification 
     card, that the card does not display or electronically store 
     (in an unencrypted format) a Medicare beneficiary's social 
     security account number.
       (2) Communications provided to beneficiaries.--Not later 
     than 3 years after the date of the enactment of this Act, the 
     Secretary of Health and Human Services shall prohibit the 
     display of a Medicare beneficiary's social security account 
     number on written or electronic communication provided to the 
     beneficiary unless the Secretary determines that inclusion of 
     social security account numbers on such communications is 
     essential for the operation of the Medicare program.
       (c) Medicare Beneficiary Defined.--In this section, the 
     term ``Medicare beneficiary'' means an individual who is 
     entitled to, or enrolled for, benefits under part A of title 
     XVIII of the Social Security Act or enrolled under part B of 
     such title.
       (d) Conforming Reference in the Social Security Act.--
     Section 205(c)(2)(C) of the Social Security Act (42 U.S.C. 
     405(c)(2)(C)) is amended by adding at the end the following 
     new clause:
       ``(x) For provisions relating to requiring the Secretary of 
     Health and Human Services to prohibit the display of social 
     security account numbers on Medicare identification cards and 
     communications provided to Medicare beneficiaries, see 
     section 2 of the Social Security Number Protection Act of 
     2008.''.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.

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