[Congressional Record (Bound Edition), Volume 153 (2007), Part 12]
[Senate]
[Pages 16351-16368]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. FEINGOLD (for himself and Mr. Casey):
  S. 1649. A bill to provide for 2 programs to authorize the use of 
leave by caregivers for family members of certain individuals 
performing military service, and for other purposes; to the Committee 
on Homeland Security and Governmental Affairs.
  Mr. FEINGOLD. Mr. President, today I introduce legislation that 
should, and could, have been law 1 year ago, the Military Family 
Support Act. This bill provides modest but significant relief for the 
families of the brave American soldiers deployed overseas. I was 
disappointed that, after passing the Senate last year as an amendment 
to the fiscal year 2007 Defense Department authorization bill, this 
provision was removed in conference. I am pleased to be joined in this 
effort by Senator Casey.
  As part of the predeployment process, military personnel with 
dependent children or other dependent family members designate a 
caregiver for their dependents. Dependents may be children, elderly 
parents, an ill sibling; anyone who requires care. These caregivers act 
in the deployed personnel's place to provide care during the period of 
deployment. The caregiver could be a spouse, parent, sibling, or other 
responsible adult who is capable of caring, and willing to care, for 
the dependents in question.
  The bill that I am introducing today, the Military Family Support 
Act, would create two programs to provide additional leave options for 
persons who have been designated as caregivers. The bill would require 
the Office of Personnel Management, OPM, to create a program under 
which Federal employees who are designated as caregivers could use 
accrued annual or sick leave, leave bank benefits, and other leave 
available to them under title 5 for purposes directly relating to or 
resulting from their designation as a caregiver.
  The second program would be administered by the Department of Labor 
for private sector employees. The Department would create a voluntary 
program, allowing private sector companies to create similar programs 
for their employees. Many companies across the country are already 
working with employees to provide support when an employee or a family 
member of an employee is called to active duty. I commend these 
companies for their compassion and understanding, and I hope that this 
program would expand such options to more workers.
  Lastly, this bill would require a report from the Government 
Accountability Office evaluating both the OPM and voluntary private 
sector program. If the report demonstrates that the program has helped 
military families, which I believe it will, Congress may act to expand 
the programs or make them permanent.
  I want to be clear that the legislation I am introducing today 
specifically exempts Family Medical Leave Act leave from the types of 
leave that can be used by designated caregivers under this legislation. 
Last Congress, I introduced legislation to expand the FMLA to cover 
leave for designated caregivers. That legislation, however, met with 
opposition from some Members who object to the FMLA itself. While I 
continue to believe that this opposition is misguided and that family 
members of deployed servicemembers should be able to take leave under 
the FMLA, I have drafted this compromise measure to address those 
concerns.
  This legislation has been endorsed by the National Military Family 
Association, the National Partnership for Women and Families, and the 
Military Officers Association of America.
  In small towns and big cities all over this country, family members 
of deployed servicemembers are struggling to care for their children 
without their spouses' help. In addition, many servicemembers care for 
elderly parents and this responsibility often falls to a sibling or 
spouse when that servicemember is deployed abroad. While we may not be 
able to promise the safe return of each one of these brave men and 
women, we can provide this modest relief to their families here at 
home. I urge my colleagues to support this legislation and I yield the 
floor.
  I ask unanimous consent that the text of the bill and letters of 
support be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 1649

       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 ``Military Family Support Act 
     of 2007''.

     SEC. 2. PROGRAMS FOR USE OF LEAVE BY CAREGIVERS FOR FAMILY 
                   MEMBERS OF INDIVIDUALS PERFORMING CERTAIN 
                   MILITARY SERVICE.

       (a) Federal Employees Program.--
       (1) Definitions.--In this subsection:
       (A) Caregiver.--The term ``caregiver'' means an individual 
     who--
       (i) is an employee;
       (ii) is at least 21 years of age; and
       (iii) is capable of self care and care of children or other 
     dependent family members of a qualified member of the Armed 
     Forces.
       (B) Covered period of service.--The term ``covered period 
     of service'' means any period of service performed by an 
     employee as a caregiver while the individual who designated 
     the caregiver under paragraph (3) remains a qualified member 
     of the Armed Forces.
       (C) Employee.--The term ``employee'' has the meaning given 
     under section 6331 of title 5, United States Code.
       (D) Family member.--The term ``family member'' includes--
       (i) individuals for whom the qualified member of the Armed 
     Forces provides medical, financial, and logistical support 
     (such as housing, food, clothing, or transportation); and
       (ii) children under the age of 19 years, elderly adults, 
     persons with disabilities, and other persons who are unable 
     to care for themselves in the absence of the qualified member 
     of the Armed Forces.
       (E) Qualified member of the armed forces.--The term 
     ``qualified member of the Armed Forces'' means--
       (i) a member of a reserve component of the Armed Forces as 
     described under section 10101 of title 10, United States 
     Code, who has received notice to report to, or is serving on, 
     active duty in the Armed Forces in support of a contingency 
     operation as defined under section 101(a)(13) of title 10, 
     United States Code; or
       (ii) a member of the Armed Forces on active duty who is 
     eligible for hostile fire or imminent danger special pay 
     under section 310 of title 37, United States Code.
       (2) Establishment of program.--The Office of Personnel 
     Management shall establish a program to authorize a caregiver 
     to--
       (A) use any sick leave of that caregiver during a covered 
     period of service in the same manner and to the same extent 
     as annual leave is used; and
       (B) use any leave available to that caregiver under 
     subchapter III or IV of chapter 63 of title 5, United States 
     Code, during a covered period of service as though that 
     covered period of service is a medical emergency.
       (3) Designation of caregiver.--

[[Page 16352]]

       (A) In general.--A qualified member of the Armed Forces 
     shall submit a written designation of the individual who is 
     the caregiver for any family member of that member of the 
     Armed Forces during a covered period of service to the 
     employing agency and the Office of Personnel Management.
       (B) Designation of spouse.--Notwithstanding paragraph 
     (1)(A)(ii), an individual less than 21 years of age may be 
     designated as a caregiver if that individual is the spouse of 
     the qualified member of the Armed Forces making the 
     designation.
       (4) Use of caregiver leave.--Leave may only be used under 
     this subsection for purposes directly relating to, or 
     resulting from, the designation of an employee as a 
     caregiver.
       (5) Regulations.--Not later than 120 days after the date of 
     enactment of this Act, the Office of Personnel Management 
     shall prescribe regulations to carry out this subsection.
       (6) Termination.--The program under this subsection shall 
     terminate on December 31, 2012.
       (b) Voluntary Private Sector Leave Program.--
       (1) Definitions.--
       (A) Caregiver.--The term ``caregiver'' means an individual 
     who--
       (i) is an employee;
       (ii) is at least 21 years of age; and
       (iii) is capable of self care and care of children or other 
     dependent family members of a qualified member of the Armed 
     Forces.
       (B) Covered period of service.--The term ``covered period 
     of service'' means any period of service performed by an 
     employee as a caregiver while the individual who designated 
     the caregiver under paragraph (4) remains a qualified member 
     of the Armed Forces.
       (C) Employee.--The term ``employee'' means an employee of a 
     business entity participating in the program under this 
     subsection.
       (D) Family member.--The term ``family member'' includes--
       (i) individuals for whom the qualified member of the Armed 
     Forces provides medical, financial, and logistical support 
     (such as housing, food, clothing, or transportation); and
       (ii) children under the age of 19 years, elderly adults, 
     persons with disabilities, and other persons who are unable 
     to care for themselves in the absence of the qualified member 
     of the Armed Forces.
       (E) Qualified member of the armed forces.--The term 
     ``qualified member of the Armed Forces'' means--
       (i) a member of a reserve component of the Armed Forces as 
     described under section 10101 of title 10, United States 
     Code, who has received notice to report to, or is serving on, 
     active duty in the Armed Forces in support of a contingency 
     operation as defined under section 101(a)(13) of title 10, 
     United States Code; or
       (ii) a member of the Armed Forces on active duty who is 
     eligible for hostile fire or imminent danger special pay 
     under section 310 of title 37, United States Code.
       (2) Establishment of program.--
       (A) In general.--The Secretary of Labor shall establish a 
     program to authorize employees of business entities described 
     under paragraph (3) to use sick leave, or any other leave 
     available to an employee, during a covered period of service 
     in the same manner and to the same extent as annual leave (or 
     its equivalent) is used.
       (B) Exception.--Subparagraph (A) shall not apply to leave 
     made available under the Family and Medical Leave Act of 1993 
     (29 U.S.C. 2601 et seq.).
       (3) Voluntary business participation.--The Secretary of 
     Labor shall solicit business entities to voluntarily 
     participate in the program under this subsection.
       (4) Designation of caregiver.--
       (A) In general.--A qualified member of the Armed Forces 
     shall submit a written designation of the individual who is 
     the caregiver for any family member of that member of the 
     Armed Forces during a covered period of service to the 
     employing business entity.
       (B) Designation of spouse.--Notwithstanding paragraph 
     (1)(A)(ii), an individual less than 21 years of age may be 
     designated as a caregiver if that individual is the spouse of 
     the qualified member of the Armed Forces making the 
     designation.
       (5) Use of caregiver leave.--Leave may only be used under 
     this subsection for purposes directly relating to, or 
     resulting from, the designation of an employee as a 
     caregiver.
       (6) Regulations.--Not later than 120 days after the date of 
     enactment of this Act, the Secretary of Labor shall prescribe 
     regulations to carry out this subsection.
       (7) Termination.--The program under this subsection shall 
     terminate on December 31, 2012.
       (c) GAO Report.--Not later than June 30, 2010, the 
     Government Accountability Office shall submit a report to 
     Congress on the programs under subsections (a) and (b) that 
     includes--
       (1) an evaluation of the success of each program; and
       (2) recommendations for the continuance or termination of 
     each program.
       (d) Offset.--The aggregate amount authorized to be 
     appropriated for fiscal year 2008 for the use of the 
     Department of Defense for research, development, test and 
     evaluation shall be reduced by $2,000,000.
                                  ____

                                          National Military Family


                                            Association, Inc.,

                                    Alexandria, VA, June 14, 2007.
     Hon. Russ Feingold,
     U.S. Senate,
     Washington, DC.
       Dear Senator Feingold: The National Military Family 
     Association (NMFA) is the only national organization whose 
     sole focus is the military family and whose goal is to 
     influence the development and implementation of policies that 
     will improve the lives of the families of the Army, Navy, Air 
     Force, Marine Corps, Coast Guard, and the Commissioned Corps 
     of the Public Health Service and the National Oceanic and 
     Atmospheric Administration. For more than 35 years, its staff 
     and volunteers, comprised mostly of military family members, 
     have built a reputation for being the leading experts on 
     military family issues.
       On behalf of NMFA and the families it serves, we commend 
     you on your leadership in sponsoring the ``Military Family 
     Support Act of 2007''. Authorizing federal employees who have 
     been designated ``caregivers'' by the Armed Forces to use 
     their previously earned leave time in a more flexible manner 
     helps to alleviate some of the stress caregivers experience 
     during a deployment. NMFA also applauds the inclusion of a 
     provision that instructs the Department of Labor to solicit 
     private businesses to voluntarily offer more accommodating 
     leave time to employees affected by a service member's 
     deployment overseas.
       NMFA has heard from many families about the difficulty of 
     balancing family obligations with job requirements when a 
     close family member is deployed. Suddenly, they are single 
     parents or, in the case of grandparents, assuming the new 
     responsibility of caring for grandchildren. The days leading 
     up to a deployment can be filled with pre-deployment 
     briefings and putting legal affairs in order. Families also 
     need the opportunity to spend precious time together prior to 
     a long separation. The need is no less when the service 
     member returns. Reintegration and transition requires 
     training not only for the service member but for the family 
     as well in order to be most effective.
       Military families, especially those of deployed service 
     members, are called upon to make extraordinary sacrifices. 
     This amendment offers families some breathing room as they 
     adjust to this time of separation.
       Thank you for your support and interest in military 
     families. If NMFA can be of any assistance to you in other 
     areas concerning military families, please contact Jessica 
     Perdew in the Government Relations Department at 703-931-6632 
     or by e-mail at
     [email protected].
           Sincerely,
                                                Tanna K. Schmidli,
     Chairman, Board of Governors.
                                  ____

                                              National Partnership


                                         for Women & Families,

                                    Washington, DC, June 15, 2007.
     Senator Feingold
     Hart Office Building,
     Washington, DC.
       Dear Senator Feingold: We are writing to express our 
     support of the Military Family Support of 2007. This 
     important legislation would allow federal employees to take 
     job-protected leave to address family caregiving needs caused 
     by the deployment of a family member and would authorize a 
     similar voluntary project for the private sector to be 
     administered by the Department of Labor. We applaud your 
     leadership on this issue.
       The National Partnership for Women & Families is a non-
     profit, non-partisan advocacy organization dedicated to 
     promoting fairness in the workplace, access to quality health 
     care and policies that help women and men meet the demands of 
     work and family. We are proud to have led the coalition that 
     helped enact the Family and Medical Leave Act (FMLA), which 
     has helped over 60 million workers take time off from work to 
     welcome a new child or deal with an acute medical need.
       But there is more to be done to support America's families, 
     including the 40 percent of workers who today cannot access 
     the FMLA. This legislation will close a critical gap in the 
     FMLA by addressing the specific needs of families with active 
     military members, and could not come at a more critical time 
     in the lives of our military families. Its passage will give 
     them time to prepare, logistically and mentally, before or 
     during a loved one's departure for active duty--without fear 
     of losing a much needed job.
       We thank you for supporting our troops by helping to ensure 
     their families are cared for in times of need.
           Sincerely,
                                                    Debra L. Ness,
                                                        President.
                                 ______
                                 
      By Mr. KENNEDY (for himself, Mr. Smith, Mr. Biden, Mr. Hagel, Mr. 
        Leahy, Mr. Levin, and Mr. Lieberman):
  S. 1651. A bill to assist certain Iraqis who have worked directly 
with, or are threatened by their association with,

[[Page 16353]]

the United States, and for other purposes; to the Committee on the 
Judiciary.
  Mr. KENNEDY. Mr. President, because of the war in Iraq, more than 2 
million Iraqis have been internally displaced in their own country, and 
2 million other Iraqis are in neighboring countries throughout the 
region, primarily Jordan and Syria.
  The humanitarian needs of the refugees and internally displaced 
Iraqis are immense. If their needs are not quickly and adequately met, 
these populations could become a fertile recruiting ground for 
terrorists.
  Iraqi refugees are also a significant financial burden on countries 
in the region. As the Iraq Study Group concluded, if the refugee crisis 
``is not addressed, Iraq and the region could be further 
destabilized.''
  Many Iraqis who have worked in critical positions in direct support 
of the U.S. Government in Iraq have been killed or injured in reprisals 
for their support of our effort. Many more Iraqis associated with the 
United States have fled their country in fear of being killed or 
injured.
  Clearly, we cannot resettle all of Iraq's refugees in the United 
States, but we have a fundamental obligation to help the vast number of 
Iraqis displaced in Iraq and throughout the region by the war and the 
associated chaos, especially those who have supported America's efforts 
in Iraq.
  In April 2007, Assistant Secretary of State Ellen Sauerbray said the 
United States ``could resettle up to 25,000 Iraqi refugees this year.'' 
In May 2007, Under Secretary Paula Dobriansky said, ``We are committed 
to honoring our moral debt to those Iraqis who have provided assistance 
to the United States military and embassy.'' On June 8, Secretary Rice 
said ``the people that I'm most worried about in the near term are the 
people who've worked with us who might be subject to recrimination and 
reprisal. And we're trying to step up our efforts on their behalf.''
  It is essential for the United States to develop a comprehensive and 
effective approach to meet the rapidly growing needs of Iraq's refugees 
and internally displaced persons, especially those who are associated 
with the United States.
  The legislation I am introducing today with Senators Smith, Biden, 
Hagel, Leahy, Levin, and Lieberman seeks to accomplish these goals.
  First, the legislation would create a special category of applicants 
for refugee status in Iraq. Those eligible for this program, a P-2 
category for refugees of special humanitarian concern, would be the 
Iraqis most closely associated with the United States. Iraqis who 
qualify would be those, 1. who have been employed by or worked directly 
with the U.S. Government in Iraq; or, 2. who were employed in Iraq by a 
media or nongovernmental organization based in the United States or by 
an organization or entity that has received a grant from, or entered 
into a cooperative agreement or contract with, the U.S. Government; or, 
3. who are spouses, children, sons, daughters, siblings and parents of 
those who worked for or with us; or, 4. who are members of religious or 
minority communities and have close family members in the U.S.
  Those eligible would not have to be referred to our Government by the 
United Nations High Commissioner for Refugees or a U.S. Embassy. All 
applicants, however, would need to demonstrate a well-founded fear of 
persecution. Applicants would be required to go through recently 
approved extensive security screening.
  P-2 visas for these refugees would come out of the overall authorized 
admissions number for the refugee program, currently established at 
70,000. That figure is determined every year by the President in close 
consultation with the Congress.
  In addition to the new P-2 category of refugee applications, the 
legislation would expand the current U.S. Government program which 
provides special immigrant visas only to Iraqi and Afghan translators 
and interpreters. Those eligible for the expanded special immigrant 
visa program are Iraqis who have been employed by or worked directly 
with the United States for 1 year in the aggregate since 2003, and need 
not have served as a translator or interpreter for the military or 
Department of State.
  Applicants for SIV visas would not need to demonstrate a well-founded 
fear of persecution, but they would need to meet security requirements, 
demonstrate that they provided faithful service to our Government, and 
provide a recommendation or evaluation. The Secretary of State would be 
required to provide applicants with protection or immediate removal 
from Iraq if they are in immediate danger. Five thousand of these visas 
would be available yearly for 5 years.
  Importantly, our legislation requires the Secretary of State to 
establish a program for processing P-2 refugees and SIV applicants in 
Iraq and in countries in the region. The Secretary would be required to 
report to the Congress within 60 days on plans to establish this 
program. Currently, there is no mechanism for applying for refugee 
status in Iraq. Those fleeing persecution and seeking refugee status 
must find their way to Jordan or Syria, locate an official from the 
United Nations High Commissioner for Refugees, and then be referred to 
the U.S. Government by the United Nations. Because of the growing 
violence and risk for those associated with the United States, we need 
to find a way to address this problem for Iraqis inside Iraq. Our bill 
does not eliminate the referral system through the United Nations, or 
any other existing system, but it does create an essential mechanism 
for direct applications in country.
  To oversee the implementation of this new program, the Secretary of 
State would be required to establish in the Embassy in Baghdad a 
Minister Counselor for Refugees and Internally Displaced Persons. This 
senior official would be responsible for overseeing the in-country 
processing of P-2 refugee and special immigrant visa applicants, and 
would have authority to refer them directly to the U.S. refugee 
resettlement program.
  A parallel position would be created in the American embassies in 
Egypt, Jordan, Lebanon, and Syria to oversee the application process of 
P-2 refugees of special humanitarian concern. SIV applicants would work 
through regular consular channels in embassies in those countries.
  Recognizing that the United States can only resettle a small number 
of the most vulnerable refugees within our borders, the Secretary of 
State would be required to consult with other countries about 
resettlement of refugee populations, develop mechanisms in countries 
with significant populations of displaced Iraqis to ensure the 
refugees' well-being and safety, and provide assistance to the 
countries in doing so.
  In addition, the legislation would allow Iraqis denied asylum after 
March 2003 based on changed conditions to file a new petition with an 
immigration judge to reopen their cases. Those denied asylum, for 
example, on the grounds that Saddam Hussein is no longer in power and 
the United States is committed to building democracy in Iraq should be 
permitted to make their case again before a judge.
  After 90 days, and annually thereafter, the President would be 
required to submit an unclassified report to Congress with a classified 
annex if necessary, assessing the financial, security, personnel, 
considerations and resources necessary to establish the programs 
required in the act. After 90 days, the Secretary of Homeland Security 
would be required to submit a report to Congress outlining plans to 
expedite processing of Iraqi refugees, including a temporary expansion 
of the Refugee Corps, and plans to enhance existing systems for 
conducting background and security checks for Iraqis applying through 
the program.
  More than 5 years ago, Arthur Helton, perhaps this country's 
staunchest advocate for the rights of refugees wrote, ``Refugees matter 
. . . for a wide variety of reasons . . . Refugees are a product of 
humanity's worst instincts--the willingness of some persons to oppress 
others--as well as some of its best instincts--the willingness of many 
to assist and protect the helpless . . . In personal terms, we care 
about

[[Page 16354]]

refugees because of the seed of fear that lurks in all of us that can 
be stated so simply: it could be me.''
  A year later, Arthur Helton gave his life for his beliefs. He was 
killed in Baghdad in 2003 while meeting with U.N. Special Envoy Sergio 
Vieira de Mello when a bomb destroyed the U.N. headquarters in Iraq.
  But his words resonate today, especially when we consider the very 
human cost of the war in Iraq, and its tragic effect on the millions of 
Iraqis, men, women, and children, who have fled their homes and their 
country to escape the violence of a nation at war with itself.
  America has a special obligation to keep faith with the Iraqis who 
now have a bulls-eye on their back because of their association with 
our Government.
  At a hearing in the Senate Judiciary Committee in January, chilling 
testimony was presented about the dangers Iraqis face because of their 
association with America.
  One Iraqi, Sami, was a translator for U.S. and Coalition forces and 
who now lives in the United States. He said, ``I too, have been 
targeted for my death. My name was listed on the doors of several 
mosques calling for my death. Supposed friends of mine saw my name on 
the list and turned on me because they believed I was traitor . . . In 
June 2006, I learned that I had been granted special status. As a 
result, today I live free from the fear of persecution and threats to 
my life that I faced on a daily basis in Iraq. My hope is that all 
brave Iraqis who worked and braved so much will have the same chance as 
I have had to live in freedom.''
  Another Iraqi, John, worked as a water service man for U.S. troops. 
He said, ``My wife, my six children and myself fled Iraq after 
terrorist groups targeted me and my family because I aided the 
Americans by supplying water to their service camps.''
  Ken Bacon, president of Refugees International, summed it up well 
when he said, ``There is a large group of Iraqis who have risked their 
lives to support the United States . . . people are sacrificing their 
lives to help the United States.''
  The legislation has been endorsed by organizations including Refugees 
International, Refugee Council USA which encompasses Amnesty 
International USA, Arab-American and Chaldean Council, Chaldean 
Federation of America, Church World Service/Immigration and Refugee 
Program, Episcopal Migration Ministries, Hebrew Immigrant Aid Society, 
Human Rights First, International Rescue Committee, Jesuit Refugee 
Service/USA, Jubilee Campaign USA, Lutheran Immigration and Refugee 
Services, Migration & Refugee Services/United States Conference of 
Catholic Bishops, Southeast Asia Resource Action Center, U.S. Committee 
for Refugees and Immigrants, Women's Commission for Refugee Women and 
Children, and WorId Relief, the International Rescue Committee, and the 
PEN American center.
  I urge my colleagues to support this legislation in order to keep the 
faith with those many brave Iraqis whose lives are in jeopardy because 
of their association with our forces in Iraq.
  I ask unanimous consent that the letters of suport be printed in the 
Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                          Refugee Council USA,

                                    Washington, DC, June 13, 2007.
     Hon. Edward M. Kennedy,
     U.S. Senate, Russell Senate Office Building,
     Washington, DC.
       Dear Senator Kennedy: On behalf of a diverse coalition of 
     human rights, faith-based and refugee advocacy organizations 
     around the country, we write to express our support for your 
     legislation addressing the Iraqi refugee crisis unfolding in 
     the Middle East Region.
       As you know over two million refugees from Iraq are 
     struggling to survive ound the region, and an additional two 
     million are displaced within the country. Forced to flee 
     because they practice a disfavored religion, were born into a 
     marginalized minority, or agreed to work in support of the 
     U.S. government, many of these refugees have no access to 
     housing, health care or education. Although many of the 
     refugees had temporary permission to remain in Jordan or 
     Syria, they have now overstayed their visas to avoid 
     desperate conditions back in Iraq. These refugees live in 
     constant fear of being forcibly returned to Iraq, where they 
     face death threats and further persecution. Many have already 
     lost spouses, children and siblings to kidnappings and 
     executions.
       Although aware of this crisis, the United States has thus 
     far failed to take the meaningful steps necessary to provide 
     protection to these refugees and internally displaced 
     persons. Your legislation is a welcome step in addressing the 
     pressing protection needs of Iraqis.
       Of particular concern to the United States are the men, 
     women and children who face targeted persecution from 
     insurgents due to their association with U.S. coalition 
     forces--individuals who served as translators, drivers, 
     doctors, and other contractors and employees of the United 
     States, U.S. allies, and international NGOs serving in the 
     region. The United States has a responsibility to provide 
     protection for individuals who have put their lives on the 
     line for the United States and who are consequently facing 
     persecution due to this association. Your legislation commits 
     the U.S. government to provide support and protection to 
     Iraqi refugees and internally displaced persons in the 
     rygion. In doing so it recognizes our nation's longstanding 
     tradition of extending protection to people who are targeted 
     because of their political opinions, ethnicity, or religion, 
     among other reasons. As a result, we stand in support of this 
     important effort.
           Sincerely,
                                               C. Richard Parkins,
                                       Chair, Refugee Council USA.
       On behalf of the following organizations:
       Sarnata Reynolds, Refugee Program Director, Amnesty 
     International USA.
       Radwan Khoury, Executive Director and COO, Arab-American 
     and Chaldean Council.
       Joseph Kassab, Executive Director, Chaldean Federation of 
     America.
       Joseph Roberson, Director, Church World Service/lmmigration 
     and Refugee Program.
       C. Richard Parkins, Director, Episcopal Migration 
     Ministries.
       Tsehaye Teferra, President, Ethiopian Community Development 
     Council.
       Gideon Aronoff, President & CEO, Hebrew Immigrant Aid 
     Society (HIAS).
       Elisa Massimino, Washington Director, Human Rights First.
       Robert Carey, Vice President, Resettlement, International 
     Rescue Committee.
       Fr. Kenneth Gavin, S.J., National Director, Jesuit Refugee 
     Service/USA
       Ann Buwalda, Executive Director, Jubilee Campaign USA.
       Ralston H. Deffenbaugh, Jr., President, Lutheran 
     Immigration and Refugee Service.
       Mark Franken, Executive Director, Migration & Refugee 
     Services/United States Conference of Catholic Bishops.
       Doua Thor, Executive Director, Southeast Asia Resource 
     Action Center.
       Lavinia Limon, President & CEO, U.S. Committee for Refugees 
     and Immigrants.
       Carolyn Makinson, Executive Director, Women's Commission 
     for Refugee Women and Children.
       Stephan Bauman, Senior Vice President, Programs World 
     Relief.
                                  ____

                                                     June 8, 2007.
     Senator Edward M. Kennedy,
     Russell Senate Office Building,
     Washington, DC.
       Dear Senator Kennedy, I am writing to endorse your 
     legislation to address the rapidly escalating crisis of Iraqi 
     refugees and internally displaced persons (IDPs). We applaud 
     your bold effort to provide a comprehensive framework to meet 
     the growing needs of Iraq's two million internally displaced 
     and the two million refugees in the region.
       Refugees International believes that the United States has 
     a special obligation to Iraqi refugees. This is the fastest 
     growing refugee crisis in the world, and your legislation 
     will bring greatly needed change in American policy, which 
     has been too slow in its response to this humanitarian 
     crisis. Currently, the Office of the United Nations High 
     Commissioner for Refugees (UNHCR) estimates that near two 
     million Iraqis have fled their homes and moved to other parts 
     of Iraq to escape sectarian conflict, political reprisals and 
     the insecurity that is increasingly prevalent in south and 
     central Iraq. In addition, UNHCR estimates that another 2.2 
     million Iraqis have left the country to find refuge 
     throughout the Middle East.
       While Syria and Jordan have been generous to refugees and 
     deserve international recognition for accepting them in large 
     numbers, the burdens of the large refugee population are an 
     increasing strain on their societies and economies. It is 
     clear that the rapidly escalating refugee and IDP populations 
     are not only grave humanitarian concern, but also a security 
     concern for the region. The Iraq Study Group. among others, 
     highlighted the destabilizing effect the escalating refugee 
     crisis may have, and called upon the United States to take 
     the lead in providing assistance to the refugees.
       Your legislation is a greatly needed effort to address this 
     crisis and ensure that the United States take the lead in 
     accepting responsibility for providing safety and security 
     for greater numbers of Iraqi refugees and IDPs. It is 
     abundantly clear that we need to create a P-2 category for 
     Iraqis closely associated with our effort in Iraq. Likewise, 
     the

[[Page 16355]]

     expansion of the Special Immigrant Visa program keeps faith 
     with those who have worked most closely with our government. 
     The bill's requirement for in country processing of refugees 
     is absolutely essential to enable persons with credible fears 
     of persecution to more effectively and expeditiously begin 
     the process of seeking refugee status in Iraq.
       Refugees International is presently conducting its third 
     mission to Iraq and the region since last November and has 
     found that the refugees are increasingly dispirited and 
     desperate for assistance. We will strongly encourage the 
     Senate to approve your legislation as an essential step to 
     address this growing crisis and allow the U.S. to fulfill its 
     share of the responsibility for assistance and protection for 
     Iraqi refugees.
           Sincerely,
                                                     Ken H. Bacon,
      President.
                                  ____



                               International Rescue Committee,

                                       New York, NY, June 6, 2007.
     Hon. Edward M. Kennedy,
     Russell Senate Office Building,
     Washington, DC.
       Dear Ted: On behalf of the International Rescue Committee 
     (IRC). I write in support of the legislation you are 
     introducing today to address the critical issue of Iraqi 
     refugees and internally displaced persons.
       As you know, the Iraqi refugee crisis represents the 
     greatest displacement of people in the Middle East in nearly 
     60 years, with more than two million Iraqis living as 
     refugees in neighboring countries and another two million 
     internally displaced within their own borders. To date, the 
     U.S. response has failed to reflect the magnitude of the 
     crisis.
       As both an international aid organization and a U.S. 
     refugee resettlement agency, the IRC has long advocated for a 
     comprehensive U.S. response to the Iraqi refugee crisis that 
     addresses the essential components of humanitarian 
     assistance, protection in the region, and the admission to 
     the U.S. of vulnerable Iraqis. Your legislation takes such a 
     comprehensive approach.
       We believe strongly in a humanitarian aid package that 
     addresses the shelter, health, nutrition, education, and 
     general protection needs of both the refugees and the 
     internally displaced. We also support increased opportunities 
     for the admission to the United States of Iraqis at risk 
     because of association with Americans or because they are 
     from religious, ethnic, minority, or other communities at 
     special risk. While admission to the United States as 
     refugees or special immigrants will be available to only a 
     small fraction of vulnerable Iraqis, these options will save 
     lives and will help convince host countries to keep their 
     doors open.
       We thank you for your continued leadership in U.S. refugee 
     protection, and we look forward to working with you to help 
     ensure the enactment of this critical legislation.
           Sincerely,
     George Rupp.
                                  ____



                                          PEN American Center,

                                                    June 11, 2007.
     Senator Edward Kennedy,
     Russell Senate Office Building,
     Washington, DC.
       Dear Senator Kennedy, We are writing on behalf of the 3,400 
     members of PEN American Center to express our continuing 
     gratitude for your efforts to address the Iraqi refugee 
     crisis, and to offer our strong support for the Refugee 
     Crisis in Iraq Act.
       PEN American Center is the largest of 144 centers of 
     International PEN, the worldwide association of writers that 
     strives to protect writers and freedom of expression and 
     promote the free exchange of literature and ideas around the 
     globe. In keeping with this mission, for nearly two years PEN 
     has been working to resettle Iraqi translators, journalists, 
     and writers who have been targeted for death and forced into 
     hiding in Iraq or neighboring countries for their efforts 
     build a safe, free, and open society in Iraq. Thanks largely 
     to our colleagues at Norwegian PEN, a handful of these men 
     and women and their families have found safe havens in 
     northern Europe. But to date, despite the extreme sacrifices 
     so many Iraqis made to help Americans navigate the political 
     and social realities of their country and encourage their 
     fellow citizens to reject violence and extremism and support 
     a pluralistic Iraq, we have not yet successfully assisted a 
     single one of our colleagues in reaching the United States.
       In recent months, as the world has come to recognize the 
     magnitude of the refugee crisis in Iraq, the United States 
     government has taken some important steps to open the way for 
     a limited number of Iraqi refugees to be resettled in this 
     country. With assistance from the U.S. Department of State, a 
     small number of those on whose behalf PEN has been working 
     have been screened by the United Nations High Commission for 
     Refugees in Syria and referred to the United States for 
     resettlement. But the process is complicated, protracted, and 
     at times hostile. Forbidden from working in Syria, they have 
     exhausted their financial resources long before the process 
     will be completed, and those who had the closest associations 
     with Coalition Forces and U.S. contractors have found that 
     the stigma of ``collaborators'' has followed them across the 
     border. Even so, these are the extremely fortunate few. No 
     avenue whatsoever exists for their counterparts still in Iraq 
     to seek refugee resettlement or relief. Even translators who 
     served honorably as interpreters for U.S. forces, sustained 
     serious combat wounds, survived assassination attempts, and 
     live in constant fear they will be recognized and killed have 
     no access to refugee processing inside Iraq.
       The Refugee Crisis in Iraq Act directly addresses several 
     of these glaring inadequacies in our country's current 
     approach to the Iraqi refugee crisis. Taking particular note 
     of the United States' obligation to those who worked with and 
     are therefore endangered by their association with U.S.-based 
     organizations and institutions, it significantly expands the 
     numbers of Iraqis to be resettled in the United States and 
     creates direct, efficient mechanisms for Iraqis to petition 
     for resettlement. It expands and streamlines the Special 
     Immigrant visa program for Iraqi and Afghan translators and 
     interpreters, and creates a new P-2 visa category for Iraqi 
     refugees of special humanitarian concern, a category that 
     includes Iraqi writers, journalists, and media workers who 
     worked with and for U.S.-based media organizations in Iraq. 
     Perhaps most significantly, it requires the United States to 
     establish direct visa processing outside the UNHCR system in 
     neighboring countries and, for the first time, inside Iraq. 
     We strongly support these proposals.
       How history views the United States' intervention in Iraq 
     will be colored in part by how we respond to the needs of 
     those who took great risks to try to build a new Iraq and who 
     fear for their lives as a result. PEN is grateful for your 
     leadership in pressing the United States to act on its 
     responsibilities to the growing number of Iraqi refugees, and 
     we are honored to endorse this important legislation.
           Sincerely,
                                                   Francine Prose,
                                                        President.
                                                      Larry Siems,
     Director,
                                  ____



                                            Human Rights First

                                                    June 14, 2007.
     Hon. Edward M. Kennedy,
     Russell Senate Office Building,
     Washington, DC.
       Dear Senator Kennedy: I write to express Human Rights 
     First's support of your bipartisan legislation, ``The Refugee 
     Crisis in Iraq Act.'' By extending a lifeline to some of 
     Iraq's most vulnerable refugees and displaced people, your 
     bill would begin to fulfill the moral obligation of the 
     United States to protect Iraqi refugees and provide critical 
     assistance to countries that are already sheltering so many 
     Iraqis in the region. We urge swift passage of this important 
     legislation.
       Historically, the United States has led the world in 
     efforts to protect and resettle vulnerable refugees, 
     admitting more than 2.6 million refugees since 1975. In the 
     closing days of the Vietnam War, the United States airlifted 
     more than 131,000 Vietnamese whose close ties to the U.S. 
     effort put them at risk of persecution. In 1999, the United 
     States resettled 14,000 Kosovars whose ethnicity made them 
     vulnerable to persecution.
       The United States is justifiably proud of this strong 
     tradition of providing refuge to the persecuted and 
     assistance to those displaced by war. Yet the 
     administration's response to the Iraqi refugee situation 
     fails utterly to match the scale and urgency of the current 
     crisis. As we mark World Refugee Day next week, the United 
     States will have resettled only 272 Iraqi refugees here since 
     2006.
       This must change. Since 2003, more than 2.2 million Iraqis 
     have fled violence and persecution in their homeland. Many 
     have been targeted because of their work for the United 
     States or with U.S. organizations. Others have been targeted 
     because of their ethnicity or religion. Those who have fled 
     to Jordan and Syria are living in dire conditions. Many are 
     at risk of exploitation, detention, and deportation. They 
     lack access to medical treatment, education for their 
     children, food, and a means of supporting their families. As 
     this crisis grows, the protection of refugees, the 
     institution of asylum, and the stability of the region are 
     all at risk.
       With every day, the situation of Iraqi refugees in the 
     region and of those displaced inside Iraq grows more urgent. 
     It is past time for the United States to lead the 
     international community in addressing this crisis in a 
     comprehensive manner. The United States should begin by 
     swiftly providing safe haven to those at risk because of 
     their work with the United States or with U.S. organizations. 
     In addition, the United States should create an ambitious and 
     aggressive resettlement program to take in other refugees who 
     have been forced to flee from Iraq. Finally, the United 
     States must significantly increase aid to countries in the 
     region that now play host to millions of refugees, in order 
     to ensure adequate care for these refugees and to encourage 
     these neighboring countries to continue to provide asylum to 
     those who flee in search of refuge.
       We believe the United States has a moral obligation to 
     provide a meaningful solution to the Iraqi refugee crisis. 
     Your bill is a vital step towards addressing this growing and 
     complex crisis. As always, we are grateful for

[[Page 16356]]

     your leadership on this issue, and we look forward to working 
     with you to ensure swift passage of this important 
     legislation.
           Sincerely,
                                                  Elisa Massimino,
                           Director of the Washington, DC, Office.

  Mr. LEAHY. Mr. President, I am pleased to join Senators Kennedy, 
Smith, Levin, Hagel, Biden, and Lieberman to introduce this important 
legislation. In January of this year, the Judiciary Committee held a 
hearing to examine the plight of Iraq's refugees, during which we heard 
from the State Department, the United Nations High Commissioner for 
Refugees, nongovernmental organizations and individuals, and Iraqi 
citizens who had been targeted for assisting the United States. This 
hearing brought the enormity of the Iraq refugee situation into sharp 
focus and made clear that we must do more to address this crisis and 
provide assistance especially to those Iraqis who have assisted the 
United States with its mission. If enacted, this bill would help the 
United States fulfill the promises it has made to the people of Iraq.
  In February of this year, the Bush administration announced that 
7,000 Iraqi refugees would be permitted to enter the United States in 
2007. Over the last 8 months, however, only 70 Iraqis have been allowed 
into the United States as refugees. Each year there are 20,000 
unallocated slots for refugees that could be applied to Iraq, and an 
additional 5,000 for the Middle East. Yet the Department of Homeland 
Security has admitted approximately 700 Iraqis since the war began in 
2003. We have an obligation to do better than this when an estimated 4 
million Iraqis have been displaced within Iraq or have fled the country 
due to our involvement there. And we have a special obligation to do 
all we can for those Iraqis who have made tremendous sacrifices on 
behalf of the United States and who continue to live under the threat 
of torture and death.
  Refugees International has called the Iraq refugee crisis the fastest 
growing refugee crisis in the world. It is estimated that nearly 2 
million Iraqis have been internally displaced, while another 2 million 
have fled the country, with little more than they could carry. With 
this bill, we show our commitment not to repeat the tragic and immoral 
mistake from the Vietnam era and leave friends without refuge and 
subject to violent reprisals.
  The United States has an obligation to the people of Iraq, and 
especially to those who have assisted the American military in its 
efforts there. When an Iraqi man or woman makes the choice to help the 
United States--whether as an interpreter or in some other role--and 
puts his or her life on the line, the United States bears a special 
responsibility to do what it can to reciprocate the loyalty that so 
many Iraqis have shown us.
  The bill we introduce today will create a new P2 category for 
Refugees of Special Humanitarian Concern. Individuals who have assisted 
the United States, or who have worked for a company, NGO, or other 
entity that has received a grant or contract from the U.S. Government 
would be eligible for status as a refugee of special humanitarian 
concern. In order to implement this new program, the legislation would 
direct the establishment of consular processing facilities in Iraq to 
expedite the resettlement process for those Iraqis and their immediate 
families who qualify under the bill for special relief.
  The bill also sets up a special immigrant visa category for 
individuals who have worked as interpreters or translators for the 
United States for an aggregate of 1 year between 2003 and the present. 
This new program would augment current efforts to provide protection 
for those individuals who have assisted the United States by providing 
interpreter or translation services.
  The legislation would also direct the Secretary of State to establish 
an office of Minister Counselor in the U.S. Embassy in Baghdad. This 
office would be responsible for overseeing the new programs set up 
under this bill, and would be the primary point of contact for eligible 
individuals seeking protection. This official would also have the 
authority to refer individuals directly to the United States Refugee 
Resettlement Program. Additionally, parallel Minister Counselor offices 
would be established in Egypt, Jordan, Syria, and Lebanon to effectuate 
the P2 refugee program.
  The Secretary of State would also be required to work with other 
nations currently hosting Iraqi refugees in order to provide support 
and to help ensure the safety and well-being of Iraqis located in 
countries surrounding Iraq. The legislation would also allow Iraqis who 
applied for asylum in the United States after 2003, and who were denied 
based on changed country conditions due to the overthrow of Saddam 
Hussein, to have those denials reviewed due to the continuing violence 
and dangerous conditions in the country. This change will allow our 
laws to reflect the current reality in Iraq.
  This legislation will help provide some relief to the brave men and 
women who have assisted the United States in Iraq, and will help renew 
the commitment of the United States to the cause of protecting those 
who turn to us for help. I hope all Senators can join with us in 
support of the bill we introduce today.
                                 ______
                                 
      By Mr. KYL:
  S. 1654. A bill to prohibit the sale or provision of caller ID 
spoofing services; to the Committee on the Judiciary.
  Mr. KYL. Mr. President, I rise today to introduce a bill that would 
prohibit the sale or provision of caller ID spoofing services. This 
bill would enact a legislative proposal that was made by the Justice 
Department in a letter to members of this committee. To facilitate 
commentary on this bill, I ask unanimous consent that the text of the 
bill and a letter from the Justice Department be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 1654

       Section 1040 of title 18, United States Code, is amended--
       (1) by amending subsection (a) to read as follows:
       ``(a) Offense.--Whoever, using any means or facility of 
     interstate or foreign commerce--
       (1) knowingly generates, transmits, or causes to be 
     generated or transmitted--
       (i) false caller ID information with intent wrongfully to 
     obtain anything of value; or
       (ii) caller ID information pertaining to an actual person 
     or other entity without that person's or entity's consent and 
     with intent to deceive any person or other entity about the 
     identity of the caller; or
       (2) knowingly offers, sells, or makes available a service 
     that enables users to modify, generate, or transmit false or 
     misleading caller ID information; or

     attempts or conspires to do so, shall be punished as provided 
     in subsection (b).''; and
       (2) by adding at the end the following:
       ``(f) Exceptions.--Paragraph (a)(2) does not prohibit 
     offering, selling, or making available any such service that 
     transmits, in the signaling data with each call, (1) 
     information sufficient to indicate to the recipient's 
     telephone carrier that the caller ID information is not 
     accurate, (2) if available, the originating telephone number 
     or other information identifying the origin of the call, and 
     (3) the identity of the provider of the service that enabled 
     the user to modify, generate, or transmit the chosen caller 
     ID information.''
                                  ____

                                       U.S. Department of Justice,


                                Office of Legislative Affairs,

                                   Washington, DC, April 25, 2007.
     Hon. Patrick J. Leahy,
     Chairman, Committee on the Judiciary,
     U.S. Senate, Washington, DC.
       Dear Mr. Chairman: The Department of Justice appreciates 
     the opportunity to provide further comment on H.R. 740, the 
     ``Preventing Harassment Through Outbound Number Enforcement 
     Act'' (``PHONE Act of 2007''). The PHONE Act of 2007 was 
     passed by the U.S. House of Representatives on March 21, 2007 
     and referred to the Senate, where consideration of the bill 
     is currently pending before the Judiciary Committee. It is 
     the Department's understanding that a substitute amendment 
     will be offered during the Senate Judiciary Committee's 
     consideration of this legislation. This letter reflects DOJ's 
     views toward the amended version of this bill.
       As the Department noted in its original comments on the 
     PHONE Act submitted to Chairman Conyers on February 5, 2007, 
     we support Congressional action to give law enforcement 
     better tools to protect our citizens and our country from 
     identity thieves, stalkers, and other criminals. In the 
     February 5th letter, the Department of Justice made a number 
     of recommendations to strengthen the bill, many of which were 
     adopted. Those changes have made the

[[Page 16357]]

     PHONE Act a more effective tool for combating threats such as 
     identity theft, preying on the elderly, and the thwarting of 
     important, time-sensitive investigations.
       Although the PHONE Act is an important step toward 
     addressing caller ID spoofing, the problem needs a solution 
     that addresses not only users of caller ID spoofing, but also 
     the services that make this capability to deceive widely 
     available to the public. Several services today offer users 
     the ability to manipulate information transmitted with a 
     telephone call in order to cause a number of the caller's 
     choosing to appear on the call recipient's caller ID display. 
     Using such a service can be as easy as calling a toll-free 
     number and entering calling card information.
       As the Department has described in its testimony before the 
     House of Representatives Subcommittee on Crime, Terrorism, 
     and Homeland Security on the PHONE Act, the widespread 
     availability of caller ID spoofing services poses several 
     problems. First, the recipient of a spoofed call is led to 
     believe that he or she has received the call from someone who 
     did not actually place the call. Numerous such incidents have 
     been reported, including examples of SWAT teams being misled 
     into raiding innocent persons' houses based on 911 calls that 
     incorrectly appeared to have come from the innocent person's 
     home (a practice known as ``SWATting''), businesses being 
     tricked into revealing personal data about the person whose 
     number is spoofed (i.e., enabling ``pretexting''), and 
     harassing calls being placed using the phone number of a 
     political candidate in order to anger voters against that 
     candidate.
       The PHONE Act does not currently address these caller ID 
     spoofing services that make it easy for anyone with a 
     telephone to spoof caller ID. Simply criminalizing the use of 
     spoofing capabilities for criminal or fraudulent purposes 
     would not sufficiently diminish the availability of spoofing 
     services. Because the use of caller ID spoofing is 
     particularly hard to investigate and to prosecute, to address 
     this problem effectively, Congress should also address the 
     providers who make this capability widely available.
       We have included recommended edits to section 2 of the bill 
     in order to address caller ID spoofing services that do not 
     at least notify call recipients that the caller ID 
     information has been modified (attached hereto as Appendix 
     A). We also suggest that Congress consider whether this 
     legislation should contain an explicit exemption for entities 
     complying with existing Federal regulations such as the 
     Telemarketing Sales Rule that allow the substitution of 
     caller ID information for limited purposes.
       The Department appreciates the Committee's leadership in 
     ensuring that our country's laws meet this new challenge. 
     Thank you for the opportunity to comment on the bill and for 
     your continuing support.
       The Office of Management and Budget has advised that there 
     is no objection to the presentation of these views from the 
     standpoint of the Administration's program. If we may be of 
     additional assistance, please do not hesitate to contact this 
     office.
           Sincerely,
                                              Richard A. Hertling,
                                Acting Assistant Attorney General.
                                 ______
                                 
      By Mr. KENNEDY (for himself, Mrs. Murray, and Mr. Byrd):
  S. 1655. A bill to establish improved mandatory standards to protect 
miners during emergencies, and for other purposes; to the Committee on 
Health, Education, Labor, and Pensions.
  Mr. KENNEDY. Mr. President, last year, the Nation was stunned by the 
terrible tragedies at the Sago, Alma, and Darby mines. Those disasters 
exposed the many failures in our laws on mine safety and mine health, 
and made clear that it is essential to bring these protections into the 
modern world.
  Last year, Congress came together to take a vital step toward 
protecting the Nation's miners with the passage of the MINER Act, which 
addressed critical lapses in mine safety and accident response, but 
advances in scientific research and technological development show us 
that there is much more to be done. In part through the new scrutiny 
that is taking place under the MINER Act, we have learned a great deal 
more about what puts miners in danger and how to prevent it.
  We need to begin to address these other pressing safety and health 
needs. That is why today I am introducing the Miner Health and Safety 
Enhancement Act of 2007.
  There is much we can do in the area of mine safety emergencies to 
increase miners' chances of survival, and this legislation encourages 
the development of technologies to do so. It requires stronger seal 
barriers to protect miners from explosions in hazardous mining areas. 
It also requires mine companies to adopt more sophisticated 
communications technology to stay in touch with miners underground, and 
to install rescue chambers to protect miners in the event of an 
explosion or fire.
  The bill does more to eliminate dangerous conditions in mines before 
they harm miners, by banning the unsafe practice of ventilating mines 
in the same passageway as coal-dust laden conveyor belts. This 
practice, unfortunately, has been approved by the Bush administration, 
and it contributed to the tragic fire at Alma mine last year.
  Other reforms are essential as well. Establishing a national call 
center can quickly coordinate emergency information and enhance mine 
rescue and recovery operations. To see that accident investigations are 
objective and thorough, the legislation requires an independent 
investigation to be conducted if miners or their families ask for one.
  Successful prevention depends also on the willingness of miners to 
tell the truth about their working conditions. Safeguards are needed to 
allow them to speak out about on-the-job hazards without fearing for 
their jobs. The bill establishes an independent ombudsman, so miners' 
safety complaints can be heard and fully addressed, without 
jeopardizing miners who blow the whistle on job hazards.
  Tragically, we continue to see miners developing symptoms of black 
lung disease and other deadly respiratory illnesses of the past. To 
protect them, the bill requires operators to provide miners with 
personal dust monitors developed and certified by the National 
Institute of Occupational Safety and Health. To make underground air 
safer, the bill adopts the Institute's levels for exposure to coal 
dust, silica dust, and other air contaminants. It also adopts the 
higher OSHA standard for asbestos. We cannot continue to allow miners 
to work without the protection of these important health standards.
  Mining is an essential industry, and the nation's miners deserve the 
safest possible working conditions. We have a responsibility to see 
that our mine safety laws make our mines the safest and healthiest in 
the world. America's miners deserve no less. I urge my colleagues to 
support the Mine Health and Safety Enhancement Act of 2007.
  Mr. BYRD. Mr. President, I am pleased to cosponsor the Miner Health 
and Safety Enhancement Act of 2007.
  It is critical that the Congress continue to review the statutory 
safeguards for our Nation's coal miners. I want to do everything I can 
to encourage that effort.
  Given reports recently about alarmingly aggressive cases of black 
lung around southern West Virginia, the Congress ought to seriously 
consider new standards for dust monitoring and control. I also support 
the bill's language requiring the installation of atmospheric 
monitoring systems in underground coal mines and requiring the Mine 
Safety and Health Administration, MSHA, to randomly test emergency 
breathing devices every 6 months.
  I also very much support provisions in the bill that would clarify 
the intentions of the MINER Act and require the Department of Labor to 
issue regulations mandating the installation of refuge chambers and 
restricting the use of belt-air ventilation.
  These are all good initiatives and something that the Congress should 
be advocating to ensure safer working conditions for miners. 
Nevertheless, I do have reservations about some of the provisions in 
the Miner Health and Safety Enhancement Act, which I hope can be 
addressed before the Senate Health, Education, Labor, and Pensions, 
HELP, Committee takes any action on this legislation.
  The MINER Act that the Congress passed last year set a deadline 
requiring coal operators to install wireless emergency communications 
and tracking equipment by June 2009. In order to meet this deadline, 
the Congress appropriated $23 million through the fiscal year 2008 for 
NIOSH to expedite its research of emergency communications and 
tracking.
  It is important that the Congress adhere closely to that schedule. To 
suddenly rewrite it, mandating the installation of technologies before 
NIOSH has completed its research, could undermine the intentions of the 
MINER Act and complicate the efforts of MSHA and the Congress to ensure

[[Page 16358]]

timely compliance. Let us not revisit timelines that have already been 
resolved and where implementation has already begun. It is better for 
the Congress to hold operators to the schedule outlined in the MINER 
Act and to allow NIOSH to perform the critical research that has 
already been mandated and funded.
  The Congress should continue to exercise its oversight function to 
ensure rapid implementation of the MINER Act and also to review non-
MINER Act priorities to ensure statutory safeguards are adequate. I 
proudly join the sponsors of this bill in that endeavor.
                                 ______
                                 
      By Ms. SNOWE (for herself and Mr. Kerry):
  S. 1656. A bill to authorize loans for renewable energy systems and 
energy efficiency projects under the Express Loan Program of the Small 
Business Administration; to the Committee on Small Business and 
Entrepreneurship.
  Ms. SNOWE. Mr. President, as Ranking Member of the Senate Committee 
Small Business and Entrepreneurship, I rise today with Senator Kerry to 
introduce the Small Business Energy Efficiency Act of 2007. The energy 
debate now underway in this body is a positive initial step for our 
country, but it is only a first step. Frankly, America must become more 
innovative and invest in infrastructure that provides a lifetime of 
savings, both for its citizens and our global neighbors.
  This year the Senate Committee on Small Business and 
Entrepreneurship, of which I am the Ranking Member, has paid particular 
attention to the effects of climate change and escalating fuel costs on 
small businesses, and the role America's entrepreneurs can play in 
affecting change in these areas. Chairman Kerry and I have already 
devoted two hearings during the 110th Congress to these subjects. 
Clearly, rising gas prices and global warming are having a devastating 
affect on the health of small business in this country.
  As we all know, small business is the backbone of our Nation's 
economy. As the leading Republican on the Small Business Committee and 
as a longstanding steward of the environment, I firmly believe that 
small business has a pivotal role to play in finding a solution to 
global climate change. According to a recent survey conducted by the 
National Small Business Association, 75 percent of small businesses 
believe that energy efficiency can make a significant contribution to 
reducing greenhouse gas emissions. And yet, only 33 percent of those 
had successfully invested in energy efficiency programs for their 
businesses.
  We need to significantly improve energy efficiency investment by 
small businesses. To that end, our measure will ensure that the SBA 
completes its requirements under the Energy Policy Act of 2005. Within 
90 days of enactment, the SBA, through a final rulemaking, would be 
required to complete all of its requirements under the Energy Policy 
Act, including setting up a Energy Clearinghouse that builds on the 
Environmental Protection Agency's Energy Star program.
  Our bill would also create the position of Assistant Administrator 
for Small Business Energy Policy within the SBA. The duties of this 
position include: 1. the oversight and administration the Small 
Business Energy Clearinghouse Program; and 2. the promotion of energy 
efficiency efforts and the reduction of energy costs for small 
businesses.
  It would also create a Small Business Energy Efficiency Pilot Grant 
Program. This pilot, competitive grant program would be administered 
through the national network of Small Business Development Centers, 
SBDCs, which would provide ``energy audits'' to small businesses to 
enhance their energy efficiency practices, as well as providing access 
to information and resources on energy efficiency practices. These 
practices would include ``on-bill financing'' options.
  Our bill would also encourage innovation in energy efficiency. 
Federal agencies shall give priority to Small Business Innovation 
Research, SBIR, and Small Business Technology Transfer, STTR, program 
solicitations by small businesses that participate in or conduct energy 
efficiency or renewable energy system research and development. The SBA 
will issue guidelines to assist Federal agencies and departments in 
determining whether priority has been given.
  Finally, our bill would make the SBA's Express Loan Program available 
to small businesses who wish to purchase renewable energy systems or 
make energy efficiency improvements to their existing businesses. I 
firmly believe that the SBA Express Loan will be an attractive option 
to small business owners looking to make their businesses more energy 
efficient and environmentally sound because of the program's quick 
turnaround time and the ability of participating lenders to use their 
own forms and procedures for approval. Furthermore, lenders and 
borrowers can negotiate the interest rate, which can result in more 
favorable terms for a small business owner. The Express Program is the 
most widely used of SBA's loan products, representing 69 percent of all 
loans made. In fact, the SBA Express lender network is made up of 
almost 2,000 financial institutions nationwide.
  Many small businesses are already leading the charge in combating 
global warming. For instance, in my home state of Maine, Oakhurst 
Dairy, an 86-year-old business, recently announced that it has 
converted its fleet of over 100 trucks and trailers to a bio-diesel 
fuel blend. Oakhurst's President Stanley Bennett sent me a letter 
stating: ``We firmly believe that doing the right thing environmentally 
is almost always the right thing to do for your business.'' It is my 
hope that our bill will spur more small firms to make the same 
investment in the environment and their businesses.
  As we engage in this debate, we must remain mindful that potential 
solutions must fully consider the economic realities facing small 
businesses. According to the SBA Office of Advocacy, compliance with 
environmental regulations costs 364 percent more in small businesses 
than in larger businesses. So, in developing solutions Senator Kerry 
and I have worked to ensure that small businesses possess a range of 
cost-effective alternatives and have avoided a one-sized-fits-all 
approach.
  In conclusion, this bipartisan measure will enable small businesses 
to play a leading role in combating global climate change. Assisting 
small firms in this regard will not only help the environment, but will 
also significantly lower the energy costs for cash-strapped small 
businesses.
                                 ______
                                 
      By Mr. KERRY (for himself and Ms. Snowe):
  S. 1657. A bill to establish a small business energy efficiency 
program, and for other purposes; to the Committee on Small Business and 
Entrepreneurship.
  Mr. KERRY. Mr. President, in March of this year, I convened a hearing 
in the Committee on Small Business and Entrepreneurship to look at what 
small businesses can do to confront global warming. In February, the 
Intergovernmental Panel on Climate Change put forward a report that has 
been referred to as ``the smoking gun'' on global warming, written by 
more than 600 scientists, reviewed by another 600 experts, and edited 
by officials from 154 governments, the report provides indisputable 
evidence that the ice caps are melting, the sea level is rising, and 
the earth's surface is heating up at an alarming and potentially 
catastrophic rate.
  Senator Snowe and I have worked together on a number of initiatives 
to combat global warming, including introducing the Global Warming 
Reduction Act of 2007, an effort to reduce greenhouse gas emissions by 
65 percent by the year 2050. Today, we continue this partnership as 
chairman and ranking member of the Committee on Small Business and 
Entrepreneurship by introducing the Small Business Energy Efficiency 
Act of 2007.
  There are nearly 26 million small businesses in this country, nearly 
26 million business owners that are focused on keeping their doors open 
and putting food on the table for their families. And while climate 
change and national energy security sometimes seem

[[Page 16359]]

like distant threats compared to rising health care costs and staying 
competitive in an increasingly global economy, small business owners 
are telling us that energy costs are indeed a concern. The National 
Small Business Association recently conducted a poll of its members, 
asking how energy prices affected their business decisions. Seventy-
five percent said that energy prices had at least a moderate effect on 
their businesses, with roughly the same number saying that reducing 
energy costs would increase their profitability. Despite these numbers, 
only 33 percent have invested in energy efficient programs.
  The Environmental Protection Agency estimates that small businesses 
consume roughly 30 percent of the commercial energy consumed in this 
country, that is roughly 2 trillion kBtu of energy per year, and it is 
costing small business concerns approximately $29 million a year. 
Through efforts to increase energy efficiency, small businesses can 
contribute to America's energy security, help to combat global warming, 
and add to their bottom line all at the same time.
  The Small Business Energy Efficiency Act of 2007 seeks to assist 
small business owners in doing all of these things. First, the bill 
requires the Small Business Administration, SBA, to implement an energy 
efficiency program that was mandated in the 2005 Energy Policy Act. To 
date, the SBA has dragged its feet in implementing a program that could 
help small business owners to become more energy efficient. 
Administrator Preston should implement this important program today, 
and this bill directs him to do so.
  Second, the bill establishes a program to increase energy efficiency 
through energy audits at Small Business Development Centers, SBDCs. The 
Pennsylvania SBDC currently operates a similar program, and has 
successfully assisted hundreds of businesses to become more energy 
efficient. As a result of the program, six of the eight winners of the 
2006 ENERGY STAR Small Business Awards given by the EPA went to 
Pennsylvania businesses. This program should be replicated so that 
small businesses across the country have the same opportunity to cut 
energy costs through the efficiency measures.
  In addition, this bill authorizes the Administrator to guarantee on-
bill financing agreements between businesses and utility companies, to 
cover a utility company's risk in entering into such an agreement. The 
federal government should encourage utility companies to pursue these 
agreements with businesses, where an electric utility will cover the 
up-front costs of implementing energy efficiency measures, and a 
business will repay these costs through the savings realized in their 
energy bill.
  This bill also encourages telecommuting through a pilot program at 
SBA. The Administrator is authorized to establish a program that 
produces educational materials and performs outreach to small 
businesses on the benefits of telecommuting.
  Finally, the bill encourages increased innovation by providing a 
priority status within the SBIR and STTR programs that ensures high 
priority be given to small business concerns participating in energy 
efficiency or renewable energy system research and development 
projects.
  As a Nation, we have much to do to secure our future energy supply 
and to solve the international crisis that is global warming. This bill 
represents one step in that process--to engage our small business 
owners in this effort, and to assist them in becoming more aware of 
what is possible. I urge my colleagues to support this bill, and I 
thank Senator Snowe for her work in this area.
  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. 1657

       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 ``Small 
     Business Energy Efficiency Act of 2007''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Implementation of small business energy efficiency program.
Sec. 5. Small business energy efficiency.
Sec. 6. Small business telecommuting.
Sec. 7. Encouraging innovation in energy efficiency.
Sec. 8. Express loans for renewable energy and energy efficiency.

     SEC. 2. FINDINGS.

       Congress finds that:
       (1) Small business concerns represent roughly 50 percent of 
     the economy of the United States, employing 50 percent of all 
     private sector employees, and producing more than 50 percent 
     of nonfarm private gross domestic product.
       (2) The Environmental Protection Agency estimates that, 
     based on data from the 2003 Commercial Buildings Energy 
     Consumption Survey of the Department of Energy, small 
     business concerns consume roughly 2,000,000,000,000 kBtu of 
     energy per year, costing small business concerns 
     approximately $29,000,000,000.
       (3) The Environmental Protection Agency estimate does not 
     include additional energy that is used by small business 
     concerns located outside of commercial buildings, such as 
     home-based small business concerns. Additional, peer-reviewed 
     research studies must be conducted to assess the amount of 
     energy consumed by small business concerns.
       (4) A recent survey conducted by the National Small 
     Business Association revealed that 75 percent of small 
     business concerns believe that energy efficiency can make a 
     significant contribution to reducing greenhouse gas 
     emissions. And yet, only 33 percent of those small business 
     concerns had successfully invested in energy efficiency 
     programs for their businesses.
       (5) Small business concerns have demonstrated that they are 
     capable of achieving realistic energy consumption reductions 
     of 30 percent as a result of implementing the recommendations 
     of targeted energy audits. These reductions have been 
     demonstrated by clients of the Pennsylvania Small Business 
     Development Centers and are supported by the national 
     experience of the ENERGY STAR Small Business program of the 
     Environmental Protection Agency.
       (6) Small business concerns are a source for the 
     technological innovations at the heart of the effort to find 
     a solution to the challenge of climate change and to 
     establish energy independence for the United States.
       (7) On-bill financing arrangements, involving small 
     business concerns, utilities, banks, and certified energy 
     efficiency professionals, have demonstrated success in 
     reducing energy usage by small business concerns across the 
     country, and greater use of on-bill financing agreements 
     should be encouraged.
       (8) Telecommuting represents an established method for 
     reducing fuel consumption, and information regarding the 
     benefits of telecommuting should be made available to owners 
     of small business concerns.

     SEC. 3. DEFINITIONS.

       In this Act--
       (1) the terms ``Administration'' and ``Administrator'' mean 
     the Small Business Administration and the Administrator 
     thereof, respectively;
       (2) the term ``association'' means the association of small 
     business development centers established under section 
     21(a)(3)(A) of the Small Business Act (15 U.S.C. 
     648(a)(3)(A));
       (3) the term ``disability'' has the meaning given that term 
     in section 3 of the Americans with Disabilities Act of 1990 
     (42 U.S.C. 12102);
       (4) the term ``electric utility'' has the meaning given 
     that term in section 3 of the Public Utility Regulatory 
     Policies Act of 1978 (16 U.S.C. 2602);
       (5) the term ``on-bill financing'' means a low interest or 
     no interest financing agreement between a small business 
     concern and an electric utility for the purchase or 
     installation of equipment, under which the regularly 
     scheduled payment of that small business concern to that 
     electric utility is not reduced by the amount of the 
     reduction in cost attributable to the new equipment and that 
     amount is credited to the electric utility, until the cost of 
     the purchase or installation is repaid;
       (6) the term ``small business concern'' has the meaning 
     given that term in section 3 of the Small Business Act (15 
     U.S.C. 636);
       (7) the term ``small business development center'' means a 
     small business development center described in section 21 of 
     the Small Business Act (15 U.S.C. 648);
       (8) the term ``telecommuting'' means the use of 
     telecommunications to perform work functions under 
     circumstances which reduce or eliminate the need to commute; 
     and
       (9) the term ``veteran'' has the meaning given that term in 
     section 101 of title 38, United States Code.

     SEC. 4. IMPLEMENTATION OF SMALL BUSINESS ENERGY EFFICIENCY 
                   PROGRAM.

       (a) In General.--Not later than 90 days after the date of 
     enactment of this Act, the

[[Page 16360]]

     Administrator shall promulgate final rules establishing the 
     Government-wide program authorized under subsection (d) of 
     section 337 of the Energy Policy and Conservation Act (42 
     U.S.C. 6307) that ensure compliance with that subsection by 
     not later than 6 months after such date of enactment.
       (b) Plan.--Not later than 90 days after the date of 
     enactment of this Act, the Administrator shall publish a 
     detailed plan regarding how the Administrator will--
       (1) assist small business concerns in becoming more energy 
     efficient; and
       (2) build on the Energy Star for Small Business Program of 
     the Department of Energy and the Environmental Protection 
     Agency.
       (c) Assistant Administrator for Small Business Energy 
     Policy.--
       (1) In general.--There is in the Administration an 
     Assistant Administrator for Small Business Energy Policy, who 
     shall be appointed by, and report to, the Administrator.
       (2) Duties.--The Assistant Administrator for Small Business 
     Energy Policy shall--
       (A) oversee and administer the requirements under this 
     section and section 337(d) of the Energy Policy and 
     Conservation Act (42 U.S.C. 6307(d)); and
       (B) promote energy efficiency efforts for small business 
     concerns and reduce energy costs of small business concerns.
       (d) Reports.--The Administrator shall submit to the 
     Committee on Small Business and Entrepreneurship of the 
     Senate and the Committee on Small Business of the House of 
     Representatives an annual report on the progress of the 
     Administrator in encouraging small business concerns to 
     become more energy efficient, including data on the rate of 
     use of the Small Business Energy Clearinghouse established 
     under section 337(d)(4) of the Energy Policy and Conservation 
     Act (42 U.S.C. 6307(d)(4)).

     SEC. 5. SMALL BUSINESS ENERGY EFFICIENCY.

       (a) Authority.--The Administrator shall establish a Small 
     Business Energy Efficiency Pilot Program (in this section 
     referred to as the ``Efficiency Pilot Program'') to provide 
     energy efficiency assistance to small business concerns 
     through small business development centers.
       (b) Small Business Development Centers.--
       (1) In general.--In carrying out the Efficiency Pilot 
     Program, the Administrator shall enter into agreements with 
     small business development centers under which such centers 
     shall--
       (A) provide access to information and resources on energy 
     efficiency practices, including on-bill financing options;
       (B) conduct training and educational activities;
       (C) offer confidential, free, one-on-one, in-depth energy 
     audits to the owners and operators of small business concerns 
     regarding energy efficiency practices;
       (D) give referrals to certified professionals and other 
     providers of energy efficiency assistance who meet such 
     standards for educational, technical, and professional 
     competency as the Administrator shall establish; and
       (E) act as a facilitator between small business concerns, 
     electric utilities, lenders, and the Administration to 
     facilitate on-bill financing arrangements.
       (2) Reports.--Each small business development center 
     participating in the Efficiency Pilot Program shall submit to 
     the Administrator and the Administrator of the Environmental 
     Protection Agency an annual report that includes--
       (A) a summary of the energy efficiency assistance provided 
     by that center under the Efficiency Pilot Program;
       (B) the number of small business concerns assisted by that 
     center under the Efficiency Pilot Program;
       (C) statistics on the total amount of energy saved as a 
     result of assistance provided by that center under the 
     Efficiency Pilot Program; and
       (D) any additional information determined necessary by the 
     Administrator, in consultation with the association.
       (3) Reports to congress.--Not later than 60 days after the 
     date on which all reports under paragraph (2) relating to a 
     year are submitted, the Administrator shall submit to the 
     Committee on Small Business and Entrepreneurship of the 
     Senate and the Committee on Small Business of the House of 
     Representatives a report summarizing the information 
     regarding the Efficiency Pilot Program submitted by small 
     business development centers participating in that program.
       (c) Eligibility.--A small business development center shall 
     be eligible to participate in the Efficiency Pilot Program 
     only if that center is certified under section 21(k)(2) of 
     the Small Business Act (15 U.S.C. 648(k)(2)).
       (d) Selection of Participating State Programs.--
       (1) Groupings.--
       (A) Selection of programs.--The Administrator shall select 
     the small business development center programs of 2 States 
     from each of the groupings of States described in 
     subparagraphs (B) through (K) to participate in the pilot 
     program established under this section.
       (B) Group 1.--Group 1 shall consist of Maine, 
     Massachusetts, New Hampshire, Connecticut, Vermont, and Rhode 
     Island.
       (C) Group 2.--Group 2 shall consist of New York, New 
     Jersey, Puerto Rico, and the Virgin Islands.
       (D) Group 3.--Group 3 shall consist of Pennsylvania, 
     Maryland, West Virginia, Virginia, the District of Columbia, 
     and Delaware.
       (E) Group 4.--Group 4 shall consist of Georgia, Alabama, 
     North Carolina, South Carolina, Mississippi, Florida, 
     Kentucky, and Tennessee.
       (F) Group 5.--Group 5 shall consist of Illinois, Ohio, 
     Michigan, Indiana, Wisconsin, and Minnesota.
       (G) Group 6.--Group 6 shall consist of Texas, New Mexico, 
     Arkansas, Oklahoma, and Louisiana.
       (H) Group 7.--Group 7 shall consist of Missouri, Iowa, 
     Nebraska, and Kansas.
       (I) Group 8.--Group 8 shall consist of Colorado, Wyoming, 
     North Dakota, South Dakota, Montana, and Utah.
       (J) Group 9.--Group 9 shall consist of California, Guam, 
     American Samoa, Hawaii, Nevada, and Arizona.
       (K) Group 10.--Group 10 shall consist of Washington, 
     Alaska, Idaho, and Oregon.
       (e) Matching Requirement.--Subparagraphs (A) and (B) of 
     section 21(a)(4) of the Small Business Act (15 U.S.C. 
     648(a)(4)) shall apply to assistance made available under the 
     Efficiency Pilot Program.
       (f) Grant Amounts.--Each small business development center 
     selected to participate in the Efficiency Pilot Program under 
     subsection (d) shall be eligible to receive a grant in an 
     amount equal to--
       (1) not less than $100,000 in each fiscal year; and
       (2) not more than $300,000 in each fiscal year.
       (g) Evaluation and Report.--The Comptroller General of the 
     United States shall--
       (1) not later than 30 months after the date of disbursement 
     of the first grant under the Efficiency Pilot Program, 
     initiate an evaluation of that pilot program; and
       (2) not later than 6 months after the date of the 
     initiation of the evaluation under paragraph (1), submit to 
     the Administrator, the Committee on Small Business and 
     Entrepreneurship of the Senate, and the Committee on Small 
     Business of the House of Representatives, a report 
     containing--
       (A) the results of the evaluation; and
       (B) any recommendations regarding whether the Efficiency 
     Pilot Program, with or without modification, should be 
     extended to include the participation of all small business 
     development centers.
       (h) Guarantee.--The Administrator may guarantee the timely 
     payment of a loan made to a small business concern through an 
     on-bill financing agreement on such terms and conditions as 
     the Administrator shall establish through a formal rule 
     making, after providing notice and an opportunity for 
     comment.
       (i) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated to 
     carry out this section--
       (A) $5,000,000 for the first fiscal year beginning after 
     the date of enactment of this Act; and
       (B) $5,000,000 for each of the 3 fiscal years following the 
     fiscal year described in subparagraph (A).
       (2) Limitation on use of other funds.--The Administrator 
     may carry out the Efficiency Pilot Program only with amounts 
     appropriated in advance specifically to carry out this 
     section.
       (j) Termination.--The authority under this section shall 
     terminate 4 years after the date of disbursement of the first 
     grant under the Efficiency Pilot Program.

     SEC. 6. SMALL BUSINESS TELECOMMUTING.

       (a) Pilot Program.--
       (1) In general.--In accordance with this section, the 
     Administrator shall conduct, in not more than 5 of the 
     regions of the Administration, a pilot program to provide 
     information regarding telecommuting to employers that are 
     small business concerns and to encourage such employers to 
     offer telecommuting options to employees (in this section 
     referred to as the ``Telecommuting Pilot Program'').
       (2) Special outreach to individuals with disabilities.--In 
     carrying out the Telecommuting Pilot Program, the 
     Administrator shall make a concerted effort to provide 
     information to--
       (A) small business concerns owned by or employing 
     individuals with disabilities, particularly veterans who are 
     individuals with disabilities;
       (B) Federal, State, and local agencies having knowledge and 
     expertise in assisting individuals with disabilities, 
     including veterans who are individuals with disabilities; and
       (C) any group or organization, the primary purpose of which 
     is to aid individuals with disabilities or veterans who are 
     individuals with disabilities.
       (3) Permissible activities.--In carrying out the 
     Telecommuting Pilot Program, the Administrator may--
       (A) produce educational materials and conduct presentations 
     designed to raise awareness in the small business community 
     of the benefits and the ease of telecommuting;
       (B) conduct outreach--
       (i) to small business concerns that are considering 
     offering telecommuting options; and

[[Page 16361]]

       (ii) as provided in paragraph (2); and
       (C) acquire telecommuting technologies and equipment to be 
     used for demonstration purposes.
       (4) Selection of regions.--In determining which regions 
     will participate in the Telecommuting Pilot Program, the 
     Administrator shall give priority consideration to regions in 
     which Federal agencies and private-sector employers have 
     demonstrated a strong regional commitment to telecommuting.
       (b) Report to Congress.--Not later than 2 years after the 
     date on which funds are first appropriated to carry out this 
     section, the Administrator shall transmit to the Committee on 
     Small Business and Entrepreneurship of the Senate and the 
     Committee on Small Business of the House of Representatives a 
     report containing the results of an evaluation of the 
     Telecommuting Pilot Program and any recommendations regarding 
     whether the pilot program, with or without modification, 
     should be extended to include the participation of all 
     regions of the Administration.
       (c) Termination.--The Telecommuting Pilot Program shall 
     terminate 4 years after the date on which funds are first 
     appropriated to carry out this section.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Administration $5,000,000 to carry 
     out this section.

     SEC. 7. ENCOURAGING INNOVATION IN ENERGY EFFICIENCY.

       Section 9 of the Small Business Act (15 U.S.C. 638) is 
     amended by adding at the end the following:
       ``(z) Encouraging Innovation in Energy Efficiency.--
       ``(1) Federal agency energy-related priority.--In carrying 
     out its duties under this section to SBIR and STTR 
     solicitations by Federal agencies, the Administrator shall--
       ``(A) ensure that such agencies give high priority to small 
     business concerns that participate in or conduct energy 
     efficiency or renewable energy system research and 
     development projects; and
       ``(B) include in the annual report to Congress under 
     subsection (b)(7) a determination of whether the priority 
     described in subparagraph (A) is being carried out.
       ``(2) Consultation required.--The Administrator shall 
     consult with the heads of other Federal agencies and 
     departments in determining whether priority has been given to 
     small business concerns that participate in or conduct energy 
     efficiency or renewable energy system research and 
     development projects, as required by this section.
       ``(3) Guidelines.--The Administrator shall, as soon as is 
     practicable after the date of enactment of this subsection, 
     issue guidelines and directives to assist Federal agencies in 
     meeting the requirements of this section.
       ``(4) Definitions.--In this subsection--
       ``(A) the term `biomass'--
       ``(i) means any organic material that is available on a 
     renewable or recurring basis, including--

       ``(I) agricultural crops;
       ``(II) trees grown for energy production;
       ``(III) wood waste and wood residues;
       ``(IV) plants (including aquatic plants and grasses);
       ``(V) residues;
       ``(VI) fibers;
       ``(VII) animal wastes and other waste materials; and
       ``(VIII) fats, oils, and greases (including recycled fats, 
     oils, and greases); and

       ``(ii) does not include--

       ``(I) paper that is commonly recycled; or
       ``(II) unsegregated solid waste;

       ``(B) the term `energy efficiency project' means the 
     installation or upgrading of equipment that results in a 
     significant reduction in energy usage; and
       ``(C) the term `renewable energy system' means a system of 
     energy derived from--
       ``(i) a wind, solar, biomass (including biodiesel), or 
     geothermal source; or
       ``(ii) hydrogen derived from biomass or water using an 
     energy source described in clause (i).''.

     SEC. 8. EXPRESS LOANS FOR RENEWABLE ENERGY AND ENERGY 
                   EFFICIENCY.

       Section 7(a)(31) of the Small Business Act (15 U.S.C. 
     636(a)(31)) is amended by adding at the end the following:
       ``(F) Express loans for renewable energy and energy 
     efficiency.--
       ``(i) Definitions.--In this subparagraph, the terms `energy 
     efficiency project' and `renewable energy system' have the 
     meanings given those terms in section 9(z).
       ``(ii) Loans.--Loans may be made under the `Express Loan 
     Program' for the purpose of--

       ``(I) purchasing a renewable energy system; or
       ``(II) an energy efficiency project for an existing 
     business.''.

                                 ______
                                 
      By Mr. GREGG:
  S. 1658. A bill to amend the Servicemembers Civil Relief Act to 
provide protection for child custody arrangements for parents who are 
members of the Armed Forces deployed in support of a contingency 
operation; to the Committee on Veterans' Affairs.
  Mr. GREGG. Mr. President, I rise today to speak about several of the 
personal problems currently being experienced by some military families 
due to the deployment of one or both parents and to introduce three 
pieces of legislation, the language of which is included in the 
recently passed House of Representatives Defense authorization bill, 
which are designed to help alleviate those problems.
  But first, I would like to express my sincere thanks to the fathers 
and mothers, husbands and wives, sisters and brothers, and the sons and 
daughters of our Nation, who in these very tumultuous and dangerous 
times have volunteered to join our Armed Forces and serve our country 
around the world. In December 1776, another of the tumultuous times for 
our Nation, Thomas Paine wrote ``These are the times that try men's 
souls: The summer soldier and the sunshine patriot will, in this 
crisis, shrink from the service of his country; but he that stands it 
now, deserves the love and thanks of man and woman.'' Our modern day 
Patriots, who are now serving in the Army, Navy, Marine Corps, Air 
Force and Coast Guard, also heard and answered our country's call and 
they surely deserve the love and thanks of our Nation.
  In some cases, while a military parent is deployed overseas, courts 
have overturned custody arrangements of their child or children; this 
while the deployed military custodial parent was unable to appear 
before the court. The first piece of legislation, S. 1658, would 
provide protection of child custody arrangements for Armed Forces 
parents who are deployed in contingency operations. The legislation 
states that if a motion for change of custody of a child of a 
servicemember is filed while the servicemember is deployed in support 
of a contingency operation, no court may enter an order modifying or 
amending any previous judgment or order, or issue a new order that 
changes the child custody arrangement that existed as of the deployment 
date. An exception is allowed whereby the court may enter a temporary 
custody order if there is clear and convincing evidence that it is in 
the best interest of the child. Additionally, if a motion for the 
change of custody of the child of a servicemember who was deployed in 
support of a contingency operation is filed after the end of the 
deployment, no court may consider the absence of the servicemember by 
reason of that deployment in determining the best interest of the 
child.
  The second piece of legislation, S. 1659, is intended to preclude 
some of the tension and anxiety that a child may suffer from the 
simultaneous deployment of both parents, as well as the grief that 
would result if both those parents were to lose their lives while 
simultaneously deployed. This bill would provide a limitation on 
simultaneous deployment to combat zones of dual-military couples who 
have minor dependents. It states that in the case of a member of the 
Armed Forces with minor dependents who has a spouse who is also a 
member of the Armed Forces, and the spouse is deployed in an area for 
which imminent danger pay is authorized, the member may request a 
deferment of a deployment to such an area until the spouse returns from 
such deployment.
  And the third piece of legislation, S. 1660, would initiate studies 
that could hopefully lead to improved support services for families of 
members of the National Guard and Reserve who are undergoing 
deployment. This legislation would direct the Secretary of Defense to 
conduct a study of possible methods to enhance support services for 
children of members of the National Guard and Reserve who are deployed. 
Additionally, the legislation would require the Pentagon to carry out a 
study on establishment of a program on family-to-family support for 
families of deployed members of the National Guard and Reserve.
  Mr. President, I ask that my fellow Senators consider these bills.
                                 ______
                                 
      By Mr. DORGAN (for himself, Mr. Stevens, and Mr. Inouye):
  S. 1661. A bill to communicate United States travel policies and 
improve marketing and other activities designed to increase travel in 
the United

[[Page 16362]]

States from abroad; to the Committee on Commerce, Science, and 
Transportation.
  Mr. DORGAN. Mr. President, today I am introducing, along with 
Senators Stevens and Inouye, the Travel Promotion Act of 2007. We seek 
with this bill to increase travel to the United States and rebuild the 
country's place in the global travel market. After 9/11, the number of 
overseas travelers to the United States decreased dramatically and has 
still not recovered. Travel and tourism are a crucial part of our 
export industry, but other countries have gained market share to our 
detriment. Foreign travelers are going elsewhere.
  The absence of federal leadership in travel promotion has resulted in 
States having to step in to fill that void. An example is the effort 
made by my home State of North Dakota, where tourism is the State's 
second largest industry, with visitors spending $3.36 billion in 2004. 
The investment that North Dakota made to encourage travel and tourism 
has reaped enormous benefits, with the State getting a return of 
investment of almost $82 for each dollar spent on travel promotion.
  While States have made inroads to attracting travelers, the lack of a 
coordinated federal campaign creates a comparative disadvantage with 
countries that have centralized ministries or offices to encourage 
international travel to their countries. The example of North Dakota 
should be a lesson for the entire country. The United States offers 
unique and diverse destinations for travelers--a small investment in 
national coordination has the potential to create a significant 
windfall for our economy.
  The Travel Promotion Act of 2007 will promote travel to the U.S., 
including areas not traditionally visited, highlighting the United 
States as a premier travel destination. The bill will improve 
communication of United States travel policies and perceptions of the 
process. Negative perceptions can often deter foreigners from traveling 
to the United States. Our communities will benefit from growth of this 
multi-billion dollar industry. With an increase in visitors they will 
experience an increase in jobs and expansion of local economies.
  The bill initiates a nationally coordinated travel promotion campaign 
established in a public-private partnership to increase international 
travel to the United States. It creates a Corporation for Travel 
Promotion, an independent, nonprofit corporation, to run the travel 
promotion campaign. The program will be funded equally by a small fee 
paid by foreign travelers visiting the U.S. and matching contributions 
from the travel industry.
  This is a great country, and we should welcome visitors to our shores 
to meet our people and experience our culture. I thank the Chair and 
Vice-Chair of the Committee on Commerce, Science, and Transportation 
for joining with me to develop this campaign and promote travel to our 
Nation.
  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. 1661

       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) This Act may be cited as the ``Travel Promotion Act of 
     2007.''.
       (b) Table of Contents--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. The Corporation for Travel Promotion.
Sec. 3. Accountability measures.
Sec. 4. Matching public and private funding.
Sec. 5. Travel promotion program funding.
Sec. 6. Assessment authority.
Sec. 7. Under Secretary of Commerce for Travel Promotion.
Sec. 8. Research program.
Sec. 9. Definitions.

     SEC. 2. THE CORPORATION FOR TRAVEL PROMOTION.

       (a) Establishment.--The Corporation for Travel Promotion is 
     established as a nonprofit corporation. The Corporation shall 
     not be an agency or establishment of the United States 
     Government. The Corporation shall be subject to the 
     provisions of the District of Columbia Nonprofit Corporation 
     Act (D.C. Code, section 29-1001 et seq.), to the extent that 
     such provisions are consistent with this section, and shall 
     have the powers conferred upon a nonprofit corporation by 
     that Act to carry out its purposes and activities.
       (b) Board of Directors.--
       (1) In general.--The Corporation shall have a board of 
     directors of 14 members, appointed by the Secretary of 
     Commerce, who are United States citizens with professional 
     expertise and experience in the fields of travel, 
     international travel promotion, and marketing and broadly 
     represent various regions of the Nation, of whom--
       (A) 1 shall represent hotel accommodations providers;
       (B) 2 shall represent restaurant and retail businesses;
       (C) 2 shall represent attractions and recreation 
     businesses;
       (D) 1 shall represent the passenger air transportation 
     business;
       (E) 1 shall represent the car rental business;
       (F) 3 shall represent State and local offices from 
     disparate regions of the country;
       (G) 1 shall be a Federal employee (as defined in section 
     2105 of title 5, United States Code);
       (H) 1 shall represent the higher education community; and
       (I) 2 shall represent the small business community.
       (2) Incorporation.--The members of the initial board of 
     directors shall serve as incorporators and shall take 
     whatever actions are necessary to establish the Corporation 
     under the District of Columbia Nonprofit Corporation Act 
     (D.C. Code, section 29-1001 et seq.).
       (3) Term of office.--The term of office of each member of 
     the board appointed by the Secretary shall be 3 years, except 
     that, of the members first appointed--
       (A) 3 shall be appointed for terms of 1 year;
       (B) 4 shall be appointed for terms of 2 years; and
       (C) 4 shall be appointed for terms of 3 years.
       (4) Vacancies.--Any vacancy in the board shall not affect 
     its power, but shall be filled in the manner required by this 
     section. Any member whose term has expired may serve until 
     the member's successor has taken office, or until the end of 
     the calendar year in which the member's term has expired, 
     whichever is earlier. Any member appointed to fill a vacancy 
     occurring prior to the expiration of the term for which that 
     member's predecessor was appointed shall be appointed for the 
     remainder of the predecessor's term. No member of the board 
     shall be eligible to serve more than 2 consecutive full 
     terms.
       (5) Election of chairman and vice chairman.--Members of the 
     board shall annually elect one of their members to be 
     Chairman and elect 1 or more of their members as a Vice 
     Chairman or Vice Chairmen.
       (6) Status as federal employees.--Notwithstanding any 
     provision of law to the contrary, no member of the board may 
     be considered to be a Federal employee of the United States 
     by virtue of his or her service as a member of the board.
       (7) Compensation; expenses.--No member shall receive any 
     compensation from the Federal government for serving on the 
     Council. Each member of the Council shall be paid actual 
     travel expenses and per diem in lieu of subsistence expenses 
     when away from his or her usual place of residence, in 
     accordance with section 5703 of title 5, United States Code.
       (c) Officers and Employees.--
       (1) In general.--The Corporation shall have a President, 
     and such other officers as may be named and appointed by the 
     board for terms and at rates of compensation fixed by the 
     board. No individual other than a citizen of the United 
     States may be an officer of the Corporation. The corporation 
     may hire and fix the compensation of such employees as may be 
     necessary to carry out its purposes. No officer or employee 
     of the Corporation may receive any salary or other 
     compensation (except for compensation for services on boards 
     of directors of other organizations that do not receive funds 
     from the Corporation, on committees of such boards, and in 
     similar activities for such organizations) from any sources 
     other than the Corporation for services rendered during the 
     period of his or her employment by the Corporation. Service 
     by any officer on boards of directors of other organizations, 
     on committees of such boards, and in similar activities for 
     such organizations shall be subject to annual advance 
     approval by the board and subject to the provisions of the 
     Corporation's Statement of Ethical Conduct. All officers and 
     employees shall serve at the pleasure of the board.
       (2) Nonpolitical nature of appointment.--No political test 
     or qualification shall be used in selecting, appointing, 
     promoting, or taking other personnel actions with respect to 
     officers, agents, or employees of the Corporation.
       (d) Nonprofit and Nonpolitical Nature of Corporation.--
       (1) Stock.--The Corporation shall have no power to issue 
     any shares of stock, or to declare or pay any dividends.
       (2) Profit.--No part of the income or assets of the 
     Corporation shall inure to the benefit of any director, 
     officer, employee, or any other individual except as salary 
     or reasonable compensation for services.

[[Page 16363]]

       (3) Politics.--The Corporation may not contribute to or 
     otherwise support any political party or candidate for 
     elective public office.
       (e) Duties and Powers.--
       (1) In general.--The Corporation shall develop and execute 
     a plan--
       (A) to provide useful information to foreign tourists and 
     others interested in travelling to the United States, 
     including the distribution of material provided by the 
     Federal government concerning entry requirements, required 
     documentation, fees, and processes, to prospective travelers, 
     travel agents, tour operators, meeting planners, foreign 
     governments, travel media and other international 
     stakeholders;
       (B) to counter and correct misperceptions regarding United 
     States travel policy around the world;
       (C) to maximize the economic and diplomatic benefits of 
     travel to the United States by promoting the United States of 
     America to world travelers through the use of, but not 
     limited to, all forms of advertising, outreach to trade 
     shows, and other appropriate promotional activities;
       (D) to ensure that international travel benefits all States 
     and the District of Columbia, including areas not 
     traditionally visited by international travelers.; and
       (E) to give priority to the Corporation's efforts in terms 
     of countries and populations most likely to travel to the 
     United States.
       (2) Specific powers.--In order to carry out the purposes of 
     this section, the Corporation may--
       (A) obtain grants from and make contracts with individuals 
     and private companies, State, and Federal agencies, 
     organizations, and institutions;
       (B) hire or accept the voluntary services of consultants, 
     experts, advisory boards, and panels to aid the Corporation 
     in carrying out its purposes; and
       (C) take such other actions as may be necessary to 
     accomplish the purposes set forth in this section.
       (f) Open Meetings.--Meetings of the board of directors of 
     the Corporation, including any committee of the board, shall 
     be open to the public. The board may, by majority vote, close 
     any such meeting only for the time necessary to preserve the 
     confidentiality of commercial or financial information that 
     is privileged or confidential, to discuss personnel matters, 
     or to discuss legal matters affecting the Corporation, 
     including pending or potential litigation.
       (g) Major campaigns.--The board may not authorize the 
     Corporation to obligate or expend more than $25,000,000 on 
     any advertising campaign, promotion, or related effort 
     unless--
       (1) the obligation or expenditure is approved by an 
     affirmative vote of at least \2/3\ of the members of the 
     board present at the meeting;
       (2) at least 8 members of the board are present at the 
     meeting at which it is approved; and
       (3) each member of the board has been given at least 3 days 
     advance notice of the meeting at which the vote is to be 
     taken and the matters to be voted upon at that meeting.
       (h) Fiscal Accountability.
       (1) Fiscal year.--The Corporation shall establish as its 
     fiscal year the 12-month period beginning on October 1.
       (2) Budget.--The Corporation shall adopt a budget for each 
     fiscal year.
       (3) Annual audits.--The Corporation shall engage an 
     independent accounting firm to conduct an annual financial 
     audit of the Corporation's operations and shall publish the 
     results of the audit. The Comptroller General shall have full 
     and complete access to the books and records of the 
     Corporation.

     SEC. 3. ACCOUNTABILITY MEASURES.

       (a) Objectives.--The Board shall establish annual 
     objectives for the Corporation for each fiscal year subject 
     to approval by the Secretary. The Corporation shall establish 
     a marketing plan for each fiscal year not less than 60 days 
     before the beginning of that year and provide a copy of the 
     plan, and any revisions thereof, to the Secretary.
       (b) Budget.--The board shall transmit a copy of the 
     Corporation's budget for the forthcoming fiscal year to the 
     Secretary no later than August 16 immediately preceding that 
     fiscal year, together with an explanation of any expenditure 
     provided for by the budget in excess of $5,000,000 for the 
     fiscal year. The Corporation shall make a copy of the budget 
     and the explanation available to the public and shall provide 
     public access to the budget and explanation on the 
     Corporation's website.
       (c) Annual Report to Congress.--The Corporation shall 
     submit an annual report for the preceding fiscal year to the 
     Secretary of Commerce for transmittal to the Congress on or 
     before the 15th day of May of each year. The report shall 
     include--
       (1) a comprehensive and detailed report of the 
     Corporation's operations, activities, financial condition, 
     and accomplishments under this Act;
       (2) a comprehensive and detailed inventory of amounts 
     obligated or expended by the Corporation during the preceding 
     fiscal year;
       (3) an objective and quantifiable measurement of its 
     progress, on an objective-by-objective basis, in meeting the 
     objectives established by the board;
       (4) an explanation of the reason for any failure to achieve 
     an objective established by the board; and
       (5) such recommendations as the Corporation deems 
     appropriate.

     SEC. 4. MATCHING PUBLIC AND PRIVATE FUNDING.

       (a) Establishment of Travel Promotion Fund.--There is 
     hereby established in the Treasury a fund which shall be 
     known as the Travel Promotion Fund.
       (b) Funding.--
       (1) First year.--For fiscal year 2008, the Corporation may 
     borrow from the Treasury beginning on October 1, 2007, such 
     sums as may be necessary, but not to exceed $10,000,000, to 
     cover its initial expenses and activities under this Act. 
     Before October 1, 2012, the Corporation shall reimburse the 
     Treasury, without interest, for any such amounts borrowed 
     from the Treasury, using funds deposited in the Fund from 
     non-Federal sources. Amounts reimbursed to the Treasury shall 
     be treated as matching funds from non-Federal sources for 
     purposes of subsection (c) in the fiscal year in which such 
     reimbursements are made.
       (2) Subsequent years.--For each of fiscal years 2009 
     through 2012, from amounts deposited in the general fund of 
     the Treasury during the preceding fiscal year from fees under 
     section 5 of this Act, the Secretary of the Treasury shall 
     transfer not more than $100,000,000 to the Fund, which shall 
     be made available to the Corporation, subject to subsection 
     (c) of this section, to carry out its functions under this 
     Act. Transfers shall be made at least quarterly on the basis 
     of estimates by the Secretary, and proper adjustments shall 
     be made in amounts subsequently transferred to the extent 
     prior estimates were in excess or less than the amounts 
     required to be transferred.
       (c) Matching Requirement.--
       (1) In general.--No amounts may be made available to the 
     Corporation under this section after fiscal year 2008, except 
     to the extent that--
       (A) for fiscal year 2009, the Corporation provides matching 
     funds from non-Federal sources equal in the aggregate to 50 
     percent or more of the amount transferred to the Fund under 
     subsection (b); and
       (B) for any fiscal year after fiscal year 2009, the 
     Corporation provides matching funds from non-Federal sources 
     equal in the aggregate to 100 percent of the amount 
     transferred to the Fund under subsection (b) for the fiscal 
     year.
       (2) Goods and services.--For the purpose of determining the 
     amount of matching funds, other than money, available to the 
     Corporation--
       (A) the fair market value of goods and services (including 
     advertising) contributed to the Corporation for use under 
     this Act may be included in the determination; but
       (B) the fair market value of such goods and services may 
     not account for more than 80 percent of the matching 
     requirement for the Corporation in any fiscal year.
       (3) Right of refusal.--The Corporation may decline to 
     accept any contribution in kind that it determines to be 
     inappropriate, not useful, or commercially worthless.
       (4) Carryforward.--The amount of any matching funds 
     received by the Corporation in fiscal year 2009, 2010, or 
     2011 that cannot be used as matching funds in the fiscal year 
     in which received may be carried forward and treated as 
     having been received in the succeeding fiscal year for 
     purposes of meeting the matching requirement of paragraph (1) 
     in such succeeding fiscal year.

     SEC. 5. TRAVEL PROMOTION FUND FEES.

       If a fully automated electronic traveler authorization 
     system to collect basic biographical information in order to 
     determine, in advance of travel, the eligibility of an alien 
     to travel to the United States is implemented, the United 
     States Government may charge a fee to an applicant for the 
     use of the system. The amount of any such fee initially shall 
     be at least $10, plus such amounts as may be necessary to 
     cover the cost of operating such a system, but may be reduced 
     thereafter if that amount is not necessary to ensure that the 
     Corporation is fully funded.

     SEC. 6. ASSESSMENT AUTHORITY.

       (a) In General.--Except as otherwise provided in this 
     section, the Corporation may impose an annual assessment on 
     United States members of the international travel and tourism 
     industry (other than those described in section 2(b)(1)(D), 
     (H), or (I)) represented on the Board in proportion to their 
     share of the aggregate international travel and tourism 
     revenue of the industry.
       (b) Initial Assessment Limited.--The Corporation may 
     establish the initial assessment after the date of enactment 
     of the Travel and Tourism Promotion Act at no greater, in the 
     aggregate, than $20,000,000.
       (c) Referenda.--
       (1) In general.--The Corporation may not impose an annual 
     assessment unless--
       (A) the Corporation submits the proposed annual assessment 
     to members of the industry in a referendum; and
       (B) the assessment is approved by a majority of those 
     voting in the referendum.
       (3) Procedural requirements.--In conducting a referendum 
     under this subsection, the Corporation shall--

[[Page 16364]]

       (A) provide written or electronic notice not less than 60 
     days before the date of the referendum;
       (B) describe the proposed assessment or increase and 
     explain the reasons for the referendum in the notice; and
       (C) determine the results of the referendum on the basis of 
     weighted voting apportioned according to each business 
     entity's relative share of the aggregate annual United States 
     international travel and tourism revenue for the industry per 
     business entity, treating all related entities as a single 
     entity.
       (d) Collection.--
       (1) In general.--The Corporation shall establish a means of 
     collecting the assessment that it finds to be efficient and 
     effective. The Corporation may establish a late payment 
     charge and rate of interest to be imposed on any person who 
     fails to remit or pay to the Corporation any amount assessed 
     by the Corporation under this Act.
       (2) Enforcement.--The Corporation may bring suit in Federal 
     court to compel compliance with an assessment levied by the 
     Corporation under this Act.
       (e) Investment of Funds.--Pending disbursement pursuant to 
     a program, plan, or project, the Corporation may invest funds 
     collected through assessments, and any other funds received 
     by the Corporation, only in obligations of the United States 
     or any agency thereof, in general obligations of any State or 
     any political subdivision thereof, in any interest-bearing 
     account or certificate of deposit of a bank that is a member 
     of the Federal Reserve System, or in obligations fully 
     guaranteed as to principal and interest by the United States.

     SEC. 7. UNDER SECRETARY OF COMMERCE FOR TRAVEL PROMOTION.

       (a) In General.--Title II of the International Travel Act 
     of 1961 (22 U.S.C. 2121 et seq.) is amended by inserting 
     after section 201 the following:

     ``SEC. 202. OFFICE OF TRAVEL PROMOTION.

       ``(a) Office Established.--There is established within the 
     Department of Commerce an office to be known as the Office of 
     Travel Promotion.
       ``(b) Under Secretary for Travel Promotion.--
       ``(1) In general.--The head of the Office shall be the 
     Under Secretary of Commerce for Travel Promotion. The Under 
     Secretary shall be appointed by the President, by and with 
     the advice and consent of the Senate.
       ``(2) Qualifications.--The Under Secretary shall--
       ``(A) be a citizen of the United States; and
       ``(B) have experience in a field directly related to the 
     promotion of travel in the United States.
       ``(3) Limitation on investments.--The Under Secretary may 
     not own stock in, or have a direct or indirect beneficial 
     interest in, a corporation or other enterprise engaged in the 
     travel, transportation, or hospitality business or in a 
     corporation or other enterprise that owns or operates theme 
     park or other entertainment facility.
       ``(c) Function.--The Under Secretary shall--
       ``(1) serve as liaison to the Corporation for Travel 
     Promotion established by section 2 of the Travel Promotion 
     Act of 2007 and support and encourage the development of 
     programs to increase the number of international visitors to 
     the United States for business, leisure, educational, 
     medical, exchange, and other purposes;
       ``(2) work with the Corporation, the Secretary of State, 
     and the Secretary of Homeland Security--
       ``(A) to disseminate information more effectively to 
     potential international visitors about documentation and 
     procedures required for admission to the United States as a 
     visitor; and
       ``(B) to ensure that arriving international visitors are 
     processed efficiently and in a welcoming and respectful 
     manner;
       ``(3) support State, regional, and private sector 
     initiatives to promote travel to and within the United 
     States;
       ``(4) supervise the operations of the Office of Travel and 
     Tourism Industries; and
       ``(5) enhance the entry and departure experience for 
     international visitors.
       ``(d) Reports to Congress.--Within a year after the date of 
     enactment of the Travel Promotion Act of 2007, and 
     periodically thereafter as appropriate, the Under Secretary 
     shall transmit a report to the Senate Committee on Commerce, 
     Science, and Transportation and the House of Representatives 
     Committee on Energy and Commerce describing the Under 
     Secretary's work with the Corporation, the Secretary of 
     State, and the Secretary of Homeland Security to carry out 
     subsection (c)(2).''.
       (b) Conforming Amendments.--
       (1) Section 5313 of title 5, United States Code, is amended 
     by adding at the end the following:
       ``The Under Secretary of Commerce for Travel Promotion.''.
       (2) The International Travel Act of 1961 (22 U.S.C. 2121 et 
     seq.) is amended by striking ``Commerce (hereafter in this 
     Act referred to as the `Secretary')'' in section 201 (22 
     U.S.C. 2122) and inserting ``Commerce, acting through the 
     Under Secretary for Travel Promotion,''.

     SEC. 8. RESEARCH PROGRAM.

       Title II of the International Travel Act of 1961 (22 U.S.C. 
     2121 et seq.), as amended by section 6, is further amended by 
     inserting after section 202 the following:

     ``SEC. 203. RESEARCH PROGRAM.

       ``The Office of Travel and Tourism Industries shall expand 
     and continue its research and development activities in 
     connection with the promotion of international travel to the 
     United States, including--
       ``(1) expanding access to the official Mexican travel 
     surveys data to provide the States with traveler 
     characteristics and visitation estimates for targeted 
     marketing programs;
       ``(2) revising the Commerce Department's Survey of 
     International Travelers questionnaire and report formats to 
     accommodate a new survey instrument, expanding the respondent 
     base, improving response rates, and improving market 
     coverage;
       ``(3) developing estimates of international travel exports 
     (expenditures) on a State-by-State basis to enable each State 
     to compare its comparative position to national totals and 
     other States;
       ``(4) evaluate the success of the Corporation in achieving 
     its objectives and carrying out the purposes of the Travel 
     Promotion Act of 2007; and
       ``(5) research to support the annual report required by 
     section 202(d) of this Act.''.
       ``(b) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Secretary of Commerce 
     for fiscal years 2008 through 2012 such sums as may be 
     necessary to carry out this section.''.

     SEC. 9. DEFINITIONS.

       In this Act:
       (1) Board.--The term ``Board'' means the board of directors 
     of the Corporation.
       (2) Corporation.--The term ``Corporation'' means the 
     Corporation for Travel Promotion established by section 2.
       (3) Fund.--The term ``Fund'' means the Travel Promotion 
     Fund established by section 4.
       (4) Secretary.--Except as otherwise expressly provided, the 
     term ``Secretary'' means the Secretary of Commerce.

  Mr. INOUYE. Mr. President, the travel and tourism industry is a 
driving force for our Nation's economy. In 2006, the industry generated 
a $7.3 billion trade surplus. In 2006, international receipts for 
travel-related tourism spending reached $107.8 billion. Travel and 
tourism supported 8.3 million American jobs in 2006, of which 1.1 
million were supported by international travel and tourism. In Hawaii, 
tourism is the largest industry bringing in approximately $12 billion 
annually, $4 billion of which derives from international visitor 
spending.
  International tourism brings more than economic returns. 
International travelers who visit our country can advance our standing 
overseas. Studies have shown that, after visiting the United States and 
interacting with Americans, 74 percent of visitors have a more 
favorable opinion of our country.
  In recent years, overseas travel to the United States has suffered. 
In the wake of the September 11, 2001, terrorist attack, the United 
States made a number of necessary changes in the visa and entry 
processes to improve security, but some of those changes have confused 
and deterred visitors from even the friendliest countries. Many in the 
travel industry have continued to express concerns about the perception 
that the U.S. entry process is unnecessarily antagonistic.
  In order to strengthen our competitiveness and recover lost 
international market share, we must improve and better explain the 
process for travelers coming to America. The world needs to know that 
the United States welcomes business and leisure travelers.
  In addressing these concerns, and in recognizing the benefits of 
travel promotion, I am pleased to join my colleagues, Senator Dorgan 
and Vice Chairman Stevens, in introducing the Travel Promotion Act of 
2007. The bill establishes a nonprofit, independent corporation charged 
with reaching out to potential international travelers, clarifying the 
ease of travel to America, and encouraging them to visit. As experts 
have testified in hearings before the Commerce Committee, a unified 
effort to promote tourism to all areas of the United States is 
necessary and cannot be achieved by the industry alone.
  The proposed corporation will be run by 14 board members, appointed 
by the Secretary of Commerce, who represent all aspects of the travel 
industry, including State tourism boards, hotels, and airlines, as well 
as the Federal Government. A small fee collected from international 
travelers to the United States will help fund the corporation, but its 
costs will be truly

[[Page 16365]]

shared with industry. In order to receive the funds collected by the 
Government, the corporation will need to raise matching funds from the 
travel industry. By working together, the Federal and State governments 
and business will be able to revitalize the travel industry and make 
America a stronger and more welcoming destination.
  In most developed countries, the minister of tourism is one of the 
most powerful and important positions in the government. For too long, 
our Government has relegated travel and tourism to a second tier 
status. The bill seeks to improve that status by creating an Under 
Secretary of Commerce for Travel Promotion who would work with the 
State Department and the Department of Homeland Security, as well as 
the corporation, to improve travel promotion efforts and the entry 
process for international travelers.
  The travel and tourism industry helps drive the U.S. economy. The 
Travel Promotion Act of 2007 will enhance our competitiveness while 
improving our image abroad, and I urge my colleagues to support this 
measure.
                                 ______
                                 
      By Mr. KERRY (for himself and Ms. Snowe):
  S. 1662. A bill to amend the Small Business Investment Act of 1958 to 
reauthorize the venture capital program, and for other purposes; to the 
Committee on Small Business and Entrepreneurship.
  Mr. KERRY. Mr. President, today I am introducing legislation with my 
colleague, Senator Snowe, to increase access to venture capital for 
small businesses. This type of financing is essential to grow a 
company, but it's hard to come by, particularly for start-up firms. The 
Small Business Administration, SBA, has played an important role in 
filling this gap for almost 50 years with the Small Business Investment 
Company, SBIC, program.
  Since the SBIC program's inception in 1958, SBIC firms have invested 
$48 billion in more than 100,000 small businesses. For fiscal year 2006 
alone, 30 percent of all SBIC investment dollars went to companies that 
had been in business for two years or less. Overall in that year, SBIC 
financing supported more than 2,000 small businesses which employed a 
total of 286,000 Americans.
  Many extremely successful companies that received their start from 
SBIC financing are now household names: Intel, Federal Express, Jenny 
Craig, and Outback Steakhouse are all SBIC success stories. Companies 
receiving SBIC financing have also consistently appeared on a variety 
of prominent business lists, including Inc. 500, BusinessWeek's ``Hot 
Growth Companies'' and ``Hot Growth Hall of Fame,'' Fortune magazine's 
``Best Companies to Work For'' and ``Most Admired Companies,'' and the 
FSB 100. And they provide tens of thousands of jobs and contribute 
significantly to our Federal and local tax bases, paying back the 
investment many times over.
  Given the important contribution SBIC funds have made to our economy, 
our bill reauthorizes the SBIC program for another 3 years, through 
2010, ensuring the continued availability of this important small 
business financing tool. Additionally, the legislation simplifies the 
program's regulations to attract new investors and allow existing 
investors to increase their involvement. These provisions will ensure 
that dependable capital is available for small businesses for years to 
come.
  Entrepreneurs may start out small, but the contribution they make to 
our economy is huge--and particularly important in underserved 
communities. This legislation will also increase the leverage cap for 
small businesses owned by women and minorities as well as those located 
in low-income areas. It will simplify existing incentives for investing 
in the smallest businesses in order to give every entrepreneur a 
fighting chance. Finally, we have included a provision which ensures 
that SBICs licensed under the participating securities program will be 
able to easily make follow-up investments in successful companies.
  Small businesses are responsible for more than two-thirds of all new 
jobs in America. They employ more than half of the private sector work 
force, and pump over $900 billion into the economy annually. As small 
business owners are living the American dream, they should be able to 
count on the government to help create an environment where they can do 
what they do best: innovate, compete, and create good jobs for 
Americans.
  I thank Senator Snowe for joining me in introducing this bill, and I 
ask my colleagues to support it when it comes before the full Senate 
for consideration. Mr. President, I ask 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. 1662

       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 ``Small Business Venture 
     Capital Act of 2007''.

     SEC. 2. REAUTHORIZATION.

       Section 20 of the Small Business Act (15 U.S.C. 631 note) 
     is amended by inserting after subsection (e) the following:
       (1) the terms ``Administration'' and ``Administrator'' mean 
     the Small Business Administration and the Administrator 
     thereof, respectively;
       (2) the term ``low-income geographic area'' has the same 
     meaning as in section 351 of the Small Business Investment 
     Act of 1958 (15 U.S.C. 689), as amended by this Act;
       (3) the term ``New Markets Venture Capital company'' has 
     the same meaning as in section 351 of the Small Business 
     Investment Act of 1958 (15 U.S.C. 689); and
       (4) the term ``New Markets Venture Capital Program'' means 
     the program under part B of title III of the Small Business 
     Investment Act of 1958 (15 U.S.C. 689 et seq.).

     SEC. 3. DIVERSIFICATION OF NEW MARKETS VENTURE CAPITAL 
                   PROGRAM.

       (a) Selection of Companies in Each Geographic Region.--
     Section 354 of the Small Business Investment Act of 1958 (15 
     U.S.C. 689c) is amended by adding at the end the following:
       ``(f) Geographic Requirement.--In selecting companies to 
     participate as New Markets Venture Capital companies in the 
     program established under this part, the Administrator shall 
     select, to the extent practicable, from among companies 
     submitting applications under subsection (b), at least 1 
     company from each geographic region of the Administration.''.
       (b) Participation in New Markets Venture Capital Program.--
       (1) Administration participation required.--Section 353 of 
     the Small Business Investment Act of 1958 (15 U.S.C. 689b) is 
     amended in the matter preceding paragraph (1), by striking 
     ``under which the Administrator may'' and inserting ``under 
     which the Administrator shall''.
       (2) Small manufacturer participation agreements required.--
     Section 353 of the Small Business Investment Act of 1958 (15 
     U.S.C. 689b) is amended--
       (A) by striking ``In accordance with this part,'' and 
     inserting the following:
       ``(a) In General.--In accordance with this part,'';
       (B) in subsection (a)(1), as so designated by this 
     paragraph, by inserting after ``section 352'' the following: 
     ``(with at least 1 such agreement to be with a company 
     engaged primarily in development of and investment in small 
     manufacturers, to the extent practicable)''; and
       (C) by adding at the end the following:
       ``(b) Rule of Construction.--Subsection (a)(1) shall not be 
     construed to authorize the Administrator to decline to enter 
     into a participation agreement with a company solely on the 
     basis that the company is not engaged primarily in 
     development of and investment in small manufacturers.''.

     SEC. 4. ESTABLISHMENT OF OFFICE OF NEW MARKETS VENTURE 
                   CAPITAL.

       Title II of the Small Business Investment Act of 1958 (15 
     U.S.C. 671) is amended by adding at the end the following:

     ``SEC. 202. OFFICE OF NEW MARKETS VENTURE CAPITAL.

       ``(a) Establishment.--There is established in the 
     Investment Division of the Administration, the Office of New 
     Markets Venture Capital.
       ``(b) Director.--The Office of New Markets Venture Capital 
     shall be headed by a Director, who shall be a career 
     appointee in the Senior Executive Service, as those terms are 
     defined in section 3132 of title 5, United States Code.
       ``(c) Responsibilities of Director.--The responsibilities 
     of the Director of the Office of New Markets Venture Capital 
     include--
       ``(1) to administer the New Markets Venture Capital Program 
     under part B of title III;
       ``(2) to assess, not less frequently than once every 2 
     years, the nature and scope of the New Markets Venture 
     Capital Program and to advise the Administrator on 
     recommended changes to the program, based on such assessment;
       ``(3) to work to expand the number of small business 
     concerns participating in the New Markets Venture Capital 
     Program; and

[[Page 16366]]

       ``(4) to encourage investment in small manufacturing.''.

     SEC. 5. LOW-INCOME GEOGRAPHIC AREAS.

       (a) In General.--Section 351 of the Small Business 
     Investment Act of 1958 (15 U.S.C. 689) is amended--
       (1) by striking paragraphs (2) and (3) and inserting the 
     following:
       ``(2) Low-income geographic area.--The term `low-income 
     geographic area' has the meaning given the term `low-income 
     community' in section 45D of the Internal Revenue Code of 
     1986 (relating to the new markets tax credit).''; and
       (2) by redesignating paragraphs (4) through (8) as 
     paragraphs (3) through (7), respectively.
       (b) Application of Amended Definition to Capital 
     Requirement.--The definition of a low-income geographic area 
     in section 351(2) of the Small Business Investment Act of 
     1958, as amended by subsection (a), shall apply to private 
     capital raised under section 354(d)(1) of the Small Business 
     Investment Act of 1958 (15 U.S.C. 689c(d)(1)) before, on, or 
     after the date of enactment of this Act.

     SEC. 6. LIMITATION ON TIME FOR FINAL APPROVAL OF COMPANIES.

       Section 354(d) of the Small Business Investment Act of 1958 
     (15 U.S.C. 689c(d)) is amended by striking ``a period of 
     time, not to exceed 2 years,'' and inserting ``2 years''.

     SEC. 7. APPLICATIONS FOR NEW MARKETS VENTURE CAPITAL PROGRAM.

       Not later than 60 days after the date of enactment of this 
     Act, the Administrator shall prescribe standard documents for 
     an application for final approval by a New Markets Venture 
     Capital company under section 354(e) of the Small Business 
     Investment Act of 1958 (15 U.S.C. 689c(e)). The Administrator 
     shall ensure that such documents are designed to 
     substantially reduce the cost burden of the application 
     process on a company making such an application.

     SEC. 8. OPERATIONAL ASSISTANCE GRANTS.

       Section 358(a)(4)(A) of the Small Business Investment Act 
     of 1958 (15 U.S.C. 689g(a)(4)(A)) is amended to read as 
     follows:
       ``(A) New markets venture capital companies.--
     Notwithstanding section 354(d)(2), the amount of a grant made 
     under this subsection to a New Markets Venture Capital 
     company shall be equal to the lesser of--
       ``(i) 10 percent of the private capital raised by the 
     company; or
       ``(ii) $1,000,000.''.

     SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

       Section 368(a) of the Small Business Investment Act of 1958 
     (15 U.S.C. 689q(a)) is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``fiscal years 2001 through 2006'' and inserting ``fiscal 
     years 2007 through 2010''; and
       (2) in paragraph (2), by striking ``$30,000,000'' and 
     inserting ``$20,000,000''.

  Ms. SNOWE. Mr. President, as Ranking Member of the Senate Committee 
on Small Business and Entrepreneurship, I rise today to join with 
Chairman Kerry in introducing the ``Small Business Venture Capital Act 
of 2007,'' a bill to reauthorize and improve the Small Business 
Administration's (SBA) Small Business Investment Company (SBIC) 
Program. I am deeply committed to supporting our nation's small 
businesses by increasing their access to capital. Small businesses 
employ more than half (57 percent) of the total private-sector 
workforce and are responsible for the creation of more than two-thirds 
of all new jobs. Clearly, increasing investments in small businesses is 
crucial to our on-going economic success.
  This bill, a product of genuine bipartisan negotiation, will reform 
and enhance the SBIC program, which is so vital to fostering 
innovation, growth, and job creation in small businesses throughout our 
country. SBICs are privately owned and managed venture capital 
investment companies that are licensed and regulated by the SBA. SBICs 
use their own capital, combined with funds borrowed from other private 
investors and supported by an SBA guarantee, to make equity and debt 
investments in qualifying small businesses. The SBA shares in the 
profits of SBICs. The structure of the program is unique and has been a 
model for similar public-private partnerships around the world.
  The program has been successful in mobilizing private venture capital 
investment and leveraging private investment with additional funds 
supported by SBA guarantees. According to the SBA's annual reports to 
Congress, the SBIC program has provided billions in financing to small 
businesses since its inception. For example, companies like Staples, 
FedEx, Outback Steakhouse, America Online, Costco, Apple Computers, and 
Intel have all received SBIC investments at one time in their history.
  Each year, financing brought about by the SBIC program allows small 
businesses to create or retain tens of thousands of jobs. For example, 
during Fiscal Year 2006, the SBIC program invested $2.987 billion in 
2,121 small businesses. Of these, 40 percent were located in 
government-designated Low and Moderate Income (LMI) areas of the 
county. Those LMI-district companies received $669 million of the total 
dollars invested by SBICs in 2006. Since its beginning in 1958, the 
SBIC program has provided approximately $48 billion of long-term debt 
and equity capital to more than 100,000 small businesses. In fact, in 
my home State of Maine, SBICs invested nearly $21 million during FY 
2006.
  A key proposal in this bill is a technical change made to simplify 
the maximum leverage limits contained in the current statute. Under 
current law, the maximum leverage cap or the maximum amount of 
government-guaranteed capital an SBIC can control for Fiscal Year 2007, 
is $127.2 million for any one SBIC or for multiple SBICs controlled by 
the same management team. The cap increases automatically on an annual 
basis by the percentage increase in the Consumer Price Index (CPI). The 
problem with current law is that because the leverage cap applies to a 
whole family of SBICs, it is often impossible for a successful SBIC to 
operate a second or third fund due to a lack of available leverage. 
Additional leverage would remedy this issue. Accordingly, the bill 
increases the leverage cap for anyone fund to $150 million, and the cap 
for multiple funds held under one management team to $225 million.
  Furthermore, this bill will increase leverage available for 
investment in minority- and women-owned businesses, which are having 
trouble accessing SBIC dollars. In Fiscal Year 2004, minority-owned 
firms received 5.2 percent of financing dollars. Women-owned businesses 
obtained just 2.2 percent of financing dollars. To try to increase 
financing available to such small businesses, the bill increases 
leverage limits to $175 million for a single fund and $250 million for 
a group of funds held under an SBIC license if the SBIC certifies that 
at least 50 percent of its investments are made in companies that are 
owned by either women or minorities, or are located in a low-income 
geographic area.
  Mr. President, I urge my colleagues to support this bill. Too much is 
at stake for small businesses, and the economy as a whole, to allow 
this critical legislation to languish. Failing to advance this bill 
would diminish our chances for innovation, and stifle the 
entrepreneurial opportunities this program has and will continue to 
produce.
                                 ______
                                 
      By Mr. KERRY (for himself and Ms. Snowe):
  S. 1663. A bill to amend the Small Business Investment Act of 1958 to 
reauthorize the New Markets Venture Capital Program, and for other 
purposes; to the Committee on Small Business and Entrepreneurship.
  Mr. KERRY. Mr. President, in addition to introducing a bill to 
reauthorize the Small Business Investment Company, SBIC, program, 
Senator Snowe and I are introducing a bill to extend the New Markets 
Venture Capital, NMVC, program. The Securing Equity for the Economic 
Development of Low Income Areas Act of 2007, or the SEED Act, is 
important to states like Massachusetts and Maine.
  Both of our States are home to pioneers in the field of development 
venture capital, which uses the discipline of traditional venture 
investing to focus on economic development in low-income areas. We know 
the benefits of this type of investment and believe the model should be 
expanded to other parts of the country.
  Our support is not new. In my case, I was the sponsor of the 
Community Development and Venture Capital Act of 1999, which created 
the New Markets Venture Capital program. Its purpose was to stimulate 
economic development through public-private partnerships that invest 
venture capital in smaller businesses located in impoverished rural and 
urban areas or that employ low-income people.

[[Page 16367]]

  Both innovative and fiscally sound, this program was built on two of 
the Small Business Administration's most popular programs. It developed 
a financial structure similar to that of the successful Small Business 
Investment Company, SBIC, program, mentioned earlier, while also 
incorporating a technical assistance component similar to that of SBA's 
microloan program.
  However, unlike the SBIC program, which focuses on small businesses 
with high-growth potential, the New Markets Venture Capital program 
focuses on small businesses that show promise of both financial and 
social returns--what is referred to as a ``double bottom line.'' These 
businesses have special needs, and they tend to want intensive, ongoing 
financial, management and marketing assistance, be higher risk, and 
need longer periods to pay back money than SBIC investments. However, 
they more than balance out the equation by providing good, stable jobs 
and creating wealth in our neediest communities.
  Unfortunately, the program expired in 2006, and it has been operating 
under temporary authority since then. The SEED Act seeks to 
reauthorize, expand, and improve this important program.
  First, the bill will reauthorize the program for the next 3 years 
until 2010, making it possible for the SBA to license up to 20 more New 
Markets Venture Capital funds. Those funds will have the potential to 
invest $250 million in small businesses in low-income areas, by 
leveraging $150 million in debentures. Building on experiences with 
this program and the Rural Business Investment Company Program, which 
proved the matching requirement unreasonable and inefficient, the bill 
changes the operational assistance grants so that firms can get up to 
$1 million in funding in order to provide the companies they invest in 
with management assistance services. This support is absolutely 
necessary to make their business a success. Also important to making 
future funds successful, we have clarified that new markets venture 
capital companies have two years to raise their private capital. The 
committee has been troubled by the Agency's interpretation of the NMVC 
statute, which they viewed as giving SBA the authority to choose how 
much time it can give conditionally approved NMVCs to raise private-
sector matching money. The chosen time frames were unreasonable and not 
what Congress intended. This bill clarifies that they get the full 2 
years to raise the money. The bill also establishes an office of new 
markets venture capital so that there are resources devoted to its 
management and oversight, something lacking in past years. And to try 
to expand the reach of development capital in other parts of the 
country, the bill requires the SBA, to the extent practicable, to try 
and license funds in each of the Agency's ten regions, so that there is 
diversity. And it requires the SBA, to the extent practicable, to try 
and license a fund that focuses on investments in small manufacturers, 
as a way to help stem the loss of manufacturing in this country.
  On behalf of the Nation's small businesses and entrepreneurs, I urge 
my colleagues to support this important legislation. Mr. President, I 
ask that 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. 1663

       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 ``Securing Equity for the 
     Economic Development of Low Income Areas Act of 2007'' or the 
     ``SEED Act''.

     SEC. 2. DEFINITIONS.

       In this Act--
       (1) the terms ``Administration'' and ``Administrator'' mean 
     the Small Business Administration and the Administrator 
     thereof, respectively;
       (2) the term ``low-income geographic area'' has the same 
     meaning as in section 351 of the Small Business Investment 
     Act of 1958 (15 U.S.C. 689), as amended by this Act;
       (3) the term ``New Markets Venture Capital company'' has 
     the same meaning as in section 351 of the Small Business 
     Investment Act of 1958 (15 U.S.C. 689); and
       (4) the term ``New Markets Venture Capital Program'' means 
     the program under part B of title III of the Small Business 
     Investment Act of 1958 (15 U.S.C. 689 et seq.).

     SEC. 3. DIVERSIFICATION OF NEW MARKETS VENTURE CAPITAL 
                   PROGRAM.

       (a) Selection of Companies in Each Geographic Region.--
     Section 354 of the Small Business Investment Act of 1958 (15 
     U.S.C. 689c) is amended by adding at the end the following:
       ``(f) Geographic Requirement.--In selecting companies to 
     participate as New Markets Venture Capital companies in the 
     program established under this part, the Administrator shall 
     select, to the extent practicable, from among companies 
     submitting applications under subsection (b), at least 1 
     company from each geographic region of the Administration.''.
       (b) Participation in New Markets Venture Capital Program.--
       (1) Administration participation required.--Section 353 of 
     the Small Business Investment Act of 1958 (15 U.S.C. 689b) is 
     amended in the matter preceding paragraph (1), by striking 
     ``under which the Administrator may'' and inserting ``under 
     which the Administrator shall''.
       (2) Small manufacturer participation agreements required.--
     Section 353 of the Small Business Investment Act of 1958 (15 
     U.S.C. 689b) is amended--
       (A) by striking ``In accordance with this part,'' and 
     inserting the following:
       ``(a) In General.--In accordance with this part,'';
       (B) in subsection (a)(1), as so designated by this 
     paragraph, by inserting after ``section 352'' the following: 
     ``(with at least 1 such agreement to be with a company 
     engaged primarily in development of and investment in small 
     manufacturers, to the extent practicable)''; and
       (C) by adding at the end the following:
       ``(b) Rule of Construction.--Subsection (a)(1) shall not be 
     construed to authorize the Administrator to decline to enter 
     into a participation agreement with a company solely on the 
     basis that the company is not engaged primarily in 
     development of and investment in small manufacturers.''.

     SEC. 4. ESTABLISHMENT OF OFFICE OF NEW MARKETS VENTURE 
                   CAPITAL.

       Title II of the Small Business Investment Act of 1958 (15 
     U.S.C. 671) is amended by adding at the end the following:

     ``SEC. 202. OFFICE OF NEW MARKETS VENTURE CAPITAL.

       ``(a) Establishment.--There is established in the 
     Investment Division of the Administration, the Office of New 
     Markets Venture Capital.
       ``(b) Director.--The Office of New Markets Venture Capital 
     shall be headed by a Director, who shall be a career 
     appointee in the Senior Executive Service, as those terms are 
     defined in section 3132 of title 5, United States Code.
       ``(c) Responsibilities of Director.--The responsibilities 
     of the Director of the Office of New Markets Venture Capital 
     include--
       ``(1) to administer the New Markets Venture Capital Program 
     under part B of title III;
       ``(2) to assess, not less frequently than once every 2 
     years, the nature and scope of the New Markets Venture 
     Capital Program and to advise the Administrator on 
     recommended changes to the program, based on such assessment;
       ``(3) to work to expand the number of small business 
     concerns participating in the New Markets Venture Capital 
     Program; and
       ``(4) to encourage investment in small manufacturing.''.

     SEC. 5. LOW-INCOME GEOGRAPHIC AREAS.

       (a) In General.--Section 351 of the Small Business 
     Investment Act of 1958 (15 U.S.C. 689) is amended--
       (1) by striking paragraphs (2) and (3) and inserting the 
     following:
       ``(2) Low-income geographic area.--The term `low-income 
     geographic area' has the meaning given the term `low-income 
     community' in section 45D of the Internal Revenue Code of 
     1986 (relating to the new markets tax credit).''; and
       (2) by redesignating paragraphs (4) through (8) as 
     paragraphs (3) through (7), respectively.
       (b) Application of Amended Definition to Capital 
     Requirement.--The definition of a low-income geographic area 
     in section 351(2) of the Small Business Investment Act of 
     1958, as amended by subsection (a), shall apply to private 
     capital raised under section 354(d)(1) of the Small Business 
     Investment Act of 1958 (15 U.S.C. 689c(d)(1)) before, on, or 
     after the date of enactment of this Act.

     SEC. 6. LIMITATION ON TIME FOR FINAL APPROVAL OF COMPANIES.

       Section 354(d) of the Small Business Investment Act of 1958 
     (15 U.S.C. 689c(d)) is amended by striking ``a period of 
     time, not to exceed 2 years,'' and inserting ``2 years''.

     SEC. 7. APPLICATIONS FOR NEW MARKETS VENTURE CAPITAL PROGRAM.

       Not later than 60 days after the date of enactment of this 
     Act, the Administrator shall prescribe standard documents for 
     an application for final approval by a New Markets Venture 
     Capital company under section 354(e) of the Small Business 
     Investment Act of 1958 (15 U.S.C. 689c(e)). The Administrator

[[Page 16368]]

     shall ensure that such documents are designed to 
     substantially reduce the cost burden of the application 
     process on a company making such an application.

     SEC. 8. OPERATIONAL ASSISTANCE GRANTS.

       Section 358(a)(4)(A) of the Small Business Investment Act 
     of 1958 (15 U.S.C. 689g(a)(4)(A)) is amended to read as 
     follows:
       ``(A) New markets venture capital companies.--
     Notwithstanding section 354(d)(2), the amount of a grant made 
     under this subsection to a New Markets Venture Capital 
     company shall be equal to the lesser of--
       ``(i) 10 percent of the private capital raised by the 
     company; or
       ``(ii) $1,000,000.''.

     SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

       Section 368(a) of the Small Business Investment Act of 1958 
     (15 U.S.C. 689q(a)) is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``fiscal years 2001 through 2006'' and inserting ``fiscal 
     years 2007 through 2010''; and
       (2) in paragraph (2), by striking ``$30,000,000'' and 
     inserting ``$20,000,000''.

  Ms. SNOWE. Mr. President, as ranking member of the Senate Committee 
on Small Business and Entrepreneurship, I rise today to join with 
Chairman Kerry in introducing the Securing Equity for the Economic 
Development of Low Income Areas Act of 2007, a bill to reauthorize the 
New Markets Venture Capital, NMVC, Program. The NMVC program 
specializes in providing investment dollars to small businesses in 
underserved, low-wealth urban and rural communities.
  Selected by the SBA through a competitive process, NMVC companies are 
privately owned and managed for-profit entities. They use their own 
private capital plus debentures obtained at favorable rates with SBA 
guarantees for investing. In addition, they provide technical 
assistance to the low-income enterprises in which they invest or intend 
to invest, by using private resources matched by the SBA in the form of 
operational assistance grants. While the Consolidated Appropriations 
Act of 2001, which established the program, contemplated 15 NMVC 
companies, unfortunately, only six NMVC companies have received final 
approval.
  Despite the shortfall in the final numbers of approved companies, the 
NMVC program has achieved some remarkable success since Congress 
created it in 2000. According to the Community Development Venture 
Capital Alliance, as of March 31, 2006, the six NMVC companies had 
invested more than $13.4 million of capital into 29 small businesses. 
Not only have the NMVC Companies brought investment dollars to 
underinvested areas, but they have also created or maintained 1,626 
jobs in low-income communities.
  Although the statistics I have just cited pertain to the entire 
Nation, I want to share an example of how the NMVC program has been a 
tremendous benefit to my home State of Maine. In 2003, Mike Cote 
purchased Look's Canning Company in Whiting, ME, which had become one 
of the last of what had been dozens of canneries along Maine's coast. 
After changing the canning company's name to Look's Gourmet Food 
Company, Mike worked with Wiscasset, Maine, based Coastal Enterprises, 
Inc., a New Markets Venture Capital Company, to help grow the business. 
Look's Gourmet Food Company is now thriving by selling all-natural, 
high-quality, shelf-stable seafood products under the ``Bar Harbor T'' 
and ``Atlantic T'' brands all over the country. As Look's took off, it 
was able to create 18 new jobs with benefits in Maine's Washington 
County. That's no small feat for a company doing business in a county 
that had a 9.1 percent unemployment rate in February, the highest in 
Maine and more than double the national average. The bill introduced 
today will go a long way to assisting many low-income communities 
across America.
  Other than reauthorizing the NMVC Program, this bill will make other 
changes to ensure the program is given the full opportunity to achieve 
its full potential. For example, the bill will conform the definition 
of ``low-income geographic area'' used in the NMVC program to the 
definition of a ``low-income community'' as defined by the New Markets 
Tax Credit, NMTC, program. This amendment is beneficial because many 
investors participate in both the NMVC and NMTC programs, and a uniform 
definition between the two programs would improve coordination between 
the two programs. This change would allow NMVC companies to invest in 
businesses that benefit a low-income population, as well as businesses 
located in low-income census tracts. This flexibility to serve low 
income ``targeted populations'' would be particularly important for 
NMVC companies operating in states like Maine which have large rural 
areas with dispersed populations. Additionally, the bill ensures that 
all existing NMVC companies can take advantage of the amended targeting 
for investments made with the capital they have already raised.
  The entrepreneurial spirit of our 26 million small businesses dates 
back to our Nation's founding. Small businesses are the cornerstone of 
economic growth and job creation, and it is critical that we support 
the NMVC program that enables aspiring entrepreneurs to obtain the 
crucial financing dollars they need to start and grow their businesses. 
As ranking member of the Senate Committee on Small Business and 
Entrepreneurship, I have long fought to ensure the success and vitality 
of our country's small business sector. An investment in small business 
is an investment in the long-term economic prosperity of America, and I 
encourage my colleagues to support this vital legislation.

                          ____________________