[Congressional Record (Bound Edition), Volume 153 (2007), Part 3]
[Senate]
[Pages 4436-4451]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. GRASSLEY (for himself, Mr. Kennedy, Mr. Enzi, Mr. 
        Martinez, Mr. Akaka, Mrs. Dole, Mr. Brown, Mr. Lieberman, Mr. 
        Isakson, Mr. Nelson of Florida, and Ms. Landrieu):
  S. 655. A bill to amend the Congressional Charter of The American 
National Red Cross to modernize its governance structure, to enhance 
the ability of the board of governors of The American National Red 
Cross to support the critical mission of The American Red Cross in the 
21st century, and

[[Page 4437]]

for other purposes; to the Committee on the Judiciary.
  Mr. GRASSLEY. Mr. President, I ask unanimous consent that the text of 
The American National Red Cross Governance Modernization Act of 2007 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. 655

       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 ``The American National Red 
     Cross Governance Modernization Act of 2007''.

     SEC. 2. FINDINGS; SENSE OF CONGRESS.

       (a) Findings.--Congress makes the following findings:
       (1) Substantive changes to the Congressional Charter of The 
     American National Red Cross have not been made since 1947.
       (2) In February 2006, the board of governors of The 
     American National Red Cross (the ``Board of Governors'') 
     commissioned an independent review and analysis of the Board 
     of Governors' role, composition, size, relationship with 
     management, governance relationship with chartered units of 
     The American National Red Cross, and whistleblower and audit 
     functions.
       (3) In an October 2006 report of the Board of Governors, 
     entitled ``American Red Cross Governance for the 21st 
     Century'' (the ``Governance Report''), the Board of Governors 
     recommended changes to the Congressional Charter, bylaws, and 
     other governing documents of The American National Red Cross 
     to modernize and enhance the effectiveness of the Board of 
     Governors and governance structure of The American National 
     Red Cross.
       (4) It is in the national interest to create a more 
     efficient governance structure of The American National Red 
     Cross and to enhance the Board of Governors' ability to 
     support the critical mission of The American National Red 
     Cross in the 21st century.
       (5) It is in the national interest to clarify the role of 
     the Board of Governors as a governance and strategic 
     oversight board and for The American National Red Cross to 
     amend its bylaws, consistent with the recommendations 
     described in the Governance Report, to clarify the role of 
     the Board of Governors and to outline the areas of its 
     responsibility, including--
       (A) reviewing and approving the mission statement for The 
     American National Red Cross;
       (B) approving and overseeing the corporation's strategic 
     plan and maintaining strategic oversight of operational 
     matters;
       (C) selecting, evaluating, and determining the level of 
     compensation of the corporation's chief executive officer;
       (D) evaluating the performance and establishing the 
     compensation of the senior leadership team and providing for 
     management succession;
       (E) overseeing the financial reporting and audit process, 
     internal controls, and legal compliance;
       (F) holding management accountable for performance;
       (G) providing oversight of the financial stability of the 
     corporation;
       (H) ensuring the inclusiveness and diversity of the 
     corporation;
       (I) providing oversight of the protection of the brand of 
     the corporation; and
       (J) assisting with fundraising on behalf of the 
     corporation.
       (6)(A) The selection of members of the Board of Governors 
     is a critical component of effective governance for The 
     American National Red Cross, and, as such, it is in the 
     national interest that The American National Red Cross amend 
     its bylaws to provide a method of selection consistent with 
     that described in the Governance Report.
       (B) The new method of selection should replace the current 
     process by which--
       (i) 30 chartered unit-elected members of the Board of 
     Governors are selected by a non-Board committee which 
     includes 2 members of the Board of Governors and other 
     individuals elected by the chartered units themselves;
       (ii) 12 at-large members of the Board of Governors are 
     nominated by a Board committee and elected by the Board of 
     Governors; and
       (iii) 8 members of the Board of Governors are appointed by 
     the President of the United States.
       (C) The new method of selection described in the Governance 
     Report reflects the single category of members of the Board 
     of Governors that will result from the implementation of this 
     Act:
       (i) All Board members (except for the chairman of the Board 
     of Governors) would be nominated by a single committee of the 
     Board of Governors taking into account the criteria outlined 
     in the Governance Report to assure the expertise, skills, and 
     experience of a governing board.
       (ii) The nominated members would be considered for approval 
     by the full Board of Governors and then submitted to The 
     American National Red Cross annual meeting of delegates for 
     election, in keeping with the standard corporate practice 
     whereby shareholders of a corporation elect members of a 
     board of directors at its annual meeting.
       (7) The United States Supreme Court held The American 
     National Red Cross to be an instrumentality of the United 
     States, and it is in the national interest that the 
     Congressional Charter confirm that status and that any 
     changes to the Congressional Charter do not affect the rights 
     and obligations of The American National Red Cross to carry 
     out its purposes.
       (8) Given the role of The American National Red Cross in 
     carrying out its services, programs, and activities, and 
     meeting its various obligations, the effectiveness of The 
     American National Red Cross will be promoted by the creation 
     of an organizational ombudsman who--
       (A) will be a neutral or impartial dispute resolution 
     practitioner whose major function will be to provide 
     confidential and informal assistance to the many internal and 
     external stakeholders of The American National Red Cross;
       (B) will report to the chief executive officer and the 
     audit committee of the Board of Governors; and
       (C) will have access to anyone and any documents in The 
     American National Red Cross.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) charitable organizations are an indispensable part of 
     American society, but these organizations can only fulfill 
     their important roles by maintaining the trust of the 
     American public;
       (2) trust is fostered by effective governance and 
     transparency, which are the principal goals of the 
     recommendations of the Board of Governors in the Governance 
     Report and this Act;
       (3) Federal and State action play an important role in 
     ensuring effective governance and transparency by setting 
     standards, rooting out violations, and informing the public; 
     and
       (4) while The American National Red Cross is and will 
     remain a Federally chartered instrumentality of the United 
     States, and it has the rights and obligations consistent with 
     that status, The American National Red Cross nevertheless 
     should maintain appropriate communications with State 
     regulators of charitable organizations and should cooperate 
     with them as appropriate in specific matters as they arise 
     from time to time.

     SEC. 3. ORGANIZATION.

       Section 300101 of title 36, United States Code, is 
     amended--
       (1) in subsection (a), by inserting ``a Federally chartered 
     instrumentality of the United States and'' before ``a body 
     corporate and politic''; and
       (2) in subsection (b), by inserting at the end the 
     following new sentence: ``The corporation may conduct its 
     business and affairs, and otherwise hold itself out, as the 
     `American Red Cross' in any jurisdiction.''.

     SEC. 4. PURPOSES.

       Section 300102 of title 36, United States Code, is 
     amended--
       (1) by striking ``and'' at the end of paragraph (3);
       (2) by striking the period at the end of paragraph (4) and 
     inserting ``; and''; and
       (3) by adding at the end the following paragraph:
       ``(5) to conduct other activities consistent with the 
     foregoing purposes.''.

     SEC. 5. MEMBERSHIP AND CHAPTERS.

       Section 300103 of title 36, United States Code, is 
     amended--
       (1) in subsection (a), by inserting ``, or as otherwise 
     provided,'' before ``in the bylaws'';
       (2) in subsection (b)(1)--
       (A) by striking ``board of governors'' and inserting 
     ``corporation''; and
       (B) by inserting ``policies and'' before ``regulations 
     related''; and
       (3) in subsection (b)(2)--
       (A) by inserting ``policies and'' before ``regulations 
     shall require''; and
       (B) by striking ``national convention'' and inserting 
     ``annual meeting''.

     SEC. 6. BOARD OF GOVERNORS.

       Section 300104 of title 36, United States Code, is amended 
     to read as follows:

     ``Sec. 300104. Board of governors

       ``(a) Board of Governors.--
       ``(1) In general.--The board of governors is the governing 
     body of the corporation with all powers of governing and 
     directing, and of overseeing the management of the business 
     and affairs of, the corporation.
       ``(2) Number.--The board of governors shall fix by 
     resolution, from time to time, the number of members 
     constituting the entire board of governors, provided that--
       ``(A) as of March 31, 2009, and thereafter, there shall be 
     no fewer than 12 and no more than 25 members; and
       ``(B) as of March 31, 2012, and thereafter, there shall be 
     no fewer than 12 and no more than 20 members constituting the 
     entire board.

     Procedures to implement the preceding sentence shall be 
     provided in the bylaws.
       ``(3) Appointment.--The governors shall be appointed or 
     elected in the following manner:
       ``(A) Chairman.--
       ``(i) In general.--The board of governors, in accordance 
     with procedures provided in

[[Page 4438]]

     the bylaws, shall recommend to the President an individual to 
     serve as chairman of the board of governors. If such 
     recommendation is approved by the President, the President 
     shall appoint such individual to serve as chairman of the 
     board of governors.
       ``(ii) Vacancies.--Vacancies in the office of the chairman, 
     including vacancies resulting from the resignation, death, or 
     removal by the President of the chairman, shall be filled in 
     the same manner described in clause (i).
       ``(iii) Duties.--The chairman shall be a member of the 
     board of governors and, when present, shall preside at 
     meetings of the board of governors and shall have such other 
     duties and responsibilities as may be provided in the bylaws 
     or a resolution of the board of governors.
       ``(B) Other members.--
       ``(i) In general.--Members of the board of governors other 
     than the chairman shall be elected at the annual meeting of 
     the corporation in accordance with such procedures as may be 
     provided in the bylaws.
       ``(ii) Vacancies.--Vacancies in any such elected board 
     position and in any newly created board position may be 
     filled by a vote of the remaining members of the board of 
     governors in accordance with such procedures as may be 
     provided in the bylaws.
       ``(b) Terms of Office.--
       ``(1) In general.--The term of office of each member of the 
     board of governors shall be 3 years, except that--
       ``(A) the board of governors may provide under the bylaws 
     that the terms of office of members of the board of governors 
     elected to the board of governors before March 31, 2012, may 
     be less than 3 years in order to implement the provisions of 
     subparagraphs (A) and (B) of subsection (a)(2); and
       ``(B) any member of the board of governors elected by the 
     board to fill a vacancy in a board position arising before 
     the expiration of its term may, as determined by the board, 
     serve for the remainder of that term or until the next annual 
     meeting of the corporation.
       ``(2) Staggered terms.--The terms of office of members of 
     the board of governors (other than the chairman) shall be 
     staggered such that, by March 31, 2012, and thereafter, \1/3\ 
     of the entire board (or as near to \1/3\ as practicable) 
     shall be elected at each successive annual meeting of the 
     corporation with the term of office of each member of the 
     board of governors elected at an annual meeting expiring at 
     the third annual meeting following the annual meeting at 
     which such member was elected.
       ``(3) Term limits.--No person may serve as a member of the 
     board of governors for more than such number of terms of 
     office or years as may be provided in the bylaws.
       ``(c) Committees and Officers.--The board--
       ``(1) may appoint, from its own members, an executive 
     committee to exercise such powers of the board when the board 
     is not in session as may be provided in the bylaws;
       ``(2) may appoint such other committees or advisory 
     councils with such powers as may be provided in the bylaws or 
     a resolution of the board of governors;
       ``(3) shall appoint such officers of the corporation, 
     including a chief executive officer, with such duties, 
     responsibilities, and terms of office as may be provided in 
     the bylaws or a resolution of the board of governors; and
       ``(4) may remove members of the board of governors (other 
     than the chairman), officers, and employees under such 
     procedures as may be provided in the bylaws or a resolution 
     of the board of governors.
       ``(d) Advisory Council.--
       ``(1) Establishment.--There shall be an advisory council to 
     the board of governors.
       ``(2) Membership; appointment by president.--
       ``(A) In general.--The advisory council shall be composed 
     of no fewer than 8 and no more than 10 members, each of whom 
     shall be appointed by the President from principal officers 
     of the executive departments and senior officers of the Armed 
     Forces whose positions and interests qualify them to 
     contribute to carrying out the programs and purposes of the 
     corporation.
       ``(B) Members from the armed forces.--At least 1, but not 
     more than 3, of the members of the advisory council shall be 
     selected from the Armed Forces.
       ``(3) Duties.--The advisory council shall advise, report 
     directly to, and meet, at least 1 time per year with the 
     board of governors, and shall have such name, functions and 
     be subject to such procedures as may be provided in the 
     bylaws.
       ``(e) Action Without Meeting.--Any action required or 
     permitted to be taken at any meeting of the board of 
     governors or of any committee thereof may be taken without a 
     meeting if all members of the board or committee, as the case 
     may be, consent thereto in writing, or by electronic 
     transmission and the writing or writings or electronic 
     transmission or transmissions are filed with the minutes of 
     proceedings of the board or committee. Such filing shall be 
     in paper form if the minutes are maintained in paper form and 
     shall be in electronic form if the minutes are maintained in 
     electronic form.
       ``(f) Voting by Proxy.--
       ``(1) In general.--Voting by proxy is not allowed at any 
     meeting of the board, at the annual meeting, or at any 
     meeting of a chapter.
       ``(2) Exception.--The board may allow the election of 
     governors by proxy during any emergency.
       ``(g) Bylaws.--
       ``(1) In general.--The board of governors may--
       ``(A) at any time adopt bylaws; and
       ``(B) at any time adopt bylaws to be effective only in an 
     emergency.
       ``(2) Emergency bylaws.--Any bylaws adopted pursuant to 
     paragraph (1)(B) may provide special procedures necessary for 
     managing the corporation during the emergency. All provisions 
     of the regular bylaws consistent with the emergency bylaws 
     remain effective during the emergency.
       ``(h) Definitions.--For purposes of this section--
       ``(1) the term `entire board' means the total number of 
     members of the board of governors that the corporation would 
     have if there were no vacancies; and
       ``(2) the term `emergency' shall have such meaning as may 
     be provided in the bylaws.''.

     SEC. 7. POWERS.

       Paragraph (a)(1) of section 300105 of title 36, United 
     States Code, is amended by striking ``bylaws'' and inserting 
     ``policies''.

     SEC. 8. ANNUAL MEETING.

       Section 300107 of title 36, United States Code, is amended 
     to read as follows:

     ``Sec. 300107. Annual meeting

       ``(a) In General.--The annual meeting of the corporation is 
     the annual meeting of delegates of the chapters.
       ``(b) Time of Meeting.--The annual meeting shall be held as 
     determined by the board of governors.
       ``(c) Place of Meeting.--The board of governors is 
     authorized to determine that the annual meeting shall not be 
     held at any place, but may instead be held solely by means of 
     remote communication subject to such procedures as are 
     provided in the bylaws.
       ``(d) Voting.--
       ``(1) In general.--In matters requiring a vote at the 
     annual meeting, each chapter is entitled to at least 1 vote, 
     and voting on all matters may be conducted by mail, 
     telephone, telegram, cablegram, electronic mail, or any other 
     means of electronic or telephone transmission, provided that 
     the person voting shall state, or submit information from 
     which it can be determined, that the method of voting chosen 
     was authorized by such person.
       ``(2) Establishment of number of votes.--
       ``(A) In general.--The board of governors shall determine 
     on an equitable basis the number of votes that each chapter 
     is entitled to cast, taking into consideration the size of 
     the membership of the chapters, the populations served by the 
     chapters, and such other factors as may be determined by the 
     board.
       ``(B) Periodic review.--The board of governors shall review 
     the allocation of votes at least every 5 years.''.

     SEC. 9. ENDOWMENT FUND.

       Section 300109 of title 36, United States Code is amended--
       (1) by striking ``nine'' from the first sentence thereof; 
     and
       (2) by striking the second sentence and inserting the 
     following: ``The corporation shall prescribe policies and 
     regulations on terms and tenure of office, accountability, 
     and expenses of the board of trustees.''.

     SEC. 10. ANNUAL REPORT AND AUDIT.

       Subsection (a) of section 300110 of title 36, United States 
     Code, is amended to read as follows:
       ``(a) Submission of Report.--As soon as practicable after 
     the end of the corporation's fiscal year, which may be 
     changed from time to time by the board of governors, the 
     corporation shall submit a report to the Secretary of Defense 
     on the activities of the corporation during such fiscal year, 
     including a complete, itemized report of all receipts and 
     expenditures.''.

     SEC. 11. COMPTROLLER GENERAL OF THE UNITED STATES AND OFFICE 
                   OF THE OMBUDSMAN.

       (a) In General.--Chapter 3001 of title 36, United States 
     Code, is amended by redesignating section 300111 as section 
     300113 and by inserting after section 300110 the following 
     new sections:

     ``Sec. 300111. Authority of the Comptroller General of the 
       United States

       ``The Comptroller General of the United States is 
     authorized to review the corporation's involvement in any 
     Federal program or activity the Government carries out under 
     law.

     ``Sec. 300112. Office of the Ombudsman

       ``(a) Establishment.--The corporation shall establish an 
     Office of the Ombudsman with such duties and responsibilities 
     as may be provided in the bylaws or a resolution of the board 
     of governors.
       ``(b) Report.--The Office of the Ombudsman shall submit a 
     report annually to Congress concerning any trends and 
     systemic matters that the Office of the Ombudsman has 
     identified as confronting the corporation.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     3001 of title 36, United States Code, is amended by striking 
     the item relating to section 300111 and inserting the 
     following:


[[Page 4439]]


``300111. Authority of the Comptroller General of the United States.
``300112. Office of the Ombudsman.
``300113. Reservation of right to amend or repeal.''.

  Mr. ENZI. Mr. President, I rise today to co-sponsor the American 
National Red Cross Governance Modernization Act of 2007. This 
legislation, a product of close cooperation with my colleagues Senator 
Grassley and Senator Kennedy, seeks to create a more efficient 
governance structure of the American Red Cross, and to enhance the 
Board of Governors' ability to support the critical mission of the 
American Red Cross in the 21st Century.
  Charitable organizations are an indispensable part of American 
society, but these organizations can only fulfill their important roles 
by maintaining the trust of the American public. This trust is fostered 
by effective governance and transparency, which are the principal goals 
of this legislation. The role of the American Red Cross is one of vital 
significance to the American people. The ability of the American Red 
Cross to meet its responsibilities requires a governance structure that 
reflects a need for clear mission and a culture of accountability.
  This past October the American Red Cross Board of Governors announced 
its unanimous support for a series of important changes to its charter 
and business practice. The American National Red Cross Governance 
Modernization Act of 2007 enables a number of those changes, including 
clarifying the role of the Board of Governors as one of governance and 
strategic oversight. As this bill facilitates these governance reforms, 
the American Red Cross is expected to continue to implement amendments 
to its bylaws consistent with those described in the Governance Report 
to clarify further the role of the Board of Governors and to outline 
areas of its responsibility.
  This bill ensures that the American Red Cross will remain a federally 
chartered instrumentality of the United States, and it has the rights 
and obligations consistent with that status. Consistent with that 
status Congress expects that the American Red Cross will maintain 
appropriate communications with State regulators of charitable 
organizations and to cooperate with them as appropriate in specific 
matters as they arise from time to time.
  Finally, we believe the effectiveness of the American Red Cross will 
be promoted by the creation of a Red Cross ombudsman to be a dispute 
resolution practitioner to provide confidential and informal assistance 
to the many internal and external stakeholders of the American Red 
Cross. The American Red Cross ombudsman will report to Congress, the 
American Red Cross chief executive officer, and the audit committee of 
the Board of Governors. The Red Cross ombudsman will have access to 
anyone and any documents in the American Red Cross. This is an 
important tool for improving processes and protections for those inside 
the American Red Cross who wish to express concerns about the 
organizations practices and procedures, and an important tool for 
Congress in providing oversight of the activities of the American Red 
Cross.
  I urge my colleagues to vote for the American National Red Cross 
Governance Modernization Act of 2007.
                                 ______
                                 
      By Mr. REED (for himself, Mr. Roberts, Mr. Kennedy, Mr. Burr, 
        Mrs. Murray, Mr. Hatch, Mr. Brown, Mrs. Clinton, Mr. Isakson, 
        Mr. Bingaman, Ms. Collins, and Mr. Biden):
  S. 657. A bill to amend the Public Health Service Act to add 
requirements regarding trauma care, and for other purposes; to the 
Committee on Health, Education, Labor, and Pensions.
  Mr. REED. Mr. President, I am pleased to join my colleague, Senator 
Roberts, along with Senators Kennedy, Burr, Murray, Clinton, Brown, 
Bingaman, Collins, Isakson, and Biden in introducing the Trauma Care 
Systems Planning and Development Act.
  Our Nation's emergency medical system is a system on the brink. We 
need to support and strengthen this essential component of our health 
care system. The Trauma Care Systems Planning and Development Act is an 
important building block to achieving an improved national network of 
care across the country.
  Unintentional injury is the leading cause of death among people 
between the ages of 1 to 44 and in 2002, injuries were responsible for 
161,000 deaths. In 2004, about 29.6 million people were treated for an 
injury in U.S. hospital emergency departments, of which nearly 2 
million injuries were severe enough to require hospitalization. Yet, 
between 20,000 and 25,000 trauma deaths are preventable each year.
  A trauma system is an organized, coordinated effort in a specific 
area that delivers the full range of care to all injured patients. It 
provides resources, supporting equipment, and personnel along a 
continuum of care including pre-hospital, hospital, and rehabilitation 
services. Trauma systems have been proven to reduce mortality rates and 
provide efficient, cost-effective, and timely care. Since 1990, the 
Federal Government, through Title XII of the Public Health Service Act, 
has helped States and territories develop and implement regional and 
statewide trauma care systems.
  The legislation I am introducing today along with my colleagues will 
reauthorize and reaffirm the Federal Government's commitment to trauma 
care systems. It will also authorize additional resources for systems 
planning and development, as well as improved data collection and 
analysis and the inclusion of an Institute of Medicine study on the 
state of trauma care and trauma research.
  Trauma care is not only critical to providing timely access to 
lifesaving interventions for persons suffering from serious 
unintentional injuries, it is central to our national security and 
disaster preparedness. The tragic events of September 11, 2001 and 
Hurricanes Rita and Katrina serve as stark reminders of the potential 
intentional and natural disasters that threaten our Nation. Trauma care 
systems are an important element of our security and response efforts.
  I look forward to working with my colleagues toward expeditious 
passage of this legislation. I ask unanimous consent that the text of 
the Trauma Care Systems Planning and Development Act 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. 657

       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 ``Trauma Care Systems Planning 
     and Development Act of 2007''.

     SEC. 2. ESTABLISHMENT.

       Section 1201 of the Public Health Service Act (42 U.S.C. 
     300d) is amended to read as follows:

     ``SEC. 1201. ESTABLISHMENT.

       ``(a) In General.--The Secretary shall, with respect to 
     trauma care--
       ``(1) conduct and support research, training, evaluations, 
     and demonstration projects;
       ``(2) foster the development of appropriate, modern systems 
     of such care through the sharing of information among 
     agencies and individuals involved in the study and provision 
     of such care;
       ``(3) collect, compile, and disseminate information on the 
     achievements of, and problems experienced by, State and local 
     agencies and private entities in providing trauma care and 
     emergency medical services and, in so doing, give special 
     consideration to the unique needs of rural areas;
       ``(4) provide to State and local agencies technical 
     assistance to enhance each State's capability to develop, 
     implement, and sustain the trauma care component of each 
     State's plan for the provision of emergency medical services;
       ``(5) sponsor workshops and conferences; and
       ``(6) promote the collection and categorization of trauma 
     data in a consistent and standardized manner.
       ``(b) Grants, Cooperative Agreements, and Contracts.--The 
     Secretary may make grants, and enter into cooperative 
     agreements and contracts, for the purpose of carrying out 
     subsection (a).''.

     SEC. 3. CLEARINGHOUSE ON TRAUMA CARE AND EMERGENCY MEDICAL 
                   SERVICES.

       The Public Health Service Act (42 U.S.C. 201 et seq.) is 
     amended--

[[Page 4440]]

       (1) by striking section 1202; and
       (2) by redesignating section 1203 as section 1202.

     SEC. 4. ESTABLISHMENT OF PROGRAMS FOR IMPROVING TRAUMA CARE 
                   IN RURAL AREAS.

       Section 1202 of the Public Health Service Act, as 
     redesignated by section 3(2), is amended to read as follows:

     ``SEC. 1202. ESTABLISHMENT OF PROGRAMS FOR IMPROVING TRAUMA 
                   CARE IN RURAL AREAS.

       ``(a) In General.--The Secretary may make grants to public 
     and nonprofit private entities for the purpose of carrying 
     out research and demonstration projects with respect to 
     improving the availability and quality of emergency medical 
     services in rural areas--
       ``(1) by developing innovative uses of communications 
     technologies and the use of new communications technology;
       ``(2) by developing model curricula, such as advanced 
     trauma life support, for training emergency medical services 
     personnel, including first responders, emergency medical 
     technicians, emergency nurses and physicians, and 
     paramedics--
       ``(A) in the assessment, stabilization, treatment, 
     preparation for transport, and resuscitation of seriously 
     injured patients, with special attention to problems that 
     arise during long transports and to methods of minimizing 
     delays in transport to the appropriate facility; and
       ``(B) in the management of the operation of the emergency 
     medical services system;
       ``(3) by making training for original certification, and 
     continuing education, in the provision and management of 
     emergency medical services more accessible to emergency 
     medical personnel in rural areas through telecommunications, 
     home studies, providing teachers and training at locations 
     accessible to such personnel, and other methods;
       ``(4) by developing innovative protocols and agreements to 
     increase access to prehospital care and equipment necessary 
     for the transportation of seriously injured patients to the 
     appropriate facilities;
       ``(5) by evaluating the effectiveness of protocols with 
     respect to emergency medical services and systems; and
       ``(6) by increasing communication and coordination with 
     State trauma systems.
       ``(b) Special Consideration for Certain Rural Areas.--In 
     making grants under subsection (a), the Secretary shall give 
     special consideration to any applicant for the grant that 
     will provide services under the grant in any rural area 
     identified by a State under section 1214(d)(1).
       ``(c) Requirement of Application.--The Secretary may not 
     make a grant under subsection (a) unless an application for 
     the grant is submitted to the Secretary and the application 
     is in such form, is made in such manner, and contains such 
     agreements, assurances, and information as the Secretary 
     determines to be necessary to carry out this section.''.

     SEC. 5. COMPETITIVE GRANTS.

       Part A of title XII of the Public Health Service Act, as 
     amended by section 3, is amended by adding at the end the 
     following:

     ``SEC. 1203. COMPETITIVE GRANTS FOR THE IMPROVEMENT OF TRAUMA 
                   CARE.

       ``(a) In General.--The Secretary, acting through the 
     Administrator of the Health Resources and Services 
     Administration, may make grants to States, political 
     subdivisions, or consortia of States or political 
     subdivisions for the purpose of improving access to and 
     enhancing the development of trauma care systems.
       ``(b) Use of Funds.--The Secretary may make a grant under 
     this section only if the applicant agrees to use the grant--
       ``(1) to integrate and broaden the reach of a trauma care 
     system, such as by developing innovative protocols to 
     increase access to prehospital care;
       ``(2) to strengthen, develop, and improve an existing 
     trauma care system;
       ``(3) to expand communications between the trauma care 
     system and emergency medical services through improved 
     equipment or a telemedicine system;
       ``(4) to improve data collection and retention; or
       ``(5) to increase education, training, and technical 
     assistance opportunities, such as training and continuing 
     education in the management of emergency medical services 
     accessible to emergency medical personnel in rural areas 
     through telehealth, home studies, and other methods.
       ``(c) Preference.--In selecting among States, political 
     subdivisions, and consortia of States or political 
     subdivisions for purposes of making grants under this 
     section, the Secretary shall give preference to applicants 
     that--
       ``(1) have developed a process, using national standards, 
     for designating trauma centers;
       ``(2) recognize protocols for the delivery of seriously 
     injured patients to trauma centers;
       ``(3) implement a process for evaluating the performance of 
     the trauma system; and
       ``(4) agree to participate in information systems described 
     in section 1202 by collecting, providing, and sharing 
     information.
       ``(d) Priority.--In making grants under this section, the 
     Secretary shall give priority to applicants that will use the 
     grants to focus on improving access to trauma care systems.
       ``(e) Special Consideration.--In awarding grants under this 
     section, the Secretary shall give special consideration to 
     projects that demonstrate strong State or local support, 
     including availability of non-Federal contributions.''.

     SEC. 6. REQUIREMENT OF MATCHING FUNDS FOR FISCAL YEARS 
                   SUBSEQUENT TO FIRST FISCAL YEAR OF PAYMENTS.

       Section 1212 of the Public Health Service Act (42 U.S.C. 
     300d-12) is amended to read as follows:

     ``SEC. 1212. REQUIREMENT OF MATCHING FUNDS FOR FISCAL YEARS 
                   SUBSEQUENT TO FIRST FISCAL YEAR OF PAYMENTS.

       ``(a) Non-Federal Contributions.--
       ``(1) In general.--The Secretary may not make payments 
     under section 1211(a) unless the State involved agrees, with 
     respect to the costs described in paragraph (2), to make 
     available non-Federal contributions (in cash or in kind under 
     subsection (b)(1)) toward such costs in an amount that--
       ``(A) for the second and third fiscal years of such 
     payments to the State, is not less than $1 for each $1 of 
     Federal funds provided in such payments for such fiscal 
     years; and
       ``(B) for the fourth and subsequent fiscal years of such 
     payments to the State, is not less than $2 for each $1 of 
     Federal funds provided in such payments for such fiscal 
     years.
       ``(2) Program costs.--The costs referred to in paragraph 
     (1) are--
       ``(A) the costs to be incurred by the State in carrying out 
     the purpose described in section 1211(b); or
       ``(B) the costs of improving the quality and availability 
     of emergency medical services in rural areas of the State.
       ``(3) Initial year of payments.--The Secretary may not 
     require a State to make non-Federal contributions as a 
     condition of receiving payments under section 1211(a) for the 
     first fiscal year of such payments to the State.
       ``(b) Determination of Amount of Non-Federal 
     Contribution.--With respect to compliance with subsection (a) 
     as a condition of receiving payments under section 1211(a)--
       ``(1) a State may make the non-Federal contributions 
     required in such subsection in cash or in kind, fairly 
     evaluated, including plant, equipment, or services; and
       ``(2) the Secretary may not, in making a determination of 
     the amount of non-Federal contributions, include amounts 
     provided by the Federal Government or services assisted or 
     subsidized to any significant extent by the Federal 
     Government.''.

     SEC. 7. REQUIREMENTS WITH RESPECT TO CARRYING OUT PURPOSE OF 
                   ALLOTMENTS.

       Section 1213 of the Public Health Service Act (42 U.S.C. 
     300d-13) is amended to read as follows:

     ``SEC. 1213. REQUIREMENTS WITH RESPECT TO CARRYING OUT 
                   PURPOSE OF ALLOTMENTS.

       ``(a) Trauma Care Modifications to State Plan for Emergency 
     Medical Services.--With respect to the trauma care component 
     of a State plan for the provision of emergency medical 
     services, the modifications referred to in section 1211(b) 
     are such modifications to the State plan as may be necessary 
     for the State involved to ensure that the plan provides for 
     access to the highest possible quality of trauma care, and 
     that the plan--
       ``(1) specifies that the modifications required pursuant to 
     paragraphs (2) through (11) will be implemented by the 
     principal State agency with respect to emergency medical 
     services or by the designee of such agency;
       ``(2) specifies a public or private entity that will 
     designate trauma care regions and trauma centers in the 
     State;
       ``(3) subject to subsection (b), contains national 
     standards and requirements of the American College of 
     Surgeons or another appropriate entity for the designation of 
     level I and level II trauma centers, and in the case of rural 
     areas level III trauma centers (including trauma centers with 
     specified capabilities and expertise in the care of pediatric 
     trauma patient), by such entity, including standards and 
     requirements for--
       ``(A) the number and types of trauma patients for whom such 
     centers must provide care in order to ensure that such 
     centers will have sufficient experience and expertise to be 
     able to provide quality care for victims of injury;
       ``(B) the resources and equipment needed by such centers; 
     and
       ``(C) the availability of rehabilitation services for 
     trauma patients;
       ``(4) contains standards and requirements for the 
     implementation of regional trauma care systems, including 
     standards and guidelines (consistent with the provisions of 
     section 1867 of the Social Security Act) for medically 
     directed triage and transportation of trauma patients 
     (including patients injured in rural areas) prior to care in 
     designated trauma centers;
       ``(5) subject to subsection (b), contains national 
     standards and requirements, including those of the American 
     Academy of Pediatrics and the American College of Emergency 
     Physicians, for medically directed triage and

[[Page 4441]]

     transport of severely injured children to designated trauma 
     centers with specified capabilities and expertise in the care 
     of the pediatric trauma patient;
       ``(6) utilizes a program with procedures for the evaluation 
     of designated trauma centers (including trauma centers 
     described in paragraph (5)) and trauma care systems;
       ``(7) provides for the establishment and collection of data 
     in accordance with data collection requirements developed in 
     consultation with surgical, medical, and nursing specialty 
     groups, State and local emergency medical services directors, 
     and other trained professionals in trauma care, from each 
     designated trauma center in the State of a central data 
     reporting and analysis system--
       ``(A) to identify the number of severely injured trauma 
     patients and the number of deaths from trauma within trauma 
     care systems in the State;
       ``(B) to identify the cause of the injury and any factors 
     contributing to the injury;
       ``(C) to identify the nature and severity of the injury;
       ``(D) to monitor trauma patient care (including prehospital 
     care) in each designated trauma center within regional trauma 
     care systems in the State (including relevant emergency-
     department discharges and rehabilitation information) for the 
     purpose of evaluating the diagnosis, treatment, and treatment 
     outcome of such trauma patients;
       ``(E) to identify the total amount of uncompensated trauma 
     care expenditures for each fiscal year by each designated 
     trauma center in the State; and
       ``(F) to identify patients transferred within a regional 
     trauma system, including reasons for such transfer and the 
     outcomes of such patients;
       ``(8) provides for the use of procedures by paramedics and 
     emergency medical technicians to assess the severity of the 
     injuries incurred by trauma patients;
       ``(9) provides for appropriate transportation and transfer 
     policies to ensure the delivery of patients to designated 
     trauma centers and other facilities within and outside of the 
     jurisdiction of such system, including policies to ensure 
     that only individuals appropriately identified as trauma 
     patients are transferred to designated trauma centers, and to 
     provide periodic reviews of the transfers and the auditing of 
     such transfers that are determined to be appropriate;
       ``(10) conducts public education activities concerning 
     injury prevention and obtaining access to trauma care;
       ``(11) coordinates planning for trauma systems with State 
     disaster emergency planning and bioterrorism hospital 
     preparedness planning; and
       ``(12) with respect to the requirements established in this 
     subsection, provides for coordination and cooperation between 
     the State and any other State with which the State shares any 
     standard metropolitan statistical area.
       ``(b) Certain Standards With Respect to Trauma Care Centers 
     and Systems.--
       ``(1) In general.--The Secretary may not make payments 
     under section 1211(a) for a fiscal year unless the State 
     involved agrees that, in carrying out paragraphs (3) through 
     (5) of subsection (a), the State will adopt standards for the 
     designation of trauma centers, and for triage, transfer, and 
     transportation policies, and that the State will, in adopting 
     such standards--
       ``(A) take into account national standards concerning that 
     outline resources for optimal care of the injured patient;
       ``(B) consult with medical, surgical, and nursing 
     speciality groups, hospital associations, emergency medical 
     services State and local directors, concerned advocates and 
     other interested parties;
       ``(C) conduct hearings on the proposed standards after 
     providing adequate notice to the public concerning such 
     hearing; and
       ``(D) beginning in fiscal year 2008, take into account the 
     model plan described in subsection (c).
       ``(2) Quality of trauma care.--The highest quality of 
     trauma care shall be the primary goal of State standards 
     adopted under this subsection.
       ``(3) Approval by the secretary.--The Secretary may not 
     make payments under section 1211(a) to a State if the 
     Secretary determines that--
       ``(A) in the case of payments for fiscal year 2008 and 
     subsequent fiscal years, the State has not taken into account 
     national standards, including those of the American College 
     of Surgeons, the American College of Emergency Physicians, 
     and the American Academy of Pediatrics, in adopting standards 
     under this subsection; or
       ``(B) in the case of payments for fiscal year 2008 and 
     subsequent fiscal years, the State has not, in adopting such 
     standards, taken into account the model plan developed under 
     subsection (c) .
       ``(c) Model Trauma Care Plan.--
       ``(1) In general.--Not later than 1 year after the date of 
     the enactment of the Trauma Care Systems Planning and 
     Development Act of 2007, the Secretary shall update the model 
     plan for the designation of trauma centers and for triage, 
     transfer, and transportation policies that may be adopted for 
     guidance by the State. Such plan shall--
       ``(A) take into account national standards, including those 
     of the American College of Surgeons, American College of 
     Emergency Physicians, and the American Academy of Pediatrics;
       ``(B) take into account existing State plans;
       ``(C) be developed in consultation with medical, surgical, 
     and nursing speciality groups, hospital associations, 
     emergency medical services State directors and associations, 
     and other interested parties; and
       ``(D) include standards for the designation of rural health 
     facilities and hospitals best able to receive, stabilize, and 
     transfer trauma patients to the nearest appropriate 
     designated trauma center, and for triage, transfer, and 
     transportation policies as they relate to rural areas.
       ``(2) Applicability.--Standards described in paragraph 
     (1)(D) shall be applicable to all rural areas in the State, 
     including both non-metropolitan areas and frontier areas that 
     have populations of less than 6,000 per square mile.
       ``(d) Rule of Construction With Respect to Number of 
     Designated Trauma Centers.--With respect to compliance with 
     subsection (a) as a condition of the receipt of a grant under 
     section 1211(a), such subsection may not be construed to 
     specify the number of trauma care centers designated pursuant 
     to such subsection.''.

     SEC. 8. REQUIREMENT OF SUBMISSION TO SECRETARY OF TRAUMA PLAN 
                   AND CERTAIN INFORMATION.

       Section 1214 of the Public Health Service Act (42 U.S.C. 
     300d-14) is amended to read as follows:

     ``SEC. 1214. REQUIREMENT OF SUBMISSION TO SECRETARY OF TRAUMA 
                   PLAN AND CERTAIN INFORMATION.

       ``(a) In General.--For each fiscal year, the Secretary may 
     not make payments to a State under section 1211(a) unless, 
     subject to subsection (b), the State submits to the Secretary 
     the trauma care component of the State plan for the provision 
     of emergency medical services, including any changes to the 
     trauma care component and any plans to address deficiencies 
     in the trauma care component.
       ``(b) Interim Plan or Description of Efforts.--For each 
     fiscal year, if a State has not completed the trauma care 
     component of the State plan described in subsection (a), the 
     State may provide, in lieu of such completed component, an 
     interim component or a description of efforts made toward the 
     completion of the component.
       ``(c) Information Received by State Reporting and Analysis 
     System.--The Secretary may not make payments to a State under 
     section 1211(a) unless the State agrees that the State will, 
     not less than once each year, provide to the Secretary the 
     information received by the State pursuant to section 
     1213(a)(7).
       ``(d) Availability of Emergency Medical Services in Rural 
     Areas.--The Secretary may not make payments to a State under 
     section 1211(a) unless--
       ``(1) the State identifies any rural area in the State for 
     which--
       ``(A) there is no system of access to emergency medical 
     services through the telephone number 911;
       ``(B) there is no basic life-support system; or
       ``(C) there is no advanced life-support system; and
       ``(2) the State submits to the Secretary a list of rural 
     areas identified pursuant to subparagraph (A) or, if there 
     are no such areas, a statement that there are no such 
     areas.''.

     SEC. 9. RESTRICTIONS ON USE OF PAYMENTS.

       Section 1215 of the Public Health Service Act (42 U.S.C. 
     300d-15) is amended to read as follows:

     ``SEC. 1215. RESTRICTIONS ON USE OF PAYMENTS.

       ``(a) In General.--The Secretary may not, except as 
     provided in subsection (b), make payments under section 
     1211(a) for a fiscal year unless the State involved agrees 
     that the payments will not be expended--
       ``(1) for any purpose other than developing, implementing, 
     and monitoring the modifications required by section 1211(b) 
     to be made to the State plan for the provision of emergency 
     medical services;
       ``(2) to make cash payments to intended recipients of 
     services provided pursuant to this section;
       ``(3) to purchase or improve real property (other than 
     minor remodeling of existing improvements to real property);
       ``(4) to satisfy any requirement for the expenditure of 
     non-Federal funds as a condition for the receipt of Federal 
     funds; or
       ``(5) to provide financial assistance to any entity other 
     than a public or nonprofit private entity.
       ``(b) Waiver.--The Secretary may waive a restriction under 
     subsection (a) only if the Secretary determines that the 
     activities outlined by the State plan submitted under section 
     1214(a)(1) by the State involved cannot otherwise be carried 
     out.''.

     SEC. 10. REQUIREMENTS OF REPORTS BY STATES.

       The Public Health Service Act (42 U.S.C. 201 et seq.) is 
     amended by striking section 1216.

     SEC. 11. REPORT BY SECRETARY.

       Section 1222 of the Public Health Service Act (42 U.S.C. 
     300d-22) is amended to read as follows:

[[Page 4442]]



     ``SEC. 1222. REPORT BY SECRETARY.

       ``Not later than October 1, 2008, the Secretary shall 
     report to the appropriate committees of Congress on the 
     activities of the States carried out pursuant to section 
     1211. Such report shall include an assessment of the extent 
     to which Federal and State efforts to develop systems of 
     trauma care and to designate trauma centers have reduced the 
     incidence of mortality, and the incidence of permanent 
     disability, resulting from trauma. Such report may include 
     any recommendations of the Secretary for appropriate 
     administrative and legislative initiatives with respect to 
     trauma care.''.

     SEC. 12. FUNDING.

       Section 1232 of the Public Health Service Act (42 U.S.C. 
     300d-32) is amended to read as follows:

     ``SEC. 1232. FUNDING.

       ``(a) Authorization of Appropriations.--For the purpose of 
     carrying out parts A and B, there are authorized to be 
     appropriated $12,000,000 for fiscal year 2008, $10,000,000 
     for fiscal year 2009, and $8,000,000 for each of the fiscal 
     years 2010 through 2012.
       ``(b) Reservation of Funds.--If the amount appropriated 
     under subsection (a) for a fiscal year is equal to or less 
     than $1,000,000, such appropriation is available only for 
     making grants under part A. If the amount so appropriated is 
     greater than $1,000,000, 50 percent of such appropriation 
     shall be made available for grants under part A and 50 
     percent shall be made available for grants under part B.
       ``(c) Allocation of Funds by Secretary.--
       ``(1) General authority.--For the purpose of carrying out 
     part A, the Secretary shall make available 10 percent of the 
     amounts appropriated for a fiscal year under subsection (a).
       ``(2) Rural grants.--For the purpose of carrying out 
     section 1202, the Secretary shall make available 10 percent 
     of the amounts appropriated for a fiscal year under 
     subsection (a).''.

     SEC. 13. INSTITUTE OF MEDICINE STUDY.

       Part E of title XII of the Public Health Service Act (20 
     U.S.C. 300d-51 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 1254. INSTITUTE OF MEDICINE STUDY.

       ``(a) In General.--The Secretary shall enter into a 
     contract with the Institute of Medicine of the National 
     Academy of Sciences, or another appropriate entity, to 
     conduct a study on the state of trauma care and trauma 
     research.
       ``(b) Content.--The study conducted under subsection (a) 
     shall--
       ``(1) examine and evaluate the state of trauma care and 
     trauma systems research (including the role of Federal 
     entities in trauma research) on the date of enactment of this 
     section, and identify trauma research priorities;
       ``(2) examine and evaluate the clinical effectiveness of 
     trauma care and the impact of trauma care on patient 
     outcomes, with special attention to high-risk groups, such as 
     children, the elderly, and individuals in rural areas;
       ``(3) examine and evaluate trauma systems development and 
     identify obstacles that prevent or hinder the effectiveness 
     of trauma systems and trauma systems development;
       ``(4) examine and evaluate alternative strategies for the 
     organization, financing, and delivery of trauma care within 
     an overall systems approach; and
       ``(5) examine and evaluate the role of trauma systems and 
     trauma centers in preparedness for mass casualties.
       ``(c) Report.--Not later than 2 years after the date of 
     enactment of this section, the Secretary shall submit to the 
     appropriate committees of Congress a report containing the 
     results of the study conducted under this section.
       ``(d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $750,000 for 
     fiscal year 2008.''.

     SEC. 14. RESIDENCY TRAINING PROGRAMS IN EMERGENCY MEDICINE.

       Section 1251 of the Public Health Service Act (42 U.S.C. 
     300d-51) is amended to read as follows:

     ``SEC. 1251. RESIDENCY TRAINING PROGRAMS IN EMERGENCY 
                   MEDICINE.

       ``(a) In General.--The Secretary may make grants to public 
     and nonprofit private entities for the purpose of planning 
     and developing approved residency training programs in 
     emergency medicine.
       ``(b) Identification and Referral of Domestic Violence.--
     The Secretary may make a grant under subsection (a) only in 
     the applicant involved agrees that the training programs 
     under subsection (a) will provide education and training in 
     identifying and referring cases of domestic violence.
       ``(c) Authorization of Appropriations.--For the purpose of 
     carrying out this section, there is authorized to be 
     appropriated $400,000 for each of the fiscal years 2008 
     though 2012.''.

     SEC. 15. STATE GRANTS FOR CERTAIN PROJECTS.

       Section 1252 of the Public Health Service Act (42 U.S.C. 
     300d-52) is amended in the section heading by striking 
     ``DEMONSTRATION''.
                                 ______
                                 
      By Mr. REID (for Mrs. Clinton (for herself, Ms. Snowe, and Mr. 
        Cochran)):
  S. 661. A bill to establish kinship navigator programs, to establish 
guardianship assistance payments for children, and for other purposes; 
to the Committee on Finance.
  Mrs. CLINTON. Mr. President, I am pleased to re-introduce the Kinship 
Caregiver Support Act today with my friend and colleague, Senator 
Olympia Snowe. The growth of kinship care is a phenomenon that is 
quietly changing the face of the American family and creating new 
challenges for our Nation's child welfare system. This bill would be a 
huge help to kinship caregivers in New York and across the country.
  Nationwide, now more than ever children are living in households 
headed by grandparents and other relatives. In New York City alone, 
there are over 245,000 adolescents already living in grandparent 
households. Nationwide, an estimated 20,000 children living in foster 
care could leave the system if Congress made subsidized guardianship 
available to their families.
  As caregivers who often become parents unexpectedly, these generous 
family members face unique challenges to successfully raising children. 
These challenges are physical, emotional and of course, financial. 
Grandparents and other relatives raising children often encounter a 
variety of unnecessary barriers, including difficulties enrolling 
children in school, authorizing medical treatment, maintaining their 
public housing leases, obtaining affordable legal services, and 
accessing a variety of Federal benefits and services. Almost one-fifth 
of grandparents responsible for their grandchildren live in poverty.
  The Kinship Caregiver Support Act attempts to address the full range 
of difficulties facing kinship caregivers, by allowing relatives to 
become formal guardians while receiving some financial assistance. This 
bill will provide relative caregivers with the information and 
assistance they need to thrive as non-traditional families.
  First, the Act contains a ``subsidized guardianship provision'', 
which will give States the option to use their Title IV-E funds to 
provide payments to grandparents and other relatives who have assumed 
legal guardianship of children they have cared for as foster parents.
  The Act also establishes the Kinship Navigator Program, which will 
provide families with the guidance they need to learn how to obtain 
health care coverage for the children in their care, apply for housing 
assistance, locate childcare, enroll children in school, and gain 
access to other services.
  Finally, this legislation will require States to notify grandparents 
and other close relatives when children enter the foster care system. 
Unfortunately, grandparents and other relatives often do not know when 
their grandchildren or nieces and nephews come under the care of the 
State. Notifying grandparents and other relatives when children enter 
the foster care system will make it easier for families to stay 
together.
  So many grandparents and other relatives are making great personal 
sacrifices to provide safe and loving homes for the children in their 
care. It is my hope that my colleagues will join Senator Snowe and me 
as we continue this fight for children and families.
                                 ______
                                 
      By Mr. McCAIN:
  S. 663. A bill to amend title 10, United States Code, to repeal the 
statutory designation of beneficiaries of the $100,000 death gratuity 
under section 1477 of title 10, United States Code, and to permit 
members of the Armed Forces to designate in writing their beneficiaries 
of choice in the event of their death while serving on active duty; to 
the Committee on Armed Services.
  Mr. McCAIN. Mr. President, today I am introducing legislation to fix 
a serious problem that has recently come to light with respect to the 
administration of the so-called Death Gratuity. The legislation is 
designed to ensure that a service member can designate to whom a death 
gratuity benefit is awarded.
  Today's Washington Post includes an informative yet troubling article 
describing the plight of the mother of

[[Page 4443]]

Petty Officer Second Class Jaime S. Jaenke, U. S. Navy, who died in 
Iraq in June 2006 as a result of an IED attack. Petty Officer Jaenke 
was a member of the Navy Reserve and a medic assigned to a Seabee 
Construction Battalion. She left behind a young daughter, Kayla, who is 
in the care of Kayla's grandmother, Susan Jaenke.
  Regrettably, because of the manner in which death benefits are 
administered, a hardship situation has been created for Mrs. Jaenke. 
The article spells out that while the insurance proceeds have been set 
aside by the State court for the benefit of Kayla, they have not yet 
been made available. So in the meantime her grandmother is left trying 
to make ends meet because she is not allowed to receive the gratuity 
benefit that her daughter thought she would be providing, should the 
service member's unfortunate death occur.
  The article describes a very difficult situation for the person on 
who Petty Officer Jaenke depended. The financial difficulties Mrs. 
Jaenke is experiencing is due in part by confusion about how the death 
gratuity benefit--a sum of $100,000--is being administered under law.
  Under current law, the recipient of the $100,000 is dictated by the 
statute. It provides that a benefit is first awarded to an existing 
spouse. If there is no spouse, it then is provided to the children, and 
so on. It's a scheme that was set up to permit speedy resolution of 
what used to be a very modest benefit. In today's world, however, with 
the complex needs of service members, it does not comport with the 
realities of many of our service members and their families. It needs 
to be changed.
  The legislation I am introducing would replace the statutory order of 
beneficiaries with provisions identical to that used to select 
beneficiaries under the Servicemembers' Group Life Insurance--SGLI. The 
bill would give service members the power to select precisely who will 
receive the $100,00 death gratuity. It would require the Secretary of 
Defense to, no later than April 1, 2007, to prepare regulations and 
create election forms that will enable service members to designate who 
will receive this benefit.
  I hope we can move this legislation quickly and ensure that the 
intentions of our service members regarding the well being of their 
children and families can be carried out. We owe at least that much to 
those who are giving their lives for our nation.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 663

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

     SECTION 1. MODIFICATION OF SCHEME FOR PAYMENT OF DEATH 
                   GRATUITY PAYABLE WITH RESPECT TO MEMBERS OF THE 
                   ARMED FORCES.

       (a) Findings.--Congress makes the following findings:
       (1) The death gratuity authorized under sections 1475 to 
     1480 of title 10, United States Code, was intended, when 
     originally enacted to provide an immediate cash payment to 
     assist survivors of deceased members of the Armed Forces to 
     meet their financial needs during the period immediately 
     following a member's death and before other survivor benefits 
     become available.
       (2) The death gratuity, when first implemented in 1908, 
     amounted to six months of a service member's pay and, until 
     1991, could not exceed $3,000.
       (3) However, following the attacks of September 11, 2001, 
     and the initiation of Operation Enduring Freedom and 
     Operation Iraqi Freedom, Congress determined that the death 
     benefits available to survivors of members of the Armed 
     Forces should be substantially increased.
       (4) The National Defense Authorization Act for Fiscal Year 
     2006, which was enacted on January 6, 2006, as Public Law 
     109-163, increased the amount of the death gratuity to 
     $100,000, effective retroactively to October 7, 2001.
       (5) Under section 1477 of title 10, United States Code, the 
     law authorizing the death gratuity, those living relatives of 
     deceased members of the Armed Forces who shall receive the 
     death gratuity are specifically designated. Service members 
     are not provided with the opportunity to make an election 
     choosing a beneficiary other than those set forth in section 
     1477 of title 10, United States Code.
       (6) The increased death gratuity, in combination with 
     benefits available under the Servicemembers' Group Life 
     Insurance program, the Survivor Benefit Plan, and Dependency 
     and Indemnity Compensation provide significant support and 
     compensation to the next of kin of deceased members of the 
     Armed Forces. Individual members are best qualified to 
     determine who the beneficiaries for death benefits should be 
     and should be afforded the opportunity to make these 
     selections at appropriate times throughout military service 
     and particularly prior to mobilization or deployment to a 
     combat zone.
       (7) Under the current system, many members of the Armed 
     Forces have designated individuals as beneficiaries for the 
     death gratuity in a manner not provided for by law. In these 
     cases, the wishes of these members regarding the disposition 
     of the death gratuity has in many cases not been implemented, 
     to the detriment of their children and other loved ones.
       (b) Sense of Congress.--It is the sense of Congress that 
     all members of the Armed Forces should be given the 
     opportunity to affirmatively select who shall receive the 
     death gratuity and that the Secretary of Defense and the 
     Secretaries of the military departments should take prompt 
     action to afford members the opportunity to make an election 
     in writing about the disposition of the death gratuity 
     proceeds and to provide appropriate and timely counseling 
     about the manner in which the proceeds of the death gratuity 
     and other forms of insurance will be administered.
       (c) Modification.--
       (1) In general.--Subsection (a) of section 1477 of title 
     10, United States Code, is amended by striking all that 
     follows ``on the following list:'' and inserting the 
     following:
       ``(1) To any individual designated by the person in 
     writing.
       ``(2) If there is no person so designated, to the surviving 
     spouse of the person.
       ``(3) If there is none of the above, to the children (as 
     prescribed by subsection (b)) of the person and the 
     descendants of any deceased children by representation.
       ``(4) If there is none of the above, to the parents (as 
     prescribed by subsection (c)) of the person or the survivor 
     of them.
       ``(5) If there is none of the above, to the duly appointed 
     executor or administrator of the estate of the person.
       ``(6) If there is none of the above, to other next of kin 
     of the person entitled under the laws of domicile of the 
     person at the time of the person's death.''.
       (2) Conforming amendments.--Such section is further 
     amended--
       (A) in subsection (b), by striking ``Subsection (a)(2)'' in 
     the matter preceding paragraph (1) and inserting ``Subsection 
     (a)(3)'';
       (B) by striking (c) and inserting the following new 
     subsection (c):
       ``(c) For purposes of subsection (a)(4), parents include 
     fathers and mothers through adoption. However, only one 
     father and one mother may be recognized in any case, and 
     preference shall be given to those who exercised a parental 
     relationship on the date, or most nearly before the date, on 
     which the decedent entered a status described in section 1475 
     or 1476 of this title.''; and
       (C) by striking subsection (d).
       (3) Effective date.--The amendments made by this subsection 
     shall take effect on the date of the enactment of this Act.
       (4) Applicability.--Notwithstanding paragraph (3), the 
     provisions of section 1477 of title 10, United States Code, 
     as in effect on the day before the date of the enactment of 
     this Act, shall continue to apply to each member of the Armed 
     Forces covered by such section until the earlier of the 
     following--
       (A) the date on which such member makes the designation 
     contemplated by paragraph (1) of section 1477(a) of such 
     title (as amended by paragraph (1) of this subsection); or
       (B) January 1, 2008.
       (d) Regulations.--
       (1) In general.--Not later than April 1, 2007, the 
     Secretary of Defense shall prescribe regulations to implement 
     the amendments to section 1477 of title 10, United States 
     Code, made by subsection (c).
       (2) Elements.--The regulations required by paragraph (1) 
     shall include forms for the making of the designation 
     contemplated by paragraph (1) of section 1477(a) of title 10, 
     United States Code (as amended by subsection (c)), and 
     instructions for members of the Armed Forces in the filling 
     out of such forms.
                                 ______
                                 
      By Mr. BOND (for himself and Mrs. Clinton):
  S. 667. A bill to expand programs of early childhood home visitation 
that increase school readiness, child abuse and neglect prevention, and 
early identification of developmental and health delays, including 
potential mental health concerns, and for other purposes; to the 
Committee on Health, Education, Labor, and Pensions.
  Mr. BOND. Mr. President, I ask unanimous consent, on behalf of myself 
and Senator Hillary Rodham Clinton, that the text of the Education 
Begins at Home Act be printed in the Record.

[[Page 4444]]

  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 667

       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 ``Education Begins at Home 
     Act''.

     SEC. 2. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds that--
       (1) the home is the first and most important learning 
     environment for children, and parents are their children's 
     first and most influential teacher;
       (2) through parent education and family support, we can 
     promote parents' ability to enhance their children's 
     development from birth until entry into kindergarten thereby 
     helping parents to prepare their children for success in 
     school;
       (3) undiagnosed and unaddressed developmental and health 
     problems can impede overall child development and school 
     readiness;
       (4) all parents deserve and can benefit from--
       (A) research-based information regarding child development;
       (B) enrichment opportunities with their children; and
       (C) early opportunities to become involved with their 
     community and schools; and
       (5) early childhood home visitation leads to positive 
     outcomes for children and families, including readiness for 
     school, improved child health and development, positive 
     parenting practices, and reductions in child maltreatment.
       (b) Purposes.--The purposes of this Act are as follows:
       (1) To enable States to deliver services under early 
     childhood home visitation programs to pregnant women and 
     parents of children from birth until entry into kindergarten 
     in order to promote parents' ability to support their 
     children's optimal cognitive, language, social-emotional, and 
     physical development.
       (2) To improve Early Head Start programs carried out under 
     section 645A of the Head Start Act (42 U.S.C. 9840a).
       (3) To expand early childhood home visitation programs so 
     as to more effectively reach and serve families with English 
     language learners.
       (4) To expand early childhood visitation programs so as to 
     more effectively reach and serve families serving in the 
     military.
       (5) To establish a public education and awareness campaign 
     concerning the importance of the proper care of infants and 
     young children.
       (6) To make available for parents of newborn children 
     parenting classes that convey information about the 
     importance of proper care for newborns, including information 
     about symptoms of abusive head and other injuries.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Eligible family.--The term ``eligible family'' means--
       (A) a woman who is pregnant, and the father of the child if 
     the father is available; or
       (B) a parent or primary caregiver of a child, including 
     grandparents or other relatives of the child, and foster 
     parents, who are serving as the primary caregiver from birth 
     until entry into kindergarten, including a noncustodial 
     parent during periods in which such noncustodial parent is 
     physically caring for such child.
       (2) Home visitation.--The term ``home visitation'' means 
     services provided in the permanent or temporary residence, or 
     in a mutually agreed upon location in the community, of the 
     individual receiving such services.
       (3) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given such term in section 4(e) of the Indian Self-
     Determination and Education Assistance Act (52 U.S.C. 
     450(b)(e)).
       (4) Secretary.--Except as provided in section 7, the term 
     ``Secretary'' means the Secretary of Health and Human 
     Services.
       (5) State.--The term ``State'' means each of the 50 States, 
     the District of Columbia, and the Commonwealth of Puerto 
     Rico.
       (6) Territories and possessions.--The term ``territories 
     and possessions'' means American Samoa, the Commonwealth of 
     the Northern Mariana Islands, Guam, and the United States 
     Virgin Islands.
       (7) Tribal organization.--The term ``tribal organization'' 
     has the meaning given such term in section 4(l) of the Indian 
     Self-Determination and Education Assistance Act (25 U.S.C. 
     450b(l)).

     SEC. 4. STATE GRANTS FOR EARLY CHILDHOOD HOME VISITATION.

       (a) Authorization.--The Secretary, in collaboration with 
     the Secretary of Education, shall make grants to States to 
     enable such States to establish or expand quality programs of 
     early childhood home visitation, as specified under 
     subsection (f). Each grant shall consist of the allotment 
     determined for a State under subsection (b).
       (b) Determination of Reservations; Amount of Allotments; 
     Authorization of Appropriations.--
       (1) Reservations from appropriations.--From the total 
     amount made available to carry out this section for a fiscal 
     year, the Secretary shall reserve--
       (A) 3 percent for an independent evaluation of the 
     activities carried out under this Act, as specified in 
     section 8;
       (B) not more than 3 percent for Federal administrative 
     costs;
       (C) 2 percent for training and technical assistance for 
     States;
       (D) not more than 2 percent for payments to Indian tribes 
     and tribal organizations with applications approved under 
     this section; and
       (E) not more than 0.5 percent for payments to territories 
     and possessions with applications approved under this 
     section.
       (2) State allotments for early childhood home visitation.--
       (A) In general.--In accordance with subparagraph (B), the 
     Secretary shall allot among each of the eligible States the 
     total amount made available to carry out this section for any 
     fiscal year and not reserved under paragraph (1), to carry 
     out early childhood home visitation in accordance with this 
     section.
       (B) Determination of state allotments.--
       (i) In general.--Subject to clause (ii), the Secretary 
     shall allot the amount made available under subparagraph (A) 
     for a fiscal year among the States in proportion to the 
     number of children, aged from birth to 5 years, who reside 
     within the State, compared to the number of such individuals 
     who reside in all such States for that fiscal year.
       (ii) Exception.--No State receiving an allotment under 
     clause (i) may receive more than $20,000,000.
       (3) Indian tribes, tribal organizations, territories and 
     possessions.--
       (A) Indian tribes and tribal organizations.--From amounts 
     reserved for each fiscal year under paragraph (1)(D), the 
     Secretary shall make payments to each Indian tribe or tribal 
     organizations with an application approved under this section 
     in an amount determined in accordance with the respective 
     needs described in the application.
       (B) Territories and possessions.--From amounts reserved for 
     each fiscal year under paragraph (1)(E), the Secretary shall 
     make payments to each territory and possession with an 
     application approved under this section in an amount 
     determined in accordance with the respective needs described 
     in the application.
       (4) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this section $400,000,000 for 
     the period of fiscal years 2008 through 2010.
       (c) Grant Applications.--
       (1) State applications.--A State that desires to receive a 
     grant under this section shall submit an application to the 
     Secretary at such time, in such manner, and containing such 
     information as the Secretary may require. The application 
     shall contain the following information:
       (A) An assurance that the Governor of the State has 
     designated a lead State agency, such as the State educational 
     agency or the State health and human services agency, to 
     carry out the activities under this section.
       (B) An assurance that the State will reserve 3 percent of 
     such grant for evaluation and will participate in the 
     independent evaluation under section 8.
       (C) An assurance that the State will reserve 10 percent of 
     the grant funds for training and technical assistance of 
     staff of programs of early childhood home visitation.
       (D) An assurance that the State will authorize child care 
     resource and referral agencies to refer parents seeking home 
     visitation services.
       (E) The results of a statewide needs assessment that 
     describes--
       (i) the quality and capacity of existing programs of early 
     childhood home visitation in the State;
       (ii) the number and types of eligible families who are 
     receiving services under such programs; and
       (iii) the gaps in early childhood home visitation in the 
     State.
       (F) A State plan containing the following:
       (i) A description of the State's strategy to establish or 
     expand quality programs of early childhood home visitation to 
     serve all eligible families in the State.
       (ii) A description of the quality programs of early 
     childhood home visitation that will be supported by a grant 
     under this section.
       (iii) A description of how the proposed program of early 
     childhood home visitation will promote positive parenting 
     skills and children's early learning and development.
       (iv) A description of how the proposed program of early 
     childhood home visitation will incorporate the authorized 
     activities described in subsection (f).
       (v) How the lead State agency will build on and promote 
     coordination among existing programs of early childhood home 
     visitation in an effort to promote an array of home 
     visitation that ensures more eligible families are being 
     served and are getting the most appropriate services to meet 
     their needs.
       (vi) How the lead State agency will promote channels of 
     communication between staff of programs of early childhood 
     home visitation and staff of other early childhood education 
     programs, such as Head Start programs carried out under the 
     Head Start Act (42 U.S.C. 9831 et seq.) and Early Head Start 
     programs carried out under section 645A of

[[Page 4445]]

     such Act, preschool programs, and child care programs, to 
     facilitate the coordination of services for eligible 
     families.
       (vii) How the lead State agency will provide training and 
     technical assistance to staff of programs of early childhood 
     home visitation involved in activities under this section to 
     more effectively meet the needs of the eligible families 
     served with sensitivity to cultural variations in parenting 
     norms and attitudes toward formal support services.
       (viii) How the lead State agency will evaluate the 
     activities supported under this section in order to 
     demonstrate outcomes related to the enhancement of--

       (I) parent knowledge of early learning and development;
       (II) child health, cognitive, language, social-emotional, 
     and physical development indicators; and
       (III) child maltreatment indicators for child abuse and 
     neglect prevention.
       (IV) School readiness indicators.
       (V) Links to community services.

       (ix) A description of how the lead State agency will ensure 
     that the home visitation programs will conduct outreach 
     activities to target both mothers and fathers, and increase 
     father involvement where appropriate.
       (x) A description of how the lead State agency will 
     increase home visitation programs participation rates for 
     fathers.
       (xi) A description of how the lead State agency will ensure 
     that services are made available under the program to 
     grandparents, other relatives or foster parents, of a child 
     from birth through age 5 who serve as the primary caregiver 
     of the child.
       (G) Such other information as the Secretary may require.
       (2) Indian tribes, tribal organizations, territories and 
     possessions.--
       (A) In general.--An Indian tribe, tribal organization, 
     territory, or possession that desires to receive a grant 
     under this section shall submit an application to the 
     Secretary at such time, in such manner, and containing such 
     information as the Secretary may require. The application 
     shall contain the information described in paragraph (1) with 
     respect to the applicant entity.
       (B) Approval.--The Secretary may approve an application 
     submitted under subparagraph (A) based on the quality of the 
     information contained in the application.
       (C) Exemptions.--The Secretary may exempt an applicant 
     under subparagraph (A) from any requirement of this section 
     if the Secretary determines that the application of such 
     requirements would be inappropriate taking into consideration 
     the resources, needs, and other circumstances of the 
     applicant entity. This subparagraph shall not apply to the 
     requirements described in subsections (f)(1) and (h).
       (d) Approval of Applications.--
       (1) Recommendation of panel.--
       (A) In general.--The Secretary shall approve an application 
     under this section based on the recommendations of a peer 
     review panel, as described in paragraph (2).
       (B) Selection criteria.--A peer review panel shall 
     determine which applicants to recommend for approval, for 
     purposes of subparagraph (A), based on the quality of the 
     application submitted. Consideration shall be given by the 
     panel to the inclusion of applicants, to the extent 
     practicable, that have the ability to incorporate comparison 
     or control groups in their service deliver model, recognizing 
     that universal access to home visitation services, among 
     other factors, may prevent some quality programs from 
     conducting such evaluation.
       (2) Peer review panel.--The peer review panel shall include 
     not less than--
       (A) 3 individuals who are experts in the field of home 
     visitation;
       (B) 2 individuals who are experts in early childhood 
     development;
       (C) 1 individual with experience implementing a statewide 
     program of early childhood home visitation;
       (D) 1 individual who is a board certified pediatrician or a 
     developmental pediatrician; and
       (E) 1 individual with experience in administering public or 
     private (including community-based) child maltreatment 
     prevention programs.
       (e) Duration of Grants.--Grants made under this section 
     shall be for a period of no more than 3 years.
       (f) State Uses of Funds.--Each State that receives a grant 
     under this section shall--
       (1) provide to as many eligible families in the State as 
     practicable, voluntary early childhood home visitation, on 
     not less frequently than a monthly basis with greater 
     frequency of services for those eligible families identified 
     with additional needs, through the implementation of quality 
     programs of early childhood home visitation that--
       (A) adopts a clear, consistent model that is grounded in 
     empirically-based knowledge related to home visiting and 
     linked to program-determined outcomes;
       (B) employs well-trained and competent staff, as 
     demonstrated by education or training, and the provision of 
     ongoing and specific training on the model being delivered;
       (C) maintains high quality supervision to establish home 
     visitor competencies;
       (D) demonstrates strong organizational capacity to 
     implement the program involved;
       (E) establishes appropriate linkages and referral networks 
     to other community resources and supports;
       (F) monitors fidelity of program implementation to ensure 
     that services are delivered pursuant to the specified model;
       (G) are research-based, that provide parents with--
       (i) knowledge of age appropriate child development in 
     cognitive, language, social-emotional, and motor domains;
       (ii) knowledge of realistic expectations of age-appropriate 
     child behaviors;
       (iii) knowledge of health and wellness issues for children 
     and parents;
       (iv) modeling and consulting services related to parenting;
       (v) skills to interact with their child to enhance age-
     appropriate development;
       (vi) skills to recognize and seek help for health issues 
     and developmental delays, and social, emotional, and 
     behavioral skills;
       (vii) activities designed to help parents become full 
     partners in the education of their children; and
       (viii) relevant information, consistent with State child 
     welfare agency training, concerning child welfare and 
     protective services resources if appropriate;
       (H) ascertain which developmental services the family 
     receives and work with service providers to eliminate gaps in 
     services by offering annual health, vision, hearing, and 
     developmental screening for children from birth until entry 
     into kindergarten, when not otherwise provided;
       (I) provide referrals for eligible families, as needed, to 
     additional resources available in the community, such as 
     center-based early education programs, child care services, 
     health or mental health services, family literacy programs, 
     employment agencies, social services, and child care resource 
     and referral agencies;
       (J) offer group meetings (at the discretion of the program 
     involved) for eligible families that--
       (i) further enhance the information, activities, and skill-
     building addressed during home visitation; and
       (ii) offer opportunities for parents to meet with and 
     support each other;
       (K) reserve 10 percent of the grant funds to provide 
     training and technical assistance, directly or through 
     contract, to early childhood home visitation and early 
     childhood care and education staff relating to--
       (i) effective methods of conducting parent education, home 
     visiting, and promoting quality early childhood development;
       (ii) the relationship of health and well-being of pregnant 
     women to prenatal and early childhood development;
       (iii) early childhood development with respect to children 
     from birth until entry into kindergarten;
       (iv) methods to help parents promote emergent literacy in 
     their children from birth until entry into kindergarten;
       (v) health, vision, hearing, and developmental screenings;
       (vi) strategies for helping eligible families with special 
     needs or those eligible families coping with crisis;
       (vii) recruiting, supervising, and retaining qualified 
     staff;
       (viii) increasing services for underserved populations;
       (ix) methods to help parents effectively respond to their 
     children's needs and behaviors; and
       (x) implementation of ongoing program quality improvement 
     and evaluation of activities and outcomes;
       (L) ensure coordination of programs of early childhood home 
     visitation, early childhood education and care, and early 
     intervention, through an existing or created State-level 
     early childhood coordinating body that includes--
       (i) representatives from relevant State agencies, including 
     the State agency responsible for carrying out the plan under 
     section 106 of the Child Abuse Prevention and Treatment Act;
       (ii) representatives from State Head Start Associations;
       (iii) the State official with responsibility for carrying 
     out activities under part C of the Individuals with 
     Disabilities Education Act (20 U.S.C. 1431 et seq.);
       (iv) the State official with responsibility for carrying 
     out activities under section 619 of the Individuals with 
     Disabilities Education Act (20 U.S.C. 1419);
       (v) representatives from child care resource and referral 
     State offices;
       (vi) representatives from quality programs of early 
     childhood home visitation; and
       (vii) a board certified pediatrician or a developmental 
     pediatrician; and
       (M) not expend more than 5 percent of the amount of grant 
     funds received under this section for the administration of 
     the grant, including planning, administration, evaluation, 
     and annual reporting.
       (g) Maintenance of Effort.--A State is entitled to receive 
     its full allotment of funds under this section for any fiscal 
     year if the Secretary finds that the aggregate expenditures 
     within the State for quality programs of early childhood home 
     visitation, for the fiscal year preceding the fiscal year for 
     which the determination is made was not

[[Page 4446]]

     less than 100 percent of such aggregate expenditures for the 
     second fiscal year preceding the fiscal year for which the 
     determination is made.
       (h) Reporting Requirements.--Each State that receives a 
     grant under this section shall submit an annual report to the 
     Secretary regarding the State's progress in addressing the 
     purposes of this Act. Such report shall include, at a 
     minimum, a description of--
       (1) the actual services delivered under the grant, 
     including--
       (A) the program characteristics, including descriptive 
     information on the service models used and the actual program 
     performance;
       (B) the characteristics of the providers involved, 
     including staff qualifications, work experience, and 
     demographic characteristics; and
       (C) the characteristics of the recipient of services under 
     the program, including the number of recipients, their 
     demographic characteristics, and family retention;
       (2) recipient outcomes that are consistent with program 
     goals, including, where appropriate based on the outcomes 
     being evaluated a description of--
       (A) affected parental practices;
       (B) child health, cognitive, language, social-emotional, 
     and physical developmental indicators;
       (C) child maltreatment indicators, including prevention 
     strategies;
       (D) school readiness indicators; and
       (E) links to community services;
       (3) the research-based instruction, materials, and 
     activities being used in the activities funded under the 
     grant;
       (4) the effectiveness of the training and ongoing 
     professional development provided--
       (A) to staff supported under the grant; and
       (B) to the broader early childhood community;
       (5) beginning at the end of the second year of the grant, 
     the results of evaluations described in subsection (c)(4)(G); 
     and
       (6) the annual program implementation costs, including the 
     cost for each family served under the program.

     SEC. 5. STRENGTHENING EARLY HEAD START HOME VISITATION.

       Section 645A of the Head Start Act (42 U.S.C. 9840a) is 
     amended--
       (1) in subsection (b)--
       (A) in paragraph (4), by striking ``provide services to 
     parents to support their role as parents'' and inserting 
     ``provide additional services to parents to support their 
     role as parents (including training in parenting skills, 
     basic child development, and sensitivity to cultural 
     variations in parenting norms and attitudes toward formal 
     supports)'';
       (B) in paragraph (5)--
       (i) by inserting ``(including home-based services)'' after 
     ``with services''; and
       (ii) by inserting ``, and family support services'' after 
     ``health services'';
       (C) by redesignating paragraphs (7), (8), and (9) as 
     paragraphs (9), (10), and (11), respectively; and
       (D) by inserting after paragraph (6) the following:
       ``(7) develop and implement a systematic procedure for 
     transitioning children and parents from an Early Head Start 
     program into a Head Start program or another local early 
     childhood education program;
       ``(8) establish channels of communication between staff of 
     Early Head Start programs and staff of Head Start programs or 
     other local early childhood education programs, to facilitate 
     the coordination of programs;'';
       (2) in subsection (g)(2)(B), by striking clause (iv) and 
     inserting the following:
       ``(iv) providing professional development and personnel 
     enhancement activities, including the provision of funds to 
     recipients of grants under subsection (a), relating to 
     effective methods of conducting parent education, home 
     visiting, and promoting quality early childhood 
     development.''; and
       (3) by adding at the end the following:
       ``(h) Staff Qualifications and Development.--
       ``(1) Home visitor staff.--
       ``(A) Standards.--In order to further enhance the quality 
     of home visiting services provided to families of children 
     participating in home-based, center-based, or combination 
     program options under this subchapter, the Secretary shall 
     establish standards for training, qualifications, and the 
     conduct of home visits for home visitor staff in Early Head 
     Start programs.
       ``(B) Contents.--The standards for training, 
     qualifications, and the conduct of home visits shall include 
     content related to--
       ``(i) structured child-focused home visiting that promotes 
     parents' ability to support the child's cognitive, social, 
     emotional, and physical development;
       ``(ii) effective strengths-based parent education, 
     including methods to encourage parents as their child's first 
     teachers;
       ``(iii) early childhood development with respect to 
     children from birth through age 3;
       ``(iv) methods to help parents promote emergent literacy in 
     their children from birth through age 3;
       ``(v) ascertaining what health and developmental services 
     the family involved receives and working with the service 
     providers to eliminate gaps in services by offering annual 
     health, vision, hearing, and developmental screenings for 
     children from birth through entry into kindergarten, when 
     needed;
       ``(vi) strategies for helping families coping with crisis; 
     and
       ``(vii) the relationship of health and well-being of 
     pregnant women to prenatal and early child development.''.

     SEC. 6. TARGETED GRANTS FOR EARLY CHILDHOOD HOME VISITATION 
                   FOR FAMILIES WITH ENGLISH LANGUAGE LEARNERS.

       (a) In General.--The Secretary, in collaboration with the 
     Secretary of Education, shall make grants, on a competitive 
     basis, to eligible applicants to enable such applicants to 
     support and expand local efforts to deliver services under 
     quality programs of early childhood home visitation, to 
     eligible families with English language learners.
       (b) Eligible Applicant.--In this section, the term 
     ``eligible applicant'' means--
       (1) 1 or more local educational agencies (as defined in 
     section 9101 of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 7801)); and
       (2) 1 or more public or private community-based 
     organizations or agencies that serve eligible families and 
     are capable of establishing and implementing programs of 
     early childhood home visitation.
       (c) Applications.--An eligible applicant that desires to 
     receive a grant under this section shall submit an 
     application to the Secretary at such time, in such manner, 
     and containing such information as the Secretary may require. 
     The application shall include a description of--
       (1) the results of a community wide needs assessment that 
     describes--
       (A) community demographics demonstrating the need for 
     outreach and services to eligible families with English 
     language learners;
       (B) the quality, capacity, and existing programs of early 
     childhood home visitation for eligible families with English 
     language learners;
       (C) the gaps in programs of early childhood home visitation 
     for eligible families with English language learners; and
       (D) the type of program of early childhood home visitation 
     necessary to address the gaps identified;
       (2) the program of early childhood home visitation that 
     will be supported by the grant under this section;
       (3) how the proposed program of early childhood home 
     visitation will promote positive parenting skills and 
     children's early learning and development;
       (4) how the proposed program of early childhood home 
     visitation will incorporate the authorized activities 
     described in subsection (f);
       (5) how services provided through a grant under this 
     section will use materials that are geared toward eligible 
     families with English language learners;
       (6) how the activities under this section will build upon 
     and promote coordination among existing programs of early 
     childhood home visitation, if such programs exist in the 
     community, in an effort to promote an array of home 
     visitation that ensures more eligible families with English 
     language learners are being served and are getting the most 
     appropriate services to meet their needs;
       (7) how the program will ensure that--
       (A) eligible families with English language learners are 
     linked to schools; and
       (B) the activities under this section will support the 
     preparation of children for school;
       (8) how channels of communication will be established 
     between staff of programs of early childhood home visitation 
     and staff of other early childhood education programs, such 
     as Head Start programs carried out under the Head Start Act 
     (42 U.S.C. 9831 et seq.) and Early Head Start programs 
     carried out under section 645A of such Act, preschool 
     programs, and child care programs, to facilitate the 
     coordination of services for eligible families with English 
     language learners;
       (9) how eligible families with English language learners 
     will be recruited and retained to receive services under this 
     section;
       (10) how training and technical assistance will help the 
     staff of programs of early childhood home visitation involved 
     in activities under this section to more effectively serve 
     eligible families with English language learners;
       (11) how the eligible applicant will evaluate the 
     activities supported under this section in order to 
     demonstrate outcomes related to the--
       (A) increase in number of eligible families with English 
     language learners served by programs of early childhood home 
     visitation;
       (B) enhancement of participating parents' knowledge of 
     early learning and development;
       (C) enhancement of positive parenting practices related to 
     early learning and development; and
       (D) enhancement of children's cognitive, language, social-
     emotional, and physical development; and
       (12) such other information as the Secretary may require.
       (d) Approval of Applications.--
       (1) In general.--The Secretary shall select applicants for 
     funding under this section based on the quality of the 
     applications and the recommendations of a peer review panel, 
     as described in paragraph (2).

[[Page 4447]]

       (2) Peer review panel.--The peer review panel shall include 
     not less than--
       (A) 2 individuals who are experts in the field of home 
     visitation;
       (B) 2 individuals who are experts in early childhood 
     development;
       (C) 2 individuals who are experts in serving eligible 
     families with English language learners;
       (D) 1 individual who is a board certified pediatrician or a 
     developmental pediatrician; and
       (E) 1 individual with experience in administering public or 
     private (including community-based) child maltreatment 
     prevention programs.
       (e) Duration of Grants.--Grants made under this section 
     shall be for a period of no more than 3 years.
       (f) Authorized Activities.--Each eligible applicant that 
     receives a grant under this section shall carry out the 
     following activities:
       (1) Providing to as many eligible families with English 
     language learners as practicable, voluntary early childhood 
     home visitation, on not less frequently than a monthly basis, 
     through the implementation of other quality programs of early 
     childhood home visitation that are research-based, that 
     provide parents with--
       (A) knowledge of age appropriate child development in 
     cognitive, language, social-emotional, and motor domains;
       (B) knowledge of realistic expectations of age-appropriate 
     child behaviors;
       (C) knowledge of health and wellness issues for children 
     and parents;
       (D) modeling, consulting, and coaching on parenting 
     practices;
       (E) skills to interact with their child to enhance age-
     appropriate development;
       (F) skills to recognize and seek help for health issues and 
     developmental delays, and social, emotional, and behavioral 
     skills; and
       (G) activities designed to help parents become full 
     partners in the education of their children.
       (2) Activities to ascertain what health and developmental 
     services families receive and working with service providers 
     to eliminate gaps in service by offering an annual health, 
     vision, hearing, and developmental screening for children 
     from birth through their entry into kindergarten.
       (3) Providing referrals for participating eligible families 
     with English language learners, as needed, to additional 
     resources available in the community, such as center-based 
     early education programs, child care services, health or 
     mental health services, family literacy programs, employment 
     agencies, social services, and child care resource and 
     referral agencies.
       (4) Offering group meetings (at program discretion), on not 
     less frequently than a monthly basis, for eligible families 
     with English language learners that--
       (A) further enhance the information, activities, and skill-
     building addressed during home visitation;
       (B) offer opportunities for parents to meet with and 
     support each other; and
       (C) address challenges facing eligible families with 
     English language learners.
       (5) Providing training and technical assistance to early 
     childhood home visitation and early childhood care and 
     education staff relating to--
       (A) effective service to eligible families with English 
     language learners, including skills to address challenges 
     facing English language learners;
       (B) effective methods of implementing parent education, 
     conducting home visitation, and promoting quality early 
     childhood development, with sensitivity to cultural 
     variations in parenting norms and attitudes toward formal 
     support services;
       (C) the relationship of health and well-being of pregnant 
     women to prenatal and early child development;
       (D) early childhood development with respect to children 
     from birth until entry into kindergarten;
       (E) methods to help parents promote emergent literacy in 
     their children from birth until entry into kindergarten;
       (F) implementing strategies for helping eligible families 
     with English language learners coping with a crisis;
       (G) recruiting, supervising, and retaining qualified staff;
       (H) increasing services for underserved eligible families 
     with English language learners;
       (I) methods to help parents effectively respond to their 
     children's needs and behaviors; and
       (J) implementation of ongoing program quality improvement 
     and evaluation of activities and outcomes.
       (6) Coordinating existing programs of early childhood home 
     visitation in order to effectively and efficiently meet the 
     needs of more eligible families with English language 
     learners.
       (g) Reporting Requirements.--The recipient of a grant under 
     this section shall submit to the Secretary an annual report 
     concerning the progress of the program conducted by the 
     recipient in addressing the purposes of this Act. Each such 
     report shall, at a minimum, include a description of--
       (1) the actual service delivery provided for under the 
     grant, including--
       (A) program characteristics that include descriptive 
     information on the service model used under the program and 
     actual program performance;
       (B) the characteristics of service providers under the 
     program that include staff qualifications, work experience, 
     and demographic characteristics;
       (C) the characteristics of recipients of services under the 
     program that include the number, demographic characteristics, 
     and family retention under the program; and
       (D) an estimate of the annual program implementation costs;
       (2) with respect to recipients of services under the 
     program, whether such services were provided in a manner 
     consistent with program goals including, where appropriate--
       (A) parental practices;
       (B) child health and development indicators;
       (C) child maltreatment indicators;
       (D) school readiness indicators; and
       (E) links to community services;
       (3) the research-based instruction, materials, and 
     activities being used in the activities conducted under the 
     program; and
       (4) the effectiveness of the training and ongoing 
     professional development provided--
       (A) to the staff supported under the program; and
       (B) to the affected early childhood community.
       (h) Supplement Not Supplant.--Grant funds provided under 
     this section shall be used to supplement, and not supplant, 
     Federal and non-Federal funds available for carrying out the 
     activities described in this section.
       (i) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $50,000,000 for 
     the period of fiscal years 2008 through 2010.

     SEC. 7. TARGETED GRANTS FOR EARLY CHILDHOOD HOME VISITATION 
                   FOR MILITARY FAMILIES.

       (a) In General.--The Secretary of Defense, in collaboration 
     with the Secretary of Education, shall make grants, on a 
     competitive basis, to eligible applicants to enable such 
     applicants to support and expand efforts to deliver services 
     under quality programs of early childhood home visitation, to 
     eligible families with a family member in the Armed Forces.
       (b) Eligible Applicant.--In this section, the term 
     ``eligible applicant'' means any of the following:
       (1) A local educational agency that receives payments under 
     title VIII of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 7701 et seq.).
       (2) A school of the defense dependents' education system 
     under the Defense Dependents' Education Act of 1978 (20 
     U.S.C. 921 et seq.).
       (3) A school established under section 2164 of title 10, 
     United States Code.
       (4) A community-based organization serving families with a 
     family member in the Armed Forces.
       (c) Applications.--An eligible applicant that desires to 
     receive a grant under this section shall submit an 
     application to the Secretary of Defense at such time, in such 
     manner, and containing such information as the Secretary of 
     Defense may require. The application shall include a 
     description of--
       (1) the results of a community wide needs assessment that 
     describes--
       (A) community demographics demonstrating the need for 
     outreach and services to eligible families with a family 
     member in the Armed Forces;
       (B) the quality, capacity, and existing programs of early 
     childhood home visitation for eligible families with a family 
     member in the Armed Forces;
       (C) the gaps in programs of early childhood home visitation 
     for eligible families with a family member in the Armed 
     Forces; and
       (D) the type of program of early childhood home visitation 
     necessary to address the gaps identified;
       (2) the program of early childhood home visitation that 
     will be supported by the grant under this section;
       (3) how the proposed program of early childhood home 
     visitation will promote positive parenting skills and 
     children's early learning and development;
       (4) how the proposed program of early childhood home 
     visitation will incorporate the authorized activities 
     described in subsection (f);
       (5) how services provided through a grant under this 
     section will use materials that are geared toward eligible 
     families with a family member in the Armed Forces;
       (6) how the activities under this section will build on and 
     promote coordination with existing programs of early 
     childhood home visitation, if such programs exist in the 
     community, in an effort to promote an array of home 
     visitation that ensures more eligible families with a family 
     member in the Armed Forces are being served and are getting 
     the most appropriate services to meet their needs;
       (7) how the program will ensure that--
       (A) eligible families with a family member in the Armed 
     Forces are linked to schools; and
       (B) the activities under this section will support the 
     preparation of children for school;
       (8) how channels of communication will be established 
     between staff of programs of early childhood home visitation 
     and staff of

[[Page 4448]]

     other early childhood education programs, such as Head State 
     programs carried out under the Head Start Act (42 U.S.C. 9831 
     et seq.) and Early Health State programs carried out under 
     section 645A of such Act, preschool programs, family support 
     programs, and child care programs, to facilitate the 
     coordination of services for eligible families with a family 
     member in the Armed Forces;
       (9) how eligible families with a family member in the Armed 
     Forces will be recruited and retained to receive services 
     under this section;
       (10) how training and technical assistance will help staff 
     of programs of early childhood home visitation involved in 
     activities under this section to more effectively serve 
     eligible families with a family member in the Armed Forces;
       (11) how the eligible applicant will evaluate the 
     activities supported under this section in order to 
     demonstrate outcomes related to the--
       (A) increase in number of eligible families with a family 
     member in the Armed Forces served by programs of early 
     childhood home visitation;
       (B) enhancement of participating parents' knowledge of 
     early learning and development;
       (C) enhancement of positive parenting practices related to 
     early learning and development; and
       (D) enhancement of children's cognitive, language, social-
     emotional, and physical development; and
       (12) such other information as the Secretary of Defense may 
     require.
       (d) Approval of Local Applications.--
       (1) In general.--The Secretary of Defense shall select 
     applicants for funding under this section based on the 
     quality of the applications and the recommendations of a peer 
     review panel, as described in paragraph (2).
       (2) Peer review panel.--The peer review panel shall include 
     not less than--
       (A) 2 individuals who are experts in the field of home 
     visitation;
       (B) 2 individuals who are experts in early childhood 
     development;
       (C) 2 individuals who are experts in family support for 
     military families;
       (D) 1 individual who is a board certified pediatrician; and
       (E) 1 individual with expertise in administering public or 
     private (including community-based) child maltreatment 
     prevention programs; and
       (e) Duration of Grants.--Grants made under this section 
     shall be for a period of no more than 3 years.
       (f) Authorized Activities.--Each eligible applicant that 
     receives a grant under this section shall carry out the 
     following activities:
       (1) Providing to as many eligible families with a family 
     member in the Armed Forces as practicable, voluntary early 
     childhood home visitation, on not less frequently than a 
     monthly basis, through the implementation of quality programs 
     of early childhood home visitation that are research-based, 
     that provide parents with--
       (A) knowledge of age appropriate child development in 
     cognitive, language, social-emotional, and motor domains;
       (B) knowledge of realistic expectations of age-appropriate 
     child behaviors;
       (C) knowledge of health and wellness issues for children 
     and parents;
       (D) modeling, consulting, and coaching on parenting 
     practices;
       (E) skills to interact with their child to enhance age-
     appropriate development;
       (F) skills to recognize and seek help for health issues and 
     developmental delays, and social, emotional, and behavioral 
     skills; and
       (G) activities designed to help parents become full 
     partners in the education of their children.
       (2) Ascertaining what health and development services the 
     family receives under the program and working with service 
     providers to eliminate gaps in service by offering annual 
     health, vision, hearing, and developmental screening for 
     participating children.
       (3) Providing referrals for participating eligible families 
     with a family member in the Armed Forces, as needed, to 
     additional resources available in the community, such as 
     center-based early education programs, child care services, 
     health or mental health services, family literacy programs, 
     employment agencies, social services, and child care resource 
     and referral agencies.
       (4) Offering group meetings (at the discretion of the 
     program), on not less frequently than a monthly basis, for 
     eligible families with a family member in the Armed Forces 
     that--
       (A) further enhance the information, activities, and skill-
     building addressed during home visitation;
       (B) offer opportunities for parents to meet with and 
     support each other; and
       (C) address challenges facing eligible families with a 
     family member in the Armed Forces.
       (5) Providing training and technical assistance to early 
     childhood home visitation and early childhood care and 
     education staff relating to--
       (A) effective service to eligible families with a family 
     member in the Armed Forces;
       (B) effective methods of conducting parent education, home 
     visiting, and promoting quality early childhood development, 
     with sensitivity to cultural variations in parenting norms 
     and attitudes toward formal support services;
       (C) the relationship of health and well-being of pregnant 
     women to prenatal and early child development;
       (D) early childhood development with respect to children 
     from birth until entry into kindergarten;
       (E) methods to help parents promote emergent literacy in 
     their children from birth until entry into kindergarten;
       (F) implementing strategies for helping eligible families 
     with a family member in the Armed Forces coping with crisis;
       (G) recruiting, supervising, and retaining qualified staff;
       (H) increasing services for underserved eligible families 
     with a family member in the Armed Forces;
       (I) methods to help parents effectively respond to their 
     children's needs and behaviors; and
       (J) implementation of ongoing program quality improvement 
     and evaluation of activities and outcomes.
       (6) Coordinating existing programs of early childhood home 
     visitation in order to effectively and efficiently meet the 
     needs of more eligible families with a family member in the 
     Armed Forces.
       (g) Reporting Requirements.--The recipient of a grant under 
     this section shall submit to the Secretary an annual report 
     concerning the progress of the program conducted by the 
     recipient in addressing the purposes of this Act. Each such 
     report shall, at a minimum, include a description of--
       (1) the actual service delivery provided for under the 
     grant, including--
       (A) program characteristics that include descriptive 
     information on the service model used under the program and 
     actual program performance;
       (B) the characteristics of service providers under the 
     program that include staff qualifications, work experience, 
     and demographic characteristics;
       (C) the characteristics of recipients of services under the 
     program that include the number, demographic characteristics, 
     and family retention under the program; and
       (D) an estimate of the annual program implementation costs;
       (2) with respect to recipients of services under the 
     program, whether such services were provided in a manner 
     consistent with program goals including, where appropriate--
       (A) parental practices;
       (B) child health and development indicators;
       (C) child maltreatment indicators;
       (D) school readiness indicators; and
       (E) links to community services;
       (3) the research-based instruction, materials, and 
     activities being used in the activities conducted under the 
     program; and
       (4) the effectiveness of the training and ongoing 
     professional development provided--
       (A) to the staff supported under the program; and
       (B) to the affected early childhood community.
       (h) Supplement Not Supplant.--Grant funds provided under 
     this section shall be used to supplement, and not supplant, 
     Federal and non-Federal funds available for carrying out the 
     activities described in this section.
       (i) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $50,000,000 for 
     the period of fiscal years 2008 through 2010.

     SEC. 8. EVALUATION.

       (a) In General.--From funds reserved under section 
     6(b)(1)(A), the Secretary shall conduct an independent 
     evaluation of the effectiveness of this Act.
       (b) Reports.--
       (1) Interim report.--Not later than 2 years after the date 
     of enactment of this Act, the Secretary shall submit an 
     interim report on the evaluation conducted pursuant to 
     subsection (a) to the Committee on Health, Education, Labor, 
     and Pensions of the Senate and the Committee on Education and 
     Labor of the House of Representatives.
       (2) Final report.--Not later than 3 years after the date of 
     enactment of this Act, the Secretary shall submit a final 
     report on the evaluation conducted pursuant to subsection (a) 
     to the committees described in paragraph (1).
       (c) Contents.--The reports submitted under subsection (b) 
     shall include information on the following:
       (1) How the grant funds have expanded access to early 
     childhood home visitation in a manner that demonstrates that 
     programs under this Act reflect the quality indicators under 
     this Act.
       (2) How the States are documenting compliance with the 
     service delivery indicators under this Act across all 
     entities carrying out programs under this Act with emphasis 
     on the number of families served and the level of service 
     received.
       (3) How the services provided under State programs affect 
     outcomes consistent with programs goals, including, where 
     appropriate based on the program being evaluated, parenting 
     practices, child health and development, child maltreatment, 
     school readiness, and links to community services.

[[Page 4449]]

       (4) The effectiveness of early childhood home visitation on 
     different populations, including the extent to which 
     variability exists in program ability to improve outcomes 
     across programs and populations, such as families with 
     English language learners and families with a family member 
     in the Armed Forces.
       (5) The effectiveness of the training and technical 
     assistance activities funded under this Act, including the 
     effects of training and technical assistance activities on 
     program performance and agency-level collaboration.
       (6) Recommendations on strengthening or modifying this Act.

     SEC. 9. SUPPORTING NEW PARENTS THROUGH HOSPITAL EDUCATION.

       (a) In General.--The Secretary of Health and Human Services 
     (referred to in this section as the ``Secretary'') shall 
     develop and implement a public information and educational 
     campaign to inform the public and new parents about the 
     importance of proper care for infants and children under 5 
     years of age, including healthy parent-child relationships, 
     the demands and stress associated with caring for infants, 
     positive responses to infants' challenging behaviors 
     including awareness of their social, emotional, and physical 
     needs, awareness of the vulnerability of young children to 
     abusive practices, and the signs and treatment of post-partum 
     depression .
       (b) Elements.--
       (1) In general.--The campaign developed under subsection 
     (a) shall include the following elements:
       (A) The dissemination of educational and informational 
     materials in print, audio, video, electronic, and other media
       (B) The use of public service announcements and 
     advertisements
       (C) The dissemination of effective child abuse prevention 
     practices and techniques, including information about 
     research-based home visiting programs, respite care, crisis 
     nurseries, and patent support networks, to parents, 
     caregivers, maternity hospitals, children's hospitals, 
     pediatricians, child care centers, organizations providing 
     prenatal and postnatal care, and organizations providing 
     parenting education and support services.
       (D) Connection to existing parental involvement programs.
       (2) Prevention practices.--In carrying out paragraph (1)(C) 
     through the campaign under subsection (a), the Secretary 
     shall ensure that every hospital, military hospital, and 
     birth center receiving these materials requests that each 
     maternity patient and father of a newborn child, if 
     available, participate in a single session parenting class, 
     that is approved by the Secretary, on the vulnerabilities of 
     their infant to abusive practices, as well as the importance 
     of proper care for infants and young children, and the 
     symptoms of abusive head and other injuries, and strategies 
     for caring for infants' social, emotional, and physical 
     needs. After participating in the class, the hospital or 
     birth center shall request that such patient or father sign a 
     form stating that they have participated or refused to 
     participate in the parenting class.
       (3) Existing programs.--The implementation and execution of 
     the public information and educational campaign under this 
     section should seek collaboration with and referrals to 
     existing parental involvement programs that specialize in 
     strengthening children's cognitive skills, early literacy 
     skills, social or emotional and physical development and 
     existing prenatal and early childhood home visit programs.
       (4) Existing state requirements.--The implementation and 
     execution of the public information and educational campaign 
     under this section should encourage the Secretary to work 
     with pre-existing State requirements to ensure that no 
     unnecessary burdens are placed on hospitals, military 
     hospitals, and birth centers receiving educational materials.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section for fiscal year 2008.
                                 ______
                                 
      By Mr. REED (for himself and Mr. Isakson):
  S. 668. A bill to require the Food and Drug Administration to conduct 
consumer testing to determine the appropriateness of the current 
labeling requirements for indoor tanning devices and determine whether 
such requirements provide sufficient information to consumers regarding 
the risks that the use of such devices pose for the development of 
irreversible damage to the skin, including skin cancer, and for other 
purposes; to the Committee on Health, Education, Labor, and Pensions.
  Mr. REED. Mr. President, today I join Senator Isakson in introducing 
the Tanning Accountability and Notification (TAN) Act.
  Approximately 1 in 5 Americans will develop skin cancer in their 
lifetime. While the decline in cancer deaths reported earlier this year 
is an indication that we are starting to turn the corner on our fight 
against cancer, approximately 1 million people will be diagnosed with 
skin cancer and 10,850 are expected to die in 2007 alone.
  There are many factors that contribute to these startling figures. In 
recent years efforts have been undertaken by various organizations to 
better inform the public about the risk of sun exposure and ways to 
decrease the chance of developing skin cancer. One area, however, where 
better information is sorely needed is on the use of indoor tanning 
salons.
  Every day approximately 1 million people visit a tanning salon. It is 
a practice particularly popular among teens, the group that seems most 
at risk from the effects of indoor tanning. The American Academy of 
Dermatology, the Food and Drug Administration, FDA, the National 
Institutes of Health, NIH, the Centers for Disease Control and 
Prevention, CDC, and the World Health Organization, WHO, all discourage 
the use of indoor tanning equipment.
  This message and the current information about the risks of indoor 
tanning I fear are not being adequately passed on to consumers. The FDA 
has not updated its warnings on tanning beds since 1979. Regular users 
of indoor tanning beds deserve to be fully informed.
  The TAN Act calls upon the FDA to revisit the current label on indoor 
tanning beds and determine through a process of public hearings and 
consumer testing what kind of labeling requirements would convey 
important information on the risks of indoor tanning.
  This legislation is not about introducing new regulations but 
ensuring that the current FDA regulations remain effective in 
communicating accurate, current, and clear information to consumers 
about indoor tanning salons.
  I look forward to working with my colleagues toward passage of this 
bipartisan legislation. 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. 668

       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 ``Tanning Accountability and 
     Notification Act of 2007''.

     SEC. 2. REPORT BY FOOD AND DRUG ADMINISTRATION REGARDING 
                   LABELING INFORMATION ON RELATIONSHIP BETWEEN 
                   USE OF INDOOR TANNING DEVICES AND DEVELOPMENT 
                   OF SKIN CANCER OR OTHER SKIN DAMAGE.

       (a) In General.--The Secretary of Health and Human Services 
     (referred to in this section as the ``Secretary''), acting 
     through the Commissioner of Food and Drugs, shall determine--
       (1) whether the labeling requirements for indoor tanning 
     devices, including the positioning requirements, provide 
     sufficient information to consumers regarding the risks that 
     the use of such devices pose for the development of 
     irreversible damage to the eyes and skin, including skin 
     cancer; and
       (2)(A) whether adding the warning suggested by the American 
     Academy of Dermatology to the current warning label, or any 
     other additional warning, would communicate the risks of 
     indoor tanning more effectively; or
       (B) whether there is no warning that would be capable of 
     adequately communicating such risks.
       (b) Consumer Testing.--In making the determinations under 
     subsection (a), the Secretary shall conduct appropriate 
     consumer testing, using the best available methods for 
     determining consumer understanding of label warnings.
       (c) Public Hearings; Public Comment.--The Secretary shall 
     hold public hearings and solicit comments from the public in 
     making the determinations under subsection (a).
       (d) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     Congress a report that provides the determinations under 
     subsection (a). In addition, the Secretary shall include in 
     the report the measures being implemented by the Secretary to 
     significantly reduce the risks associated with indoor tanning 
     devices.
                                 ______
                                 
      By Mr. AKAKA (for himself, Mr. Reid, Mr. Inouye, Mrs. Boxer, Ms. 
        Cantwell, and Mr. Kennedy):
  S. 671. A bill to exempt children of certain Filipino World War II 
veterans

[[Page 4450]]

from the numerical limitations on immigrant visas; to the Committee on 
the Judiciary.
  Mr. AKAKA. Mr. President. I rise today with my distinguished 
colleagues Senators Harry Reid, Daniel Inouye, Barbara Boxer, Maria 
Cantwell, and Edward Kennedy to introduce a bill which will award 
special immigrant status to the children of naturalized Filipino 
veterans who fought in World War II thereby allowing these veterans to 
become reunited with their families.
  With the passage of the Immigration Act of 1990, the courage of many 
Filipino soldiers who fought alongside our troops during World War II 
was finally honored and acknowledged by our government and they were 
offered the opportunity to obtain U.S. citizenship. However, the Act 
did not extend this opportunity to the sons and daughters of these 
veterans. As a result, many of the brave men who defended this Nation 
may spend the last years of their lives without the comfort and care of 
their families.
  For over twenty years, many of the sons and daughters of these 
soldiers have been waiting to obtain immigrant visas. While some have 
been fortunate enough to have their visas approved, other are still 
waiting because of a backlog. This is unacceptable. My legislation will 
finally allow them to reunite with their elderly parents.
  I urge my Senate colleagues to honor the sacrifices of these brave 
men by supporting this bill and allowing those who have served our 
country so valiantly to have their families by their side for the 
remainder of their years.
                                 ______
                                 
      By Mr. SALAZAR (for himself and Mr. Smith):
  S. 672. A bill to amend the Internal Revenue Code of 1986 to provide 
tax-exempt financing for qualified renewable energy facilities, and for 
other purposes; to the Committee on Finance.
                                 ______
                                 
      By Mr. SALAZAR (for himself, Mr. Smith, Mr. Dorgan, and Mr. 
        Craig):
  S. 673. A bill to amend the Internal Revenue Code of 1986 to provide 
credits for the installation of wind energy property, including by 
rural homeowners, farmers, ranchers, and small businesses, and for 
other purposes; to the Committee on Finance.
  Mr. SALAZAR. Mr. President, today I am introducing two bills that 
will help drive the renewable energy revolution that is currently 
underway in our rural communities. The Rural Community Renewable Energy 
Bonds Act, which I am introducing with Senator Smith, and the Rural 
Wind Energy Development Act, which I am introducing with Senators 
Smith, Dorgan and Craig, will help spur much needed private investment 
in renewable energy infrastructure in rural areas.
  I have spoken countless times about the great possibilities that 
rural America holds for our Nation's energy future. I have also 
expressed my alarm at how our rising dependence on foreign oil is 
undermining our security and our interests around the world.
  How do we build a more energy secure economy--one that is less 
vulnerable to wild swings in oil prices, political instability, and 
supply disruptions? Unfortunately, we don't have the resources in this 
country to drill our way to energy independence. We do, however, have 
the most productive lands in the world, and the most productive 
farmers, ranchers, engineers and entrepreneurs in the world. If we give 
them the right tools, they can build a new, clean energy economy that 
will rely heavily on biofuels, wind power, solar energy, and 
alternative sources.
  If you spend time in places like Prowers County or Alamosa County, 
you see that a clean energy revolution is already underway in our 
heartland. In these rural communities, like so many across the country, 
people are banding together to build small biofuels plants, solar 
farms, and wind turbines. These projects are already underway, and they 
are the seeds for a full-blown clean energy revolution in rural 
America.
  The farmers, ranchers, and entrepreneurs who are behind these 
projects want to be a part of the solution to our Nation's energy 
challenges. They also understand that home-grown energy can revitalize 
the Main Streets that have been boarded up in the last few years.
  The bills I am introducing today provide tools that rural communities 
can use to build a renewable energy economy.
  The first bill, the Renewable Energy Bonds Act, provides incentives 
for investment in wind and other renewable energy projects by giving 
private developers access to tax-exempt bond markets.
  Currently, the Federal tax code only allows municipal and public 
entities access to tax-exempt bond markets for wind and other renewable 
energy projects. Private developers, who are more likely to invest in 
smaller projects and who are currently responsible for nearly 75 
percent of current renewable energy development, are not eligible to 
use these federally tax-exempt bonds.
  This is unfortunate because these are the same small developers who 
don't benefit much from the production tax credit, as their Federal tax 
liabilities usually aren't big enough to reap the tax credit's 
benefits.
  Renewable energy bonds make sense for these small developers and, 
because they cost the Federal Government less than the production tax 
credit, they also make sense from a fiscal perspective. This bill may 
actually save the Government money.
  The second bill I am introducing, the Rural Wind Energy Development 
Act, would extend the production tax credit to include small wind 
systems. We have made great strides in wind development over the last 
few years, as evidenced by wind energy's growing availability to 
Colorado consumers.
  The trouble is that the existing production tax credit only benefits 
larger producers that want to build wind farms with million-dollar 
turbines. Small businesses, towns, farms, and families aren't given the 
same incentive to produce their own renewable power from smaller, more 
affordable turbines.
  This is unfortunate because the National Renewable Energy Lab in 
Golden, Colorado, and others are making great strides in the 
development of small wind systems that can be installed on homes and 
businesses. The system now available costs around $50,000 for 10kW of 
capacity.
  That's a steep investment for any family or any business. But our 
bill, by providing a tax incentive for their purchase, would not only 
reduce the cost, but it would create more market certainty for 
manufacturers of small wind systems. With more systems in production, 
costs will fall further and small wind will be a real option for more 
people.
  The bill is simple: it creates a five year tax credit of $1500 per 
half-kW. There is no cap for the purchase and installation of small 
wind systems, so long as they are smaller than 100kW. It will put more 
small wind systems on the market and it will give consumers more 
choices of how to power their homes and businesses.
  I'm proud to introduce these bills with my colleagues because they 
represent two more building blocks for a new, clean energy economy and 
because they will help revitalize a rural America that has been 
forgotten for too long.
  I hope we can move these straightforward, bipartisan solutions 
through as quickly as possible.
                                 ______
                                 
      By Mr. HARKIN (for himself, Mr. Grassley, Mr. Cochran, Mr. Dodd, 
        Mr. Durbin, Mr. Kerry, Mr. Kohl, Mrs. Murray, Mr. Rockefeller, 
        Ms. Snowe, and Ms. Stabenow):
  S. 675. A bill to provide competitive grants for training court 
reporters and closed captioners to meet requirements for realtime 
writers under the Telecommunications Act of 1996, and for other 
purposes; to the Committee on Commerce, Science, and Transportation.
  Mr. HARKIN. Mr. President, today I am introducing legislation, the 
Training for Realtime Writers Act of 2007, on behalf of myself and my 
colleagues, Senators Grassley, Cochran, Dodd, Durbin, Kerry, Kohl, 
Murray, Rockefeller, Snowe and Stabenow.

[[Page 4451]]

  The 1996 Telecom Act required that all television broadcasts were to 
be captioned by 2006 and all Spanish language programming was to be 
captioned by 2010. This was a much needed reform that has helped 
millions of deaf and hard-of-hearing Americans to be able to take full 
advantage of television programming. And now the first deadline has 
passed. On January 1, the Federal Communications Commission (FCC) began 
fining stations for not captioning.
  Unfortunately, the United States has fallen behind in training 
captioners. We must jump start training programs to supply captioning 
for the many broadcasters just realizing their obligation now. And 
looking forward, we need to get students in the pipeline now to begin 
to address the need for Spanish language broadcasting.
  This is an issue that I feel very strongly about because my late 
brother, Frank, was deaf. I know personally that access to culture, 
news, and other media was important to him and to others in achieving a 
better quality of life. More than 30 million Americans are considered 
deaf or hard of hearing and many require captioning services to 
participate in mainstream activities. In 1990, I authored legislation 
that required all television sets to be equipped with a computer chip 
to decode closed captioning. This bill completes the promise of that 
technology, affording deaf and hard of hearing Americans the same 
equality and access that captioning provides.
  With baby boomers aging, the percentage of the population with 
hearing loss is increasing dramatically and will continue to outpace 
population growth for the next decade. But let me emphasize that the 
deaf and hard of hearing population is only one of a number of groups 
that will benefit from the legislation. The audience for captioning 
also includes individuals seeking to acquire or improve literacy 
skills, including approximately functionally illiterate adults, 
immigrants learning English as a second language, and children learning 
to read. Empirical research studies have been conducted repeatedly 
since 1988 to demonstrate that captions improve the performance of 
individuals learning to read English.
  I see people using closed captioning to stay informed everywhere--
from the gym to the airport. Here in the Senate, I would wager that 
many individuals on our staff have the captioning turned on right now 
to follow what is happening on the Senate floor while they go about 
conducting the meetings and phone calls that advance legislation. 
Captioning helps people educate themselves and helps all of us stay 
informed and entertained when audio isn't the most appropriate medium.
  Although the 2006 deadline has passed, our nation is facing a serious 
shortage of captioners. The rate of job placement upon graduation nears 
100 percent. In addition, the majority of closed captioners are 
independent contractors. They are the small businesses that run the 
American economy and we should do everything we can to promote the 
creation and support of those businesses.
  That is why my colleagues and I are re-introducing this vital piece 
of legislation. The Training for Realtime Writers Act of 2007 would 
establish competitive grants to be used toward training real time 
captioners. This is necessary to ensure that we meet the promises we 
made in the 1996 Telecom Act.
  The Senate Commerce Committee reported this bill unanimously in the 
last two sessions, the full Senate has passed this Act without 
objection three times now, and we stand here today, once again at the 
beginning of the process. I am hopeful that this will be the Congress 
moves our country forward on this accessibility issue. I ask my 
colleagues to join us once again in support of this legislation and 
join us in our effort to win its passage into law.

                          ____________________