[Congressional Record (Bound Edition), Volume 153 (2007), Part 19]
[Senate]
[Pages 26776-26791]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. JOHNSON (for himself, Ms. Murkowski, Mr. Brown, Mr. 
        Durbin, Ms. Landrieu, and Mrs. Murray):
  S. 2141. A bill to amend the Public Health Service Act to reauthorize 
and extend the Fetal Alcohol Syndrome prevention and services program, 
and for other purposes; to the Committee on Health, Education, Labor, 
and Pensions.
  Mr. JOHNSON. Mr. President, today I join Senators Brown, Durbin, 
Landrieu, Murkowski and Murray in introducing the Advancing FASD 
Research, Prevention, and Services Act. I thank them for joining me in 
this important effort to improve the surveillance, identification, and 
prevention of Fetal Alcohol Syndrome Disorders, or FASD.
  During the course of my career, I have admired people who struggle 
with the affects of a Fetal Alcohol Spectrum Disorder and watched with 
deep respect as their families struggle to help them succeed. Through 
no fault of their own, these FASD-affected individuals face a lifetime 
of cognitive, physical, and emotional challenges, including severe 
learning disabilities, physical abnormalities, costly medical bills, 
and behavioral impairments. However, we have an opportunity to help 
people

[[Page 26777]]

with an FASD overcome many of these challenges with appropriate health, 
education, judicial, and housing services. As with other disabilities, 
by investing a small amount of money, we can ensure that FASD-affected 
individuals have the resources they need to succeed in school, work and 
life.
  Fetal Alcohol Spectrum Disorders are estimated to affect 1 in 100 
live births, or more than 40,000 infants, each year. Researchers 
estimate that one percent of our population lives with an FASD, which 
is more than 3 million Americans. In my home State of South Dakota, 
approximately 7,819 individuals are suspected of having an FASD.
  The costs of this completely preventable condition to our country are 
staggering. According to the University of South Dakota Sanford School 
of Medicine's Center for Disabilities, the lifetime cost for an 
individual with Fetal Alcohol Syndrome, the most severe of disorders in 
this spectrum, is over $2 million. The annual cost of FASD to South 
Dakota, including medical treatment, special education services, and 
home and residential care, is estimated to be $18 million. Nationally, 
the cost for these services will approach $6 billion this year alone, 
but neither of these estimates include the economic costs of lost 
productivity.
  While there is no known cure, FASD is entirely preventable, and this 
bill seeks a balance between directing federal resources to prevention 
activities and to services for individuals living with FASD and their 
families. This bill focuses provision of services in areas where FASD 
affected individuals are already receiving help. In South Dakota, more 
than 60 percent of people diagnosed with an FASD lived within a foster 
care home for some part of their lives. With that in mind, our bill 
works to train foster care workers and foster parents on how to best 
communicate with and serve children living with FASD.
  Furthermore, it is estimated that 60 percent of individuals with FASD 
will spend some time in a correctional institution or mental health 
facility during their lives. Most individuals with FASD will commit 
their first crime between the ages of 9 and 14. To that end, our bill 
will provide health care and judicial system workers with the resources 
they need to work with and understand FASD-affected individuals when 
they encounter them in health care settings or the court system.
  All of these unfortunate statistics compel me to join with my 
colleagues to offer a comprehensive approaching to preventing FASD, 
advancing research to learn more about FASD, and increasing provision 
of services to those living with FASD and their families. While we have 
increased awareness about the dangers of consuming alcohol during 
pregnancy, we clearly have much more work to do as we strive to reach 
the goal of eliminating the negative effects of prenatal alcohol 
exposure.
  In my home State of South Dakota, we have had great successes in 
working on this issue. With the leadership of the health professionals 
at our esteemed universities, parents, and teachers, among countless 
others, we have made some important progress in addressing FASD. This 
legislation will bolster the efforts of these dedicated South Dakotans 
and many others across the country who are working hard to prevent FASD 
and support the children and families living with its consequences.
  This bill will provide much needed support in the areas of research 
and prevention. This legislation requires the National Institutes of 
Health to develop a research agenda focusing on the most promising 
avenues research in diagnosis, intervention, and prevention, as well as 
factors that may mitigate the effects of fetal alcohol exposure.
  This bill will also make available grants to federally qualified 
health centers to implement and evaluate programs to increase awareness 
and identification of FASD in those settings.
  Participating health centers will be able to provide training to 
health care providers on identifying and educating women who are at 
risk for alcohol consumption during pregnancy and on screening children 
for FASD.
  Another provision in this bill will create public awareness and 
education campaigns in at-risk areas in order to further the prevention 
of this disease. This bill will authorize the development and broadcast 
of national public service announcements to raise public awareness of 
the risks associated with alcohol consumption during pregnancy.
  Recognizing that the consequences of FASD are not just health-
related, the bill promotes prevention, intervention and services within 
the education and judicial systems. This legislation provides teachers 
with resources to educate and support children with FASD. The bill 
seeks to involve everyone who might encounter an FASD-affected person 
in the judicial system, including judges, attorneys, probation 
officers, law enforcement officers, and many others, and works to train 
them in communicating with and supporting individuals with FASD.
  Again, I am so pleased to be introducing this bill with my colleagues 
and encourage all of our colleagues to consider supporting this bill. I 
would also like to take a moment to thank Senator Daschle for his 
leadership on FASD. His commitment to combating this illness is still 
present in South Dakota and in the lives of those who battle FASD every 
day.
                                 ______
                                 
      By Mr. KOHL (for himself, Mr. Feingold, Mr. Tester, Mr. Sanders, 
        Mr. Kerry, Mr. Durbin, Mr. Obama, Mr. Bingaman, and Mr. 
        Domenici):
  S. 2143. A bill to amend the Elementary and Secondary Education Act 
to establish a program to improve the health and education of children 
through grants to expand school breakfast programs, and for other 
purposes; to the Committee on Agriculture, Nutrition, and Forestry.
  Mr. FEINGOLD. Mr. President, today I join Senator Kohl in introducing 
the Student Breakfast and Education Improvement Act as part of my 
continued efforts to improve our nation's schools. I am pleased to be 
working with the senior Senator from Wisconsin, who has been a longtime 
leader in this area. As far back as 1999, he has sponsored legislation 
to support breakfast programs, and he has continued his support through 
his work on the Agriculture Appropriations Committee since then.
  One often overlooked part of student classroom performance is 
nutrition and hunger, which can have a tremendous impact on students. I 
know many of my colleagues share my support for school programs that 
help alleviate hunger for the most in-need students, such as the Free 
and Reduced Price Lunch Program, as well as those programs that provide 
healthier food, such as the Fresh Fruit and Vegetable Snack and Farm-
to-Cafeteria programs.
  I am sure that I am not the only member of this body who grew up 
hearing that breakfast is the most important meal of the day. When I 
talk to my colleagues and constituents about our proposal and the 
importance of breakfast and learning, it is not a hard sell. People 
understand immediately why this issue matters.
  Unfortunately, too many children go hungry and too many parents have 
to choose between giving their children lunch or breakfast, even if 
they get the help of reduced price meals.
  The Student Breakfast and Education Improvement Act would provide 
grants for schools wishing to begin or expand universal school 
breakfast programs. Studies show that kids who eat breakfast perform 
better in school and on tests, and they tend to be less disruptive to 
the class, and I have heard many stories from teachers, school nurses, 
and other school officials over the years to confirm this. In fact, 
last year in my home State of Wisconsin, with the support of Senator 
Kohl, the Milwaukee Public Schools worked with the Hunger Task Force to 
implement universal school breakfast programs in more than 60 schools. 
This program, which has expanded in its second year, has proven popular 
with students, teachers, and parents.
  We are set to debate the reauthorization of the No Child Left Behind 
Act, NCLB, later this year. NCLB was the

[[Page 26778]]

2002 reauthorization of the Elementary and Secondary Education Act, 
ESEA, of 1965. NCLB set the important goal of closing the achievement 
gap that exists in our nation's schools. I disagree with some of the 
methods that NCLB employs, including relying primarily on high-stakes 
standardized tests to measure students and schools, but I strongly 
agree that the achievement gap needs to be closed. The latest scores 
from the National Assessment on Educational Progress NAEP were released 
last week and the scores show we have a very long way to go before we 
close that achievement gap in many States, including in my State of 
Wisconsin.
  There are a variety of education reforms that need to be pursued at 
the federal, state, and local level in order to close the achievement 
gap. One step Congress can take is to support programs to 
comprehensively address the needs of children, including their 
nutrition, health, and social needs. Our Student Breakfast and 
Education Improvement Act is legislation that is designed to help 
address some of those needs. Too many students in some of our nation's 
most disadvantaged schools walk into school in the morning hungry, or 
eat junk food for their breakfast. By working to provide these students 
with access to a nutritious breakfast, we are telling these students 
that we value them and that we want to help them achieve all that they 
can in school. Much more needs to be done to address other needs of our 
students, but this bill is a step in the right direction.
  Our legislation would target the schools most in need, those with 65 
percent more of students eligible for the free and reduced price lunch 
program, with the funds necessary to implement a universal free 
breakfast program. The grants, which could be used in a number of ways, 
aim to help schools overcome the numerous barriers to creating a 
universal school breakfast program. In fiscal year 2006, 10 million 
more students participated in free and reduced price lunch than 
breakfast. This disparity is troubling to me and many others.
  Our bill would work with existing meal programs, not replace them. 
Provision 2 of Section 11(a)(l) of the National School Lunch Act allows 
schools to establish their free and reduced meal rates for a 4 year 
period if they serve all meals at no charge. The combination of not 
having to collect free and reduced price information from students 
annually, and not having to collect daily meal money from students, 
results in significant administrative savings. While schools 
participating under Provision 2 must cover the lost revenue from the 
reduced and full price meal costs, for the high-needs schools such as 
those targeted by this program, the typically higher participation rate 
also means the school can benefit from some economies of scale and 
receive a better price for the food. The grants this bill would provide 
would help schools make the initial investments needed to establish a 
universal breakfast program and make up for the lost revenue.
  Some universal breakfast programs, like the one I mentioned in 
Milwaukee, have demonstrated that universal free breakfast programs 
create an economy of scale that actually makes the cost per student 
lower. The Milwaukee program served breakfast in the classroom, which, 
according to teachers and others involved, further improved the economy 
of the program, as well as the positive impact of breakfast on 
students' attention.
  While our bill has some preferences, including a target for the 
poorest schools, it is important to note that it has tremendous 
flexibility for the states and school districts. Schools will be able 
to tailor their universal breakfast programs to the needs of their own 
students. It also gives schools the option of purchasing locally grown 
foods and linking with local farmers, which provide excellent 
opportunities for nutrition lessons and can even be incorporated into 
other subjects such as science and math.
  This bill is just a start; much more should be done to increase 
participation in breakfast programs and provide schools with the 
ability and resources to design programs that address the needs of 
their students and communities. Our bill does not intend to replace 
broader efforts, but rather to provide some immediate assistance for 
the schools most in need. Furthermore, by including a reporting 
requirement and encouraging researchers to study the effectiveness of 
the funded programs in improving student learning, this legislation 
would provide useful evidence about the need for broader investment and 
how to ensure those resources are best spent.
  I would like to thank Senators Tester, Sanders, Kerry, Durbin, Obama, 
Bingaman, and Domenici for their support for this legislation. The 
Student Breakfast and Education Improvement Act is also supported by 
the Hunger Task Force, Community Food Security Coalition, the School 
Social Work Association of America and the Wisconsin School Social 
Workers Association. I look forward to working with my colleagues to 
provide breakfast to more in-need students.
                                 ______
                                 
      By Mr. COLEMAN (for himself, Mr. Salazar, Ms. Murkowski, Ms. 
        Landrieu, Mr. Thune, Mr. Johnson, Mr. Warner, Mr. Lieberman, 
        Mr. Martinez, and Mr. Bunning):
  S. 2144. A bill to require the Secretary of Energy to conduct a study 
of feasibility relating to the construction and operation of pipelines 
and carbon dioxide sequestration facilities, and for other purposes; to 
the Committee on Energy and Natural Resources.
  Mr. COLEMAN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2144

       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 ``Carbon Dioxide Pipeline 
     Study Act of 2007''.

     SEC. 2. STUDY OF FEASIBILITY RELATING TO CONSTRUCTION AND 
                   OPERATION OF PIPELINES AND CARBON DIOXIDE 
                   SEQUESTRATION FACILITIES.

       (a) In General.--The Secretary of Energy (referred to in 
     this section as the ``Secretary''), in coordination with the 
     Federal Energy Regulatory Commission, the Secretary of 
     Transportation, the Administrator of the Environmental 
     Protection Agency, and the Secretary of the Interior, shall 
     conduct a study to assess the feasibility of the construction 
     and operation of--
       (1) pipelines to be used for the transportation of carbon 
     dioxide for the purpose of sequestration or enhanced oil 
     recovery; and
       (2) carbon dioxide sequestration facilities.
       (b) Scope.--In conducting the study under subsection (a), 
     the Secretary shall consider--
       (1) any barrier or potential barrier in existence as of the 
     date of enactment of this Act, including any technical, 
     siting, financing, or regulatory barrier, relating to the 
     construction and operation of--
       (A) pipelines to be used for the transportation of carbon 
     dioxide for the purpose of sequestration or enhanced oil 
     recovery; or
       (B) carbon dioxide sequestration facilities;
       (2) any market risk (including throughput risk) relating to 
     the construction and operation of--
       (A) pipelines to be used for the transportation of carbon 
     dioxide for the purpose of sequestration or enhanced oil 
     recovery; or
       (B) carbon dioxide sequestration facilities;
       (3) any regulatory, financing, or siting option that, as 
     determined by the Secretary, would--
       (A) mitigate any market risk described in paragraph (2); or
       (B) help ensure the construction of pipelines dedicated to 
     the transportation of carbon dioxide for the purpose of 
     sequestration or enhanced oil recovery;
       (4) the means by which to ensure the safe handling, 
     transportation, and sequestration of carbon dioxide;
       (5) any preventive measure to ensure the integrity of 
     pipelines to be used for the transportation of carbon dioxide 
     for the purpose of sequestration or enhanced oil recovery; 
     and
       (6) any other appropriate issue, as determined by the 
     Secretary.
       (c) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Energy and Natural Resources of the Senate and 
     the Committee on Energy and Commerce of the House of 
     Representatives a report describing the results of the study.
                                 ______
                                 
      By Mr. SMITH (for himself, Mr. Johnson, and Mr. Dorgan):
  S. 2145. A bill to amend the Indian Health Care Improvement Act to 
ensure that Indian veterans are not liable

[[Page 26779]]

for certain health care payments; to the Committee on the Judiciary.
  Mr. SMITH. Mr. President, I rise today to introduce the American 
Indian Veteran Health Care Improvement Act, along with Senators Johnson 
and Dorgan. This legislation would encourage collaborations between the 
Department of Health and Human Services, HHS, and the Department of 
Veterans Affairs, VA, which would result in greater access to health 
care services for American Indian and Alaska Native, AI/AN, veterans of 
federally-recognized tribes. This legislation also would ensure that 
these AI/AN veterans eligible for VA health care benefits delivered by 
the Indian Health Service, IHS, an Indian tribe, or tribal 
organizations will not be liable for any out of pocket expenses.
  American Indians and Alaska Natives have a long history of exemplary 
military service to the United States. They have volunteered to serve 
their country at a higher percentage in all of Americas' wars and 
conflicts than any other ethnic group on a per capita basis. As a 
result, they have a wide range of combat related health care needs. AI/
AN veterans may be eligible for health care from Veterans Health 
Administration, VHA, or from IHS or both. Despite this dual 
eligibility, AI/AN veterans report the highest rate of unmet health 
care needs among veterans and exhibit high rates of disease risk 
factors.
  On February 25, 2003, the HHS and the VA entered into a Memorandum of 
Understanding, MOU, to encourage cooperation and resource sharing 
between the IHS and the VHA. The goal of the MOU is to use the 
strengths and expertise of both organizations to increase access, 
deliver quality health care services and enhance the health status of 
AI/AN veterans. These collaborations are designed to improve 
communication between the agencies and tribal governments, and to 
create opportunities to develop strategies for sharing information 
services and technology. The technology sharing includes the VA's 
electronic medical record system, bar code medication administration 
and telemedicine. Also, the VA and the IHS cosponsor continuing medical 
training for their health care staffs. The MOU encourages VA, tribal, 
and IHS programs to collaborate in numerous ways at the local level. 
These services may include referrals for specialty care at a VA 
facility, prescriptions offered by the VA, and testing not offered by 
IHS.
  At the local level, many partnerships are being formed among the IHS, 
VA, and tribal governments to identify local needs and develop local 
solutions. These local needs may include VA enrollment, initial 
screenings, and other health care services. The anticipated product of 
these collaborations is to ensure that quality health care is provided 
to all eligible AI/AN veterans. In my State, the Portland VA Medical 
Center and the Portland Area Office-IHS are working on a local MOU for 
the purpose of improving access to VA health care services for eligible 
AI/AN veterans. The Warms Springs Confederated Tribes have been 
instrumental in developing this agreement based on the needs of and by 
AI veterans on the Warm Springs Reservation. These veterans often are 
eligible for health benefits from both VA and IHS and it is their 
intended purpose to make care more seamless, thereby improving access 
and quality.
  Based on the Federal Government's trust responsibility for Indian 
tribes, eligible Indians receive free IHS health services regardless of 
their ability to pay. Unlike the IHS, the VA imposes cost-sharing on 
certain beneficiaries. This bill would alleviate eligible AI/AN 
veterans' responsibility for any VA-related expenses when care is 
delivered through the IHS.
  In November 2001, President George W. Bush proclaimed National 
American Indian Heritage Month by celebrating the role of the 
indigenous peoples of North America in shaping our Nation's history and 
culture. He said, ``American Indian and Alaska Native cultures have 
made remarkable contributions to our national identity. Their unique 
spiritual, artistic, and literary contributions, together with their 
vibrant customs and celebrations, enliven and enrich our land.''
  An important part of the overall contribution of AI/AN peoples to our 
Nation is the part they play in protecting and preserving our freedoms. 
Their contributions to our armed forces have been made throughout our 
history. I am hopeful that the VA and the IHS will continue to work 
together to deliver health care services to our Nation's AI/AN veterans 
that they so deserve. I look forward to hearing about more of these 
partnership projects, and to learn of their successes.
  I look forward to working with my colleagues, Senator Johnson and 
Senator Dorgan, and I urge my colleagues to join us in support of this 
legislation.
                                 ______
                                 
      By Mr. AKAKA:
  S. 2148. A bill to provide for greater diversity within, and to 
improve policy direction and oversight of, the Senior Executive 
Service; to the Committee on Homeland Security and Governmental 
Affairs.
  Mr. AKAKA. Mr. President, I wish to join my colleague in the House, 
Congressman Danny Davis, to introduce the Senior Executive Service 
Diversity Assurance Act to improve the management of the Senior 
Executive Service, SES, and enhance its diversity.
  For years we have known that the Federal SES does not reflect the 
diversity of our Nation. The Government Accountability Office released 
reports in 2003 and 2007 showing that the percentages of minorities in 
the SES are inconsistent from agency to agency and not reflective of 
the diversity of the potential pool of applicants.
  While we have seen some gains in the area of women in senior 
positions, the 28 percent of women in the SES is far less than the 
national average. And for minorities in senior level career positions, 
the gap is worse. Twenty-one percent of the potential applicants are 
racial and ethnic minorities while only 16 percent of the entire SES 
are minorities.
  As agencies think about the next generation of SES, it is important 
to be reminded of the need to recruit a talented and diverse pool of 
candidates in order to bring fresh perspectives into our Government's 
leadership roles. In serving the diverse population of America, we need 
diverse leaders to improve the way the Federal workforce serves our 
country.
  It is well known that the Federal Government is facing an impending 
retirement wave. Ninety percent of senior level employees will be 
eligible for retirement in the next 10 years. Federal agencies need to 
prepare for the next generation of leaders and in the process actively 
recruit diverse talent. I believe that mentoring is an excellent way to 
do that. This bill requires the establishment of an SES mentorship 
program. Qualified senior executives would be paired up with other 
talented women, racial and ethnic minorities, and disabled persons to 
mentor them in the hopes of cultivating a diverse pool of applicants 
for SES positions.
  The Senior Executive Service Diversity Assurance Act also establishes 
an office of senior executive resources to improve overall efficiency 
and diversity by bringing together all the SES policy development and 
implementation functions at the Office of Personnel Management.
  The bill also establishes evaluation panels made up of women and 
minorities to review incoming applications for SES positions and pass 
along recommendations of the qualified candidates to the Executive 
Review Board.
  The standards are high for entry into the SES, and I believe that 
this bill continues that tradition and will improve the overall 
diversity in our highly talented executive workforce.
  America is a nation of many different races and backgrounds. Every 
year, the diverse heritage of America continues to grow, and our 
communities benefit from the addition of those cultures. New cultures 
bring new ideas, and in our civil service--America's workforce--we need 
leadership that reflects those varied cultures and backgrounds.
  I believe this bill lays the framework for bringing these new ideas 
and different populations into Federal leadership. I hope to see 
improvements in the representation of women, racial and

[[Page 26780]]

ethnic minorities, and the disabled in the SES.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2148

       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 ``Senior Executive Service 
     Diversity Assurance Act''.

     SEC. 2. SENIOR EXECUTIVE SERVICE RESOURCE OFFICE.

       (a) Definitions.--For purposes of this section--
       (1) the term ``Director'' means the Director of the Office 
     of Personnel Management;
       (2) the term ``Senior Executive Service'' has the meaning 
     given such term by section 2101a of title 5, United States 
     Code;
       (3) the terms ``agency'', ``career appointee'', and 
     ``career reserved position'' have the meanings given them by 
     section 3132 of title 5, United States Code; and
       (4) the term ``SES Resource Office'' means the Senior 
     Executive Service Resource Office, established under 
     subsection (b).
       (b) Establishment.--Not later than January 1, 2009, the 
     Director shall establish within the Office of Personnel 
     Management an office to be known as the Senior Executive 
     Service Resource Office. The mission of the SES Resource 
     Office shall be--
       (1) to improve the efficiency, effectiveness, and 
     productivity of the Senior Executive Service through policy 
     formulation and oversight;
       (2) to advance the professionalism of the Senior Executive 
     Service; and
       (3) to ensure that, in seeking to achieve a Senior 
     Executive Service reflective of the Nation's diversity, 
     recruitment is from qualified individuals from appropriate 
     sources.
       (c) Functions.--It shall be the function of the SES 
     Resource Office to make recommendations to the Director with 
     respect to regulations, and to provide guidance to agencies, 
     concerning the structure, management, and diverse composition 
     of the Senior Executive Service. In order to carry out the 
     purposes of this section, the SES Resource Office shall--
       (1) take such actions as the SES Resource Office considers 
     necessary to manage and promote an efficient, elite, and 
     diverse corps of senior executives by--
       (A) creating policies for the management and improvement of 
     the Senior Executive Service;
       (B) providing oversight of the performance, structure, and 
     composition of the Senior Executive Service; and
       (C) providing guidance and oversight to agencies in the 
     management of senior executives and candidates for the Senior 
     Executive Service;
       (2) be responsible for the policy development, management, 
     and oversight of the Senior Executive Service pay system;
       (3) develop standards for certification of each agency's 
     Senior Executive Service performance management system and 
     evaluate all agency applications for certification;
       (4) be responsible for developing and monitoring programs 
     for the advancement and training of senior executives, 
     including the Senior Executive Service Federal Candidate 
     Development Program;
       (5) provide oversight of and guidance to agency executive 
     resources boards;
       (6) be responsible for the administration of the 
     qualifications review board;
       (7) establish and maintain lists (in a form that renders 
     them useful to appointing authorities and candidates) of--
       (A) the total number of career reserved positions at each 
     agency;
       (B) the total number of vacant career reserved positions at 
     each agency;
       (C) whether candidates are being sought for each such 
     vacant position; and
       (D) the names and (to the extent available) the race, 
     ethnicity, gender, and any disabilities of individuals who 
     have been certified, in accordance with section 3393(d) of 
     title 5, United States Code (as so redesignated by section 
     3(a)), as having the executive qualifications necessary for 
     initial appointment as a career appointee;
       (8) establish mentoring programs for individuals described 
     in paragraph (7)(D);
       (9) collect and maintain statistics relating to the 
     composition of the Senior Executive Service based on race, 
     ethnicity, gender, age, and persons with disabilities;
       (10) publish annually in the Federal Register statistics 
     relating to--
       (A) the data collected by the SES Resource Office under 
     paragraph (7); and
       (B) the composition of the Senior Executive Service based 
     on the factors listed in paragraph (7)(D); and
       (11) conduct a continuing program for the recruitment of 
     women, members of racial and ethnic minority groups, and the 
     disabled for Senior Executive Service positions, with special 
     efforts directed at recruiting from educational institutions, 
     professional associations, and other sources.
       (d) Public Access to Statistics.--The SES Resource Office 
     shall make the statistics under subsection (c)(10) accessible 
     to the public through an Internet website.

     SEC. 3. CAREER APPOINTMENTS.

       (a) Establishment and Role of SES Evaluation Panels.--
     Section 3393 of title 5, United States Code, is amended--
       (1) by redesignating subsections (b) through (g) as 
     subsections (c) through (h), respectively; and
       (2) by inserting after subsection (a) the following:
       ``(b)(1)(A) Each agency shall establish one or more Senior 
     Executive Service evaluation panels, as appropriate, the 
     members of which shall be appointed by the head of the agency 
     (or his or her designee)--
       ``(i) from among senior executives of the agency or 
     commissioned officers of the uniformed services serving on 
     active duty in such agency; or
       ``(ii) from among senior executives of or commissioned 
     officers of the uniformed services serving on active duty in 
     another agency, if--
       ``(I) subparagraph (B) could not (but for this clause) 
     otherwise be satisfied; and
       ``(II) the consent of the head of the other agency is 
     obtained.
       ``(B) Each panel shall consist of 3 members, of whom at 
     least 1 shall be a woman and 1 other shall be a member of a 
     racial or ethnic minority group.
       ``(2) It shall be the function of a Senior Executive 
     Service evaluation panel, with respect to any Senior 
     Executive Service position for which a vacancy announcement 
     is posted--
       ``(A) to review the executive qualifications of each 
     candidate for a position which is to be filled by a career 
     appointee; and
       ``(B) to certify to the appropriate executive resources 
     board the names of candidates who, in the judgment of the 
     panel, are best qualified for such position.

     Nothing in subparagraph (A) shall be considered to apply in 
     the case of any candidate who is already a career 
     appointee.''.
       (b) Role of Executive Resources Boards.--Paragraph (1) of 
     section 3393(c) of title 5, United States Code (as so 
     redesignated by subsection (a)), is amended to read as 
     follows:
       ``(1) for each career reserved position for which a vacancy 
     is posted, review the executive qualifications of candidates 
     certified under subsection (b) with respect to such position; 
     and''.
       (c) Definition of Appointing Authority.--Section 3393 of 
     title 5, United States Code, is amended by adding after 
     subsection (h) (as so redesignated by subsection (a)) the 
     following:
       ``(i) For purposes of this section, the term `appointing 
     authority' means, with respect to a position within an 
     agency, the head of such agency (or his or her designee).''.
       (d) Technical and Conforming Amendments.--
       (1) Section 3592(a)(1) of title 5, United States Code, is 
     amended by striking ``3393(d)'' and inserting ``3393(e)''.
       (2) Section 3593 of such title is amended--
       (A) in subsection (a)--
       (i) in the matter before paragraph (1), by striking 
     ``3393(b) and (c)'' and inserting ``3393(c) and (d)''; and
       (ii) in paragraph (1), by striking ``3393(d)'' and 
     inserting ``3393(e)''; and
       (B) in subsection (c)(1)--
       (i) in the matter before subparagraph (A), by striking 
     ``3393(b) and (c)'' and inserting ``3393(c) and (d)''; and
       (ii) in subparagraph (C), by striking ``3393(d)'' and 
     inserting ``3393(e)''.
       (3) Section 3594 of such title is amended in subsections 
     (a) and (b) by striking ``3393(d)'' and inserting 
     ``3393(e)''.
       (4) Section 3595(b)(1) of such title is amended by striking 
     ``3393(d)'' and inserting ``3393(e)''.
       (5) Section 7541(1)(A) of such title is amended by striking 
     ``3393(d)'' and inserting ``3393(e)''.
                                 ______
                                 
      By Mr. McCONNELL (for himself, Mr. Lott, Mr. Kyl, Mr. Gregg, Mr. 
        Enzi, Mr. Bunning, Mr. Coburn, Mr. Allard, Mr. DeMint, Mr. 
        Cornyn, Mr. Inhofe, Mrs. Dole, Mr. Vitter, Mr. Burr, Mr. 
        Bennett, Mr. Barrasso, Mr. Isakson, Mr. Cochran, and Mr. 
        Ensign):
  Mr. McCONNELL. Mr. President, I ask unanimous consent that the text 
of the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2152

       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 ``Kids First 
     Act''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec 1. Short title; table of contents.
Sec. 2. 5-Year reauthorization.
Sec. 3. Allotments for the 50 States and the District of Columbia based 
              on expenditures and numbers of low-income children.

[[Page 26781]]

Sec. 4. Limitations on matching rates for populations other than low-
              income children or pregnant women covered through a 
              section 1115 waiver.
Sec. 5. Prohibition on new section 1115 waivers for coverage of adults 
              other than pregnant women.
Sec. 6. Standardization of determination of family income.
Sec. 7. Grants for outreach and enrollment.
Sec. 8. Improved State option for offering premium assistance for 
              coverage through private plans.
Sec. 9. Treatment of unborn children.
Sec. 10. 50 percent matching rate for all Medicaid administrative 
              costs.
Sec. 11. Reduction in payments for Medicaid administrative costs to 
              prevent duplication of such payments under TANF.
Sec. 12. Effective date.

     SEC. 2. 5-YEAR REAUTHORIZATION.

       (a) Increase in National Allotment.--Section 2104(a) of the 
     Social Security Act (42 U.S.C. 1397dd(a)) is amended--
       (1) in paragraph (9), by striking ``and'' at the end'
       (2) in paragraph (10), by striking the period at the end 
     and inserting a semicolon; and
       (3) by adding at the end the following:
       ``(11) for fiscal year 2008, $7,000,000,000;
       ``(12) for fiscal year 2009, $7,200,000,000;
       ``(13) for fiscal year 2010, $7,600,000,000;
       ``(14) for fiscal year 2011, $8,300,000,000; and
       ``(15) for fiscal year 2012, $8,800,000,000.''.
       (b) Continuation of Additional Allotments to Territories.--
     Section 2104(c)(4)(B) of the Social Security Act (42 U.S.C. 
     1397dd(c)(4)(B)) is amended--
       (1) by striking ``and'' after ``2006,''; and
       (2) by inserting before the period the following: ``, 
     $56,000,000 for fiscal year 2008, $58,000,000 for fiscal year 
     2009, $61,000,000 for fiscal year 2010, $66,000,000. for 
     fiscal year 2011, and $70,000,000 for fiscal year 2012''.

     SEC. 3. ALLOTMENTS FOR THE 50 STATES AND THE DISTRICT OF 
                   COLUMBIA BASED ON EXPENDITURES AND NUMBERS OF 
                   LOW-INCOME CHILDREN.

       (a) In General.--Section 2104 of the Social Security Act 
     (42 U.S.C. 1397dd) is amended by adding at the end the 
     following new subsection:
       ``(i) Determination of allotments for the 50 states and the 
     district of columbia for fiscal years 2008 through 2012.--
       ``(1) In general.--Notwithstanding the preceding provisions 
     of this subsection and subject to paragraph (3), the 
     Secretary shall allot to each subsection (b) State for each 
     of fiscal years 2008 through 2012, the amount determined for 
     the fiscal year that is equal to the product of--
       ``(A) the amount available for allotment under subsection 
     (a) for the fiscal year, reduced by the amount of allotments 
     made under subsection (c) (determined without regard to 
     paragraph (4) thereof) for the fiscal year; and
       ``(B) the sum of the State allotment factors determined 
     under paragraph (2) with respect to the State and weighted in 
     accordance with subparagraph (B) of that paragraph for the 
     fiscal year.
       ``(2) State allotment factors.--
       ``(A) In general.--For purposes of paragraph (l)(B), the 
     State allotment factors are the following:
       ``(i) The ratio of the projected expenditures for targeted 
     low-income children under the State child health plan and 
     pregnant women under a waiver of such plan for the fiscal 
     year to the sum of such projected expenditures for all States 
     for the fiscal year, multiplied by the applicable percentage 
     weight assigned under subparagraph (B).
       ``(ii) The ratio of the number of low-income children who 
     have not attained age 19 with no health insurance coverage in 
     the State, as determined by the Secretary on the basis of the 
     arithmetic average of the number of such children for the 3 
     most recent Annual Social and Economic Supplements to the 
     Current Population Survey of the Bureau of the Census 
     available before the beginning of the calendar year before 
     such fiscal year begins, to the sum of the number of such 
     children determined for all States for such fiscal year, 
     multiplied by the applicable percentage weight assigned under 
     subparagraph (B).
       ``(iii) The ratio of the projected expenditures for 
     targeted low-income children under the State child health 
     plan and pregnant women under a waiver of such plan for the 
     preceding fiscal year to the sum of such projected 
     expenditures for all States for such preceding fiscal year, 
     multiplied by the applicable percentage weight assigned under 
     subparagraph (B).
       ``(iv) The ratio of the actual expenditures for targeted 
     low-income children under the State child health plan and 
     pregnant women under a waiver of such plan for the second 
     preceding fiscal year to the sum of such actual expenditures 
     for all States for such second preceding fiscal year, 
     multiplied by the applicable percentage weight assigned under 
     subparagraph (B).
       ``(B) Assignment of Weights.--For each of fiscal years 2008 
     through 2012, the following percentage weights shall be 
     applied to the ratios determined under subparagraph (A) for 
     each such fiscal year:
       ``(i) 40 percent for the ratio determined under 
     subparagraph (A)(i).
       ``(ii) 5 percent for the ratio determined under 
     subparagraph (A)(ii).
       ``(iii) 50 percent for the ratio determined under 
     subparagraph (A)(iii).
       ``(iv) 5 percent for the ratio determined under 
     subparagraph (A)(iv).
       ``(C) Determination of projected and Actual Expenditures.--
     For purposes of subparagraph (A):
       ``(i) Projected expenditures.--The projected expenditures 
     described in clauses (i) and (iii) of such subparagraph with 
     respect to a fiscal year shall be determined on the basis of 
     amounts reported by States to the Secretary on the May 15th 
     submission of Form CMS-37 and Form CMS-21B submitted not 
     later than June 30th of the fiscal year preceding such year.
       ``(ii) Actual expenditures.--The actual expenditures 
     described in clause (iv) of such subparagraph with respect to 
     a second preceding fiscal year shall be determined on the 
     basis of amounts reported by States to the Secretary on Form 
     CMS-64 and Form CMS-21 submitted not later than November 30 
     of the preceding fiscal year.''.
       (b) 2-Year Availability of Allotments; Expenditures Counted 
     Against Oldest Allotments.--Section 2104(e) of the Social 
     Security Act (42 U.S.C. 1397dd(e)) is amended to read as 
     follows:
       ``(e) Availability of Amounts Alloted.--
       ``(1) In general.--Except as provided in the succeeding 
     paragraphs of this subsection, amounts allotted to a State 
     pursuant to this section--
       ``(A) for each of fiscal years 1998 through 2007, shall 
     remain available for expenditure by the State through the end 
     of the second succeeding fiscal year; and
       ``(B) for each of fiscal years 2008 through 2012, shall 
     remain available for expenditure by the State only through 
     the end of the succeeding fiscal year for which such amounts 
     are allotted.
       ``(2) Elimination of redistribution of allotments not 
     expended within 3 years.--Notwithstanding subsection (f), 
     amounts allotted to a State under this section for fiscal 
     years beginning with fiscal year 2008 that remain unexpended 
     as of the end of the second succeeding fiscal year shall not 
     be redistributed to other States and shall revert to the 
     Treasury on October 1 of the third succeeding fiscal year.
       ``(3) Rule for counting expenditures against fiscal year 
     allotments.--Expenditures under the State child health plan 
     made on or after October 1, 2007, shall be counted against 
     allotments for the earliest fiscal year for which funds are 
     available for expenditure under this subsection.''.
       (c) Conforming amendments.--
       (1) Section 2104(b)(1) of the Social Security Act (42 
     U.S.C. 1397dd(b)(1)) is amended by striking ``subsection 
     (d)'' and inserting ``the succeeding subsections of this 
     section''.
       (2) Section 2104(f) of such Act (42 U.S.C. 1397 dd(f)) is 
     amended by striking ``The'' and inserting ``Subject to 
     subsection (e)(2), the''.

     SEC. 4. LIMITATIONS ON MATCHING RATES FOR POPULATIONS OTHER 
                   THAN LOW-INCOME CHILDREN OR PREGNANT WOMEN 
                   COVERED THROUGH A SECTION 1115 WAIVER.

       (a) Limitation on Payments.--Section 2105(c) of the Social 
     Security Act (42 U.S.C. 1397ee(c)) is amended by adding at 
     the end the following new paragraph:
       ``(8) Limitations on matching rate for populations other 
     than targeted low-income children or pregnant women covered 
     through a section 1115 waiver.--For child health assistance 
     or health benefits coverage furnished in any fiscal year 
     beginning with fiscal year 2008:
       ``(A) FMAP applied to payments for coverage of children or 
     pregnant women covered through a section 1115 waiver enrolled 
     in the state child health plan on the date of enactment of 
     the kids first act and whose gross family income is 
     determined to exceed the income eligibility level specified 
     for a targeted low-income child.--Notwithstanding subsections 
     (b)(1)(B) and (d) of section 2110, in the case of any 
     individual described in subsection (c) of section 105 of the 
     Kids First Act who the State elects to continue to provide 
     child health assistance for under the State child health plan 
     in accordance with the requirements of such subsection, the 
     Federal medical assistance percentage (as determined under 
     section 1905(b) without regard to clause (4) of such section) 
     shall be substituted for the enhanced FMAP under subsection 
     (a)(1) with respect to such assistance.
       ``(B) FMAP applied to payments only for nonpregnant 
     childless adults and parents and caretaker relatives enrolled 
     under a section 1115 waiver on the date of enactment of the 
     state children's health insurance program reauthorization of 
     2007.--The Federal medical assistance percentage (as 
     determined under section 1905(b) without regard to clause (4) 
     of such section) shall be substituted for the enhanced FMAP 
     under subsection (a)(1) with respect to payments for child 
     health assistance or health benefits coverage provided under 
     the State child health plan for any of the following:
       ``(i) Parents or caretaker relatives enrolled under a 
     waiver on the date of enactment of the state children's 
     health insurance program reauthorization of 2007.--A 
     nonpregnant parent or a nonpregnant caretaker relative of a 
     targeted low-income

[[Page 26782]]

     child who is enrolled in the State child health plan under a 
     waiver, experimental, pilot, or demonstration project on the 
     date of enactment of the Kids First Act and whose family 
     income does not exceed the income eligibility applied under 
     such waiver with respect to that population on such date.
       ``(ii) Nonpregnant childless adults enrolled under a waiver 
     on such date.--A nonpregnant childless adult enrolled in the 
     State child health plan under a waiver, experimental, pilot, 
     or demonstration project described in section 6102(c)(3) of 
     the Deficit Reduction Act of 2005 (42 U.S.C. 1397gg note) on 
     the date of enactment of the Kids First Act and whose family 
     income does not exceed the income eligibility applied under 
     such waiver with respect to that population on such date.
       ``(iii) No replacement enrollees.--Nothing in clauses (i) 
     or (ii) shall be construed as authorizing a State to provide 
     child health assistance or health benefits coverage under a 
     waiver described in either such clause to a nonpregnant 
     parent or a nonpregnant caretaker relative of a targeted low-
     income child, or a nonpregnant childless adult, who is not 
     enrolled under the waiver on the date of enactment of the 
     Kids First Act.
       ``(C) No federal payment for any new nonpregnant adult 
     enrollees or for such enrollees who no longer satisfy income 
     eligibility requirements.--Payment shall not be made under 
     this section for child health assistance or other health 
     benefits coverage provided under the State child health plan 
     or under a waiver under section 1115 for any of the 
     following:
       ``(i) Parents or caretaker relatives under a section 1115 
     waiver approved after the date of enactment of the state 
     children's health insurance program reauthorization of 
     2007.--A nonpregnant parent or a nonpregnant caretaker 
     relative of a targeted low-income child under a waiver, 
     experimental, pilot, or demonstration project that is 
     approved on or after the date of enactment of the Kids First 
     Act.
       ``(ii) Parents, caretaker relatives, and nonpregnant 
     childless adults whose family income exceeds the income 
     eligibility level specified under a section 1115 waiver 
     approved prior to the state children's health insurance 
     program reauthorization of 2007.--Any nonpregnant parent or a 
     nonpregnant caretaker relative of a targeted low-income child 
     whose family income exceeds the income eligibility level 
     referred to in subparagraph (B)(i), and any nonpregnant 
     childless adult whose family income exceeds the income 
     eligibility level referred to in subparagraph (B)(ii).
       ``(iii) Nonpregnant childless adults, parents, or caretaker 
     relatives not enrolled under a section 1115 waiver on the 
     date of enactment of the state children's health insurance 
     program reauthorization of 2007.--Any nonpregnant parent or a 
     nonpregnant caretaker relative of a targeted low-income child 
     who is not enrolled in the State child health plan under a 
     section 1115 waiver, experimental, pilot, or demonstration 
     project referred to in subparagraph (B)(i) on the date of 
     enactment of the Kids First Act, and any nonpregnant 
     childless adult who is not enrolled in the State child health 
     plan under a section 1115 waiver, experimental, pilot, or 
     demonstration project referred to in subparagraph (B)(ii)(I) 
     on such date.
       ``(D) Definition of caretaker relative.--In this 
     subparagraph, the term `caretaker relative' has the meaning 
     given that term for purposes of carrying out section 1931.
       ``(E) Rule of construction.--Nothing in this paragraph 
     shall be construed as implying that payments for coverage of 
     populations for which the Federal medical assistance 
     percentage (as so determined) is to be substituted for the 
     enhanced FMAP under subsection (a)(1) in accordance with this 
     paragraph are to be made from funds other than the allotments 
     determined for a State under section 2104.''.
       (b) Conforming Amendment.--Section 2105(a)(1) of the Social 
     Security Act ( 42 U.S.C. 1397dd(a)(1)) is amended, in the 
     matter preceding subparagraph (A), by inserting ``or 
     subsection (c)(8)'' after ``subparagraph (B)''.

     SEC. 5. PROHIBITION ON NEW SECTION 1115 WAIVERS FOR COVERAGE 
                   OF ADULTS OTHER THAN PREGNANT WOMEN.

       (a) In General.--Section 2107(f) of the Social Security Act 
     (42 U.S.C. 1397gg(f)) is amended--
       (1) by striking ``, the Secretary''; and inserting ``:
       ``(1) The Secretary''; and
       (2) by adding at the end the following new paragraphs:
       ``(2) The Secretary may not approve, extend, renew, or 
     amend a waiver, experimental, pilot, or demonstration project 
     with respect to a State after the date of enactment of the 
     Kids First Act that would allow funds made available under 
     this title to be used to provide child health assistance or 
     other health benefits coverage for any other adult other than 
     a pregnant woman whose family income does not exceed the 
     income eligibility level specified for a targeted low-income 
     child in that State under a waiver or project approved as of 
     such date.
       ``(3) The Secretary may not approve, extend, renew, or 
     amend a waiver, experimental, pilot, or demonstration project 
     with respect to a State after the date of enactment of the 
     Kids First Act that would waive or modify the requirements of 
     section 2105(c)(8).''.
       (b) Clarification of Authority for Coverage of Pregnant 
     Women.--Section 2106 of the Social Security Act (42 U.S.C. 
     1397ff) is amended by adding at the end the following new 
     subsection:
       ``(f) No Authority To Cover Pregnant Women Through State 
     Plan.--For purposes of this title, a State may provide 
     assistance to a pregnant woman under the State child health 
     plan only--
       ``(1) by virtue of a waiver under section 1115; or
       ``(2) through the application of sections 457.10, 
     457.350(b)(2), 457.622(c)(5), and 457.626(a)(3) of title 42, 
     Code of Federal Regulations (as in effect on the date of 
     enactment of the Kids First Act).''.
       (c) Assurance of Notice to Affected Enrollees.--The 
     Secretary of Health and Human Services shall establish 
     procedures to ensure that States provide adequate public 
     notice for parents, caretaker relatives, and nonpregnant 
     childless adults whose eligibility for child health 
     assistance or health benefits coverage under a waiver under 
     section 1115 of the Social Security Act will be terminated as 
     a result of the amendments made by subsection (a), and that 
     States otherwise adhere to regulations of the Secretary 
     relating to procedures for terminating waivers under section 
     1115 of the Social Security Act.

     SEC. 6. STANDARDIZATION OF DETERMINATION OF FAMILY INCOME.

       (a) Eligibility Based on Gross Income.--
       (1) In general.--Section 2110 of the Social Security Act 
     (42 U.S.C. 1397jj) is amended by adding at the end the 
     following new subsection:
       ``(d) Standardization of Determination of Family Income.--A 
     State shall determine family income for purposes of 
     determining income eligibility for child health assistance or 
     other health benefits coverage under the State child health 
     plan (or under a waiver of such plan under section 1115) 
     solely on the basis of the gross income (as defined by the 
     Secretary) of the family.''.
       (2) Prohibition on waiver of requirements.--Section 2107(f) 
     (42 U.S.C. 1397gg(f)), as amended by section 5(a), is amended 
     by adding at the end the following new paragraph:
       ``(4) The Secretary may not approve a waiver, experimental, 
     pilot, or demonstration project with respect to a State after 
     the date of enactment of the Kids First Act that would waive 
     or modify the requirements of section 2110(d) (relating to 
     determining income eligibility on the basis of gross income) 
     and regulations promulgated to carry out such 
     requirements.''.
       (b) Regulations.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary of Health and Human 
     Services shall promulgate interim final regulations defining 
     gross income for purposes of section 2110(d) of the Social 
     Security Act, as added by subsection (a).
       (c) application to Current Enrollees.--The interim final 
     regulations promulgated under subsection (b) shall not be 
     used to determine the income eligibility of any individual 
     enrolled in a State child health plan under title XXI of the 
     Social Security Act on the date of enactment of this Act 
     before the date on which such eligibility of the individual 
     is required to be redetermined under the plan as in effect on 
     such date. In the case of any individual enrolled in such 
     plan on such date who, solely as a result of the application 
     of subsection (d) of section 2110 of the Social Security Act 
     (as added by subsection (a)) and the regulations promulgated 
     under subsection (b), is determined to be ineligible for 
     child health assistance under the State child health plan, a 
     State may elect, subject to substitution of the Federal 
     medical assistance percentage for the enhanced FMAP under 
     section 2105(c)(8)(A) of the Social Security Act (as added by 
     section 4(a)), to continue to provide the individual with 
     such assistance for so long as the individual otherwise would 
     be eligible for such assistance and the individual's family 
     income, if determined under the income and resource standards 
     and methodologies applicable under the State child health 
     plan on September 30, 2007, would not exceed the income 
     eligibility level applicable to the individual under the 
     State child health plan.

     SEC. 7. GRANTS FOR OUTREACH AND ENROLLMENT.

       (a) Grants.--Title XXI of the Social Security Act (42 
     U.S.C. 1397aa et seq.) is amended by adding at the end the 
     following:

     ``SEC. 2111. GRANTS TO IMPROVE OUTREACH AND ENROLLMENT.

       ``(a) Outreach and Enrollment Grants; National Campaign.--
       ``(1) In general.--From the amounts appropriated for a 
     fiscal year under subsection (f), subject to paragraph (2), 
     the Secretary shall award grants to eligible entities to 
     conduct outreach and enrollment efforts that are designed to 
     increase the enrollment and participation of eligible 
     children under this title and title XIX.
       ``(2) 10 percent set aside for national enrollment 
     campaign.--An amount equal to 10 percent of such amounts for 
     the fiscal year

[[Page 26783]]

     shall be used by the Secretary for expenditures during the 
     fiscal year to carry out a national enrollment campaign in 
     accordance with subsection (g).
       ``(b) Award of Grants.--
       ``(1) Priority for awarding.--
       ``(A) In general.--In awarding grants under subsection (a), 
     the Secretary shall give priority to eligible entities that--
       ``(i) propose to target geographic areas with high rates 
     of--
       ``(I) eligible but unenrolled children, including such 
     children who reside in rural areas; or
       ``(II) racial and ethnic minorities and health disparity 
     populations, including those proposals that address cultural 
     and linguistic barriers to enrollment; and
       ``(ii) submit the most demonstrable evidence required under 
     paragraphs (1) and (2) of subsection (c).
       ``(B) 10 percent set aside for outreach to indian 
     children.--An amount equal to 10 percent of the funds 
     appropriated under subsection (f) for a fiscal year shall be 
     used by the Secretary to award grants to Indian Health 
     Service providers and urban Indian organizations receiving 
     funds under title V of the Indian Health Care Improvement Act 
     (25 U.S.C. 1651 et seq.) for outreach to, and enrollment of, 
     children who are Indians.
       ``(2) 2-year availability.--A grant awarded under this 
     section for a fiscal year shall remain available for 
     expenditure through the end of the succeeding fiscal year.
       ``(c) Application.--An eligible entity that desires to 
     receive a grant under subsection (a) shall submit an 
     application to the Secretary in such form and manner, and 
     containing such information, as the Secretary may decide. 
     Such application shall include--
       (1) evidence demonstrating that the entity includes members 
     who have access to, and credibility with, ethnic or low-
     income populations in the communities in which activities 
     funded under the grant are to be conducted;
       ``(2) evidence demonstrating that the entity has the 
     ability to address barriers to enrollment, such as lack of 
     awareness of eligibility, stigma concerns and punitive fears 
     associated with receipt of benefits, and other cultural 
     barriers to applying for and receiving child health 
     assistance or medical assistance;
       ``(3) specific quality or outcomes performance measures to 
     evaluate the effectiveness of activities funded by a grant 
     awarded under this section; and
       ``(4) an assurance that the eligible entity shall--
       ``(A) conduct an assessment of the effectiveness of such 
     activities against the performance measures;
       ``(B) cooperate with the collection and reporting of 
     enrollment data and other information in order for the 
     Secretary to conduct such assessments.
       ``(C) in the case of an eligible entity that is not the 
     State, provide the State with enrollment data and other 
     information as necessary for the State to make necessary 
     projections of eligible children and pregnant women.
       ``(d) Supplement, Not Supplant.--Federal funds awarded 
     under this section shall be used to supplement, not supplant, 
     non-Federal funds that are otherwise available for activities 
     funded under this section.
       ``(e) Definitions.--In this section:
       ``(1) Eligible entity.--The term `eligible entity' means 
     any of the following:
       ``(A) A State with an approved child health plan under this 
     title.
       ``(B) A local government.
       ``(C) An Indian tribe or tribal consortium, a tribal 
     organization, an urban Indian organization receiving funds 
     under title V of the Indian Health Care Improvement Act (25 
     U.S.C. 1651 et seq.), or an Indian Health Service provider.
       ``(D) A Federal health safety net organization.
       ``(E) A State, national, local, or community-based public 
     or nonprofit private organization.
       ``(F) A faith-based organization or consortia, to the 
     extent that a grant awarded to such an entity is consistent 
     with the requirements of section 1955 of the Public Health 
     Service Act (42 U.S.C. 300x-65) relating to a grant award to 
     non-governmental entities.
       ``(G) An elementary or secondary school.
       ``(H) A national, local, or community-based public or 
     nonprofit private organization, including organizations that 
     use community health workers or community-based doula 
     programs.
       ``(2) Federal health safety net organization.--The term 
     `Federal health safety net organization' means--
       ``(A) a Federally-qualified health center (as defined in 
     section 1905(l)(2)(B));
       ``(B) a hospital defined as a disproportionate share 
     hospital for purposes of section 1923;
       ``(C) a covered entity described in section 340B(a)(4) of 
     the Public Health Service Act (42 U.S.C. 256b(a)(4)); and
       ``(D) any other entity or consortium that serves children 
     under a federally-funded program, including the special 
     supplemental nutrition program for women, infants, and 
     children (WIC) established under section 17 of the Child 
     Nutrition Act of 1966 (42 U.S.C. 1786), the head start and 
     early head start programs under the Head Start Act (42 U.S.C. 
     9801 et seq.), the school lunch program established under the 
     Richard B. Russell National School Lunch Act, and an 
     elementary or secondary school.
       ``(3) Indians; indian tribe; tribal organization; urban 
     indian organization.--The terms `Indian', `Indian tribe', 
     `tribal organization', and `urban Indian organization' have 
     the meanings given such terms in section 4 of the Indian 
     Health Care Improvement Act (25 U.S.C. 1603).
       ``(4) Community health worker.--The term `community health 
     worker' means an individual who promotes health or nutrition 
     within the community in which the individual resides--
       ``(A) by serving as a liaison between communities and 
     health care agencies;
       ``(B) by providing guidance and social assistance to 
     community residents;
       ``(C) by enhancing community residents' ability to 
     effectively communicate with health care providers;
       ``(D) by providing culturally and linguistically 
     appropriate health or nutrition education;
       ``(E) by advocating for individual and community health or 
     nutrition needs; and
       ``(F) by providing referral and followup services.
       ``(f) Appropriation.--
       ``(1) In general.--There is appropriated, out of any money 
     in the Treasury not otherwise appropriated, for the purpose 
     of awarding grants under this section--
       ``(A) $100,000,000 for each of fiscal years 2008 and 2009;
       ``(B) $75,000,000 for each of fiscal years 2010 and 2011; 
     and
       ``(C) $50,000,000 for fiscal year 2012.
       ``(2) Grants in addition to other amounts paid.--Amounts 
     appropriated and paid under the authority of this section 
     shall be in addition to amounts appropriated under section 
     2104 and paid to States in accordance with section 2105, 
     including with respect to expenditures for outreach 
     activities in accordance with subsections (a)(1)(D)(iii) and 
     (c)(2)(C) of that section.
       ``(g) National Enrollment Campaign.--From the amounts made 
     available under subsection (a)(2) for a fiscal year, the 
     Secretary shall develop and implement a national enrollment 
     campaign to improve the enrollment of underserved child 
     populations in the programs established under this title and 
     title XIX. Such campaign may include--
       ``(1) the establishment of partnerships with the Secretary 
     of Education and the Secretary of Agriculture to develop 
     national campaigns to link the eligibility and enrollment 
     systems for the assistance programs each Secretary 
     administers that often serve the same children;
       ``(2) the integration of information about the programs 
     established under this title and title XIX in public health 
     awareness campaigns administered by the Secretary;
       ``(3) increased financial and technical support for 
     enrollment hotlines maintained by the Secretary to ensure 
     that all States participate in such hotlines;
       ``(4) the establishment of joint public awareness outreach 
     initiatives with the Secretary of Education and the Secretary 
     of Labor regarding the importance of health insurance to 
     building strong communities and the economy;
       ``(5) the development of special outreach materials for 
     Native Americans or for individuals with limited English 
     proficiency; and
       ``(6) such other outreach initiatives as the Secretary 
     determines would increase public awareness of the programs 
     under this title and title XIX.''.
       (b) Nonapplication of Administrative Expenditures Cap.--
     Section 2105(c)(2) of the Social Security Act (42 U.S.C. 
     1397ee(c)(2)) is amended by adding at the end the following:
       ``(C) Nonapplication to expenditures for outreach and 
     enrollment.--The limitation under subparagraph (A) shall not 
     apply with respect to expenditures for outreach activities 
     under section 2102(c)(1), or for enrollment activities, for 
     children eligible for child health assistance under the State 
     child health plan or medical assistance under the State plan 
     under title XIX.''.

     SEC. 8. IMPROVED STATE OPTION FOR OFFERING PREMIUM ASSISTANCE 
                   FOR COVERAGE THROUGH PRIVATE PLANS.

       (a) In General.--Section 2105(c) of the Social Security Act 
     (42 U.S.C. 1397ee(c)), as amended by section 4(a) is amended 
     by adding at the end the following:
       ``(9) Additional state option for offering premium 
     assistance.--
       ``(A) In general.--Subject to the succeeding provisions of 
     this paragraph, a State may elect to offer a premium 
     assistance subsidy (as defined in subparagraph (C)) for 
     qualified employer sponsored coverage (as defined in 
     subparagraph (B)) to all targeted low-income children who are 
     eligible for child health assistance under the plan and have 
     access to such coverage in accordance with the requirements 
     of this paragraph.
       ``(B) Qualified employer sponsored coverage.--
       ``(i) In general.--In this paragraph, the term `qualified 
     employer sponsored coverage' means a group health plan or 
     health insurance coverage offered through an employer that 
     is--
       ``(I) substantially equivalent to the benefits coverage in 
     a benchmark benefit package described in section 2103(b) or 
     benchmark-equivalent coverage that meets the requirements of 
     section 2103(a)(2);

[[Page 26784]]

       ``(II) made similarly available to all of the employer's 
     employees and for which the employer makes a contribution to 
     the premium that is not less for employees receiving a 
     premium assistance subsidy under any option available under 
     the State child health plan under this title or the State 
     plan under title XIX to provide such assistance than the 
     employer contribution provided for all other employees; and
       ``(III) cost-effective, as determined under clause (ii).
       ``(ii) Cost-effectiveness.--A group health plan or health 
     insurance coverage offered through an employer shall be 
     considered to be cost-effective if--
       ``(I) the marginal premium cost to purchase family coverage 
     through the employer is less than the State cost of providing 
     child health assistance through the State child health plan 
     for all the children in the family who are targeted low-
     income children; or
       ``(II) the marginal premium cost between individual 
     coverage and purchasing family coverage through the employer 
     is not greater than 175 percent of the cost to the State to 
     provide child health assistance through the State child 
     health plan for a targeted low-income child.
       ``High deductible health plans included.--The term 
     `qualified employer sponsored coverage' includes a high 
     deductible health plan (as defined in section 223(c)(2) of 
     the Internal Revenue Code of 1986) purchased through a health 
     savings account (as defined under section 223(d) of such 
     Code).
       ``(C) Premium assistance subsidy.--
       ``(1) In general.--In this paragraph, the term `premium 
     assistance subsidy' means, with respect to a targeted low-
     income child, the amount equal to the difference between the 
     employee contribution required for enrollment only of the 
     employee under qualified employer sponsored coverage and the 
     employee contribution required for enrollment of the employee 
     and the child in such coverage, less any applicable premium 
     cost-sharing applied under the State child health plan, 
     subject to the annual aggregate cost-sharing limit applied 
     under section 2103(e)(3)(B).
       ``(ii) State payment option.--Subject to clause (iii), a 
     State may provide a premium assistance subsidy directly to an 
     employer or as reimbursement to an employee for out-of-pocket 
     expenditures.
       ``(iii) Requirement for direct payment to employee.--A 
     state shall not pay a premium assistance subsidy directly to 
     the employee, unless the State has established procedures to 
     ensure that the targeted low-income child on whose behalf 
     such payments are made are actually enrolled in the qualified 
     employer-sponsored coverage.
       ``(iv) Treatment as child health assistance.--Expenditures 
     for the provision of premium assistance subsidies shall be 
     considered child health assistance described in paragraph 
     (1)(C) of subsection (a) for purposes of making payments 
     under that subsection.
       ``(v) State option to require acceptance of subsidy.--A 
     State may condition the provision of child health assistance 
     under the State child health plan for a targeted low-income 
     child on the receipt of a premium assistance subsidy for 
     enrollment in qualified employer-sponsored coverage if the 
     State determines the provision of such a subsidy to be more 
     cost-effective in accordance with subparagraph (B)(ii).
       ``(vi) Not treated as income.--Notwithstanding any other 
     provision of law, a premium assistance subsidy provided in 
     accordance with this paragraph shall not be treated as income 
     to the child or the parent of the child for whom such subsidy 
     is provided.
       ``(D) No requirement to provide supplemental coverage for 
     benefits and additional cost-sharing protection provided 
     under the state child health plan.--
       ``(i) In general.--A State that elects the option to 
     provide a premium assistance subsidy under this paragraph 
     shall not be required to provide a targeted low-income child 
     enrolled in qualified employer-sponsored coverage with 
     supplemental coverage for items or services that are not 
     covered, or are only partially covered, under the qualified 
     employer-sponsored coverage or cost-sharing protection other 
     than the protection required under section 2103(e)(3)(B).
       ``(ii) Notice of cost-sharing requirements.--A State shall 
     provide a targeted low-income child or the parent of such a 
     child (as appropriate) who is provided with a premium 
     assistance subsidy in accordance with this paragraph with 
     notice of the cost-sharing requirements and limitations 
     imposed under the qualified employer-sponsored coverage in 
     which the child is enrolled upon the enrollment of the child 
     in such coverage and annually thereafter.
       ``(iii) Record keeping requirements.--A State may require a 
     parent of a targeted low-income child that is enrolled in 
     qualified employer-sponsored coverage to bear the 
     responsibility for keeping track of out-of-pocket 
     expenditures incurred for cost-sharing imposed under such 
     coverage and to notify the State when the limit on such 
     expenditures imposed under section 2103(e)(3)(B) has been 
     reached for a year from the effective date of enrollment for 
     such year.
       ``(iv) State option for reimbursement.--A State may 
     retroactively reimburse a parent of a targeted low-income 
     child for out-of-pocket expenditures incurred after reaching 
     the 5 percent cost-sharing limitation imposed under section 
     2103(e)(3)(B) for a year.
       ``(E) 6-month waiting period required.--A State shall 
     impose at least a 6-month waiting period from the time an 
     individual is enrolled in private health insurance prior to 
     the provision of a premium assistance subsidy for a targeted 
     low-income child in accordance with this paragraph.
       ``(F) Non-application of waiting period for enrollment in 
     the state medicaid plan or the state child health plan.--A 
     targeted low-income child provided a premium assistance 
     subsidy in accordance with this paragraph who loses 
     eligibility for such subsidy shall not be treated as having 
     been enrolled in private health insurance coverage for 
     purposes of applying any waiting period imposed under the 
     State child health plan or the State plan under title XIX for 
     the enrollment of the child under such plan.
       ``(G) Assurance of special enrollment period under group 
     health plans in case of eligibility for premium subsidy 
     assistance.--No payment shall be made under subsection (a) 
     for amounts expended for the provision of premium assistance 
     subsidies under this paragraph unless a State provides 
     assurances to the Secretary that the State has in effect laws 
     requiring a group health plan, a health insurance issuer 
     offering group health insurance coverage in connection with a 
     group health plan, and a self-funded health plan, to permit 
     an employee who is eligible, but not enrolled, for coverage 
     under the terms of the plan (or a child of such an employee 
     if the child is eligible, but not enrolled, for coverage 
     under such terms) to enroll for coverage under the terms of 
     the plan if the employee's child becomes eligible for a 
     premium assistance subsidy under this paragraph.
       ``(H) No effect on previously approved premium assistance 
     programs.--Nothing in this paragraph shall be construed as 
     limiting the authority of a State to offer premium assistance 
     under section 1906, a waiver described in paragraph (2)(B) or 
     (3), a waiver approved under section 1115, or other authority 
     in effect on June 28, 2007.
       ``(I) Notice of availability.--A State shall--
       ``(i) include on any application or enrollment form for 
     child health assistance a notice of the availability of 
     premium assistance subsidies for the enrollment of targeted 
     low-income children in qualified employer sponsored coverage;
       ``(ii) provide, as part of the application and enrollment 
     process under the State child health plan, information 
     describing the availability of such subsidies and how to 
     elect to obtain such a subsidy; and
       ``(iii) establish such other procedures as the State 
     determines necessary to ensure that parents are informed of 
     the availability of such subsidies under the State child 
     health plan.''.
       (b) Application to Medicaid.--Section 1906 of the Social 
     Security Act (42 U.S.C. 1396e) is amended by inserting after 
     subsection (c) the following:
       ``(d) The provisions of section 2105(c)(9) shall apply to a 
     child who is eligible for medical assistance under the State 
     plan in the same manner as such provisions apply to a 
     targeted low-income child under a State child health plan 
     under title XXI. Section 1902(a)(34) shall not apply to a 
     child who is provided a premium assistance subsidy under the 
     State plan in accordance with the preceding sentence.''.

     SEC. 9. TREATMENT OF UNBORN CHILDREN.

       (a) Codification of Current Regulations.--Section 
     2110(c)(1) of the Social Security Act (42 U.S.C. 
     1397jj(c)(1)) is amended by striking the period at the end 
     and inserting the following: ``, and includes, at the option 
     of a State, an unborn child. For purposes of the previous 
     sentence, the term `unborn child' means a member of the 
     species Homo sapiens, at any stage of development, who is 
     carried in the womb.''.
       (b) Clarifications Regarding Coverage of Mothers.--Section 
     2103 (42 U.S.C. 1397cc) is amended by adding at the end the 
     following new subsection:
       ``(g) Clarifications Regarding Authority to Provide 
     Postpartum Services and Maternal Health Care.--Any State that 
     provides child health assistance to an unborn child under the 
     option described in section 2110(c)(1) may--
       ``(1) continue to provide such assistance to the mother, as 
     well as postpartum services, through the end of the month in 
     which the 60-day period (beginning on the last day of 
     pregnancy) ends; and
       ``(2) in the interest of the child to be born, have 
     flexibility in defining and providing services to benefit 
     either the mother or unborn child consistent with the health 
     of both.''.

     SEC. 10. 50 PERCENT MATCHING RATE FOR ALL MEDICAID 
                   ADMINISTRATIVE COSTS.

       Section 1903(a) of the Social Security Act (42 U.S.C. 
     1396b(a)) is amended--
       (1) by striking paragraph (2);
       (2) by redesignating paragraph (3)(E) as paragraph (2) and 
     re-locating and indenting it appropriately;
       (3) in paragraph (2), as so redesignated, by redesignating 
     clauses (i) and (ii) as subparagraphs (A) and (B), and 
     indenting them appropriately;

[[Page 26785]]

       (4) by striking paragraphs (3) and (4);
       (5) in paragraph (5), by striking ``which are attributable 
     to the offering, arranging, and furnishing'' and inserting 
     ``which are for the medical assistance costs of furnishing'';
       (6) by striking paragraph (6);
       (7) in paragraph (7), by striking ``subject to section 
     1919(g)(3)(B)''; and
       (8) by redesignating paragraphs (5) and (7) as paragraphs 
     (3) and (4), respectively.

     SEC. 11. REDUCTION IN PAYMENTS FOR MEDICAID ADMINISTRATIVE 
                   COSTS TO PREVENT DUPLICATION OF SUCH PAYMENTS 
                   UNDER TANF.

       Section 1903 of the Social Security Act (42 U.S.C. 1396b) 
     is amended--
       (1) in subsection (a)(7), by striking ``section 
     1919(g)(3)(B)'' and inserting ``subsection (h)'';
       (2) in subsection (a)(2)(D) by inserting ``, subject to 
     subsection (g)(3)(C) of such section'' after ``as are 
     attributable to State activities under section 1919(g)''; and
       (3) by adding after subsection (g) the following new 
     subsection:
       ``(h) Reduction in Payments for Administrative Costs to 
     Prevent Duplication of Payments Under Title IV.--Beginning 
     with the calendar quarter commencing October 1, 2007, the 
     Secretary shall reduce the amount paid to each State under 
     subsection (a)(7) for each quarter by an amount equal to 1/4 
     of the annualized amount determined for the Medicaid program 
     under section 16(k)(2)(B) of the Food Stamp Act of 1977 (7 
     U.S.C. 2025(k)(2)(B)).''.

     SEC. 12. EFFECTIVE DATE.

       (a) In General.--Subject to subsection (b), the amendments 
     made by this Act shall take effect as if enacted on October 
     1, 2007.
       (b) Delay if State Legislation Required.--In the case of a 
     State child health plan under title XXI of the Social 
     Security Act or a waiver of such plan under section 1115 of 
     such Act which the Secretary of Health and Human Services 
     determines requires State legislation (other than legislation 
     appropriating funds) in order for the plan or waiver to meet 
     the additional requirements imposed by the amendments made by 
     this Act, the State child health plan or waiver shall not be 
     regarded as failing to comply with the requirements of such 
     title XXI solely on the basis of its failure to meet such 
     additional requirements before the first day of the first 
     calendar quarter beginning after the close of the first 
     regular session of the State legislature that begins after 
     the date of the enactment of this Act. For purposes of the 
     previous sentence, in the case of a State that has a 2-year 
     legislative session, each year of such session shall be 
     deemed to be a separate regular session of the State 
     legislature.
       (c) Contingent Effective Date for SCHIP Funding for Fiscal 
     Year 2008.--Notwithstanding any other provision of law, if 
     funds are appropriated under any law (other than this Act) to 
     provide allotments to States under title XXI of the Social 
     Security Act for all (or any portion) of fiscal year 2008--
       (1) any amounts that are so appropriated that are not so 
     allotted and obligated before the date of the enactment of 
     this Act are rescinded; and
       (2) any amount provided for such title XXI allotments to a 
     State under this Act (and the amendments made by this Act) 
     for such fiscal year shall be reduced by the amount of such 
     appropriations so allotted and obligated before such date.
                                 ______
                                 
      By Mr. REED:
  S. 2153. A bill to amend the Truth in Lending Act to enhance 
disclosure of the terms of home mortgage loans, and for other purposes; 
to the Committee on Banking, Housing, and Urban Affairs.
  Mr. REED. Mr. President, today I introduce the Mortgage Disclosure 
Improvement Act of 2007. This bill will improve the loan disclosures 
given to homebuyers not only when they apply for a mortgage, but also 
when they refinance their home.
  As we are all too aware, the percentage of loans entering foreclosure 
is at its highest level in 55 years. According to RealtyTrac, there 
were 1.2 million foreclosures reported nationwide last year, up 42 
percent from 2005. Many of these Americans going into foreclosure took 
out exotic adjustable rate and payment option loans which are now 
resetting to new, much higher monthly payments. Many of these consumers 
never understood how these loan products worked or how high their 
payments would be once these loans reset.
  The Mortgage Disclosure Improvement Act of 2007 would for the first 
time require that the maximum payment that a consumer has to make on a 
mortgage be disclosed, not only at application, but also 7 days before 
closing. If these disclosures are not made or are made inaccurately, 
then lenders will be subject to statutory damages. In addition to 
requiring lenders to disclose the maximum payment under the loan, they 
will now have to provide consumers who apply for adjustable rate or 
variable payment loans with a warning that the payments will change, 
depending on the interest rate.
  In addition, this bill would require lenders to give firm disclosure 
regarding the terms of the mortgage not only within three days of 
application for the loan, but also at least seven days before closing. 
Lenders also will now need to include a statement that the consumer is 
not obligated on the mortgage loan just because they have received the 
disclosures. This will give consumers the opportunity to truly shop 
around for the best mortgage terms for the first time ever. They will 
be able to compare the payments and costs associated with a certain 
loan product, and decide not to sign on the dotted line if they do not 
like the basic terms of the loan.
  Finally, the bill clarifies that lenders are subject to statutory 
damages for violations of Truth in Lending disclosure provisions, 
increases the damages for mortgage violations from $2,000 to $5,000 per 
violation, and requires that mortgage disclosures be made within the 
stated time frames.
  The increasing rate of foreclosures across the country is troubling. 
Not only are individual families losing their homes and their financial 
nest eggs, but there is a negative ripple effect across communities and 
the economy. Although improved TILA disclosures are only a small part 
of what Congress needs to do in the upcoming year, I believe that 
giving consumers the information they need regarding the maximum 
payments they might have to pay under the terms of a loan is an 
important and vital part of improving the process. Borrowers need to 
better understand the full financial impact of entering into a 
particular loan early in the loan decision process, and also before 
they actually consummate the loan. I hope my colleagues will join me in 
supporting this bill and other efforts to help improve the mortgage 
financing process.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2153

       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 ``Mortgage Disclosure 
     Improvement Act of 2007''.

     SEC. 2. ENHANCED MORTGAGE LOAN DISCLOSURES.

       Section 128(b)(2) of the Truth in Lending Act (15 U.S.C. 
     1638(b)(2)) is amended--
       (1) by inserting ``(A)'' before ``In the'';
       (2) by striking ``a residential mortgage transaction, as 
     defined in section 103(w)'' and inserting ``any extension of 
     credit that is secured by the dwelling of a consumer'';
       (3) by striking ``shall be made in accordance'' and all 
     that follows through ``extended, or'';
       (4) by striking ``If the'' and all that follows through the 
     end of the paragraph and inserting the following:
       ``(B) In the case of an extension of credit that is secured 
     by the dwelling of a consumer, in addition to the other 
     disclosures required by subsection (a), the disclosures 
     provided under this paragraph shall--
       ``(i) state in conspicuous type size and format, the 
     following: `You are not required to complete this agreement 
     merely because you have received these disclosures or signed 
     a loan application.'; and
       ``(ii) be furnished to the borrower not later than 7 
     business days before the date of consummation of the 
     transaction, and at the time of consummation of the 
     transaction, subject to subparagraph (D).
       ``(C) In the case of an extension of credit that is secured 
     by the dwelling of a consumer, under which the annual rate of 
     interest is variable, or with respect to which the regular 
     payments may otherwise be variable, in addition to the other 
     disclosures required by subsection (a), the disclosures 
     provided under this paragraph shall--
       ``(i) label the payment schedule as follows: `Payment 
     Schedule: Payments Will Vary Based on Interest Rate Changes'; 
     and
       ``(ii) state the maximum amount of the regular required 
     payments on the loan, based on the maximum interest rate 
     allowed, introduced with the following language in 
     conspicuous type size and format: `Your payment can go as 
     high as [___]', the blank to be filled in with the maximum 
     possible payment amount.
       ``(D) In any case in which the disclosure statement 
     provided 7 business days before the date of consummation of 
     the transaction contains an annual percentage rate of 
     interest that is no longer accurate, as determined

[[Page 26786]]

     under section 107(c), the creditor shall furnish an 
     additional, corrected statement to the borrower, not later 
     than 3 business days before the date of consummation of the 
     transaction.''.

     SEC. 3. CIVIL LIABILITY.

       Section 130(a) of the Truth in Lending Act (15 U.S.C. 
     1640(a)) is amended--
       (1) in paragraph (2)(A)(iii), by striking ``not less than 
     $200 or greater than $2,000'' and inserting ``$5,000, such 
     amount to be adjusted annually based on the consumer price 
     index, to maintain current value''; and
       (2) in the penultimate sentence of the undesignated matter 
     following paragraph (4)--
       (A) by striking ``only for'' and inserting ``for'';
       (B) by striking ``section 125 or'' and inserting ``section 
     122, section 125,'';
       (C) by inserting ``or section 128(b),''after ``128(a),''; 
     and
       (D) by inserting ``or section 128(b)'' before the period.
                                 ______
                                 
      Mr. BINGAMAN (for himself, Mr. Domenici, Ms. Cantwell, and Mr. 
        Johnson):
  S. 2156. A bill to authorize and facilitate the improvement of water 
management by the Bureau of Reclamation, to require the Secretary of 
the Interior and the Secretary of Energy to increase the acquisition 
and analysis of water resources for irrigation, hydroelectric power, 
municipal, and environmental uses, and for other purposes; to the 
Committee on Energy and Natural Resources.
  Mr. BINGAMAN. Mr. President, today I am introducing a bill entitled 
the SECURE Water Act, Science and Engineering to Comprehensively 
Understand and Responsibly Enhance Water Act to address some of the 
serious water-related challenges facing this country. My colleagues 
Senator Domenici, Senator Cantwell, and Senator Johnson are 
cosponsoring this measure and I am pleased to have their support.
  Water resource issues are putting State and local water managers to 
the test in all areas of the country. In the western U.S., these 
challenges are exacerbated due to drought, population increases, 
environmental needs, and climate change, all of which are affecting the 
sustainability of water supplies. Much needs to be done to ensure that 
sufficient quantities of water of adequate quality are available to 
meet the basic needs of our citizens, as well as sustaining important 
economic and environmental uses.
  As the intense competition for limited water supplies increases, more 
refined water management strategies are necessary. One way to improve 
in this area is to improve the nationwide data collection and 
monitoring activities associated with water. The SECURE Water Act will 
do this by requiring an expansion of the National Streamflow 
Information Program and the development of a systematic groundwater 
monitoring program. The bill also directs the U.S. Geological Survey to 
formally establish a water use and availability assessment program 
consistent with recommendations made by the National Research Council. 
Better data will lead to better modeling and improved decisionmaking by 
State, local, and Federal water managers.
  Another area needing more attention concerns the impacts of global 
climate change on water resources. Already well-documented is the fact 
that increasing temperatures are resulting in less snowpack and more 
rain in many regions, and changing the timing of snow-melt runoff. 
Moreover, at a recent hearing on climate change and water held by the 
Energy and Natural Resources Committee, the USGS indicated that current 
climate models are also projecting a long-term drying trend in the 
Southwest--the fastest growing region in the country. Fully 
understanding and adapting to these long-term impacts is imperative to 
the health and well-being of many communities. The SECURE Water Act 
directs the Secretary of the Interior to establish an Intra-
Governmental Panel to help make the link between the scientific 
community and water managers to improve water availability forecasts 
and to implement adaptation strategies. The bill also requires the 
Bureau of Reclamation to initiate a climate change adaptation program 
to develop strategies and conduct feasibility studies to address water 
shortages, conflicts, and other impacts to water users and the 
environment. In addition, both Reclamation and the Department of Energy 
are directed to assess the effects of climate change on the water 
supplies needed for hydropower production, which represents the source 
of at least 7 percent of the Nation's electricity supply.
  Finally, the SECURE Water Act recognizes that promoting the efficient 
use of water is critical to respond to any of the threats that may 
impact available supplies. Accordingly, the Bureau of Reclamation is 
authorized to provide financial assistance to States, tribes, and local 
entities to construct improvements or take actions to increase water-
use efficiencies that respond to drought, climate change, or other 
water-related crises.
  Of course, States bear the primary responsibility and authority for 
managing water resources in this country. Nonetheless, given the 
reality that adequate and safe water supplies are fundamental to the 
health, economy, and ecology of the United States, it is imperative 
that the Federal government be a strong partner in assisting State and 
local communities to address present and future water supply 
challenges. The SECURE Water Act was developed with this strong 
partnership in mind. I look forward to starting the dialogue on this 
important legislation and hope that my colleagues will ultimately 
support its enactment.
  Thank you for the opportunity to make these remarks. 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. 2156

       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 ``Science 
     and Engineering to Comprehensively Understand and Responsibly 
     Enhance Water Act'' or the ``SECURE Water Act''.
       (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. Climate change adaptation program.
Sec. 5. Water management improvement.
Sec. 6. Hydroelectric power assessment.
Sec. 7. Climate change and water intragovernmental panel.
Sec. 8. Water data enhancement by United States Geological Survey.
Sec. 9. Water use and availability assessment program.
Sec. 10. Effect.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) adequate and safe supplies of water are fundamental to 
     the health, economy, security, and ecology of the United 
     States;
       (2) systematic data-gathering with respect to, and research 
     and development of, the water resources of the United States 
     will help ensure the continued existence of sufficient 
     quantities of water to support--
       (A) increasing populations;
       (B) economic growth;
       (C) irrigated agriculture;
       (D) energy production; and
       (E) the protection of aquatic ecosystems;
       (3) global climate change poses a significant challenge to 
     the protection and use of the water resources of the United 
     States due to an increased uncertainty with respect to the 
     timing, form, and geographical distribution of precipitation, 
     which may have a substantial effect on the supplies of water 
     for agricultural, hydroelectric power, industrial, domestic 
     supply, and environmental needs;
       (4) although States bear the primary responsibility and 
     authority for managing the water resources of the United 
     States, the Federal Government should support the States, as 
     well as regional, local, and tribal governments, by carrying 
     out--
       (A) nationwide data collection and monitoring activities;
       (B) relevant research; and
       (C) activities to increase the efficiency of the use of 
     water in the United States;
       (5) Federal agencies that conduct water management and 
     related activities have a responsibility--
       (A) to take a lead role in assessing risks to the water 
     resources of the United States (including risks posed by 
     global climate change); and
       (B) to develop strategies--
       (i) to mitigate the potential impacts of each risk 
     described in subparagraph (A); and
       (ii) to help ensure that the long-term water resources 
     management of the United States is sustainable and will 
     ensure sustainable quantities of water;
       (6) it is critical to continue and expand research and 
     monitoring efforts--
       (A) to improve the understanding of the variability of the 
     water cycle; and
       (B) to provide basic information necessary--

[[Page 26787]]

       (i) to manage and efficiently use the water resources of 
     the United States; and
       (ii) to identify new supplies of water that are capable of 
     being reclaimed; and
       (7) the study of water use is vital--
       (A) to the understanding of the impacts of human activity 
     on water and ecological resources; and
       (B) to the assessment of whether available surface and 
     groundwater supplies will be available to meet the future 
     needs of the United States.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the National Oceanic and Atmospheric 
     Administration.
       (2) Advisory committee.--The term ``Advisory Committee'' 
     means the National Advisory Committee on Water Information 
     established--
       (A) under the Office of Management and Budget Circular 92-
     01; and
       (B) to coordinate water data collection activities.
       (3) Assessment program.--The term ``assessment program'' 
     means the water availability and use assessment program 
     established by the Secretary under section 9(a).
       (4) Climate division.--The term ``climate division'' means 
     1 of the 359 divisions in the United States that represents 2 
     or more regions located within a State that are as 
     climatically homogeneous as possible, as determined by the 
     Administrator.
       (5) Commissioner.--The term ``Commissioner'' means the 
     Commissioner of Reclamation.
       (6) Director.--The term ``Director'' means the Director of 
     the United States Geological Survey.
       (7) Eligible applicant.--The term ``eligible applicant'' 
     means any State, Indian tribe, irrigation district, water 
     district, or other organization with water delivery 
     authority.
       (8) Federal power marketing administration.--The term 
     ``Federal Power Marketing Administration'' means--
       (A) the Bonneville Power Administration;
       (B) the Southeastern Power Administration;
       (C) the Southwestern Power Administration; and
       (D) the Western Area Power Administration.
       (9) Hydrologic accounting unit.--The term ``hydrologic 
     accounting unit'' means 1 of the 352 river basin hydrologic 
     accounting units used by the United States Geological Survey.
       (10) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b).
       (11) Major aquifer system.--The term ``major aquifer 
     system'' means a groundwater system that is--
       (A) identified as a significant groundwater system by the 
     Director; and
       (B) included in the Groundwater Atlas of the United States, 
     published by the United States Geological Survey.
       (12) Major reclamation river basin.--
       (A) In general.--The term ``major reclamation river basin'' 
     means each major river system (including tributaries)--
       (i) that is located in a service area of the Bureau of 
     Reclamation; and
       (ii) at which is located a federally authorized project of 
     the Bureau of Reclamation.
       (B) Inclusions.--The term ``major reclamation river basin'' 
     includes--
       (i) the Colorado River;
       (ii) the Columbia River;
       (iii) the Klamath River;
       (iv) the Missouri River;
       (v) the Rio Grande;
       (vi) the Sacramento River;
       (vii) the San Joaquin River; and
       (viii) the Truckee River.
       (13) Non-federal participant.--The term ``non-Federal 
     participant'' means--
       (A) a State, regional, or local authority;
       (B) an Indian tribe or tribal organization; or
       (C) any other qualifying entity, such as a water 
     conservation district, water conservancy district, or rural 
     water district or association, or a nongovernmental 
     organization.
       (14) Panel.--The term ``panel'' means the climate change 
     and water intragovernmental panel established by the 
     Secretary under section 7(a).
       (15) Program.--The term ``program'' means the regional 
     integrated sciences and assessments program--
       (A) established by the Administrator; and
       (B) that is comprised of 8 regional programs that use 
     advances in integrated climate sciences to assist 
     decisionmaking processes.
       (16) Secretary.--
       (A) In general.--Except as provided in subparagraph (B), 
     the term ``Secretary'' means the Secretary of the Interior.
       (B) Exceptions.--The term ``Secretary'' means--
       (i) in the case of section 4, the Secretary of the Interior 
     (acting through the Commissioner); and
       (ii) in the case of sections 8 and 9, the Secretary of the 
     Interior (acting through the Director).
       (17) Service area.--The term ``service area'' means any 
     area that encompasses a watershed that contains a federally 
     authorized reclamation project that is located in any State 
     or area described in the first section of the Act of June 17, 
     1902 (43 U.S.C. 391).

     SEC. 4. CLIMATE CHANGE ADAPTATION PROGRAM.

       (a) In General.--The Secretary shall establish a climate 
     change adaptation program--
       (1) to assess each effect of, and risk resulting from, 
     global climate change with respect to the quantity of water 
     resources located in a service area; and
       (2) to ensure, to the maximum extent possible, that 
     strategies are developed to address potential water 
     shortages, conflicts, and other impacts to water users 
     located at, and the environment of, each service area.
       (b) Required Elements.--In carrying out the program 
     described in subsection (a), the Secretary shall--
       (1) consult with the United States Geological Survey, the 
     National Oceanic and Atmospheric Administration, the program, 
     and each appropriate State water resource agency, to ensure 
     that the Secretary has access to the best available 
     scientific information with respect to presently observed and 
     projected future impacts of global climate change on water 
     resources;
       (2) assess specific risks to the water supply of each major 
     reclamation river basin, including any risk relating to--
       (A) a change in snowpack;
       (B) the timing of runoff; and
       (C) any increase in--
       (i) the demand for water as a result of increasing 
     temperatures; and
       (ii) the rate of reservoir evaporation;
       (3) with respect to each major reclamation river basin, 
     analyze the extent to which changes in the water supply of 
     the United States will impact--
       (A) the ability of the Secretary to deliver water to the 
     contractors of the Secretary;
       (B) hydroelectric power generation facilities;
       (C) recreation at reclamation facilities;
       (D) fish and wildlife habitat;
       (E) applicable species listed as an endangered, threatened, 
     or candidate species under the Endangered Species Act of 1973 
     (16 U.S.C. 1531 et seq.); and
       (F) water quality issues (including salinity levels of each 
     major reclamation river basin);
       (4) in consultation with appropriate non-Federal 
     participants, consider and develop appropriate strategies to 
     mitigate each impact of water supply changes analyzed by the 
     Secretary under paragraph (3), including strategies relating 
     to--
       (A) the modification of any reservoir storage or operating 
     guideline in existence as of the date of enactment of this 
     Act;
       (B) the development of new water management, operating, or 
     habitat restoration plans;
       (C) water conservation;
       (D) improved hydrologic models and other decision support 
     systems; and
       (E) groundwater and surface water storage needs; and
       (5) in consultation with the Director, the Administrator, 
     the Secretary of Agriculture (acting through the Chief of the 
     Natural Resources Conservation Service), and applicable State 
     water resource agencies, develop a monitoring plan to acquire 
     and maintain water resources data--
       (A) to strengthen the understanding of water supply trends; 
     and
       (B) to assist in each assessment and analysis conducted by 
     the Secretary under paragraphs (2) and (3).
       (c) Reporting.--Not later than 1 year after the date of 
     enactment of this Act, and every 5 years thereafter, the 
     Secretary shall submit to the appropriate committees of 
     Congress a report that describes--
       (1) each effect of, and risk resulting from, global climate 
     change with respect to the quantity of water resources 
     located in each major reclamation river basin;
       (2) the impact of global climate change with respect to the 
     operations of the Secretary in each major reclamation river 
     basin;
       (3) each mitigation and adaptation strategy considered and 
     implemented by the Secretary to address each effect of global 
     climate change described in paragraph (1);
       (4) each coordination activity conducted by the Secretary 
     with--
       (A) the Director;
       (B) the Administrator;
       (C) the Secretary of Agriculture (acting through the Chief 
     of the Natural Resources Conservation Service); or
       (D) any appropriate State water resource agency; and
       (5) the implementation by the Secretary of the monitoring 
     plan developed under subsection (b)(5).
       (d) Feasibility Studies.--
       (1) Authority of secretary.--The Secretary, in cooperation 
     with any non-Federal participant, may conduct 1 or more 
     studies to determine the feasibility of implementing each 
     mitigation and adaptation strategy described in subsection 
     (c)(3), including the construction of any water supply, water

[[Page 26788]]

     management, environmental, or habitat enhancement water 
     infrastructure that the Secretary determines to be necessary 
     to address the effects of global climate change on water 
     resources located in each major reclamation river basin.
       (2) Cost sharing.--
       (A) Federal share.--
       (i) In general.--Except as provided in clause (ii), the 
     Federal share of the cost of a study described in paragraph 
     (1) shall not exceed 50 percent of the cost of the study.
       (ii) Exception relating to financial hardship.--The 
     Secretary may increase the Federal share of the cost of a 
     study described in paragraph (1) to exceed 50 percent of the 
     cost of the study if the Secretary determines that, due to a 
     financial hardship, the non-Federal participant of the study 
     is unable to contribute an amount equal to 50 percent of the 
     cost of the study.
       (B) Non-federal share.--The non-Federal share of the cost 
     of a study described in paragraph (1) may be provided in the 
     form of any in-kind services that substantially contribute 
     toward the completion of the study, as determined by the 
     Secretary.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section for each of fiscal years 2008 through 2022, to 
     remain available until expended.

     SEC. 5. WATER MANAGEMENT IMPROVEMENT.

       (a) Authorization of Grants and Cooperative Agreements.--
       (1) Authority of secretary.--The Secretary may provide any 
     grant to, or enter into any cooperative agreement with, any 
     eligible applicant to assist the eligible applicant in 
     planning, designing, or constructing any improvement--
       (A) to conserve water;
       (B) to increase water use efficiency;
       (C) to facilitate water markets;
       (D) to enhance water management; or
       (E) to carry out any other activity--
       (i) to address any climate-related impact to the water 
     supply of the United States; or
       (ii) to prevent any water-related crisis or conflict at any 
     watershed that has a nexus to a Federal reclamation project 
     located in a service area.
       (2) Application.--To be eligible to receive a grant, or 
     enter into a cooperative agreement with the Secretary under 
     paragraph (1), an eligible applicant shall submit to the 
     Secretary an application that includes a proposal of the 
     improvement to be planned, designed, constructed, or 
     implemented by the eligible applicant.
       (3) Requirements of grants and cooperative agreements.--
       (A) Compliance with requirements.--Each grant and 
     cooperative agreement entered into by the Secretary with any 
     eligible applicant under paragraph (1) shall be in compliance 
     with each requirement described in subparagraphs (B) through 
     (F).
       (B) Certain improvements or activities relating to 
     agricultural operations.--In carrying out paragraph (1), the 
     Secretary shall not provide a grant to, or enter into a 
     cooperative agreement with, an eligible applicant to provide 
     financial assistance for an improvement to conserve water 
     with respect to an agricultural operation unless the 
     Secretary first determines that the improvement will result 
     in a net savings in groundwater or surface water resources in 
     the agricultural operation of the eligible applicant.
       (C) Nonreimbursable funds.--Any funds provided by the 
     Secretary to an eligible applicant through a grant or 
     cooperative agreement under paragraph (1) shall be 
     nonreimbursable.
       (D) Title to improvements.--If an infrastructure 
     improvement to a facility under the jurisdiction of a Federal 
     agency is the subject of a grant or a cooperative agreement 
     entered into between the Secretary and an eligible applicant 
     under paragraph (1), the Federal Government shall hold title 
     to the improvement of the facility.
       (E) Cost sharing.--
       (i) Federal share.--The Federal share of the cost of any 
     infrastructure improvement or activity that is the subject of 
     a grant or a cooperative agreement entered into between the 
     Secretary and an eligible applicant under paragraph (1) shall 
     not exceed 50 percent of the cost of the infrastructure 
     improvement or activity.
       (ii) Calculation of non-federal share.--In calculating the 
     non-Federal share of the cost of an infrastructure 
     improvement or activity proposed by an eligible applicant 
     through an application submitted by the eligible applicant 
     under paragraph (2), the Secretary shall--

       (I) consider the value of any in-kind services that 
     substantially contributes toward the completion of the 
     improvement or activity, as determined by the Secretary; and
       (II) not consider any other amount that the eligible 
     applicant receives from a Federal agency.

       (iii) Maximum amount.--The amount provided to an eligible 
     applicant through a grant or cooperative agreement under 
     paragraph (1) shall be not more than $5,000,000.
       (iv) Operation and maintenance costs.--The non-Federal 
     share of the cost of operating and maintaining any 
     infrastructure improvement that is the subject of a grant or 
     a cooperative agreement entered into between the Secretary 
     and an eligible applicant under paragraph (1) shall be 100 
     percent.
       (F) Liability.--
       (i) In general.--Except as provided in clause (ii), the 
     United States shall not be liable for monetary damages of any 
     kind for any injury arising out of an act, omission, or 
     occurrence that arises in relation to any facility created or 
     improved under this section, the title of which is not held 
     by the United States.
       (ii) Exception.--Clause (i) shall not apply to liability 
     for monetary damages resulting from an injury caused by any 
     act of negligence committed by the United States (or by any 
     officer, employee, or agent of the United States) that arises 
     in relation to any facility created or improved under this 
     section, the title of which is not held by the United States.
       (iii) Tort claims act.--Nothing in this section increases 
     the liability of the United States beyond that provided in 
     chapter 171 of title 28, United States Code.
       (b) Research Agreements.--
       (1) Authority of secretary.--The Secretary may enter into 1 
     or more cooperative agreements with any university, nonprofit 
     research institution, or organization with water or power 
     delivery authority to fund any research activity that is 
     designed--
       (A) to conserve water resources;
       (B) to increase the efficiency of the use of water 
     resources; or
       (C) to enhance the management of water resources.
       (2) Terms and conditions of secretary.--A cooperative 
     agreement entered into between the Secretary and any 
     university, institution, or organization described in 
     paragraph (1) shall be subject to such terms and conditions 
     as the Secretary determines to be appropriate.
       (c) Mutual Benefit.--Grants or cooperative agreements made 
     under this section may be for the mutual benefit of the 
     United States and the entity that is provided the grant or 
     enters into the cooperative agreement.
       (d) Relationship to Project-Specific Authority.--This 
     section shall not supersede any existing project-specific 
     funding authority.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $100,000,000, to 
     remain available until expended.

     SEC. 6. HYDROELECTRIC POWER ASSESSMENT.

       (a) Duty of Secretary of Energy.--The Secretary of Energy, 
     in consultation with the Administrator of each Federal Power 
     Marketing Administration, shall assess each effect of, and 
     risk resulting from, global climate change with respect to 
     water supplies that are required for the generation of 
     hydroelectric power at each Federal water project that is 
     applicable to a Federal Power Marketing Administration.
       (b) Access to Appropriate Data.--
       (1) In general.--In carrying out each assessment under 
     subsection (a), the Secretary of Energy shall consult with 
     the United States Geological Survey, the National Oceanic and 
     Atmospheric Administration, the program, and each appropriate 
     State water resource agency, to ensure that the Secretary of 
     Energy has access to the best available scientific 
     information with respect to presently observed impacts and 
     projected future impacts of global climate change on water 
     supplies that are used to produce hydroelectric power.
       (2) Access to data for certain assessments.--In carrying 
     out each assessment under subsection (a), with respect to the 
     Bonneville Power Administration and the Western Area Power 
     Administration, the Secretary of Energy shall consult with 
     the Commissioner to access data and other information that--
       (A) is collected by the Commissioner; and
       (B) the Secretary of Energy determines to be necessary for 
     the conduct of the assessment.
       (c) Report.--Not later than 2 years after the date of 
     enactment of this Act, and every 5 years thereafter, the 
     Secretary of Energy shall submit to the appropriate 
     committees of Congress a report that describes--
       (1) each effect of, and risk resulting from, global climate 
     change with respect to--
       (A) water supplies used for hydroelectric power generation; 
     and
       (B) power supplies marketed by each Federal Power Marketing 
     Administration, pursuant to--
       (i) long-term power contracts;
       (ii) contingent capacity contracts; and
       (iii) short-term sales; and
       (2) each recommendation of the Administrator of each 
     Federal Power Marketing Administration relating to any change 
     in any operation or contracting practice of each Federal 
     Power Marketing Administration to address each effect and 
     risk described in paragraph (1), including the use of 
     purchased power to meet long-term commitments of each Federal 
     Power Marketing Administration.
       (d) Costs Nonreimbursable.--Any costs incurred by the 
     Secretary of Energy in carrying out this section shall be 
     nonreimbursable.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section for each of fiscal years 2008 through 2022, to 
     remain available until expended.

[[Page 26789]]



     SEC. 7. CLIMATE CHANGE AND WATER INTRAGOVERNMENTAL PANEL.

       (a) Establishment.--The Secretary shall establish and lead 
     a climate change and water intragovernmental panel--
       (1) to review the current scientific understanding of each 
     impact of global climate change on the water resources of the 
     United States; and
       (2) to develop any strategy that the panel determines to be 
     necessary to improve observational capabilities and expand 
     data acquisition to increase the reliability and accuracy of 
     modeling and prediction systems to benefit water managers at 
     the Federal, State, and local levels.
       (b) Membership.--The panel shall be comprised of--
       (1) the Secretary;
       (2) the Director;
       (3) the Administrator;
       (4) the Secretary of Agriculture (acting through the Chief 
     of the Natural Resources Conservation Service);
       (5) the Commissioner; and
       (6) the Chief of Engineers.
       (c) Review Elements.--In conducting the review and 
     developing the strategy under subsection (a), the panel shall 
     consult with State water resource agencies, the Advisory 
     Committee, and relevant water user, environmental, and other 
     nongovernmental organizations--
       (1) to assess the extent to which the conduct of measures 
     of streamflow, groundwater levels, soil moisture, 
     evapotranspiration rates, evaporation rates, snowpack levels, 
     precipitation amounts, and glacier mass is necessary to 
     improve the understanding of the Federal Government and the 
     States with respect to each impact of global climate change 
     on water resources;
       (2) to identify data gaps in current water monitoring 
     networks that must be addressed to improve the capability of 
     the Federal Government and the States to measure, analyze, 
     and predict changes to water resources that are directly or 
     indirectly affected by global climate change;
       (3) to establish data management and communication 
     protocols and standards to increase the quality and 
     efficiency by which each Federal agency acquires and reports 
     relevant data;
       (4) to consider options for the establishment of a data 
     portal to enhance access to water resource data--
       (A) relating to each nationally significant watershed and 
     aquifer located in the United States; and
       (B) that is collected by each Federal agency and any other 
     public or private entity for each nationally significant 
     watershed and aquifer located in the United States;
       (5) to expand, and integrate each initiative of the panel 
     with, to the maximum extent possible, any interagency 
     initiative in existence as of the date of enactment of this 
     Act, including--
       (A) the national integrated drought information system of 
     the National Oceanic and Atmospheric Administration; and
       (B) the advanced hydrologic prediction service of the 
     National Weather Service;
       (6) to facilitate the development of hydrologic models to 
     integrate data that reflects groundwater and surface water 
     interactions;
       (7) to apply the hydrologic models developed under 
     paragraph (6) to water resource management problems 
     identified by the panel; and
       (8) to consider the need for, and the development of, 
     mechanisms to effectively combine global climate models, 
     regional climate models, and hydrologic models to produce 
     water resource information to assist water managers at the 
     Federal, State, and local levels in the development of 
     adaptation strategies that can be incorporated into long-term 
     water management decisions.
       (d) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to the 
     appropriate committees of Congress a report that describes 
     the review conducted, and the strategy developed, by the 
     panel under subsection (a).
       (e) Demonstration, Research, and Methodology Development 
     Projects.--
       (1) Authority of secretary.--The Secretary, in consultation 
     with the panel and the Advisory Committee, may provide grants 
     to, or enter into any contract, cooperative agreement, 
     interagency agreement, or other transaction with, an 
     appropriate entity to carry out any demonstration, research, 
     or methodology development project that the Secretary 
     determines to be necessary to assist in the implementation of 
     the strategy developed by the panel under subsection (a)(2).
       (2) Requirements.--
       (A) Maximum amount of federal share.--The Federal share of 
     the cost of any demonstration, research, or methodology 
     development project that is the subject of any grant, 
     contract, cooperative agreement, interagency agreement, or 
     other transaction entered into between the Secretary and an 
     appropriate entity under paragraph (1) shall not exceed 
     $1,000,000.
       (B) Report.--An appropriate entity that receives funds from 
     a grant, contract, cooperative agreement, interagency 
     agreement, or other transaction entered into between the 
     Secretary and the appropriate entity under paragraph (1) 
     shall submit to the Secretary a report describing the results 
     of the demonstration, research, or methodology development 
     project conducted by the appropriate entity.
       (f) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     carry out subsections (a) through (d) $2,000,000 for each of 
     fiscal years 2008 and 2009, to remain available until 
     expended.
       (2) Demonstration, research, and methodology development 
     projects.--There is authorized to be appropriated to carry 
     out subsection (e) $10,000,000 for the period of fiscal years 
     2008 through 2012, to remain available until expended.

     SEC. 8. WATER DATA ENHANCEMENT BY UNITED STATES GEOLOGICAL 
                   SURVEY.

       (a) National Streamflow Information Program.--
       (1) In general.--The Secretary shall conduct a review of 
     the national streamflow information program, including a 
     review of--
       (A) each Federal objective with respect to the 
     establishment of a national streamgaging network; and
       (B) each geographic information-based method that the 
     Secretary used to select sites to achieve each objective 
     reviewed under subparagraph (A).
       (2) Requirements.--In conducting the national streamflow 
     information program, the Secretary shall--
       (A) measure streamflow and related environmental variables 
     in nationally significant watersheds--
       (i) in a reliable and continuous manner; and
       (ii) to develop a comprehensive source of information on 
     which public and private decisions relating to the management 
     of water resources may be based;
       (B) provide for a better understanding of hydrologic 
     extremes (including floods and droughts) through the conduct 
     of intensive data collection activities during and following 
     hydrologic extremes;
       (C) establish a base network that provides resources that 
     are necessary for--
       (i) the monitoring of long-term changes in streamflow; and
       (ii) the conduct of assessments to determine the extent to 
     which each long-term change monitored under clause (i) is 
     related to global climate change;
       (D) integrate the national streamflow information program 
     with data collection activities of Federal agencies and 
     appropriate State water resource agencies (including the 
     national drought information system)--
       (i) to enhance the comprehensive understanding of water 
     availability;
       (ii) to identify any data gap with respect to water 
     resources; and
       (iii) to improve hydrologic forecasting; and
       (E) incorporate principles of adaptive management in the 
     conduct of periodic reviews of information collected under 
     the national streamflow information program to assess whether 
     the objectives of the national streamflow information program 
     are being adequately addressed.
       (3) Improved methodologies.--The Secretary shall--
       (A) improve methodologies relating to the analysis and 
     delivery of data; and
       (B) investigate, develop, and implement new methodologies 
     and technologies to estimate or measure streamflow in a more 
     cost-efficient manner.
       (4) Measurement goal.--
       (A) In general.--Not later than 10 years after the date of 
     enactment of this Act, in accordance with subparagraph (B), 
     the Secretary shall increase the number of sites measured 
     under the national streamflow information program to a 
     quantity of not less than 4,700 sites.
       (B) Requirements of sites.--Each site described in 
     subparagraph (A) shall be--
       (i) located in a nationally significant watershed, as 
     determined by the Secretary; and
       (ii) measured by a streamgage or any other effective means 
     implemented by the Secretary.
       (5) Federal share.--The Federal share of the national 
     streamgaging network established pursuant to this subsection 
     shall be 100 percent of the cost of carrying out the national 
     streamgaging network.
       (6) Authorization of appropriations.--
       (A) In general.--Except as provided in subparagraph (B), 
     there are authorized to be appropriated such sums as are 
     necessary to carry out this subsection for the period of 
     fiscal years 2008 through 2022, to remain available until 
     expended.
       (B) Achievement of measurement goal.--There is authorized 
     to be appropriated to carry out paragraph (4) $7,500,000 for 
     each of fiscal years 2008 through 2018, to remain available 
     until expended.
       (b) National Groundwater Resources Monitoring.--
       (1) In general.--The Secretary shall develop a systematic 
     groundwater monitoring program for each major aquifer system 
     located in the United States.
       (2) Program elements.--In developing the monitoring program 
     described in paragraph (1), the Secretary shall--
       (A) establish appropriate criteria for monitoring wells to 
     ensure the acquisition of long-term, high-quality data sets, 
     including, to the maximum extent possible, the inclusion of 
     real-time instrumentation and reporting;

[[Page 26790]]

       (B) in coordination with the Advisory Committee and State 
     and local water resource agencies--
       (i) assess the current scope of groundwater monitoring 
     based on the access availability and capability of each 
     monitoring well in existence as of the date of enactment of 
     this Act; and
       (ii) develop and carry out a monitoring plan that maximizes 
     coverage for each major aquifer system that is located in the 
     United States; and
       (C) prior to initiating any specific monitoring activities 
     within a State after the date of enactment of this Act, 
     consult and coordinate with the applicable State water 
     resource agency with jurisdiction over the aquifer that is 
     the subject of the monitoring activities, and comply with all 
     applicable laws (including regulations) of the State.
       (3) Program objectives.--In carrying out the monitoring 
     program described in paragraph (1), the Secretary shall--
       (A) provide data that is necessary for the improvement of 
     understanding with respect to surface water and groundwater 
     interactions;
       (B) by expanding the network of monitoring wells to reach 
     each climate division, support the groundwater climate 
     response network to improve the understanding of the effects 
     of global climate change on groundwater recharge and 
     availability; and
       (C) support the objectives of the assessment program.
       (4) Improved methodologies.--The Secretary shall--
       (A) improve methodologies relating to the analysis and 
     delivery of data; and
       (B) investigate, develop, and implement new methodologies 
     and technologies to estimate or measure groundwater recharge, 
     discharge, and storage in a more cost-efficient manner.
       (5) Federal share.--The Federal share of the monitoring 
     program described in paragraph (1) may be 100 percent of the 
     cost of carrying out the monitoring program.
       (6) Priority.--In selecting monitoring activities 
     consistent with the monitoring program described in paragraph 
     (1), the Secretary shall give priority to those activities 
     for which a State or local governmental entity agrees to 
     provide for a substantial share of the cost of establishing 
     or operating a monitoring well or other measuring device to 
     carry out a monitoring activity.
       (7) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this subsection for the period of fiscal years 2008 through 
     2022, to remain available until expended.
       (c) Brackish Groundwater Assessment.--
       (1) Study.--The Secretary, in consultation with State and 
     local water resource agencies, shall conduct a study of 
     available data and other relevant information--
       (A) to identify significant brackish groundwater resources 
     located in the United States; and
       (B) to consolidate any available data relating to each 
     groundwater resource identified under subparagraph (A).
       (2) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall submit to the 
     appropriate committees of Congress a report that includes--
       (A) a description of each--
       (i) significant brackish aquifer that is located in the 
     United States (including 1 or more maps of each significant 
     brackish aquifer that is located in the United States);
       (ii) data gap that is required to be addressed to fully 
     characterize each brackish aquifer described in clause (i); 
     and
       (iii) current use of brackish groundwater that is supplied 
     by each brackish aquifer described in clause (i); and
       (B) a summary of the information available as of the date 
     of enactment of this Act with respect to each brackish 
     aquifer described in subparagraph (A)(i) (including the known 
     level of total dissolved solids in each brackish aquifer).
       (3) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection $3,000,000 
     for the period of fiscal years 2008 through 2009, to remain 
     available until expended.
       (d) Improved Water Estimation, Measurement, and Monitoring 
     Technologies.--
       (1) Authority of secretary.--The Secretary may provide 
     grants to appropriate entities with expertise in water 
     resource data acquisition and reporting--
       (A) to investigate, develop, and implement new 
     methodologies and technologies to estimate or measure water 
     resources data in a cost-efficient manner; and
       (B) to improve methodologies relating to the analysis and 
     delivery of data.
       (2) Priority.--In providing grants to appropriate entities 
     under paragraph (1), the Secretary shall give priority to 
     appropriate entities that propose the development of new 
     methods and technologies for--
       (A) predicting and measuring streamflows;
       (B) estimating changes in the storage of groundwater;
       (C) improving data standards and methods of analysis 
     (including the validation of data entered into geographic 
     information system databases);
       (D) measuring precipitation and potential 
     evapotranspiration;
       (E) developing descriptive and predictive models that take 
     into account groundwater and surface water; and
       (F) water withdrawals, return flows, and consumptive use.
       (3) Cost sharing.--
       (A) Federal share.--The Federal share of the cost of the 
     development of any new method or technology that is the 
     subject of a grant under this subsection shall not exceed the 
     lesser of--
       (i) 50 percent of the cost of the development of the new 
     method or technology; or
       (ii) $500,000.
       (B) Non-federal share.--The non-Federal share of the cost 
     of the development of any new method or technology that is 
     the subject of a grant under this subsection may be provided 
     in the form of any in-kind services that substantially 
     contribute toward the development of any new method or 
     technology, as determined by the Secretary.
       (C) Other federal assistance.--Assistance under this 
     subsection may be in addition to assistance provided by the 
     Federal Government pursuant to other provisions of law.
       (4) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection $5,000,000 
     for each of fiscal years 2008 through 2018.

     SEC. 9. WATER USE AND AVAILABILITY ASSESSMENT PROGRAM.

       (a) Establishment.--The Secretary, in coordination with the 
     Advisory Committee and State and local water resource 
     agencies, shall establish an assessment program to be known 
     as the ``water availability and use assessment program''--
       (1) to provide a more accurate assessment of the status of 
     the water resources of the United States;
       (2) to assist in the determination of the quantity of water 
     that is available for beneficial uses;
       (3) to identify long-term trends in water availability;
       (4) to use each long-term trend described in paragraph (3) 
     to provide a more accurate assessment of the change in the 
     availability of water in the United States; and
       (5) to develop the basis for an improved ability to 
     forecast the availability of water for future economic, 
     energy production, and environmental uses.
       (b) Program Elements.--
       (1) Water use.--In carrying out the assessment program, the 
     Secretary shall conduct any appropriate activity to carry out 
     an ongoing assessment of water use in hydrologic accounting 
     units and major aquifer systems located in the United States, 
     including--
       (A) the maintenance of a comprehensive national water use 
     inventory to enhance the level of understanding with respect 
     to the effects of spatial and temporal patterns of water use 
     on the availability and sustainable use of water resources;
       (B) the incorporation of water use science principles, with 
     an emphasis on applied research and statistical estimation 
     techniques in the assessment of water use;
       (C) the integration of any dataset maintained by any other 
     Federal or State agency into the dataset maintained by the 
     Secretary; and
       (D) a focus on the scientific integration of any data 
     relating to water use, water flow, or water quality to 
     generate relevant information relating to the impact of human 
     activity on water and ecological resources.
       (2) Water availability.--In carrying out the assessment 
     program, the Secretary shall conduct an ongoing assessment of 
     water availability by--
       (A) developing and evaluating nationally consistent 
     indicators that reflect each status and trend relating to the 
     availability of water resources in the United States, 
     including--
       (i) surface water indicators, such as streamflow and 
     surface water storage measures (including lakes, reservoirs, 
     perennial snowfields, and glaciers);
       (ii) groundwater indicators, including groundwater level 
     measurements and changes in groundwater levels due to--

       (I) natural recharge;
       (II) withdrawals;
       (III) saltwater intrusion;
       (IV) mine dewatering;
       (V) land drainage;
       (VI) artificial recharge; and
       (VII) other relevant factors, as determined by the 
     Secretary; and

       (iii) impaired surface water and groundwater supplies that 
     are known, accessible, and used to meet ongoing water 
     demands; and
       (B) maintaining a national database of water availability 
     data that--
       (i) is comprised of maps, reports, and other forms of 
     interpreted data;
       (ii) provides electronic access to the archived data of the 
     national database; and
       (iii) provides for real-time data collection.
       (c) Grant Program.--
       (1) Authority of secretary.--The Secretary may provide 
     grants to State water resource agencies to assist State water 
     resource agencies in--
       (A) developing water use and availability datasets that are 
     integrated with each appropriate dataset developed or 
     maintained by the Secretary; or

[[Page 26791]]

       (B) integrating any water use or water availability dataset 
     of the State water resource agency into each appropriate 
     dataset developed or maintained by the Secretary.
       (2) Criteria.--To be eligible to receive a grant under 
     paragraph (1), a State water resource agency shall 
     demonstrate to the Secretary that the water use and 
     availability dataset proposed to be established or integrated 
     by the State water resource agency--
       (A) is in compliance with each quality and conformity 
     standard established by the Secretary to ensure that the data 
     will be capable of integration with any national dataset; and
       (B) will enhance the ability of the officials of the State 
     of the State water resource agency to carry out each water 
     management and regulatory responsibility of the officials of 
     the State in accordance with each applicable the law of the 
     State.
       (3) Maximum amount.--The amount of a grant provided to a 
     State water resource agency under paragraph (1) shall be an 
     amount not more than $250,000.
       (d) Report.--Not later than January 1, 2010, and every 5 
     years thereafter, the Secretary shall submit to the 
     appropriate committees of Congress a report that provides a 
     detailed assessment of--
       (1) the current availability of water resources in the 
     United States, including--
       (A) historic trends and annual updates of river basin 
     inflows and outflows;
       (B) surface water storage;
       (C) groundwater reserves; and
       (D) estimates of undeveloped potential resources (including 
     saline water and wastewater);
       (2) significant trends affecting water availability, 
     including each documented or projected impact to the 
     availability of water as a result of global climate change;
       (3) the withdrawal and use of surface water and groundwater 
     by various sectors, including--
       (A) the agricultural sector;
       (B) municipalities;
       (C) the industrial sector;
       (D) thermoelectric power generators; and
       (E) hydroelectric power generators;
       (4) significant trends relating to each water use sector, 
     including significant changes in water use due to the 
     development of new energy supplies;
       (5) significant water use conflicts or shortages that have 
     occurred, or are likely to occur; and
       (6) each factor that has caused, or will likely cause, a 
     conflict or shortage described in paragraph (5).
       (e) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     carry out subsections (a), (b), and (d) $20,000,000 for each 
     of fiscal years 2008 through 2022, to remain available until 
     expended.
       (2) Grant program.--There is authorized to be appropriated 
     to carry out subsection (c) $12,500,000 for the period of 
     fiscal years 2008 through 2012, to remain available until 
     expended.

     SEC. 10. EFFECT.

       (a) In General.--Nothing in this Act supersedes or limits 
     any existing authority provided, or responsibility conferred, 
     by any provision of law.
       (b) Effect on State Water Law.--
       (1) In general.--Nothing in this Act preempts or affects 
     any--
       (A) State water law; or
       (B) interstate compact governing water.
       (2) Compliance required.--The Secretary shall comply with 
     applicable State water laws in carrying out this Act.

                          ____________________