[Congressional Record (Bound Edition), Volume 153 (2007), Part 27]
[Senate]
[Pages 36376-36387]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. INHOFE:
  S. 11. A bill to provide liability protection to volunteer pilot 
nonprofit organizations that fly for public benefit and to the pilots 
and staff of such nonprofit organizations, and for other purposes; to 
the Committee on the Judiciary.
  Mr. INHOFE. Mr. President, as one of the Senate's commercially 
licensed pilots, I rise to talk about an issue near and dear to my 
heart--flying. As many in this Chamber know, I love flying and have 
flown thousands of hours, attended the well-known AirVenture aviation 
event in Oshkosh, Wisconsin, each year, and even recreated Wiley Post's 
trip around the world. I have received notable recognition for this 
beloved hobby.
  Today, I am here to acknowledge a group of people who share my love 
of flying--volunteer pilots. Non-profit, charitable associations called 
Volunteer Pilot Organizations, VPOs, provide the resources to help 
these self-sacrificing men and women serve people in need.
  There are approximately 40 to 50 VPO's in the United States ranging 
from small, local groups to large, national associations. Air Charity 
Network, ACN, is the Nation's largest VPO and has seven member 
organizations that collectively serve the entire country and perform 
about 90 percent of all charitable aviation missions in the U.S. ACN's 
volunteer pilots provide free air transportation for people in need of 
specialized medical treatment at distant locations due to family, 
community or national crises. They also step in when commercial air 
service is not available with middle-of-the-night organ transplant 
patient flights, disaster response missions evacuating special needs 
patients, and transport of blood or blood products in emergencies.
  ACN and its more than 8,000 volunteer pilots use their own planes, 
pay for their own fuel, and even take time from their ``day'' jobs to 
serve people in need. These Good Samaritans will provide charitable 
flights for an estimated 24,000 patients this year alone and their 
safety record is phenomenal. In their more than 30 years of service, 
the pilots of ACN have flown over 250,000 missions covering over 80 
million miles and have never had a fatal accident.
  Following the September 11 terrorist attacks, ACN aircraft were the 
first to be approved to fly in disaster-response teams and supplies. 
Similarly, in 2005, ACN pilots flew over 2,600 missions after 
Hurricanes Katrina and Rita, reuniting families torn apart by the 
disaster and relocating them to safe housing. Their service was 
invaluable to the thousands of people they saved during these national 
crises.
  Despite this goodwill, there is a loophole in the law that subjects 
these heroes and charitable organizations to frivolous, costly 
lawsuits. Currently, although volunteer pilots are required to carry 
liability insurance, if they have an accident, the injured party can

[[Page 36377]]

sue for any amount of money--the sky is the limit. It would be up to a 
jury to decide on an amount. If that amount is higher than the 
liability limit on a pilot's insurance, then the pilot is at risk of 
losing their personal investments, home, business and other assets, 
potentially bringing them financial ruin.
  Additionally, the cost of insurance and lack of available non-owned 
aircraft liability insurance for organizations since the terrorist 
attacks of September 11 prevents VPOs from acquiring liability 
protection for their organizations, boards, and staff. Without this 
insurance, if a volunteer pilot were to have an accident using his or 
her own aircraft, everyone connected to the organization could be 
subject to a costly lawsuit, despite the fact that none of those people 
were directly involved with the dispatch of the flight, the pilot's 
decisions, or the aircraft itself.
  Exposure to this type of risk makes it difficult for these 
organizations to recruit and retain volunteer pilots and professional 
staff. It also makes referring medical professionals such as hospitals, 
doctors, nurses, social workers, and disaster agencies like the 
American Red Cross, less likely to tell patients or evacuees that 
charitable medical air transportation is available for fear of a 
liability suit against them. Instead of focusing on serving people with 
medical needs, these organizations are spending considerable time and 
resources averting a lawsuit and recruiting volunteers.
  This is why today I am introducing the Volunteer Pilot Organization 
Protection Act of 2007, which I cosponsored in the last two Congresses, 
to help close this costly loophole. My bill amends the Volunteer 
Protection Act of 1997, VPA, which was intended to increase 
volunteerism in the United States, to include groups such as ACN and 
the American Red Cross in the list of types of organizations that are 
currently exempt from liability. More specifically, it will protect 
volunteer pilot organizations, their boards, paid staff and non-flying 
volunteers from liability should there be an accident. It will also 
provide liability protection for individual volunteer pilots over and 
above the liability insurance that they are currently required to 
carry, as well as liability protection for the referring agencies who 
inform their patients of charitable flight services.
  Similar legislation was introduced in the Senate in the past several 
Congresses and passed overwhelmingly in the House in the 108th Congress 
by a vote of 385-12 and by voice vote in the 109th Congress. Clearly, 
the Volunteer Pilot Organization Protection Act has significant 
support. The companion version, H.R. 2191, was introduced in May by my 
colleague, Congresswoman Thelma Drake, with ten original, bipartisan 
cosponsors.
  My bill will go a long way to help eliminate unnecessary liability 
risk and allow volunteer pilots and the charitable organizations for 
which they fly to concentrate on what they do best--save lives. Please 
join me in supporting the Volunteer Pilot Organization Protection Act 
of 2007.
                                 ______
                                 
      By Mr. LIEBERMAN (for himself, Mr. Smith, Mr. Akaka, Mrs. Boxer, 
        Mr. Brown, Ms. Cantwell, Mr. Cardin, Mrs. Clinton, Mr. Dodd, 
        Mr. Durbin, Mr. Feingold, Mr. Kennedy, Mr. Kerry, Mr. 
        Lautenberg, Mr. Leahy, Mr. Levin, Mrs. Murray, Mr. Obama, Mr. 
        Schumer, Mr. Whitehouse, and Mr. Wyden):
  S. 2521. A bill to provide benefits to domestic partners of Federal 
employees; to the Committee on Homeland Security and Governmental 
Affairs.
  Mr. LIEBERMAN. Mr. President, I rise to urge my colleagues to support 
the domestic Partnership Benefits and Obligations Act of 2007, which my 
good friend from the other side of the aisle, Senator Smith, and I 
introduced last Congress and are introducing again today, along with 19 
other cosponsors.
  This legislation is another step in the process to make the Federal 
Government more competitive in an ever-changing business world. It 
would require the Government to extend employee benefit programs to the 
same-sex domestic partners of Federal employees. It is sound public 
policy and it makes excellent business sense.
  Under our bill, Federal employee and the employee's domestic partner 
would be eligible to participate in health benefits, Family and Medical 
Leave, long-term care, Federal retirement benefits, and other benefits 
to the same extent that married employees and their spouses 
participate. Employees and their partners would also assume the same 
obligations that apply to married employees and their spouses, such as 
anti-nepotism rules and financial disclosure requirements.
  The Federal Government is our Nation's largest employer and should 
lead other employers, rather than lagging behind, in the quest to 
provide equal and fair compensation and benefits to all employees. That 
thousands of Federal workers who have dedicated their careers to public 
service and who live in committed relationships with same-sex domestic 
partners receive fewer protections for their families than those 
married employees is patently unfair and, frankly, makes no economic 
sense.
  Just ask the leaders of more than half of the Fortune 500 companies 
who already extend employee benefit programs to their employees' 
domestic partners. The fact is that most of America's major 
corporations now offer health benefits to employees' domestic partners, 
up from 25 percent in 2000. Overall, more than 9,700 private-sector 
companies provide available benefits to employees' domestic partners, 
as do several hundred State and local governments and colleges and 
universities.
  General Electric, Chevron, Boeing, Texas Instruments, IBM, Raytheon, 
BP, Hospital Corporation of America, Lockheed Martin, Duke Energy 
Corp., and AT&T are among the major employers that have recognized the 
economic benefit of providing for domestic partners. The governments of 
13 States--including, I might add, my home State of Connecticut--and 
about 145 local jurisdictions across the land, as well as multiple 
educational institutions, have joined the trend. They aren't all doing 
this just because it is the right thing to do. They are also doing it 
because it is good business policy.
  Non-federal employers have told surveyors that they extend benefits 
to domestic partners to boost recruitment and retain quality 
employees--as well as to be fair. The Federal Government needs to 
compete against the private sector companies to recruit and retain the 
``best and the brightest,'' to safeguard the Nation by serving in 
essential areas such as homeland security, national defense, and 
environmental protection and to help make sure that American taxpayers 
get their money's worth. The Government will always be at a definite 
disadvantage in competing for and retaining highly qualified personnel 
if it cannot match the domestic-partner benefits programs provided by 
leading non-federal employers.
  Furthermore, coverage of domestic partners adds very little to the 
total cost of providing employee benefits. Based on the experience of 
private companies and State and local governments, the Congressional 
Budget Office has estimated that offering benefits to the same-sex 
domestic partners of Federal employees would increase the cost of those 
programs by less than \1/2\ of 1 percent.
  Our former ambassador to Romania and Dean of the Foreign Service 
Institute recently felt obliged to quit the Foreign Service because the 
State Department does not offer the kind of domestic partnership 
benefits that this bill would provide. Let me read a line from his 
farewell speech. He said, ``. . . I have felt compelled to choose 
between obligations to my partner--who is my family--and service to my 
country. That anyone should have to make that choice is a stain on the 
Secretary's leadership and a shame for this institution and our 
country.''
  Those are powerful and poignant words, and it is a tragedy that a 
loyal and talented public servant--who described the Foreign Service as 
the career he was ``born for . . . what I was

[[Page 36378]]

always meant to do''--felt he had to leave the Service because his 
Federal employee benefits would not enable him to adequately care for 
the needs of his family.
  I call upon my colleagues to express their support for this important 
legislation. It is time for the Federal Government to catch up to the 
private sector, not just to set an example but so that it can compete 
for the most qualified employees and ensure that all of our public 
servants receive fair and equitable treatment. It makes good economic 
and policy senses. It is the right thing to do.
  Mr. President, I ask unanimous consent that the text of the bill and 
a bill summary be printed in the Record.

                                S. 2521

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Domestic Partnership 
     Benefits and Obligations Act of 2007''.

     SEC. 2. BENEFITS TO DOMESTIC PARTNERS OF FEDERAL EMPLOYEES.

       (a) In General.--An employee who has a domestic partner and 
     the domestic partner of the employee shall be entitled to 
     benefits available to, and shall be subject to obligations 
     imposed upon, a married employee and the spouse of the 
     employee.
       (b) Certification of Eligibility.--In order to obtain 
     benefits and assume obligations under this Act, an employee 
     shall file an affidavit of eligibility for benefits and 
     obligations with the Office of Personnel Management 
     identifying the domestic partner of the employee and 
     certifying that the employee and the domestic partner of the 
     employee--
       (1) are each other's sole domestic partner and intend to 
     remain so indefinitely;
       (2) have a common residence, and intend to continue the 
     arrangement;
       (3) are at least 18 years of age and mentally competent to 
     consent to contract;
       (4) share responsibility for a significant measure of each 
     other's common welfare and financial obligations;
       (5) are not married to or domestic partners with anyone 
     else;
       (6) are same sex domestic partners, and not related in a 
     way that, if the 2 were of opposite sex, would prohibit legal 
     marriage in the State in which they reside; and
       (7) understand that willful falsification of information 
     within the affidavit may lead to disciplinary action and the 
     recovery of the cost of benefits received related to such 
     falsification and may constitute a criminal violation.
       (c) Dissolution of Partnership.--
       (1) In general.--An employee or domestic partner of an 
     employee who obtains benefits under this Act shall file a 
     statement of dissolution of the domestic partnership with the 
     Office of Personnel Management not later than 30 days after 
     the death of the employee or the domestic partner or the date 
     of dissolution of the domestic partnership.
       (2) Death of employee.--In a case in which an employee 
     dies, the domestic partner of the employee at the time of 
     death shall receive under this Act such benefits as would be 
     received by the widow or widower of an employee.
       (3) Other dissolution of partnership.--
       (A) In general.--In a case in which a domestic partnership 
     dissolves by a method other than death of the employee or 
     domestic partner of the employee, any benefits received by 
     the domestic partner as a result of this Act shall terminate.
       (B) Exception.--In a case in which a domestic partnership 
     dissolves by a method other than death of the employee or 
     domestic partner of the employee, the former domestic partner 
     of the employee shall be entitled to benefits available to, 
     and shall be subject to obligations imposed upon, a former 
     spouse.
       (d) Stepchildren.--For purposes of affording benefits under 
     this Act, any natural or adopted child of a domestic partner 
     of an employee shall be deemed a stepchild of the employee.
       (e) Confidentiality.--Any information submitted to the 
     Office of Personnel Management under subsection (b) shall be 
     used solely for the purpose of certifying an individual's 
     eligibility for benefits under subsection (a).
       (f) Regulations and Orders.--
       (1) Office of personnel management.--Not later than 6 
     months after the date of enactment of this Act, the Office of 
     Personnel Management shall promulgate regulations to 
     implement section 2 (b) and (c).
       (2) Other executive branch regulations.--Not later than 6 
     months after the date of enactment of this Act, the President 
     or designees of the President shall promulgate regulations to 
     implement this Act with respect to benefits and obligations 
     administered by agencies or other entities of the executive 
     branch.
       (3) Other regulations and orders.--Not later than 6 months 
     after the date of enactment of this Act, each agency or other 
     entity or official not within the executive branch that 
     administers a program providing benefits or imposing 
     obligations shall promulgate regulations or orders to 
     implement this Act with respect to the program.
       (4) Procedure.--Regulations and orders required under this 
     subsection shall be promulgated after notice to interested 
     persons and an opportunity for comment.
       (g) Definitions.--In this Act:
       (1) Benefits.--The term ``benefits'' means--
       (A) health insurance and enhanced dental and vision 
     benefits, as provided under chapters 89, 89A, and 89B of 
     title 5, United States Code;
       (B) retirement and disability benefits and plans, as 
     provided under--
       (i) chapters 83 and 84 of title 5, United States Code;
       (ii) chapter 8 of the Foreign Service Act of 1980 (22 
     U.S.C. 4041 et seq.); and
       (iii) the Central Intelligence Agency Retirement Act of 
     1964 for Certain Employees (50 U.S.C. chapter 38);
       (C) family, medical, and emergency leave, as provided 
     under--
       (i) subchapters III, IV, and V of chapter 63 of title 5, 
     United States Code;
       (ii) the Family and Medical Leave Act of 1993 (29 U.S.C. 
     2601 et seq.), insofar as that Act applies to the Government 
     Accountability Office and the Library of Congress;
       (iii) section 202 of the Congressional Accountability Act 
     of 1995 (2 U.S.C. 1312); and
       (iv) section 412 of title 3, United States Code;
       (D) Federal group life insurance, as provided under chapter 
     87 of title 5, United States Code;
       (E) long-term care insurance, as provided under chapter 90 
     of title 5, United States Code;
       (F) compensation for work injuries, as provided under 
     chapter 81 of title 5, United States Code;
       (G) benefits for disability, death, or captivity, as 
     provided under--
       (i) sections 5569 and 5570 of title 5, United States Code;
       (ii) section 413 of the Foreign Service Act of 1980 (22 
     U.S.C. 3973);
       (iii) part L of title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3796 et seq.), insofar as 
     that part applies to any employee; and
       (H) travel, transportation, and related payments and 
     benefits, as provided under--
       (i) chapter 57 of title 5, United States Code;
       (ii) chapter 9 of the Foreign Service Act of 1980 (22 
     U.S.C. 4081 et seq.); and
       (iii) section 1599b of title 10, United States Code; and
       (I) any other benefit similar to a benefit described under 
     subparagraphs (A) through (H) provided by or on behalf of the 
     United States to any employee.
       (2) Domestic partner.--The term ``domestic partner'' means 
     an adult unmarried person living with another adult unmarried 
     person of the same sex in a committed, intimate relationship.
       (3) Employee.--The term ``employee''--
       (A) means an officer or employee of the United States or of 
     any department, agency, or other entity of the United States, 
     including the President of the United States, the Vice 
     President of the United States, a Member of Congress, or a 
     Federal judge; and
       (B) shall not include a member of the uniformed services.
       (4) Obligations.--The term ``obligations'' means any duties 
     or responsibilities with respect to Federal employment that 
     would be incurred by a married employee or by the spouse of 
     an employee.
       (5) Uniformed services.--The term ``uniformed services'' 
     has the meaning given under section 2101(3) of title 5, 
     United States Code.

     SEC. 3. EFFECTIVE DATE.

       This Act including the amendments made by this Act shall--
       (1) with respect to the provision of benefits and 
     obligations, take effect 6 months after the date of enactment 
     of this Act; and
       (2) apply to any individual who is employed as an employee 
     on or after the date of enactment of this Act.
                                  ____


       Domestic Partnership Benefits and Obligations Act of 2007


                                SUMMARY

       Under the Domestic Partnership Benefits and Obligations Act 
     of 2007, federal employees who have same-sex domestic 
     partners will be entitled to the same employment benefits 
     that are available to married federal employees and their 
     spouses. Federal employees and their domestic partners will 
     also be subject to the same employment-related obligations 
     that are imposed on married employees and their spouses.
       In order to obtain benefits and assume obligations, an 
     employee must file an affidavit of eligibility with the 
     Office of Personnel Management (OPM). The employee must 
     certify that the employee and the employee's same-sex 
     domestic partner have a common residence, share 
     responsibility for each other's welfare and financial 
     responsibilities, are not related by blood, and are living 
     together in a committed intimate relationship. They must also 
     certify that, as each other's sole domestic partner, they 
     intend to remain so indefinitely. If a domestic partnership 
     dissolves, whether by death of the domestic

[[Page 36379]]

     partner or otherwise, the employee must file a statement of 
     dissolution with OPM within 30 days.
       Employees and their domestic partners will have the same 
     benefits as married employees and their spouses under--
       Employee health benefits.
       Retirement and disability plans.
       Family, medical, and emergency leave.
       Group life insurance.
       Long-term care insurance.
       Compensation for work injuries.
       Death, disability, and similar benefits.
       Relocation, travel, and related expenses.
       For purposes of these benefits, any natural or adopted 
     child of the domestic partner will be treated as a stepchild 
     of the employee.
       The employee and the employee's domestic partner will also 
     become subject to the same duties and responsibilities with 
     respect to federal employment that apply to a married 
     employee and the employee's spouse. These will include, for 
     example, anti-nepotism rules and financial disclosure 
     requirements.
       The Act will apply with respect to those federal employees 
     who are employed on the date of enactment or who become 
     employed on or after that date.

  Mr. SMITH. Mr. President, I am very pleased to join my colleague, 
Senator Lieberman, today to introduce legislation that will entitle 
Federal employees with same-sex domestic partners to the same 
employment benefits that are available to married Federal employees and 
their spouses and families. Under the Domestic Partnership Benefits and 
Obligations Act of 2007, employees and their domestic partners would 
have similar access to employee health benefits, retirement, and 
disability plans, family medical and emergency leave, group life and 
long-term care insurance, compensation for work injuries, death and 
disability benefits, and relocation and travel expenses.
  More and more American corporations, as well as State and local 
governments, are offering domestic partner benefits. Approximately half 
of Fortune 500 companies now offer health benefits to employees' 
domestic partners. That is up from 25 percent in 2000. In all, more 
than 9,700 private companies as well as several hundred State and local 
government and universities and colleges offer these benefits.
  Private and governmental employers are offering domestic partner 
benefits for a variety of reasons. Chief among these reasons are 
recruitment and retention of employees. To be competitive, companies 
want to attract and retain the best and the brightest in the workforce 
regardless of their family status. Offering work-life benefits has been 
an important tool to retain valuable employees. In addition, more 
employers providing domestic partner benefits may result in a more 
stable workforce. If an employee's domestic partner has access to 
preventative health care, the employee is less likely to take prolonged 
absences from the job to care for their partner.
  While all these reasons are meritorious, we introduced this 
legislation as a matter of equality. It is just the right thing to do. 
The Federal Government should lead by example and that should start 
with equal treatment of all employees.
  Recently, a top State Department employee and former Ambassador to 
Romania, Michael Guest, announced his decision to leave Government 
service. At his retirement ceremony, Ambassador Guest stated, ``Most 
departing ambassadors use these events to talk about their successes . 
. . But I want to talk about my single failure, the failure that in 
fact is causing me to leave the career that I love.'' The failure which 
Mike spoke of was his inability to convince the Federal Government to 
extend employee benefits to same-sex couples. Because the Federal 
Government does not offer domestic partner benefits, Ambassador Guest 
explained that he ``felt compelled to choose between obligations to my 
partner--who is my family--and service to my country.''
  This legislation will help to ensure that no other Federal employee, 
like Ambassador Guest, will be faced with a similar dilemma--that is, a 
choice between one's family or service to their country.
  Mr. LEAHY. Mr. President, I am proud to cosponsor the Domestic 
Partnership Benefits and Obligations Act of 2007, being introduced 
today by Senators Lieberman and Smith. I cosponsored this legislation 
in the last Congress and I am pleased to do so again.
  This important legislation would provide domestic partners of Federal 
employees the same protections and benefits afforded to spouses of 
Federal employees. These benefits, available for both same and 
opposite-sex domestic partners of Federal employees, would include 
participation in applicable retirement programs, compensation for work 
injuries and insurance benefits, including life, Family and Medical 
Leave and health insurance.
  Equal pay for equal work is a cornerstone of our country's bedrock 
principles, and so too should equal access to important benefits. 
Insurance benefits, work incentives and retirement options comprise a 
significant portion of all employee compensation. By not offering 
domestic partnership benefits to its employees, the Federal government 
is unfairly withholding these valuable options from dedicated employees 
across the country.
  The idea that benefits should be extended to same sex couples has 
become increasingly prevalent in America's largest and most successful 
companies, state and local governments, and in educational 
institutions. Over half of all Fortune 500 companies provide domestic 
partner benefits to their employees, up from just 25 percent in 2000. 
Offering domestic partnership benefits to Federal employees would 
improve the quality of its workforce, demonstrate its commitment to 
fairness and equality for all Americans, and bring the Government in 
line with some of the Nation's largest employers.
  Providing benefits to domestic partners of Federal employees is long 
overdue. It is the right thing to do, it is the sensible step to take 
in the interest of having a fair and consistent policy, and I hope that 
the Senate will act quickly on this important legislation.
                                 ______
                                 
       Mr. ROCKEFELLER (for himself, Mr. Lieberman, and Mr. Kerry):
  S. 2522. A bill to amend the Social Security Act to guarantee 
comprehensive health care coverage for all children born after 2008; to 
the Committee on Finance.
  Mr. ROCKEFELLER. Mr. President, I rise today to introduce an 
important piece of legislation, the MediKids Health Insurance Act of 
2007. This legislation will provide health insurance for every child in 
the U.S. by 2014, regardless of family income. My long-time friend from 
California, Congressman Stark, introduced companion legislation earlier 
this year in the House. He has worked tirelessly to improve access to 
health care for all Americans, and I am pleased to join him once again 
to advocate on behalf of America's children.
  This past year, the majority in Congress made it clear that improving 
health care access for children was a priority. I proudly worked with 
my colleagues in a truly bipartisan fashion to reauthorize and expand 
the Children's Health Insurance Program, CHIP, to meet the serious 
health care needs of children in a very cost-effective manner. This 
legislation, which had the support of Democrats and Republicans in both 
chambers of Congress, would have maintained health insurance coverage 
for the over 6 million children currently enrolled and expanded health 
insurance coverage to an additional 4 million uninsured children. 
Unfortunately, the President, in vetoing this legislation not once, but 
twice, has shown the nation that providing health insurance to children 
is simply not a priority. I am outraged by the President's decision to 
veto this legislation multiple times, but I remain committed to making 
health insurance a reality for all children.
  Congressman Stark and I have introduced our MediKids legislation in 
each of the last four Congresses because we know how vital health 
insurance is to a child. Children with untreated illnesses are more 
likely to miss school, leaving them at a disadvantage both in their 
health and education. Also, parents with sick children must miss work 
to care for them. These factors make it less likely uninsured children 
will move out of poverty and present significant barriers to becoming 
productive members of society. We can have a positive impact on our 
children's lives

[[Page 36380]]

today, as well as tomorrow, by guaranteeing health insurance coverage 
for all. Children are inexpensive to insure, but the rewards for 
providing them with health care during their early education and 
development years are invaluable.
  Despite the well-documented benefits of providing health insurance 
coverage for children, according to the Kaiser Family Foundation, there 
are still over 9 million uninsured children in America. We can and must 
do better. Our children are our future. No child in this country should 
ever be without access to health care. This is why I am proud to 
reintroduce the MediKids Health Insurance Act.
  This legislation is a clear investment in our future--our children. 
Every child would be automatically enrolled at birth into a new, 
comprehensive federal safety net health insurance program beginning in 
2009. The benefits would be tailored to meet the needs of children and 
would be similar to those currently avable to chldren through the 
Medicaid Early and Periodic Screening, Diagnosis, and Treatment, EPSDT, 
program. Families below 150 percent of poverty would pay no premiums or 
copayments, while those between 150 and 300 percent of poverty would 
pay graduated premiums up to 5 percent of income and a graduated 
refundable tax credit for cost sharing. Families above 300 percent of 
poverty would pay a small premium equivalent to \1/4\ of the average 
annual cost per child. There would be no cost sharing for preventive or 
well-child visits for any child.
  MediKids children would remain enrolled in the program throughout 
childhood. When families move to another state, Medikids would be 
available until parents enroll their children in a new insurance 
program. Between jobs or during family crises, Medikids would offer 
extra security and ensure continuous health coverage to our Nation's 
children. During the critical period when a family climbs out of 
poverty and out of the eligibility range for means-tested assistance 
programs, MediKids would fill in the gaps as parents move into jobs 
that provide reliable health insurance coverage. Our program rests on 
the premise that whenever other sources of health insurance fail, 
MediKids would stand ready to cover the health needs of our next 
generation. Ultimately, every child in America would grow up with 
consistent, continuous health insurance coverage.
  Like Medicare, MediKids would be independently financed, would cover 
benefits taylored to the needs of its target population, and would have 
the goal of achieving nearly 100 percent health insurance coverage for 
the children of this country just as Medicare has done for our Nation's 
seniors and individuals with disabilities throughout its more than 40-
year history. When Congress created Medicare in 1965, seniors were more 
likely to be living in poverty than any other age group. Most were 
unable to afford needed medical services and unable to find health 
insurance in the market even if they could afford it. Today, it is our 
Nation's children who shoulder that burden of poverty.
  Children in America are nearly twice as vulnerable to poverty as 
adults. It is time we make a significant investment in the future of 
America by guaranteeing all children the health coverage they need to 
get a healthy start in life.
  Congress cannot rest on the success we achieved by expanding Medicaid 
and passing the Children's Health Insurance Program. Although each was 
a remarkable step toward reducing the ranks of the uninsured, 
particularly uninsured children, we still have a long way to go, as is 
evidenced by the millions of children who are still uninsured.
  It's long past time to rekindle the discussion about how to provide 
health insurance for all Americans. Americans have told us loud and 
clear that they want leadership in solving the health insurance crisis. 
The bill I am introducing today--the MediKids Health Insurance Act of 
2007--is a comprehensive approach toward eliminating the irrational and 
tragic lack of health insurance for so many children in our country. I 
urge my colleagues to support this legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2522

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS; FINDINGS.

       (a) Short Title.--This Act may be cited as the ``MediKids 
     Health Insurance Act of 2007''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents; findings.
Sec. 2. Benefits for all children born after 2008.

                     ``TITLE XXII--MEDIKIDS PROGRAM

``Sec. 2201. Eligibility.
``Sec. 2202. Benefits.
``Sec. 2203. Premiums.
``Sec. 2204. MediKids Trust Fund.
``Sec. 2205. Oversight and accountability.
``Sec. 2206. Inclusion of care coordination services.
``Sec. 2207. Administration and miscellaneous.
Sec. 3. MediKids premium.
Sec. 4. Refundable credit for certain cost-sharing expenses under 
              MediKids program.
Sec. 5. Report on long-term revenues.
       (c) Findings.--Congress finds the following:
       (1) More than 9 million American children are uninsured.
       (2) Children who are uninsured receive less medical care 
     and less preventive care and have a poorer level of health, 
     which result in lifetime costs to themselves and to the 
     entire American economy.
       (3) Although SCHIP and Medicaid are successfully extending 
     a health coverage safety net to a growing portion of the 
     vulnerable low-income population of uninsured children, they 
     alone cannot achieve 100 percent health insurance coverage 
     for our nation's children due to inevitable gaps during 
     outreach and enrollment, fluctuations in eligibility, 
     variations in access to private insurance at all income 
     levels, and variations in States' ability to provide required 
     matching funds.
       (4) As all segments of society continue to become more 
     transient, with many changes in employment over the working 
     lifetime of parents, the need for a reliable safety net of 
     health insurance which follows children across State lines, 
     already a major problem for the children of migrant and 
     seasonal farmworkers, will become a major concern for all 
     families in the United States.
       (5) The medicare program has successfully evolved over the 
     years to provide a stable, universal source of health 
     insurance for the nation's disabled and those over age 65, 
     and provides a tested model for designing a program to reach 
     out to America's children.
       (6) The problem of insuring 100 percent of all American 
     children could be gradually solved by automatically enrolling 
     all children born after December 31, 2008, in a program 
     modeled after Medicare (and to be known as ``MediKids''), and 
     allowing those children to be transferred into other 
     equivalent or better insurance programs, including either 
     private insurance, SCHIP, or Medicaid, if they are eligible 
     to do so, but maintaining the child's default enrollment in 
     MediKids for any times when the child's access to other 
     sources of insurance is lost.
       (7) A family's freedom of choice to use other insurers to 
     cover children would not be interfered with in any way, and 
     children eligible for SCHIP and Medicaid would continue to be 
     enrolled in those programs, but the underlying safety net of 
     MediKids would always be available to cover any gaps in 
     insurance due to changes in medical condition, employment, 
     income, or marital status, or other changes affecting a 
     child's access to alternate forms of insurance.
       (8) The MediKids program can be administered without 
     impacting the finances or status of the existing Medicare 
     program.
       (9) The MediKids benefit package can be tailored to the 
     special needs of children and updated over time.
       (10) The financing of the program can be administered 
     without difficulty by a yearly payment of affordable premiums 
     through a family's tax filing (or adjustment of a family's 
     earned income tax credit).
       (11) The cost of the program will gradually rise as the 
     number of children using MediKids as the insurer of last 
     resort increases, and a future Congress always can accelerate 
     or slow down the enrollment process as desired, while the 
     societal costs for emergency room usage, lost productivity 
     and work days, and poor health status for the next generation 
     of Americans will decline.
       (12) Over time 100 percent of American children will always 
     have basic health insurance, and we can therefore expect a 
     healthier, more equitable, and more productive society.

[[Page 36381]]



     SEC. 2. BENEFITS FOR ALL CHILDREN BORN AFTER 2008.

       (a) In General.--The Social Security Act is amended by 
     adding at the end the following new title:

                     ``TITLE XXII--MEDIKIDS PROGRAM

     ``SEC. 2201. ELIGIBILITY.

       ``(a) Eligibility of Individuals Born After December 31, 
     2008; All Children Under 23 Years of Age in Fifth Year.--An 
     individual who meets the following requirements with respect 
     to a month is eligible to enroll under this title with 
     respect to such month:
       ``(1) Age.--
       ``(A) First year.--As of the first day of the first year in 
     which this title is effective, the individual has not 
     attained 6 years of age.
       ``(B) Second year.--As of the first day of the second year 
     in which this title is effective, the individual has not 
     attained 11 years of age.
       ``(C) Third year.--As of the first day of the third year in 
     which this title is effective, the individual has not 
     attained 16 years of age.
       ``(D) Fourth year.--As of the first day of the fourth year 
     in which this title is effective, the individual has not 
     attained 21 years of age.
       ``(E) Fifth and subsequent years.--As of the first day of 
     the fifth year in which this title is effective and each 
     subsequent year, the individual has not attained 23 years of 
     age.
       ``(2) Citizenship.--The individual is a citizen or national 
     of the United States or is permanently residing in the United 
     States under color of law.
       ``(b) Enrollment Process.--An individual may enroll in the 
     program established under this title only in such manner and 
     form as may be prescribed by regulations, and only during an 
     enrollment period prescribed by the Secretary consistent with 
     the provisions of this section. Such regulations shall 
     provide a process under which--
       ``(1) individuals who are born in the United States after 
     December 31, 2008, are deemed to be enrolled at the time of 
     birth and a parent or guardian of such an individual is 
     permitted to pre-enroll in the month prior to the expected 
     month of birth;
       ``(2) individuals who are born outside the United States 
     after such date and who become eligible to enroll by virtue 
     of immigration into (or an adjustment of immigration status 
     in) the United States are deemed enrolled at the time of 
     entry or adjustment of status;
       ``(3) eligible individuals may otherwise be enrolled at 
     such other times and manner as the Secretary shall specify, 
     including the use of outstationed eligibility sites as 
     described in section 1902(a)(55)(A) and the use of 
     presumptive eligibility provisions like those described in 
     section 1920A; and
       ``(4) at the time of automatic enrollment of a child, the 
     Secretary provides for issuance to a parent or custodian of 
     the individual a card evidencing coverage under this title 
     and for a description of such coverage.

     The provisions of section 1837(h) apply with respect to 
     enrollment under this title in the same manner as they apply 
     to enrollment under part B of title XVIII. An individual who 
     is enrolled under this title is not eligible to be enrolled 
     under an MA or MA-PD plan under part C of title XVIII.
       ``(c) Date Coverage Begins.--
       ``(1) In general.--The period during which an individual is 
     entitled to benefits under this title shall begin as follows, 
     but in no case earlier than January 1, 2009:
       ``(A) In the case of an individual who is enrolled under 
     paragraph (1) or (2) of subsection (b), the date of birth or 
     date of obtaining appropriate citizenship or immigration 
     status, as the case may be.
       ``(B) In the case of another individual who enrolls 
     (including pre-enrolls) before the month in which the 
     individual satisfies eligibility for enrollment under 
     subsection (a), the first day of such month of eligibility.
       ``(C) In the case of another individual who enrolls during 
     or after the month in which the individual first satisfies 
     eligibility for enrollment under such subsection, the first 
     day of the following month.
       ``(2) Authority to provide for partial months of 
     coverage.--Under regulations, the Secretary may, in the 
     Secretary's discretion, provide for coverage periods that 
     include portions of a month in order to avoid lapses of 
     coverage.
       ``(3) Limitation on payments.--No payments may be made 
     under this title with respect to the expenses of an 
     individual enrolled under this title unless such expenses 
     were incurred by such individual during a period which, with 
     respect to the individual, is a coverage period under this 
     section.
       ``(d) Expiration of Eligibility.--An individual's coverage 
     period under this section shall continue until the 
     individual's enrollment has been terminated because the 
     individual no longer meets the requirements of subsection (a) 
     (whether because of age or change in immigration status).
       ``(e) Entitlement to MediKids Benefits for Enrolled 
     Individuals.--An individual enrolled under this title is 
     entitled to the benefits described in section 2202.
       ``(f) Low-Income Information.--
       ``(1) Inquiry of income.--At the time of enrollment of a 
     child under this title, the Secretary shall make an inquiry 
     as to whether the family income (as determined for purposes 
     of section 1905(p)) of the family that includes the child is 
     within any of the following income ranges:
       ``(A) Up to 150 percent of poverty.--The income of the 
     family does not exceed 150 percent of the poverty line for a 
     family of the size involved.
       ``(B) Between 150 and 200 percent of poverty.--The income 
     of the family exceeds 150 percent, but does not exceed 200 
     percent, of such poverty line.
       ``(C) Between 200 and 300 percent of poverty.--The income 
     of the family exceeds 200 percent, but does not exceed 300 
     percent, of such poverty line.
       ``(2) Coding.--If the family income is within a range 
     described in paragraph (1), the Secretary shall encode in the 
     identification card issued in connection with eligibility 
     under this title a code indicating the range applicable to 
     the family of the child involved.
       ``(3) Provider verification through electronic system.--The 
     Secretary also shall provide for an electronic system through 
     which providers may verify which income range described in 
     paragraph (1), if any, is applicable to the family of the 
     child involved.
       ``(g) Construction.--Nothing in this title shall be 
     construed as requiring (or preventing) an individual who is 
     enrolled under this title from seeking medical assistance 
     under a State medicaid plan under title XIX or child health 
     assistance under a State child health plan under title XXI.

     ``SEC. 2202. BENEFITS.

       ``(a) Secretarial Specification of Benefit Package.--
       ``(1) In general.--The Secretary shall specify the benefits 
     to be made available under this title consistent with the 
     provisions of this section and in a manner designed to meet 
     the health needs of enrollees.
       ``(2) Updating.--The Secretary shall update the 
     specification of benefits over time to ensure the inclusion 
     of age-appropriate benefits to reflect the enrollee 
     population.
       ``(3) Annual updating.--The Secretary shall establish 
     procedures for the annual review and updating of such 
     benefits to account for changes in medical practice, new 
     information from medical research, and other relevant 
     developments in health science.
       ``(4) Input.--The Secretary shall seek the input of the 
     pediatric community in specifying and updating such benefits.
       ``(5) Limitation on updating.--In no case shall updating of 
     benefits under this subsection result in a failure to provide 
     benefits required under subsection (b).
       ``(b) Inclusion of Certain Benefits.--
       ``(1) Medicare core benefits.--Such benefits shall include 
     (to the extent consistent with other provisions of this 
     section) at least the same benefits (including coverage, 
     access, availability, duration, and beneficiary rights) that 
     are available under parts A and B of title XVIII.
       ``(2) All required medicaid benefits.--Such benefits shall 
     also include all items and services for which medical 
     assistance is required to be provided under section 
     1902(a)(10)(A) to individuals described in such section, 
     including early and periodic screening, diagnostic services, 
     and treatment services.
       ``(3) Inclusion of prescription drugs.--Such benefits also 
     shall include (as specified by the Secretary) benefits for 
     prescription drugs and biologicals which are not less than 
     the benefits for such drugs and biologicals under the 
     standard option for the service benefit plan described in 
     section 8903(1) of title 5, United States Code, offered 
     during 2007.
       ``(4) Cost-sharing.--
       ``(A) In general.--Subject to subparagraph (B), such 
     benefits also shall include the cost-sharing (in the form of 
     deductibles, coinsurance, and copayments) which is 
     substantially similar to such cost-sharing under the health 
     benefits coverage in any of the four largest health benefits 
     plans (determined by enrollment) offered under chapter 89 of 
     title 5, United States Code, and including an out-of-pocket 
     limit for catastrophic expenditures for covered benefits, 
     except that no cost-sharing shall be imposed with respect to 
     early and periodic screening and diagnostic services included 
     under paragraph (2).
       ``(B) Reduced cost-sharing for low income children.--Such 
     benefits shall provide that--
       ``(i) there shall be no cost-sharing for children in 
     families the income of which is within the range described in 
     section 2201(f)(1)(A);
       ``(ii) the cost-sharing otherwise applicable shall be 
     reduced by 75 percent for children in families the income of 
     which is within the range described in section 2201(f)(1)(B); 
     or
       ``(iii) the cost-sharing otherwise applicable shall be 
     reduced by 50 percent for children in families the income of 
     which is within the range described in section 2201(f)(1)(C).
       ``(C) Catastrophic limit on cost-sharing.--For a refundable 
     credit for cost-sharing in the case of cost-sharing in excess 
     of a percentage of the individual's adjusted gross income, 
     see section 36 of the Internal Revenue Code of 1986.
       ``(c) Payment Schedule.--The Secretary, with the assistance 
     of the Medicare Payment Advisory Commission, shall develop 
     and implement a payment schedule for benefits covered under 
     this title. To the extent feasible,

[[Page 36382]]

     such payment schedule shall be consistent with comparable 
     payment schedules and reimbursement methodologies applied 
     under parts A and B of title XVIII.
       ``(d) Input.--The Secretary shall specify such benefits and 
     payment schedules only after obtaining input from appropriate 
     child health providers and experts.
       ``(e) Enrollment in Health Plans.--The Secretary shall 
     provide for the offering of benefits under this title through 
     enrollment in a health benefit plan that meets the same (or 
     similar) requirements as the requirements that apply to 
     Medicare Advantage plans under part C of title XVIII (other 
     than any such requirements that relate to part D of such 
     title). In the case of individuals enrolled under this title 
     in such a plan, the payment rate shall be based on payment 
     rates provided for under section 1853(c) in effect before the 
     date of the enactment of the Medicare Prescription Drug, 
     Modernization, and Improvement Act of 2003 (Public Law 108-
     173), except that such payment rates shall be adjusted in an 
     appropriate manner to reflect differences between the 
     population served under this title and the population under 
     title XVIII.

     ``SEC. 2203. PREMIUMS.

       ``(a) Amount of Monthly Premiums.--
       ``(1) In general.--The Secretary shall, during September of 
     each year (beginning with 2008), establish a monthly MediKids 
     premium for the following year. Subject to paragraph (2), the 
     monthly MediKids premium for a year is equal to \1/12\ of the 
     annual premium rate computed under subsection (b).
       ``(2) Elimination of monthly premium for demonstration of 
     equivalent coverage (including coverage under low-income 
     programs).--The amount of the monthly premium imposed under 
     this section for an individual for a month shall be zero in 
     the case of an individual who demonstrates to the 
     satisfaction of the Secretary that the individual has basic 
     health insurance coverage for that month. For purposes of the 
     previous sentence enrollment in a medicaid plan under title 
     XIX, a State child health insurance plan under title XXI, or 
     under the medicare program under title XVIII is deemed to 
     constitute basic health insurance coverage described in such 
     sentence.
       ``(b) Annual Premium.--
       ``(1) National per capita average.--The Secretary shall 
     estimate the average, annual per capita amount that would be 
     payable under this title with respect to individuals residing 
     in the United States who meet the requirement of section 
     2201(a)(1) as if all such individuals were eligible for (and 
     enrolled) under this title during the entire year (and 
     assuming that section 1862(b)(2)(A)(i) did not apply).
       ``(2) Annual premium.--Subject to subsection (d), the 
     annual premium under this subsection for months in a year is 
     equal to 25 percent of the average, annual per capita amount 
     estimated under paragraph (1) for the year.
       ``(c) Payment of Monthly Premium.--
       ``(1) Period of payment.--In the case of an individual who 
     participates in the program established by this title, 
     subject to subsection (d), the monthly premium shall be 
     payable for the period commencing with the first month of the 
     individual's coverage period and ending with the month in 
     which the individual's coverage under this title terminates.
       ``(2) Collection through tax return.--For provisions 
     providing for the payment of monthly premiums under this 
     subsection, see section 59B of the Internal Revenue Code of 
     1986.
       ``(3) Protections against fraud and abuse.--The Secretary 
     shall develop, in coordination with States and other health 
     insurance issuers, administrative systems to ensure that 
     claims which are submitted to more than one payor are 
     coordinated and duplicate payments are not made.
       ``(d) Reduction in Premium for Certain Low-Income 
     Families.--For provisions reducing the premium under this 
     section for certain low-income families, see section 59B(d) 
     of the Internal Revenue Code of 1986.

     ``SEC. 2204. MEDIKIDS TRUST FUND.

       ``(a) Establishment of Trust Fund.--
       ``(1) In general.--There is hereby created on the books of 
     the Treasury of the United States a trust fund to be known as 
     the `MediKids Trust Fund' (in this section referred to as the 
     `Trust Fund'). The Trust Fund shall consist of such gifts and 
     bequests as may be made as provided in section 201(i)(1) and 
     such amounts as may be deposited in, or appropriated to, such 
     fund as provided in this title.
       ``(2) Premiums.--Premiums collected under section 59B of 
     the Internal Revenue Code of 1986 shall be periodically 
     transferred to the Trust Fund.
       ``(3) Transitional funding before receipt of premiums.--In 
     order to provide for funds in the Trust Fund to cover 
     expenditures from the fund in advance of receipt of premiums 
     under section 2203, there are transferred to the Trust Fund 
     from the general fund of the United States Treasury such 
     amounts as may be necessary.
       ``(b) Incorporation of Provisions.--
       ``(1) In general.--Subject to paragraph (2), subsection (b) 
     (other than the last sentence) and subsections (c) through 
     (i) of section 1841 shall apply with respect to the Trust 
     Fund and this title in the same manner as they apply with 
     respect to the Federal Supplementary Medical Insurance Trust 
     Fund and part B, respectively.
       ``(2) Miscellaneous references.--In applying provisions of 
     section 1841 under paragraph (1)--
       ``(A) any reference in such section to `this part' is 
     construed to refer to title XXII;
       ``(B) any reference in section 1841(h) to section 1840(d) 
     and in section 1841(i) to sections 1840(b)(1) and 1842(g) are 
     deemed references to comparable authority exercised under 
     this title;
       ``(C) payments may be made under section 1841(g) to the 
     Trust Funds under sections 1817 and 1841 as reimbursement to 
     such funds for payments they made for benefits provided under 
     this title; and
       ``(D) the Board of Trustees of the MediKids Trust Fund 
     shall be the same as the Board of Trustees of the Federal 
     Supplementary Medical Insurance Trust Fund.

     ``SEC. 2205. OVERSIGHT AND ACCOUNTABILITY.

       ``(a) Periodic GAO Reports.--The Comptroller General of the 
     United States shall periodically submit to Congress reports 
     on the operation of the program under this title, including 
     on the financing of coverage provided under this title.
       ``(b) Periodic MedPAC Reports.--The Medicare Payment 
     Advisory Commission shall periodically report to Congress 
     concerning the program under this title.

     ``SEC. 2206. INCLUSION OF CARE COORDINATION SERVICES.

       ``(a) In General.--
       ``(1) Program authority.--The Secretary, beginning in 2009, 
     may implement a care coordination services program in 
     accordance with the provisions of this section under which, 
     in appropriate circumstances, eligible individuals under 
     section 2201 may elect to have health care services covered 
     under this title managed and coordinated by a designated care 
     coordinator.
       ``(2) Administration by contract.--The Secretary may 
     administer the program under this section through a contract 
     with an appropriate program administrator.
       ``(3) Coverage.--Care coordination services furnished in 
     accordance with this section shall be treated under this 
     title as if they were included in the definition of medical 
     and other health services under section 1861(s) and benefits 
     shall be available under this title with respect to such 
     services without the application of any deductible or 
     coinsurance.
       ``(b) Eligibility Criteria; Identification and Notification 
     of Eligible Individuals.--
       ``(1) Individual eligibility criteria.--The Secretary shall 
     specify criteria to be used in making a determination as to 
     whether an individual may appropriately be enrolled in the 
     care coordination services program under this section, which 
     shall include at least a finding by the Secretary that for 
     cohorts of individuals with characteristics identified by the 
     Secretary, professional management and coordination of care 
     can reasonably be expected to improve processes or outcomes 
     of health care and to reduce aggregate costs to the programs 
     under this title.
       ``(2) Procedures to facilitate enrollment.--The Secretary 
     shall develop and implement procedures designed to facilitate 
     enrollment of eligible individuals in the program under this 
     section.
       ``(c) Enrollment of Individuals.--
       ``(1) Secretary's determination of eligibility.--The 
     Secretary shall determine the eligibility for services under 
     this section of individuals who are enrolled in the program 
     under this section and who make application for such services 
     in such form and manner as the Secretary may prescribe.
       ``(2) Enrollment period.--
       ``(A) Effective date and duration.--Enrollment of an 
     individual in the program under this section shall be 
     effective as of the first day of the month following the 
     month in which the Secretary approves the individual's 
     application under paragraph (1), shall remain in effect for 
     one month (or such longer period as the Secretary may 
     specify), and shall be automatically renewed for additional 
     periods, unless terminated in accordance with such procedures 
     as the Secretary shall establish by regulation. Such 
     procedures shall permit an individual to disenroll for cause 
     at any time and without cause at re-enrollment intervals.
       ``(B) Limitation on reenrollment.--The Secretary may 
     establish limits on an individual's eligibility to reenroll 
     in the program under this section if the individual has 
     disenrolled from the program more than once during a 
     specified time period.
       ``(d) Program.--The care coordination services program 
     under this section shall include the following elements:
       ``(1) Basic care coordination services.--
       ``(A) In general.--Subject to the cost-effectiveness 
     criteria specified in subsection (b)(1), except as otherwise 
     provided in this section, enrolled individuals shall receive 
     services described in section 1905(t)(1) and may receive 
     additional items and services as described in subparagraph 
     (B).
       ``(B) Additional benefits.--The Secretary may specify 
     additional benefits for which payment would not otherwise be 
     made under this title that may be available to individuals 
     enrolled in the program under this section (subject to an 
     assessment by the care

[[Page 36383]]

     coordinator of an individual's circumstance and need for such 
     benefits) in order to encourage enrollment in, or to improve 
     the effectiveness of, such program.
       ``(2) Care coordination requirement.--Notwithstanding any 
     other provision of this title, the Secretary may provide that 
     an individual enrolled in the program under this section may 
     be entitled to payment under this title for any specified 
     health care items or services only if the items or services 
     have been furnished by the care coordinator, or coordinated 
     through the care coordination services program. Under such 
     provision, the Secretary shall prescribe exceptions for 
     emergency medical services as described in section 
     1852(d)(3), and other exceptions determined by the Secretary 
     for the delivery of timely and needed care.
       ``(e) Care Coordinators.--
       ``(1) Conditions of participation.--In order to be 
     qualified to furnish care coordination services under this 
     section, an individual or entity shall--
       ``(A) be a health care professional or entity (which may 
     include physicians, physician group practices, or other 
     health care professionals or entities the Secretary may find 
     appropriate) meeting such conditions as the Secretary may 
     specify;
       ``(B) have entered into a care coordination agreement; and
       ``(C) meet such criteria as the Secretary may establish 
     (which may include experience in the provision of care 
     coordination or primary care physician's services).
       ``(2) Agreement term; payment.--
       ``(A) Duration and renewal.--A care coordination agreement 
     under this subsection shall be for one year and may be 
     renewed if the Secretary is satisfied that the care 
     coordinator continues to meet the conditions of participation 
     specified in paragraph (1).
       ``(B) Payment for services.--The Secretary may negotiate or 
     otherwise establish payment terms and rates for services 
     described in subsection (d)(1).
       ``(C) Liability.--Care coordinators shall be subject to 
     liability for actual health damages which may be suffered by 
     recipients as a result of the care coordinator's decisions, 
     failure or delay in making decisions, or other actions as a 
     care coordinator.
       ``(D) Terms.--In addition to such other terms as the 
     Secretary may require, an agreement under this section shall 
     include the terms specified in subparagraphs (A) through (C) 
     of section 1905(t)(3).

     ``SEC. 2207. ADMINISTRATION AND MISCELLANEOUS.

       ``(a) In General.--Except as otherwise provided in this 
     title--
       ``(1) the Secretary shall enter into appropriate contracts 
     with providers of services, other health care providers, 
     carriers, and fiscal intermediaries, taking into account the 
     types of contracts used under title XVIII with respect to 
     such entities, to administer the program under this title;
       ``(2) beneficiary protections for individuals enrolled 
     under this title shall not be less than the beneficiary 
     protections (including limits on balance billing) provided 
     medicare beneficiaries under title XVIII;
       ``(3) benefits described in section 2202 that are payable 
     under this title to such individuals shall be paid in a 
     manner specified by the Secretary (taking into account, and 
     based to the greatest extent practicable upon, the manner in 
     which they are provided under title XVIII); and
       ``(4) provider participation agreements under title XVIII 
     shall apply to enrollees and benefits under this title in the 
     same manner as they apply to enrollees and benefits under 
     title XVIII.
       ``(b) Coordination With Medicaid and SCHIP.--
     Notwithstanding any other provision of law, individuals 
     entitled to benefits for items and services under this title 
     who also qualify for benefits under title XIX or XXI or any 
     other Federally funded health care program that provides 
     basic health insurance coverage described in section 
     2203(a)(2) may continue to qualify and obtain benefits under 
     such other title or program, and in such case such an 
     individual shall elect either--
       ``(1) such other title or program to be primary payor to 
     benefits under this title, in which case no benefits shall be 
     payable under this title and the monthly premium under 
     section 2203 shall be zero; or
       ``(2) benefits under this title shall be primary payor to 
     benefits provided under such title or program, in which case 
     the Secretary shall enter into agreements with States as may 
     be appropriate to provide that, in the case of such 
     individuals, the benefits under titles XIX and XXI or such 
     other program (including reduction of cost-sharing) are 
     provided on a `wrap-around' basis to the benefits under this 
     title.''.
       (b) Conforming Amendments to Social Security Act 
     Provisions.--
       (1) Section 201(i)(1) of the Social Security Act (42 U.S.C. 
     401(i)(1)) is amended by striking ``or the Federal 
     Supplementary Medical Insurance Trust Fund'' and inserting 
     ``the Federal Supplementary Medical Insurance Trust Fund, and 
     the MediKids Trust Fund''.
       (2) Section 201(g)(1)(A) of such Act (42 U.S.C. 
     401(g)(1)(A)) is amended by striking ``and the Federal 
     Supplementary Medical Insurance Trust Fund established by 
     title XVIII'' and inserting ``, the Federal Supplementary 
     Medical Insurance Trust Fund, and the MediKids Trust Fund 
     established by title XVIII''.
       (c) Maintenance of Medicaid Eligibility and Benefits for 
     Children.--
       (1) In general.--In order for a State to continue to be 
     eligible for payments under section 1903(a) of the Social 
     Security Act (42 U.S.C. 1396b(a))--
       (A) the State may not reduce standards of eligibility, or 
     benefits, provided under its State medicaid plan under title 
     XIX of the Social Security Act or under its State child 
     health plan under title XXI of such Act for individuals under 
     23 years of age below such standards of eligibility, and 
     benefits, in effect on the date of the enactment of this Act; 
     and
       (B) the State shall demonstrate to the satisfaction of the 
     Secretary of Health and Human Services that any savings in 
     State expenditures under title XIX or XXI of the Social 
     Security Act that results from children enrolling under title 
     XXII of such Act shall be used in a manner that improves 
     services to beneficiaries under title XIX of such Act, such 
     as through expansion of eligibility, improved nurse and nurse 
     aide staffing and improved inspections of nursing facilities, 
     and coverage of additional services.
       (2) Medikids as primary payor.--In applying title XIX of 
     the Social Security Act, the MediKids program under title 
     XXII of such Act shall be treated as a primary payor in cases 
     in which the election described in section 2207(b)(2) of such 
     Act, as added by subsection (a), has been made.
       (d) Expansion of Medpac Membership to 19.--
       (1) In general.--Section 1805(c) of the Social Security Act 
     (42 U.S.C. 1395b-6(c)) is amended--
       (A) in paragraph (1), by striking ``17'' and inserting 
     ``19''; and
       (B) in paragraph (2)(B), by inserting ``experts in 
     children's health,'' after ``other health professionals,''.
       (2) Initial terms of additional members.--
       (A) In general.--For purposes of staggering the initial 
     terms of members of the Medicare Payment Advisory Commission 
     under section 1805(c)(3) of the Social Security Act (42 
     U.S.C. 1395b-6(c)(3)), the initial terms of the 2 additional 
     members of the Commission provided for by the amendment under 
     subsection (a)(1) are as follows:
       (i) One member shall be appointed for 1 year.
       (ii) One member shall be appointed for 2 years.
       (B) Commencement of terms.--Such terms shall begin on 
     January 1, 2008.
       (3) Duties.--Section 1805(b)(1)(A) of such Act (42 U.S.C. 
     1395b-6(b)(1)(A)) is amended by inserting before the 
     semicolon at the end the following: ``and payment policies 
     under title XXII''.

     SEC. 3. MEDIKIDS PREMIUM.

       (a) General Rule.--Subchapter A of chapter 1 of the 
     Internal Revenue Code of 1986 (relating to determination of 
     tax liability) is amended by adding at the end the following 
     new part:

                     ``PART VIII--MEDIKIDS PREMIUM

``Sec. 59B. MediKids premium.

     ``SEC. 59B. MEDIKIDS PREMIUM.

       ``(a) Imposition of Tax.--In the case of a taxpayer to whom 
     this section applies, there is hereby imposed (in addition to 
     any other tax imposed by this subtitle) a MediKids premium 
     for the taxable year.
       ``(b) Individuals Subject to Premium.--
       ``(1) In general.--This section shall apply to a taxpayer 
     if a MediKid is a dependent of the taxpayer for the taxable 
     year.
       ``(2) Medikid.--For purposes of this section, the term 
     `MediKid' means any individual enrolled in the MediKids 
     program under title XXII of the Social Security Act.
       ``(c) Amount of Premium.--For purposes of this section, the 
     MediKids premium for a taxable year is the sum of the monthly 
     premiums (for months in the taxable year) determined under 
     section 2203 of the Social Security Act with respect to each 
     MediKid who is a dependent of the taxpayer for the taxable 
     year.
       ``(d) Exceptions Based on Adjusted Gross Income.--
       ``(1) Exemption for very low-income taxpayers.--
       ``(A) In general.--No premium shall be imposed by this 
     section on any taxpayer having an adjusted gross income not 
     in excess of the exemption amount.
       ``(B) Exemption amount.--For purposes of this paragraph, 
     the exemption amount is--
       ``(i) $20,535 in the case of a taxpayer having 1 MediKid,
       ``(ii) $25,755 in the case of a taxpayer having 2 MediKids,
       ``(iii) $30,975 in the case of a taxpayer having 3 
     MediKids, and
       ``(iv) $35,195 in the case of a taxpayer having 4 or more 
     MediKids.
       ``(C) Phaseout of exemption.--In the case of a taxpayer 
     having an adjusted gross income which exceeds the exemption 
     amount but does not exceed twice the exemption amount, the 
     premium shall be the amount which bears the same ratio to the 
     premium which would (but for this subparagraph) apply to the 
     taxpayer as such excess bears to the exemption amount.

[[Page 36384]]

       ``(D) Inflation adjustment of exemption amounts.--In the 
     case of any taxable year beginning in a calendar year after 
     2009, each dollar amount contained in subparagraph (C) shall 
     be increased by an amount equal to the product of--
       ``(i) such dollar amount, and
       ``(ii) the cost-of-living adjustment determined under 
     section 1(f)(3) for the calendar year in which the taxable 
     year begins, determined by substituting `calendar year 2008' 
     for `calendar year 1992' in subparagraph (B) thereof.
     If any increase determined under the preceding sentence is 
     not a multiple of $50, such increase shall be rounded to the 
     nearest multiple of $50.
       ``(2) Premium limited to 5 percent of adjusted gross 
     income.--In no event shall any taxpayer be required to pay a 
     premium under this section in excess of an amount equal to 5 
     percent of the taxpayer's adjusted gross income.
       ``(e) Coordination With Other Provisions.--
       ``(1) Not treated as medical expense.--For purposes of this 
     chapter, any premium paid under this section shall not be 
     treated as expense for medical care.
       ``(2) Not treated as tax for certain purposes.--The premium 
     paid under this section shall not be treated as a tax imposed 
     by this chapter for purposes of determining--
       ``(A) the amount of any credit allowable under this 
     chapter, or
       ``(B) the amount of the minimum tax imposed by section 55.
       ``(3) Treatment under subtitle f.--For purposes of subtitle 
     F, the premium paid under this section shall be treated as if 
     it were a tax imposed by section 1.''.
       (b) Technical Amendments.--
       (1) Subsection (a) of section 6012 of such Code is amended 
     by inserting after paragraph (9) the following new paragraph:
       ``(10) Every individual liable for a premium under section 
     59B.''.
       (2) The table of parts for subchapter A of chapter 1 of 
     such Code is amended by adding at the end the following new 
     item:

                    ``Part VIII. MediKids Premium''.

       (c) Effective Date.--The amendments made by this section 
     shall apply to months beginning after December 2008, in 
     taxable years ending after such date.

     SEC. 4. REFUNDABLE CREDIT FOR CERTAIN COST-SHARING EXPENSES 
                   UNDER MEDIKIDS PROGRAM.

       (a) In General.--Subpart C of part IV of subchapter A of 
     chapter 1 of the Internal Revenue Code of 1986 (relating to 
     refundable credits) is amended by redesignating section 36 as 
     section 37 and by inserting after section 35 the following 
     new section:

     ``SEC. 36. CATASTROPHIC LIMIT ON COST-SHARING EXPENSES UNDER 
                   MEDIKIDS PROGRAM.

       ``(a) In General.--In the case of a taxpayer who has a 
     MediKid (as defined in section 59B) at any time during the 
     taxable year, there shall be allowed as a credit against the 
     tax imposed by this subtitle an amount equal to the excess 
     of--
       ``(1) the amount paid by the taxpayer during the taxable 
     year as cost-sharing under section 2202(b)(4) of the Social 
     Security Act, over
       ``(2) 5 percent of the taxpayer's adjusted gross income for 
     the taxable year.''.
       (b) Coordination With Other Provisions.--The excess 
     described in subsection (a) shall not be taken into account 
     in computing the amount allowable to the taxpayer as a 
     deduction under section 162(l) or 213(a).
       (c) Technical Amendments.--
       (1) The table of sections for subpart C of part IV of 
     subchapter A of chapter 1 of such Code is amended by 
     redesignating the item relating to section 36 as an item 
     relating to section 37 and by inserting before such item the 
     following new item:

``Sec. 36. Catastrophic limit on cost-sharing expenses under MediKids 
              program.''.
       (2) Paragraph (2) of section 1324(b) of title 31, United 
     States Code, is amended by inserting ``, 36,'' after 
     ``section 35''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2008.

     SEC. 5. REPORT ON LONG-TERM REVENUES.

       Within one year after the date of the enactment of this 
     Act, the Secretary of the Treasury shall propose a gradual 
     schedule of progressive tax changes to fund the program under 
     title XXII of the Social Security Act, as the number of 
     enrollees grows in the out-years.
                                 ______
                                 
      By Mr. KERRY (for himself, Ms. Snowe, Mr. Sanders, Mr. Domenici, 
        Mr. Schumer, Ms. Collins, Mr. Kennedy, and Mr. Reed):
  S. 2523. A bill to establish the National Affordable Housing Trust 
Fund in the Treasury of the United States to provide for the 
construction, rehabilitation, and preservation of decent, safe, and 
affordable housing for low-income families; to the Committee on 
Banking, Housing, and Urban Affairs.
  Mr. KERRY. Mr. President, while we are facing new difficulties in the 
mortgage and subprime markets, we cannot forget the ongoing and 
deepening crisis that affordable rental housing presents for our 
Nation. Long-term changes in the housing market have dramatically 
limited the availability of affordable rental housing across the 
country and have severely increased the cost of rental housing that 
remains. As a result, more and more families are forced to pay more 
than 50 percent of their income for housing. In 2005, a record 37.3 
million households paid more than 30 percent of their income on housing 
costs, according to the Nation's Housing 2007 Report from the Joint 
Center for Housing Studies at Harvard University. Approximately 17 
million families paid more than half of their incomes on housing costs. 
This is unacceptable. Our Nation must act to ease this rental housing 
crisis by producing more affordable housing options.
  We can no longer ignore the lack of affordable housing and the impact 
it is having on families and children around the country. I believe it 
is time for our Nation to take a new path--one that insures that all 
Americans, especially our poorest children, have the opportunity to 
live in decent and safe housing.
  Housing construction is a critical part of our economy. 
Unfortunately, just yesterday the Commerce Department reported that 
construction of new homes dropped by 5.5 percent last month, the lowest 
level since April 1991. The overall construction decline left home 
building 24.2 percent below the level of activity a year ago. 
Residential construction has seen the largest share of job losses, more 
than 192,000 since March 2006.
  The question is, what do we do today to face--and to finance--this 
mounting challenge?
  In September 2000, I wrote and introduced the original National 
Affordable Housing Trust Fund legislation. Today, along with Senator 
Snowe, I am again proposing to address the severe shortage of 
affordable housing by introducing legislation that will establish a 
National Affordable Housing Trust Fund and begin a rental housing 
production program.
  The Affordable Housing Trust Fund that is established in this 
legislation would create a production program that will ensure 1.5 
million new rental units are built over the next 10 years for extremely 
low-income families and working families. The goal is to create long-
term affordable, mixed-income developments in areas with the greatest 
opportunities for low-income families. Sixty percent of Trust Fund 
assistance will be awarded to participating local jurisdictions. Forty 
percent of Trust Fund assistance will be awarded to States, Indian 
Tribes and insular areas. A proportionate amount of funds to the States 
must go to rural areas. If the total amount available for the Trust 
Fund is less than $2 billion, then there is a $750,000 minimum funding 
threshold for local jurisdictions.
  All funding from the Trust Fund must be used for low-income families, 
defined as those families with incomes below 80 percent of the State or 
local median income. However, if the funding for the trust fund is less 
than $2 billion for any year, then the income ceiling is reduced to 60 
percent of local median income.
  The funding from the Trust Fund can be used for construction, 
rehabilitation, acquisition, preservation incentives, and operating 
assistance to ease the affordable housing crisis. Funds can also be 
used for downpayment and closing cost assistance by first time 
homebuyers.
  The Trust Fund will be funded through amounts transferred from the 
Federal National Mortgage Association and the Federal Home Loan 
Mortgage Corporation under Title XIII of the Housing and Community 
Development Act of 1992. It will also be funded through any amounts 
appropriated under the authorization in the Expanding American 
Homeownership Act of 2007, relating to the use of FHA savings for an 
affordable housing grant program. Finally, the Trust Fund will be 
funded through any amounts as are or may be appropriated, transferred 
or credited to such fund under any other provisions of law.

[[Page 36385]]

  The National Affordable Housing Trust Fund bill is cosponsored by a 
bipartisan group of Senators. Earlier this year, the House of 
Representatives passed legislation, introduced by House Financial 
Services Chairman Barney Frank, to establish a National Affordable 
Housing Trust Fund by a 264-148 vote. It has been endorsed by more than 
5,700 community organizations led by the National Low-Income Housing 
Coalition and including the National Association of Realtors, the 
National Association of Home Builders, Children's Defense Fund, U.S. 
Conference of Mayors, National Coalition for the Homeless, and others. 
I am pleased that Senator Reed, within the Government Sponsored 
Enterprise Mission Improvement Act, included legislative language 
within the Affordable Housing Block Grant section to provide grants to 
an Affordable Housing Trust Fund.
  Enacting the National Affordable Housing Trust Fund will help reverse 
the recent declines in housing jobs, starts, permits and construction 
in every State. It will help small businesses across the Nation 
continue to produce the jobs that are critical to our economic security 
today and in the future.
  During this time of rising rents, increased housing costs, and the 
loss of affordable housing units, it is incomprehensible that we are 
not doing more to increase the amount of housing assistance available 
to working families. The need for affordable housing is severe. Many 
working families have been unable to keep up with the increase in 
housing costs. In 2005, one in seven households was considered to be 
``severely housing cost burdened.''
  For too many low-income families and their children, the cost of 
privately owned rental housing is simply out of reach. Today, working 
families in this country increasingly find themselves unable to afford 
housing. According to the National Low-Income Housing Coalition, in 
Massachusetts, the fair market rent for a two-bedroom apartment is 
almost $1,200 per month. In order to afford this apartment without 
paying more than 30 percent of income on housing, a household must earn 
over $47,000 per year. This means teachers, janitors, social workers, 
police officers and other full-time workers are having trouble 
affording even a modest two-bedroom apartment.
  The cost of rental housing keeps going up. According to the Consumer 
Price Index, CPI, contract rents began to rise above the rate of 
inflation in 1997 and have continued every year since. Rental costs 
have outpaced renter income gains for households across the board. Low 
wage workers have been hardest hit by the increase in the cost of 
rental housing.
  Because of the lack of affordable housing, too many families are 
forced to live in substandard living conditions putting their children 
at risk. Children living in substandard housing are more likely to 
experience violence, hunger, lead poisoning and to suffer from 
infectious diseases such as asthma. They are more likely to have 
difficulties learning and more likely to fall behind in school. Our 
Nation's children depend upon access to affordable rental housing.
  At the same time the cost of rental housing has been increasing, 
there has been a significant decrease in the number of affordable 
rental housing units. According to Real Capital Analytics, the number 
of rentals in larger multifamily properties converted to for-sale units 
jumped from just a few thousand in 2003 to 235,000 in 2005. New 
construction of multifamily buildings intended for rental use dipped 
from 262,000 units in 2003 to 184,000 in 2006. Simultaneously, the 
number of renter households increased by 1.2 million. The decline in 
affordable rental units has already forced many working families 
eligible for Section 8 vouchers in Boston to live outside the city 
because there are no available rental housing units that accept 
vouchers.
  The loss of affordable housing has exacerbated the housing crisis in 
this country, and the Federal Government must take action. We need to 
enact the National Affordable Housing Trust Fund to jumpstart the 
production of affordable housing in the U.S.
  Decent housing, along with neighborhood and living environment, play 
enormous roles in shaping young lives. Federal housing assistance over 
the past generation has helped millions of low-income children across 
the Nation and has helped in developing stable home environments. 
However, changes in the housing market clearly show that we need to 
take additional steps to both produce and maintain affordable housing 
units. Otherwise, many more children and their families will live in 
substandard housing or will become homeless. These children are less 
likely to do well in school and less likely to be productive citizens. 
They deserve our best efforts and require our help.
  I ask all Senators to support the National Affordable Housing Trust 
Fund Act.
                                 ______
                                 
      By Mr. FEINGOLD:
  S. 2527. A bill to prohibit the obligation or expenditure of funds 
for the Osprey tiltrotor aircraft; to the Committee on Appropriations.
  Mr. FEINGOLD. Mr. President, today I am introducing legislation to 
rescind funds appropriated for the procurement of the V-22 and CV-22 
Osprey. This aircraft has been the subject of significant controversy 
because of safety, technical, and cost problems. In 1991, then-
Secretary Dick Cheney tried to cancel the program altogether. I have 
long advocated for more extensive testing of the aircraft to evaluate 
design defects that render the Osprey unstable and technical problems 
that have already cost the lives of 30 servicemembers. New problems 
were discovered as recently as June 2007.
  I appreciate that the military is in need of additional helicopters, 
particularly as a result of the high operational tempo in Iraq and 
Afghanistan. Given the fact that the Osprey costs significantly more 
than other aircraft that can meet the same need, I believe we should 
shift to a safer, more economic program.
  This bill would rescind funds appropriated for the program through 
2008. That includes $2.8 billion in previously appropriated but 
unobligated funds and $2.9 billion in funds appropriated for fiscal 
year 08. The Defense Department estimates it will spend an additional 
$28.6 billion to purchase a total of 458 Osprey through 2018. Ending 
this troubled program could produce savings of over $34.3 billion.
                                 ______
                                 
      By Mr. MENENDEZ:
  S. 2528. A bill to authorize guarantees for bonds and notes issued 
for community or economic development purposes; to the Committee on 
Banking, Housing, and Urban Affairs.
  Mr. MENENDEZ. Mr. President, I rise today to introduce the Full Faith 
& Credit in Our Communities Act of 2007. Strong communities form the 
bedrock of a successful economy and ultimately, a healthy society. For 
communities to be strong and families to prosper, there must be 
economic opportunity. Economic opportunity, in turn, depends on access 
to capital. Unfortunately, many communities across our Nation lack this 
fundamental tool for financial prosperity and self-sufficiency.
  We must provide economic opportunity not only today, but also lay the 
groundwork so that future generations can thrive and prosper, and we 
must do it in a way that fosters real and permanent change rather than 
short-term solutions. We cannot simply rely on short-term band aids 
that serve to only mask the vast inequalities in income and 
unacceptable levels of poverty that plague our Nation. We must invest 
in our Nation's future. We must close the wealth gaps that are growing 
wider each day in this country by investing in our citizens and closing 
the opportunity gap. We must invest in entrepreneurship, ownership, and 
economic growth--but we must do so in a fiscally responsible manner.
  Federal resources are scarce. We must focus our efforts and invest in 
successful programs that give us the biggest bang for our buck. CDFIs 
have a history of prudently using scarce public funds to leverage 
additional private funding to finance emerging domestic markets. They 
are able to lend

[[Page 36386]]

successfully in these markets in part because CDFIs build their 
borrowers' capacity by combining their financing with technical 
assistance such as homeownership counseling, entrepreneurial training, 
and financial literacy education. CDFIs finance small businesses, 
homeownership, affordable rental housing, childcare facilities, charter 
schools, and other needed development resources. About 1,000 CDFIs 
operating in the U.S. manage more than $25 billion in assets, providing 
much-needed financial services to low-income communities across the 
U.S.
  Unfortunately, CDFIs have limited access to capital due to the 
relatively small size of, and lack of awareness about, their projects. 
This results in a hesitancy of Wall Street to invest in CDFIs, forcing 
them to rely largely on commercial banks which usually only offer 
short-term loans with high interest rates. Every dollar wasted on 
interest payments is another dollar lost to communities, making these 
additional costs a clear impediment to community development efforts.
  This legislation would increase the length and decrease the cost of 
capital available to CDFIs by providing them access to the enormous 
financial power of Wall Street. It would accomplish this by allowing 
the Treasury Department to guarantee up to $1 billion per year in bonds 
issued by qualified CDFIs. These bonds would be sold on Wall Street 
with the proceeds going to CDFIs to finance a myriad of community and 
economic development projects such as job-training centers and health 
care clinics. Unlike many legislative proposals that often result in 
winners and losers, this legislation is a win-win for everyone 
involved. CDFIs will have access to much-needed, low-cost capital. 
Communities will benefit from an infusion of investments in community 
and economic development projects. And investors will have an 
opportunity to make sound, long-term investments.
  Perhaps the best part of this legislation is that it should not end 
up costing the American taxpayer a single dollar. Since these bonds 
will be issued by CDFIs, they will be the ones responsible for honoring 
the bonds when they reach maturity. Considering the fact that CDFIs 
have very low loan default rates that are often below mainstream bank 
averages, the risk of insolvency is very low. To further mitigate this 
risk, CDFIs will be required to create a loan loss reserve fund, 
similar in nature, but much smaller in scope, to the FDIC.
  In addition to providing low-cost capital to underserved communities, 
this legislation would require CDFIs to pay a portion of their savings 
to a subaccount of the Treasury Department's CDFI Fund. These funds 
will be used to provide technical and financial assistance grants to 
non-profits for community and economic development purposes. CDFIs can 
apply for these grants through a competitive application process with 
the requirement to match, dollar for dollar, Federal funds with private 
investment. According to the Treasury Department, for every Federal 
dollar of investment, CDFIs leverage $19 in non-federal funds. CDFIs 
use the ``seed capital'' from the Federal Government to attract 
private-sector capital, ensuring continued community investment well 
beyond the initial Federal funding.
  A community isn't complete without places to shop and work, without 
affordable housing, without the prosperity that thriving businesses 
represent. My Full Faith & Credit in Our Communities Act will help 
CDFIs develop retail and commercial facilities, train and place 
neighborhood residents in jobs, and provide affordable housing across 
the country. This bill is essential for our people and communities most 
in need. Beyond the obvious tangible benefits, the Full Faith & Credit 
in Our Communities Act will provide our Nation's distressed communities 
with something all but lost in many: HOPE. Hope for a better future, a 
safe community, flourishing businesses, and a more prosperous future 
for generations to come.
  In closing, I urge my colleagues to support the Full Faith & Credit 
in Our Communities Act to ensure that every American has access to the 
American Dream. With this bill, we can not only change lives and 
communities today, but for generations to come.
                                 ______
                                 
      By Mr. REID (for himself and Mr. Baucus):
  S. 2530. A bill entitled the ``Federal Aviation Administration 
Extension Act of 2007''; to the Committee on Commerce, Science, and 
Transportation.
  Mr. REID. Mr. President, I ask unanimous consent that the text of the 
bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2530

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Federal Aviation 
     Administration Extension Act of 2007''.

     SEC. 2. EXTENSION OF AIRPORT IMPROVEMENT PROGRAM AND OTHER 
                   EXPIRING AUTHORITY.

       (a) Authorization of Appropriations.--
       (1) In general.--Section 48103 of title 49, United States 
     Code, is amended--
       (A) by striking ``and'' at the end of paragraph (3);
       (B) by striking the period at the end of paragraph (4) and 
     inserting ``; and''; and
       (C) by inserting after paragraph (4) the following:
       ``(5) $1,837,500,000 for the 6-month period beginning 
     October 1, 2007.''.
       (2) Obligation of amounts.--Sums made available pursuant to 
     the amendment made by paragraph (1) may be obligated at any 
     time through September 30, 2008, and shall remain available 
     until expended.
       (3) Program implementation.--For purposes of calculating 
     funding apportionments and meeting other requirements under 
     sections 47114, 47115, 47116, and 47117 of title 49, United 
     States Code, for the 6-month period beginning October 1, 
     2007, the Administrator of the Federal Aviation 
     Administration shall--
       (A) first calculate funding apportionments on an annualized 
     basis as if the total amount available under section 48103 of 
     such title for fiscal year 2008 were 3,675,000,000; and
       (B) then reduce by 50 percent--
       (i) all funding apportionments calculated under 
     subparagraph (A); and
       (ii) amounts available pursuant to sections 47117(b) and 
     47117(f)(2) of such title.
       (b) Project Grant Authority.--Section 47104(c) of such 
     title is amended by striking ``September 30, 2007, and 
     inserting ``March 31, 2008,''.
       (c) Government Share of Certain AIP Costs.--Section 161 of 
     Public Law 108-176 (49 U.S.C. 47109 note) is amended by 
     striking ``in each of fiscal years 2004 through 2007'' and 
     inserting ``in fiscal year 2008 before April 1, 2008''.
       (d) Adjustment Authority.--Section 409(d) of Public Law 
     108-176 (49 U.S.C. 40101 note) is amended by striking 
     ``2007.'' and inserting ``2008.''.
                                 ______
                                 
      By Mr. McCONNELL (for himself and Mr. Bunning):
  S. 2531. A bill to amend the Tariff Act of 1930 to revise the 
antidumping duties and countervailing duties relating to the production 
of low-enriched uranium, and for other purposes; to the Committee on 
Finance.
  Mr. McCONNELL. Mr. President, I ask unanimous consent that the text 
of the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
placed in the Record, as follows:

                                S. 2531

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

     SECTION 1. PRODUCTION OF LOW-ENRICHED URANIUM.

       (a) Antidumping Duty.--Section 731 of the Tariff Act of 
     1930 (19 U.S.C. 1673) is amended in the last sentence--
       (1) by inserting ``(a)'' after ``includes''; and
       (2) by inserting before the period at the end the 
     following: ``, and (b) any contract or transaction for the 
     production of low-enriched uranium''.
       (b) Countervailing Duty.--Section 771 of that Act (19 
     U.S.C. 1677) is amended in paragraph (5) by adding at the end 
     the following:
       ``(G) Purchase of goods.--For purposes of subparagraphs 
     (D)(iv) and (E)(iv) of this paragraph (5), the phrases 
     `purchasing goods' and `goods are purchased' include a 
     contract or transaction involving payment for the production 
     of low-enriched uranium.''.
       (c) Application to Pending Proceedings.--The amendments 
     made by this section apply in all pending or resumed 
     antidumping and countervailing duty proceedings, including 
     investigations, and in all appeals that have not become final 
     and conclusive as of the date of enactment of this Act.
       (d) Application to NAFTA Countries.--Pursuant to Article 
     1902 of the North American Free Trade Agreement and section 
     408

[[Page 36387]]

     of the North American Free Trade Agreement Implementation Act 
     (19 U.S.C. 3438), the amendments made by this section shall 
     apply with respect to goods from NAFTA countries.

                          ____________________