[Congressional Record (Bound Edition), Volume 153 (2007), Part 5]
[Senate]
[Pages 7223-7243]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. SESSIONS (for himself, Mrs. Murray, Mr. Cochran, Mr. 
        Kerry, Mr. Lott, Mr. Akaka, Mr. Burr, Mr. Dodd, Mr. Domenici, 
        Mr. Bingaman, and Mrs. Lincoln):
  S. 958. A bill to establish an adolescent literacy program; to the 
Committee on Health, Education, Labor, and Pensions.
  Mr. SESSIONS. Mr. President, today Senator Murray and I are pleased 
to introduce the Striving Readers Act, for the eight million middle and 
high school students across this country who are not reading well 
enough to succeed in school. I thank Senator Murray for her 
longstanding leadership on this issue, as well as the Alliance for 
Excellent Education, the International Reading Association, and the 
National Association of Secondary School Principals. I also thank my 
colleagues, Republican and Democrat, who have agreed to cosponsor the 
bill Senator Cochran, Senator Kerry, Senator Lott, Senator Akaka, 
Senator Burr, Senator Dodd, Senator Domenici, Senator Bingaman, and 
Senator Lincoln. I thank them for their support and for demonstrating 
that improving reading and writing in every grade is something we all 
can get behind.
  This important bill will help schools in every State ensure our 
adolescents read and write well enough to learn in school, graduate on 
time, and succeed in college and the workplace. Better literacy is the 
cornerstone to improving student achievement in all subjects, lowering 
dropout rates, and ensuring students do well when they go on to college 
or the workforce. A recent study by the American College Testing 
Program (ACT) found that students with better literacy skills in high 
school do better in their math, science, and social studies courses 
both in high school and in college.
  The Striving Readers Act marks an important effort to improve reading 
for the older student. Last year, Congress appropriated $1 billion for 
the Reading First program available for every State to ensure children 
read by the third grade. That was an important step, and we have seen 
4th grade reading scores rise nationally because of it. However, 
research shows that many readers who test well in 4th grade do not 
carry that knowledge into upper grades. We must not risk squandering 
the investment Congress has already made for younger students.
  Seventy percent of our middle and high school students read below 
grade level. That means we must continue our support for ongoing 
programs that reflect the needs of the older student for more advanced 
vocabulary and comprehension skills. All students, throughout their K-
12 educational experience, deserve adequate support to ensure they 
graduate on time with appropriate skills and knowledge that meet the 
demands of the 21st century.
  To be sure, some problems with the Reading First program have 
surfaced. Let me assure you that the Striving Readers bill addresses 
those problems to ensure the law and its implementation are fair, 
transparent, and driven by research, not special interests. 
Interestingly, many in my State have told me that the law is good and 
showing results; the problems have come with poor implementation.
  Low literacy skills don't just cost the student; they cost our 
economy because students don't learn what they should in school. The 
National Center for Education Statistics found that 53 percent of 
undergraduates require remediation. One-half of these students required 
a remedial writing course, and 35 percent took remedial reading. That 
means community colleges spend $1.4 billion every year catching kids up 
to where they should have been when they graduated. The Mackinac Center 
for Public Policy reports an estimated $16.6 billion in remediation 
costs to the U.S. economy each year. This means that America's 
businesses and colleges are spending $16.6 billion teaching high school 
graduates skills they should have learned in high school.
  America's declining competitiveness in the global economy is due in 
part to sub-par literacy skills. International comparisons of reading 
performance placed American 11th graders close to the bottom, behind 
students from the Philippines, Indonesia, Brazil, and other developing 
nations. Our high school graduates continue to lag, as employers move 
jobs overseas, not for the low-cost labor alone, but also to tap into 
the highly literate, motivated, and technologically skilled workers 
that other nations can offer them.
  The Striving Readers Act will help our Nation raise its literacy 
levels and compete in a global arena. We can do this. Research shows 
that adolescents with lagging literacy skills can master college 
material if they receive good literacy instruction in school.
  Specifically, the Striving Readers bill would do the following:
  Help States create statewide literacy initiatives, share data on 
student progress with parents and the public, and improve teacher 
training and professional development in literacy so that all students 
receive high quality instruction.
  Help districts and schools create plans to improve literacy, 
including targeted interventions for students far below grade level, 
top notch assessments for all students, training for teachers in every 
subject to incorporate literacy strategies, and regular data to improve 
teaching and learning.
  Allow districts and schools to hire and place literacy coaches, train 
parents to support the literacy development of their child, and connect 
learning inside the classroom with learning that takes place outside 
the classroom.
  Ensure States, districts, and schools participate in a rigorous 
evaluation that demonstrates student progress.
  Require the Federal Government to complete an overall evaluation of 
the program to determine its impact on the Nation's middle and high 
schools.
  I am proud to say that my State has been working on this issue for a 
long time. In 1998 Alabama launched the Alabama Reading Initiative 
(ARI), a statewide program designed to ensure every student in grades K 
to 12 is proficient in reading. We provide ongoing, research-based 
training to teachers in all subjects so that every educator can help 
students struggling to read. Fortunately, the Alabama Reading 
Initiative is now in every elementary school in the State. 
Unfortunately, fewer middle and high schools have been able to take 
part, due to limited funding. This is true in other States as well.
  For those schools in the program we have seen great gains. ARI 
schools have made great progress, and those that have had the benefit 
of additional funding from the Federal Reading First program have shown 
even more rapid, dramatic gains. Many of you have heard of the 
outstanding impact of the Alabama Reading Initiative, primarily for 
younger children. It is time for us to develop new methods to meet the 
needs of students in the upper grades who are reading and writing below 
grade level. I applaud Alabama's leadership on this important issue as 
they

[[Page 7224]]

work to expand the Alabama Reading Initiative into middle and high 
schools, and I am honored to offer legislation to promote this effort 
on the national level. I would like to thank Governor Riley for his 
commitment to the Alabama Reading Initiative, and Dr. Katherine 
Mitchell, whose enthusiasm and hard work has made the success of ARI a 
reality for Alabama's children. Alabama has become a model for the 
Nation, and I am so proud of the progress they have made.
  The Federal Government cannot and should assume the responsibility 
for education from the States. But we can develop research, supply seed 
money, and provide leadership to help States make advancements, without 
unnecessary mandates. We can leverage success in places like Alabama to 
shine a light for others.
  We know that, given the right instruction and opportunity, children 
can learn to read and write well and use that knowledge to achieve at 
higher levels of education. I hope that our colleagues in the Senate 
will join Senator Murray and me in supporting the Striving Readers Act. 
And I hope we will authorize Striving Readers as part of No Child Left 
Behind so that children in every State have the reading skills they 
need to succeed in school, college, and the workplace.
  Ms. MURRAY. Mr. President, today Senator SESSIONS and I are pleased 
to introduce the Striving Readers Act. This bipartisan bill will help 
America's middle and high school students gain the literacy skills they 
need to succeed in school and graduate ready for college and the 
workplace.
  I want to thank Senator Sessions for his work on this issue and for 
shining a light on his State's success in raising literacy achievement. 
I also want to thank our original cosponsors Senators Akaka, Bingaman, 
Dodd, Kerry, Lincoln, Burr, Cochran, Domenici, and Lott for partnering 
with us. Finally, I offer thanks to our staff, Kathryn Young and Liz 
Stillwell, who have worked on this bill, and the Alliance for Excellent 
Education, the International Reading Association, and the National 
Association of Secondary School Principals for their work.
  Our bill addresses a serious problem. Today 8 million middle and high 
school students across the Nation cannot read well enough to succeed in 
school. This contributes to their likelihood to disengage and drop out. 
Those that do graduate too often falter when they begin college or work 
and then need remediation.
  All around the country educators and stakeholders are working to 
improve literacy, and this bill gives us a way to support their 
efforts. We know that literacy is at the base of every academic 
subject, and it is crucial to student academic success.
  Our bill will engage and reinvigorate those students on the brink of 
failure. The Striving Readers Act constitutes a comprehensive effort to 
give States, districts, and schools the resources they need to ensure 
every student reads and writes well enough to succeed. It would provide 
grants to every State to develop State literacy initiatives that guide 
and support districts and schools to improve reading and writing. It 
would provide grants to districts and schools to assist students who 
are below grade level and to train teachers in core subjects in 
literacy strategies for all students. It would also provide new 
information on what works for struggling readers by conducting 
evaluations of programs.
  This bill could not come at a more important time. In Washington 
State, 66 percent of 8th graders read below ``Proficient'' on the 
National Assessment of Educational Progress. These students, who are at 
the bottom in terms of achievement, are more likely to drop out than 
those at the top. Among this group, minority students' scores are of 
particular concern. Seventy-three percent of Washington State's 
African-American students and 85 percent of Hispanic students read 
below the ``Proficient'' level. These students are falling behind, and 
they need our support.
  I'm pleased to report that my State has made great efforts to remedy 
the problem of low literacy levels. My State launched the Washington 
State Reading Initiative in 2003 to provide support to struggling 
readers in every grade, including middle and high school. Since then, 
our K-12 Reading Model has attracted national attention as a systematic 
reform model. Our program includes statewide training for teachers to 
identify and provide intervention for students at all grade levels. My 
State trains teachers in all subjects to teach reading strategies to 
students. And my State provides guidance to teachers and administrators 
for applying best practices in classrooms. But they should not have to 
continue these efforts alone.
  The challenges we face in Washington are not unique; every State 
struggles with adolescent literacy. Nationally 71 percent of 8th 
graders and 65 percent of 12th graders read below grade level. It 
should not surprise us, then, that only 34 percent of American 
teenagers graduate with the skills they need to do well in college or 
in the workforce.
  If we are to remain globally competitive, Congress must authorize and 
fund a significant adolescent literacy investment for every State. The 
Striving Readers Act would fulfill this need. As a country, we 
currently only substantially support reading initiatives through the 
third grade. International comparisons of reading performance placed 
American 11th graders close to the bottom, behind students from the 
Philippines, Indonesia, Brazil, and other developing nations. The 
Striving Readers Act will help support these middle and high schoolers 
and help our Nation raise its literacy levels to compete in a global 
market.
  Students are not the only ones who pay the price for low literacy 
achievement. With every student who falls behind, our economy suffers. 
The National Center for Education Statistics found that 53 percent of 
undergraduates require remediation. One-half of these students required 
a remedial writing course, and 35 percent took remedial reading. That 
means community colleges spend $1.4 billion every year catching kids up 
to where they should have been when they graduated. The Mackinac Center 
for Public Policy reports that America's businesses and colleges are 
spending $16.6 billion each year to teach graduates what they should 
have learned in middle and high school. This is a costly consequence of 
failing to intervene in a timely manner. We must not continue to make 
this mistake at the expense of students' futures.
  The good news is that research shows we can help struggling students 
make progress. For example, research shows that adolescents with 
lagging literacy skills can master college material if they receive 
high quality literacy instruction in school. In fact, a recent study by 
ACT found that students with better literacy skills in high school do 
better in their math, science, and social studies courses--both in high 
school and in college. Better literacy is the foundation for improving 
student achievement in all subjects, lowering dropout rates, and 
ensuring students do well when they go on to college or the workforce. 
The Striving Readers bill provides a path for this.
  Specifically, the Striving Readers bill would: Help States create 
statewide literacy initiatives, share data on student progress to 
parents and the public, and improve teacher training and professional 
development in literacy so that all students receive high quality 
instruction.
  Help districts and schools create plans to improve literacy, 
including targeted interventions for students way below grade level, 
top notch assessments for all students, training for teachers in every 
subject to incorporate literacy strategies, and regular data to improve 
teaching and learning.
  Allow districts and schools to hire and place literacy coaches, train 
parents to support the literacy development of their child, or connect 
learning inside the classroom with learning that takes place outside 
the classroom.
  Ensure States, districts, and schools participate in a rigorous 
evaluation that demonstrates student progress.
  Require the Federal Government to complete an overall evaluation of 
the program to determine its impact on the Nation's middle and high 
schools.

[[Page 7225]]

  The Striving Readers Act comprises a necessary and urgent investment 
in adolescent students. We created the Reading First program to 
strengthen students' reading skills in the elementary grades. While I 
do have major concerns with the implementation of this program, the 
intent of the law and the commitment to elementary reading skills is 
undoubtedly positive. But with reading proficiency stagnating after 4th 
grade, it is clear that we need a significant investment in the higher 
grades as well. In crafting the Striving Readers bill, we took steps to 
correct and guard against implementation concerns, and I believe that 
this bill will provide the critical resources, training, and evaluation 
to implement high quality adolescent literacy initiatives around the 
country.
  I introduced the PASS Act, first in 2003, and in subsequent 
legislation, to take a comprehensive approach to improving student 
achievement in our Nation's high schools, including use of literacy and 
math coaches, as well as research-based support for high schools with 
the most need. The Striving Readers Act will complement this and allow 
States and schools to effectively address the literacy needs of 
adolescents in 4th grade and up.
  Now is the time to invest in literacy for older students and make 
their success a reality. This issue cannot wait any longer. I hope that 
my colleagues in the Senate will join Senator Sessions and me in 
supporting the Striving Readers Act. And I hope we will authorize 
Striving Readers as part of No Child Left Behind so that children in 
every State have the reading skills they need to succeed in school, 
college, and the workplace.
                                 ______
                                 
      By Mrs. CLINTON (for herself, Mr. Reid, Mr. Alexander, Ms. 
        Mikulski, Mr. Menendez, Mr. Dodd, and Mr. Durbin):
  S. 959. A bill to award grant to enable Teach for America, Inc., to 
implement and expand its teaching program; to the Committee on Health, 
Education, Labor, and Pensions.
  Mrs. CLINTON. Mr. President, I rise today to introduce legislation to 
increase the number of high-need school districts and communities 
served by Teach For America. My legislation will address the need to 
build a pipeline of talented teachers to prepare our children to 
compete in the global economy.
  As the teaching population ages, more and more schools will face 
significant shortages of qualified and motivated teachers. Schools 
across the country will need to replace at least 1 million teachers 
over the next ten years. Our Nation's inner cities and rural 
communities will be even harder hit as their teachers move to suburban 
schools or leave the teaching profession altogether. That is why I am 
sponsoring the Teach For America Act.
  Teach For America is the national corps of exceptional recent college 
graduates of all academic majors who commit two years to teach in 
public schools. Teach For America's corps members and alumni become 
lifelong leaders in the effort to ensure that all children in our 
Nation have an equal chance to succeed in life. Since its inception in 
1990, more than 12,000 individuals have joined Teach For America, 
directly impacting the lives of over 2 million students in under-
resourced schools across the country.
  This legislation will help Teach For America grow to over 7,500 corps 
members in 32 communities teaching over 600,000 low-income students 
every day. It will do so by providing funding for Teach For America to 
expand its program of recruiting, selecting, training, and supporting 
new teachers.
  Teach For America's alumni lead the way for fundamental long-term 
change across the country. After their two years of service, 63 percent 
of Teach For America alumni remain in education as teachers, 
principals, school founders and policy advisors. Others, equipped with 
insight gained through their classroom experience, go on to work in a 
variety of fields--including law, medicine, and social work--and 
continue to increase opportunities for children living in low-income 
communities.
  The Teach For America Act addresses the need to effectively build a 
corps of dedicated, talented college graduates to teach and make a 
lasting impact in our underserved communities. I am hopeful that my 
Senate colleagues from both sides of the aisle will join me in moving 
this legislation to the floor without delay.
                                 ______
                                 
      By Mrs. CLINTON (for herself, Mr. Specter, Ms. Mikulski, Mrs. 
        Boxer, Mr. Biden, Ms. Landrieu, Mr. Kennedy, and Mrs. 
        Hutchison):
  S. 960. A bill to establish the United States Public Service Academy; 
to the Committee on Homeland Security and Governmental Affairs.
  Mrs. CLINTON. Mr. President, I rise today to introduce legislation 
that will create an undergraduate institution designed to cultivate a 
generation of young leaders dedicated to public service. The United 
States Public Service Academy Act, (The PSA Act), will form a national 
academy to serve as an extraordinary example of effective, national 
public education.
  The tragic events of September 11 and the devastation of natural 
disasters such as Hurricanes Katrina and Rita underscore how much our 
Nation depends on strong public institutions and competent civilian 
leadership at all levels of society.
  We must take a step forward in the 110th Congress with a positive 
agenda to ensure competent civilian leadership and improve our Nation's 
ability to respond to future emergencies and to confront daily 
challenges. That is why Senator Specter and I have come together to 
sponsor the PSA Act.
  This legislation will create the U.S. Public Service Academy to groom 
future public servants and build a corps of capable civilian leaders. 
Modeled after the military service academies, this academy will provide 
a four-year, federally-subsidized college education for more than 5,000 
students a year in exchange for a five year commitment to public 
service.
  The PSA Act will meet critical national needs as the baby-boomer 
generation approaches retirement. Already, studies show looming 
shortages in the Federal civil service, public education, law 
enforcement, the non-profit sector and other essential areas. Academy 
graduates will help to fill the void in public service our Nation will 
soon face by serving for five years in areas such as public education, 
public health, and law enforcement.
  Unfortunately our young people are priced out of public service 
careers all too often with the average college graduate owing more than 
$20,000 in student loans. A recent study conducted by the Higher 
Education Research Institute found that more than two-thirds of the 
2005 freshman class expressed a desire to serve others, the highest 
rate in a generation. By providing a service-oriented education at no 
cost to the student, the PSA Act will tap into the strong desire to 
serve that already exists among college students while erasing the 
burden of enormous college debt.
  The establishment of a United States Public Service Academy is an 
innovative way to strengthen and protect America by creating a corps of 
well-trained, highly-qualified civilian leaders. I am hopeful that my 
Senate colleagues from both sides of the aisle will join me today to 
move this legislation to the floor without delay.
                                 ______
                                 
      By Mr. BINGAMAN (for himself, Mr. Domenici, Mr. Tester, Mr. 
        Bunning, Mr. Salazar, Mr. Obama, and Mr. Webb):
  S. 962. A bill to amend the Energy Policy Act of 2005 to reauthorize 
and improve the carbon capture and storage research, development, and 
demonstration program of the Department of Energy and for other 
purposes; to the Committee on Energy and Natural Resources.
  Mr. BINGAMAN. Mr. President, I am pleased to be able to introduce the 
Department of Energy Carbon Capture and Storage Research, Development, 
and Demonstration Act of 2007, along with my co-sponsors, Senators 
Domenici, Tester, Bunning, Salazar, Obama,

[[Page 7226]]

and Webb. This bipartisan bill reauthorizes and improves the carbon 
capture and storage program at the Department of Energy that was first 
explicitly authorized in the Energy Policy Act of 2005. With the 
attention that the topic of global warming has been getting, it is 
becoming ever clearer that we need answers to the practical questions 
of what needs to occur so that we can decide on the role that carbon 
capture and storage will play in our future energy system. This bill, 
as well as a bill that has previously been referred to the Committee on 
Energy and Natural Resources, S. 731, begins to lay the foundation for 
a bipartisan and effective approach to these issues.
  I ask unanimous consent that the full text of the bill be printed in 
the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 962

       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 ``Department of Energy Carbon 
     Capture and Storage Research, Development, and Demonstration 
     Act of 2007''.

     SEC. 2. CARBON CAPTURE AND STORAGE RESEARCH, DEVELOPMENT, AND 
                   DEMONSTRATION PROGRAM.

       Section 963 of the Energy Policy Act of 2005 (42 U.S.C. 
     16293) is amended--
       (1) in the section heading, by striking ``RESEARCH AND 
     DEVELOPMENT'' and inserting ``AND STORAGE RESEARCH, 
     DEVELOPMENT, AND DEMONSTRATION'';
       (2) in subsection (a)--
       (A) by striking ``research and development'' and inserting 
     ``and storage research, development, and demonstration''; and
       (B) by striking ``capture technologies on combustion-based 
     systems'' and inserting ``capture and storage technologies 
     related to energy systems'';
       (3) in subsection (b)--
       (A) in paragraph (3), by striking ``and'' at the end;
       (B) in paragraph (4), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(5) to expedite and carry out large-scale testing of 
     carbon sequestration systems in a range of geological 
     formations that will provide information on the cost and 
     feasibility of deployment of sequestration technologies.''; 
     and
       (4) by striking subsection (c) and inserting the following:
       ``(c) Programmatic Activities.--
       ``(1) Energy research and development underlying carbon 
     capture and storage technologies.--
       ``(A) In general.--The Secretary shall carry out 
     fundamental science and engineering research (including 
     laboratory-scale experiments, numeric modeling, and 
     simulations) to develop and document the performance of new 
     approaches to capture and store carbon dioxide.
       ``(B) Program integration.--The Secretary shall ensure that 
     fundamental research carried out under this paragraph is 
     appropriately applied to energy technology development 
     activities and the field testing of carbon sequestration 
     activities, including--
       ``(i) development of new or improved technologies for the 
     capture of carbon dioxide;
       ``(ii) modeling and simulation of geological sequestration 
     field demonstrations; and
       ``(iii) quantitative assessment of risks relating to 
     specific field sites for testing of sequestration 
     technologies.
       ``(2) Field validation testing activities.--
       ``(A) In general.--The Secretary shall promote, to the 
     maximum extent practicable, regional carbon sequestration 
     partnerships to conduct geologic sequestration tests 
     involving carbon dioxide injection and monitoring, 
     mitigation, and verification operations in a variety of 
     candidate geological settings, including--
       ``(i) operating oil and gas fields;
       ``(ii) depleted oil and gas fields;
       ``(iii) unmineable coal seams;
       ``(iv) saline formations; and
       ``(v) deep geologic systems that may be used as engineered 
     reservoirs to extract economical quantities of heat from 
     geothermal resources of low permeability or porosity.
       ``(B) Objectives.--The objectives of tests conducted under 
     this paragraph shall be--
       ``(i) to develop and validate geophysical tools, analysis, 
     and modeling to monitor, predict, and verify carbon dioxide 
     containment;
       ``(ii) to validate modeling of geological formations;
       ``(iii) to refine storage capacity estimated for particular 
     geological formations;
       ``(iv) to determine the fate of carbon dioxide concurrent 
     with and following injection into geological formations;
       ``(v) to develop and implement best practices for 
     operations relating to, and monitoring of, injection and 
     storage of carbon dioxide in geologic formations;
       ``(vi) to assess and ensure the safety of operations 
     related to geological storage of carbon dioxide; and
       ``(vii) to allow the Secretary to promulgate policies, 
     procedures, requirements, and guidance to ensure that the 
     objectives of this subparagraph are met in large-scale 
     testing and deployment activities for carbon capture and 
     storage that are funded by the Department of Energy.
       ``(3) Large-scale testing and deployment.--
       ``(A) In general.--The Secretary shall conduct not less 
     than 7 initial large-volume sequestration tests for 
     geological containment of carbon dioxide (at least 1 of which 
     shall be international in scope) to validate information on 
     the cost and feasibility of commercial deployment of 
     technologies for geological containment of carbon dioxide.
       ``(B) Diversity of formations to be studied.--In selecting 
     formations for study under this paragraph, the Secretary 
     shall consider a variety of geological formations across the 
     United States, and require characterization and modeling of 
     candidate formations, as determined by the Secretary.
       ``(4) Preference in project selection from meritorious 
     proposals.--In making competitive awards under this 
     subsection, subject to the requirements of section 989, the 
     Secretary shall give preference to proposals from 
     partnerships among industrial, academic, and government 
     entities.
       ``(5) Cost sharing.--Activities under this subsection shall 
     be considered research and development activities that are 
     subject to the cost-sharing requirements of section 988(b).
       ``(d) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section--
       ``(1) $90,000,000 for fiscal year 2007;
       ``(2) $105,000,000 for fiscal year 2008; and
       ``(3) $120,000,000 for fiscal year 2009.''.
                                 ______
                                 
      By Mr. MENENDEZ:
  S. 963. A bill to authorize the Secretary of Education to make grants 
to educational organizations to carry out educational programs about 
the Holocaust; to the Committee on Health, Education, Labor, and 
Pensions.
  Mr. MENENDEZ. Mr. President, I rise today to introduce the Simon 
Wiesenthal Holocaust Education Assistance Act. This important 
legislation would provide competitive grants for educational 
organizations to make Holocaust education more accessible and available 
throughout this Nation.
  I would like to thank Senators Lautenberg and Specter for co-
sponsoring this bill, and I commend my former colleague in the House, 
Congresswoman Maloney, for her leadership on this issue.
  In January, the United Nations held a ceremony to commemorate the 
62nd anniversary of the liberation of Auschwitz and the second annual 
International Day of Commemoration in memory of the victims of the 
Holocaust. This event served as a reminder that people of all faiths 
strongly condemn the systematic, state sponsored genocide conducted by 
the Nazi regime.
  We will forever remember the approximately six million Jewish men, 
women and children, as well as millions of others who faced persecution 
and death. And we extend our gratitude to all who risked their lives 
trying to save others. We also honor Simon Wiesenthal, who dedicated 
his life to making sure that those who perpetrated the horrors of the 
Holocaust were brought to justice.
  After six decades, many of our youth may view the Holocaust as an 
event that occurred in the distant past. But the truth is this issue is 
part of our present day society.
  Just 3 months ago, Iran held a conference in Tehran to debate whether 
or not the Holocaust actually happened, and the Iranian government has 
established a fact finding commission to examine the issue further. 
Such despicable acts are an insult to the millions of people who were 
brutalized and murdered by the Nazis and to all who stand against 
genocide around the world. Clearly, false and destructive messages 
regarding the Holocaust are still being perpetuated, and such events 
highlight the importance of Holocaust education abroad and within our 
own Nation.
  Unfortunately, we have also seen that anti-Semitism continues to 
threaten the safety and well-being of Jewish men and women throughout 
the world. In February, a Polish member of the European Parliament 
published a booklet espousing anti-Jewish sentiments, and in Croatia, 
an investigation has begun after small sugar packets

[[Page 7227]]

bearing Hitler's image and containing Holocaust jokes were found in 
some cafes. These tragic events underscore the need to be proactive in 
combating such bigotry and educating our youth.
  Although some States now require the Holocaust to be taught in public 
schools, the Simon Wiesenthal Holocaust Education Assistance Act goes 
further and makes grants available to organizations that instruct 
students, teachers, and communities about the dangers of hate and the 
importance of tolerance in our society. This legislation would give 
educators the appropriate resources and training to teach accurate 
historical information about the Holocaust and convey the lessons that 
the Holocaust can teach us today.
  We must recognize that by remembering the millions who were murdered 
in the Holocaust, we create a sense of responsibility to stop genocide 
wherever it takes place.
  It is in our common interest to raise our voices against anti-
Semitism and against all hatred and discrimination. Funding accurate 
educational programs on the Holocaust is a step toward winning this 
battle.
  So as America stands with Israel and all followers of the Jewish 
faith in condemning anti-Semitism, let us do everything in our power to 
end discrimination and educate future generations about the danger of 
hatred and bigotry.
  I urge my colleagues to support this legislation.
                                 ______
                                 
      By Mr. AKAKA:
  S. 967. A bill to amend chapter 41 of title 5, United States Code, to 
provide for the establishment and authorization of funding for certain 
training programs for supervisors of Federal employees; to the 
Committee on Homeland Security and Governmental Affairs.
  Mr. AKAKA. Mr. President, I rise today to reintroduce the Federal 
Supervisor Training Act to enhance Federal employee and manager 
performance, and, in turn, agency performance.
  Our Nation's public servants administer a vast array of programs 
designed to meet the needs of the citizens of this country, and indeed 
the world. These employees deserve the support and guidance of trained 
managers who empower them to perform effectively. Furthermore, 
employees must have a clear understanding of their roles and 
responsibilities. Training programs help managers and supervisors 
improve their communication skills and promote stronger manager-
employee relationships.
  While the Federal Government encourages management and supervisory 
training, the development and implementation of training programs is 
left to the discretion of individual agencies. This leads to 
inconsistent guidance on training and sometimes inadequate training due 
to an agency's other priorities and limited resources. Meaningful 
training matters. Training should not be discretionary for agencies.
  Given the growing number of Federal managers who are eligible to 
retire, and the need to attract a robust, well-skilled workforce, it is 
important that employees, who are expected to manage and supervise, 
have the tools to do so effectively.
  In January 2007, the Office of Personnel Management (OPM) released 
the 2006 Federal Human Capital Survey, which showed that the federal 
government's employees and senior managers and leaders still face 
communication problems. For example, according to the survey: only 49 
percent of Federal employees have a high level of respect for senior 
leaders in their agencies, only 41 percent say they are satisfied with 
their leaders' policies and practices, and only 47 percent of Federal 
employees said they were satisfied with the information they get from 
management.
  Upon the release of the survey, OPM Director Linda Springer wrote, 
``As many senior leaders retire, the Federal Government also faces a 
challenge--and opportunity--to improve the effectiveness of the 
leadership corps across Government. We must develop the kinds of 
leaders who can ensure a talented and committed Federal workforce now 
and in the future. Our leaders will need to adapt the workplaces and 
opportunities they offer to attract the best and the brightest from 
diverse talent pools.''
  Good leadership begins with strong management training. It is time to 
ensure that Federal managers receive appropriate training to supervise 
federal employees. I believe the Federal Supervisor Training Act will 
help us reach that goal. My bill will bridge the training gap that 
exists now and help ensure that Federal managers have the necessary 
skills to communicate with and manage Federal employees.
  The Federal Supervisor Training Act has three major training 
components. First, the bill will require that new supervisors receive 
training in the initial 12 months on the job, with mandatory retraining 
every three years on how to work with employees to develop performance 
expectations and evaluate employees. Current managers will have three 
years to obtain their initial training. Second, the bill requires 
mentoring for new supervisors and training on how to mentor employees. 
Third, the measure requires training on the laws governing and the 
procedures for enforcing whistleblower and anti-discrimination rights.
  In addition, my bill will: set standards that supervisors should meet 
in order to manage employees effectively, assess a manager's ability to 
meet these standards, and provide training to improve areas identified 
in personnel assessments.
  I am delighted by the support my bill has received from the 
Government Managers Coalition, which represents members of the Senior 
Executives Association, the Federal Managers Association, the 
Professional Managers Association, the Federal Aviation Administration 
Managers Association, and the National Council of Social Security 
Management Associations; the American Federation of Government 
Employees; the National Treasury Employees Union; the International 
Federation of Professional and Technical Engineers; the AFL-CIO, Metal 
Trades Department, as well as the Partnership for Public Service. I 
believe this broad support, from employee unions to management 
associations to outside good government groups demonstrates the need of 
mandatory training programs and passage of this bill. I urge my 
colleagues to support this important legislation.
  I ask unanimous consent that the text of this 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. 967

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Federal Supervisor Training 
     Act of 2007''.

     SEC. 2. MANDATORY TRAINING PROGRAMS FOR SUPERVISORS.

       (a) In General.--Section 4121 of title 5, United States 
     Code, is amended--
       (1) by inserting before ``In consultation with'' the 
     following:
       ``(a) In this section, the term `supervisor' means--
       ``(1) a supervisor as defined under section 7103(a)(10);
       ``(2) a management official as defined under section 
     7103(a)(11); and
       ``(3) any other employee as the Office of Personnel 
     Management may by regulation prescribe.'';
       (2) by striking ``In consultation with'' and inserting 
     ``(b) Under operating standards promulgated by, and in 
     consultation with,''; and
       (3) by striking paragraph (2) (of the matter redesignated 
     as subsection (b) as a result of the amendment under 
     paragraph (2) of this subsection) and inserting the 
     following:
       ``(2)(A) a program to provide interactive instructor-based 
     training to supervisors on actions, options, and strategies a 
     supervisor may use in--
       ``(i) developing and discussing relevant goals and 
     objectives together with the employee, communicating and 
     discussing progress relative to performance goals and 
     objectives and conducting performance appraisals;
       ``(ii) mentoring and motivating employees and improving 
     employee performance and productivity;
       ``(iii) effectively managing employees with unacceptable 
     performance;
       ``(iv) addressing reports of a hostile work environment, 
     reprisal, or harassment of, or by, another supervisor or 
     employee; and
       ``(v) otherwise carrying out the duties or responsibilities 
     of a supervisor;

[[Page 7228]]

       ``(B) a program to provide interactive instructor-based 
     training to supervisors on the prohibited personnel practices 
     under section 2302 (particularly with respect to such 
     practices described under subsection (b)(1) and (8) of that 
     section) and the procedures and processes used to enforce 
     employee rights; and
       ``(C) a program under which experienced supervisors mentor 
     new supervisors by--
       ``(i) transferring knowledge and advice in areas such as 
     communication, critical thinking, responsibility, 
     flexibility, motivating employees, teamwork, and professional 
     development; and
       ``(ii) pointing out strengths and areas for development.
       ``(c)(1) Not later than 1 year after the date on which an 
     individual is appointed to the position of supervisor, that 
     individual shall be required to have completed each program 
     established under subsection (b)(2).
       ``(2) After completion of a program under subsection 
     (b)(2)(A) and (B), each supervisor shall be required to 
     complete a program under subsection (b)(2)(A) and (B) at 
     least once during each 3-year period.
       ``(3) Each program established under subsection (b)(2) 
     shall include provisions under which credit shall be given 
     for periods of similar training previously completed.
       ``(d) Notwithstanding section 4118(c), the Office of 
     Personnel Management shall prescribe regulations to carry out 
     this section, including the monitoring of agency compliance 
     with this section.''.
       (b) Regulations.--Not later than 180 days after the date of 
     enactment of this Act, the Office of Personnel Management 
     shall prescribe regulations in accordance with subsection (d) 
     of section 4121 of title 5, United States Code, as added by 
     subsection (a) of this section.
       (c) Effective Date and Application.--
       (1) In general.--The amendments made by this section shall 
     take effect 180 days after the date of enactment of this Act 
     and apply to--
       (A) each individual appointed to the position of a 
     supervisor, as defined under section 4121(a) of title 5, 
     United States Code, (as added by subsection (a) of this 
     section) on or after that effective date; and
       (B) each individual who is employed in the position of a 
     supervisor on that effective date as provided under paragraph 
     (2).
       (2) Supervisors on effective date.--Each individual who is 
     employed in the position of a supervisor on the effective 
     date of this section shall be required to--
       (A) complete each program established under section 
     4121(b)(2) of title 5, United States Code (as added by 
     subsection (a) of this section), not later than 3 years after 
     the effective date of this section; and
       (B) complete programs every 3 years thereafter in 
     accordance with section 4121(c) (2) and (3) of such title.

     SEC. 3. MANAGEMENT COMPETENCY STANDARDS.

       (a) In General.--Chapter 43 of title 5, United States Code, 
     is amended--
       (1) by redesignating section 4305 as section 4306; and
       (2) inserting after section 4304 the following:

     ``Sec. 4305. Management competency standards

       ``(a) In this section, the term `supervisor' means--
       ``(1) a supervisor as defined under section 7103(a)(10);
       ``(2) a management official as defined under section 
     7103(a)(11); and
       ``(3) any other employee as the Office of Personnel 
     Management may by regulation prescribe.
       ``(b) The Office of Personnel Management shall issue 
     guidance to agencies on standards supervisors are expected to 
     meet in order to effectively manage, and be accountable for 
     managing, the performance of employees.
       ``(c) Each agency shall--
       ``(1) develop standards to assess the performance of each 
     supervisor and in developing such standards shall consider 
     the guidance developed by the Office of Personnel Management 
     under subsection (b) and any other qualifications or factors 
     determined by the agency;
       ``(2) assess the overall capacity of the supervisors in the 
     agency to meet the guidance developed by the Office of 
     Personnel Management issued under subsection (b); and
       ``(3) develop and implement a supervisor training program 
     to strengthen issues identified during such assessment.
       ``(d) Every year, or on any basis requested by the Director 
     of the Office of Personnel Management, each agency shall 
     submit a report to the Office on the progress of the agency 
     in implementing this section.''.
       (b) Technical and Conforming Amendments.--
       (1) Table of sections.--The table of sections for chapter 
     43 of title 5, United States Code, is amended by striking the 
     item relating to section 4305 and inserting the following:

``4305. Management competency standards.
``4306. Regulations.''.
       (2) Reference.--Section 4304(b)(3) of title 5, United 
     States Code, is amended by striking ``section 4305'' and 
     inserting ``section 4306''.
                                 ______
                                 
      By Mrs. BOXER (for herself, Mr. Smith, Mr. Durbin, and Mr. 
        Brown):
  S. 968. A bill to amend the Foreign Assistance Act of 1961 to provide 
increased assistance for the prevention, treatment, and control of 
tuberculosis, and for other purposes; to the Committee on Foreign 
Relations.
  Mrs. BOXER. Mr. President, today, I rise to introduce the bipartisan 
Stop TB Now Act of 2007. I am joined in this effort by Senators Gordon 
Smith, Dick Durbin, and Sherrod Brown.
  For 8 years, I have worked with Senator Smith to fight the spread of 
international tuberculosis. I appreciate his help on this bill. I am 
also grateful for the support of Senate Majority Whip Dick Durbin, as 
well as Senator Brown, who was the leader on international TB issues 
when he was a member of the House of Representatives.
  The need for this legislation is clear. Tuberculosis kills 1.6 
million people per year--1 person every 15 seconds. One-third of the 
world is infected with the bacteria that causes TB and an estimated 8.8 
million individuals develop active TB each year. And tuberculosis is a 
leading cause of death among women of reproductive age and of people 
who are HIV-positive.
  While developing nations are most heavily impacted by TB, there is 
also a concern here at home. My State of California has more TB cases 
than any other State in the country and 10 of the top 20 U.S. metro 
areas with the highest TB rates are in California.
  The best way to treat TB is through DOTS, which stands for directly 
observed treatment, short course. This treatment ensures a steady and 
uninterrupted supply of drugs to prevent the spread of multi-drug 
resistant TB. It costs just $20-100 per person to treat regular TB with 
DOTS. But it costs 1,400 times that amount to treat a person with 
multi-drug resistant TB.
  Today, we face an even more dangerous problem--the outbreak of 
extremely drug resistant TB. In some cases, this form of TB is 
untreatable. In one South African town, 53 TB patients were found to 
have XDR-TB. All but one died. We must fully fund international TB 
control efforts because drug-resistant TB happens when people fail to 
complete treatment.
  To stop the spread of tuberculosis, the international community came 
together last year to develop the Global Plan to Stop TB, a 
comprehensive assessment of the resources and actions needed to cut the 
number of TB deaths in half by 2015.
  My bill will bring U.S. policy in line with this plan by authorizing 
$330 million for fiscal year 2008 and $450 million for fiscal year 
2009. for foreign assistance programs that combat international TB. The 
bill also authorizes $70 million for fiscal year 2008 and $100 million 
for fiscal year 2009 for the Centers for Disease Control programs to 
combat international TB.
  TB kills more people than any other curable disease in the world. We 
have a moral obligation to take the steps necessary to meet this 
challenge.
                                 ______
                                 
      By Mr. DODD (for himself, Mr. Durbin, and Mr. Kennedy):
  S. 969. A bill to amend the National Labor Relations Act to modify 
the definition of supervisor; to the Committee on Health, Education, 
Labor, and Pensions.
  Mr. DODD. Mr. President, I rise today to introduce the Re-empowerment 
of Skilled and Professional Employees and Construction Tradeworkers 
Act, or RESPECT Act, a bill to amend the National Labor Relations Act 
to modify the definition of supervisor. I am pleased to be joined by 
Senators Durbin and Kennedy as original cosponsors and would like to 
acknowledge Congressman Andrews for championing this legislation in the 
House of Representatives.
  The RESPECT Act would make vital changes to the definition of 
supervisor to ensure that no employee is unjustly denied his or her 
right to join a labor union. This is a very simple bill just four lines 
of text making a few definitional changes to the National Labor 
Relations Act (NLRA). Yet the livelihoods of thousands, possibly 
millions, of workers are at stake in those few lines. Workers 
designated as supervisors may not join a union or engage in collective 
bargaining. As a result,

[[Page 7229]]

some employers have sought to deny many workers their right to organize 
by unfairly classifying them as supervisors. And unfortunately, 
President Bush's appointees on the National Labor Relations Board 
(NLRB) have upheld these unfair classifications.
  The NLRB has struggled for years with the definition of supervisor. 
Twice in the last ten years, its attempts to define supervisory status 
have been reviewed and rejected by the Supreme Court. But despite this, 
the NLRB refused to hear oral arguments for the three decisions it 
handed down last October--Oakwood Healthcare, Inc., Golden Crest 
Healthcare Center, and Croft Metals, Inc. These decisions are known 
collectively as the Kentucky River decisions, after the 2001 Supreme 
Court case of NLRB v. Kentucky River.
  The NLRB ruled that many charge nurses are supervisors, even though 
they have no authority to hire, fire, or discipline other employees. In 
the course of their responsibilities to provide the best care possible 
to their patients, many rank-and-file nurses occasionally rotate 
through a limited oversight role, such as assigning other nurses to 
patients based on workload or a nurse's particular specialty. But on a 
pretext as slim as that, employers would keep their workers from 
unionizing altogether.
  In the Oakwood decision, the hospital argued that 127 of its 181 
nurses were supervisors. Though the NLRB found that only 12 were in 
fact supervisors, its decision left the door open for widespread abuse. 
Under its ruling, only 10 percent of a worker's time in a supervisory 
capacity is enough to lock him or her out of a union.
  Following that precedent, another hospital declared a ludicrous 
number of its registered nurses to be supervisors--and an NLRB Regional 
Director agreed. 17 of 20 registered nurses in the Intensive Care Unit 
were declared supervisors; 6 of 7 in the Medical Unit; 9 of 11 in 
Neonatal Intensive Care; and in the Inpatient Rehabilitation Unit--all 
7. Fictitious classifications like these show just how far some will go 
to keep workers from bargaining fairly. And, sadly, they demonstrate 
just how far the NLRB will go to facilitate these false and unfair 
classifications.
  Though recent NLRB decisions have targeted nurses, the dangerous 
precedent they set threatens the rights of workers in countless 
industries. The NLRB has opened a Pandora's box: Laborers who sometimes 
work with assistants, or skilled craftsmen who take apprentices, can be 
barred from unions by the same false logic that prevents nurses from 
organizing.
  These decisions are written on more than paper. They're written on 
real lives, on workers in the thousands and millions, on the dignity of 
their labor, the health of their children, and the security of their 
old age. For them, legal fiction becomes painful fact: Without their 
fair seat at the table, workers will possibly see lower wages, longer 
hours, more dangerous working conditions, and threats to their 
healthcare and retirement.
  The services they provide will suffer as well. Take the case of 
nurses: Many fear retribution if they speak out on their own about 
unsafe practices that could endanger patients' lives. Instead, many 
rely on their unions to provide a strong, unified voice for improved 
patient care. It's in our interest to keep that voice strong--just one 
example of how healthy unions benefit us all.
  The bill introduced today, the RESPECT Act, offers a commonsense step 
to protect workers' rights. It deletes the terms ``assign'' and 
``responsibly to direct'' from the definition of supervisor--terms that 
the NLRB drastically expanded to justify its rulings. The bill also 
would require that, to be classified as a supervisor, an employee must 
actually be one by specifying that an employee must spend the majority 
of his or her worktime in a supervisory capacity.
  That's hardly a radical innovation--in fact, it returns us to 
Congress's original intent. In 1947, the Senate Committee Report on 
amendments to the National Labor Relations Act stated that:

       the committee has not been unmindful of the fact that 
     certain employees with minor supervisory duties have problems 
     which may justify their inclusion in that act. It has 
     therefore distinguished between straw bosses, leadmen, set-up 
     men, and other minor supervisory employees, on the one hand, 
     and the supervisor vested with. . .genuine management 
     prerogatives.

  Clearly, Congress did not intend to deny the right to organize to 
those workers whose jobs require only occasional and minor supervisory 
duties. The RESPECT Act restores that sensible precedent.
  It's not by chance that the rise of the labor movement coincided with 
the rise of the largest and strongest middle class the world has ever 
seen. The achievements of the labor unions have made it possible for 
many working men and women to send their children to college, to store 
up savings for sickness, injury, and old age--to move from deprivation 
to dignity. The labor movement greatly contributed to the strengthening 
of the American middle class.
  Organized labor was opposed at every step--sometimes by intimidation, 
sometimes by violence, sometimes by propaganda. Today it is opposed by 
specious reasoning and twisted definitions of a kind I've rarely seen 
in public life. I hope my colleagues will be moved to support this bill 
out of their respect for honesty alone. But add the fact that the 
security and dignity of so many of their constituents depend on the 
right to organize and bargain, and the case becomes as clear as day. I 
urge my colleagues to support this bill.
  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. 969

       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 ``Re-empowerment of Skilled 
     and Professional Employees and Construction Tradesworkers 
     Act'' or the ``RESPECT Act''.

     SEC. 2. AMENDMENT OF THE NATIONAL LABOR RELATIONS ACT.

       Section 2(11) of the National Labor Relations Act (29 
     U.S.C. 152(11)) is amended--
       (1) by inserting ``and for a majority of the individual's 
     worktime'' after ``interest of the employer'';
       (2) by striking ``assign,''; and
       (3) by striking ``or responsibly to direct them,''.

  Mr. DURBIN. Mr. President, I come to the floor to join Senator Dodd 
and Senator Kennedy in introducing the Re-empowerment of Skilled 
Professional Employees and Construction Tradesworkers Act, also known 
as the RESPECT Act.
  This legislation will amend the National Labor Relations Act to 
modify the definition of ``supervisor.'' It is necessary because of 
recent rulings by the National Labor Relations Board, which has 
determined that millions of workers do not fall within the definition 
of ``supervisor.'' An employee who is deemed a ``supervisor'' under the 
National Labor Relations Act does not have collective bargaining rights 
or other labor protections.
  The NLRB rulings in these so-called Kentucky River cases have an 
enormous impact on nurses. According to the amicus brief filed by the 
American Nurses Association and United American Nurses, AFL-CIO, in 
these cases, ``[o]f the more than 2.1 million people working as 
registered nurses in the United States in the year 2002, 15.6 per cent 
were union members. Registered nurses covered by a collective 
bargaining agreement can earn approximately 11 per cent more per week 
than non-unionized nurses. . . .''
  There are 800,000 nurses in this country--40,000 nurses in my home 
State of Illinois alone. We owe it to these nurses to find a workable 
definition of the term ``supervisor'' so that they and other 
professional employees and construction tradesworkers receive the labor 
protections that Congress intended.
  The supervisor exclusion was created in 1947 when Congress adopted 
the Taft-Hartley amendments to the National Labor Relations Act. The 
Act defines ``supervisor'' as:

       [A]ny individual having authority, in the interest of the 
     employer, to hire, transfer, suspend, lay off, recall, 
     promote, discharge,

[[Page 7230]]

     assign, reward, or discipline other employees, or responsibly 
     to direct them, or to adjust their grievances, or effectively 
     to recommend such action, if in connection with the foregoing 
     the exercise of such authority is not of a merely routine or 
     clerical nature, but requires the use of independent 
     judgment.

  The interpretation and application of this definition has resulted in 
years of litigation before the NLRB and courts of appeals. The United 
States Supreme Court last spoke on the issue in 2001. In NLRB v. 
Kentucky River Community Care, Inc., 532 U.S. 706 (2001), it reviewed 
the Board's test for determining supervisory status and rejected the 
Board's interpretation. The Supreme Court's decision left open the 
interpretation of the term ``supervisor'' and three cases were filed 
before the National Labor Relations Board to address this issue: 
Oakwood Healthcare, Inc., Case 7-CA-22141, Golden Crest Healthcare 
Center, Cases 18-RC-16415 and 18-RC-16416, and Croft Metals, Inc., Case 
15-RC-8393.
  The NLRB refused to hear oral argument in these cases despite the 
fact that its attempt to define supervisory status had been reviewed 
and rejected by the Supreme Court and it has been more than 5 years 
since the Court's decision in Kentucky River. In July, I joined Senator 
Kennedy and other Democrats in a letter to the Chairman of the NLRB to 
urge that the Board reconsider its decision not to allow oral arguments 
in these cases. The NLRB refused.
  In October 2006, the Board issued its rulings and expanded the 
meaning of the definition of ``supervisor'' by expanding the meaning of 
the terms ``assign'' and ``responsibly to direct.'' The NLRB rulings 
override the intent of Congress not to exclude minor supervisory 
officials, professionals, skilled craftpersons, and nurses from labor 
protections.
  Last December, I noted that several States are suffering from nursing 
shortages. This legislation is necessary to alleviate the nursing 
crisis. More than 72 percent of hospitals experience nursing shortages, 
and 1.2 million nursing positions need to be filled within the next 
decade. By denying nurses the right to collectively bargain, pay will 
surely decrease and the working environment of these nurses will 
deteriorate, thereby driving even more nurses out of the profession and 
discouraging individuals from entering the field.
  I urge my colleagues to join Senators Dodd, Kennedy, and I in 
supporting the RESPECT Act--an important effort to help American 
nurses, other skilled professional employees, and construction 
tradesworkers.
                                 ______
                                 
      By Mr. SMITH (for himself, Mr. Durbin, Mr. Lautenberg, Mr. 
        Coleman, Mr. Lieberman, Mr. Brownback, Mr. Bayh, Mr. Kyl, Mr. 
        Thune, Ms. Mikulski, and Mr. Menendez):
  S. 970. A bill to impose sanctions on Iran and on other countries for 
assisting Iran in developing a nuclear program, and for other purposes; 
to the Committee on Finance.
  Mr. SMITH. Mr. President, I rise today to address a serious concern 
more than 20 years in the making. In large part because of the secrecy 
over its nuclear program, America's National Security Strategy for 2006 
identifies Iran as one of the greatest challenges to the United States. 
The Senate recognized this threat in January 2006 by unanimously 
condemning Iran's refusal to comply with its nuclear nonproliferation 
obligations. Last September, this body unanimously passed mandatory 
sanctions on persons who knowingly helped Iran acquire or develop 
weapons of mass destruction. And all the while, Tehran continued its 
pursuit of a nuclear program that, unchecked, will lead to a nuclear-
armed Iran.
  I cannot overestimate the threat that this poses to the security of 
the United States and our allies. Since the revolution that brought it 
to power, the theocracy that rules over Iran has demonstrated its 
contempt for the democratic ideals on which our country is based. It 
has held its own people hostage in an effort to maintain absolute 
control over their destiny. And it has spewed forth hate-filled 
rhetoric at regular intervals about the very existence of the state of 
Israel--a valued American ally in the Middle East.
  After years of vigorous diplomacy by Britain, France, and Germany 
failed to persuade the Iranians to give up their nuclear program, the 
United Nations Security Council passed a resolution in December 2006 
calling for the suspension of all enrichment-related activities. Iran 
ignored that demand, and instead, responded by stepping up their 
nuclear program. Inaction in the face of such an egregious challenge is 
a mockery of the international institutions where diplomatic solutions 
are tried and tested. Now is the time to use every tool in our arsenal 
short of military force to stop the Iranian regime from developing 
nuclear weapons, and to send the message that the international 
community will not tolerate flagrant violations of our combined will.
  I have heard the calls of my colleagues that all efforts should be 
made to avoid military intervention in Iran. I agree with them 
entirely. But Mr. President, I will not stand idle while up to 3,000 
centrifuges in Natanz enrich uranium that one day soon could tip a 
warhead aimed at the U.S. or our allies around the world.
  Today I am introducing legislation designed to persuade Tehran to 
give up its nuclear ambitions. The Iran Counter-Proliferation Act of 
2007 will significantly strengthen our economic sanctions against Iran 
and any entities that choose to support the regime. I am pleased that 
Senator Durbin has joined me in this effort, as well as Senators 
Coleman, Lautenberg, Brownback, Lieberman, Kyl, Bayh, and Thune.
  This legislation urges the Administration to pursue measures in the 
international financial sector to restrict financing in Iran and 
encourages foreign state-owned entities to cease investment in Iran's 
energy sector. It prohibits all imports from and exports to Iran. It 
forbids any action that would extend preferential trade treatment to 
Iran or that would lead to Iranian accession to the WTO. And it freezes 
assets of senior Iranian officials and their families. By cutting off 
Iran's access to the hard currency it needs, we can increase the cost 
of their decision to pursue its nuclear program.
  The legislation also singles out Russia--a country that has 
contributed significantly to the development of Iran's nuclear program 
and has significant financial ties with Tehran. Among other 
restrictions, the bill prevents the United States from moving forward 
with a multi-billion dollar nuclear cooperation agreement with Moscow 
until the President certifies that Russia has suspended its nuclear 
assistance and the transfers of any conventional weapons and missiles 
to Iran. The Russians may feel this is unfair, particularly in light of 
their recent announcement they would suspend the delivery of nuclear 
fuel to Iran's Bushehr reactor. I am pleased with this decision and 
hope that it is the beginning of a new view in Moscow of Iran's nuclear 
program. But we must remember that over the past decade, Russia has 
periodically suspended its nuclear assistance to Iran only to resume 
this assistance at a later date.
  The Iran Counter-Proliferation Act also seeks to bring to light the 
names of companies that continue to feel it is appropriate to do 
business with the mullahs in Tehran. It requires the Administration to 
submit an annual report to Congress listing any foreign investments in 
Iran's energy sector since January 1 of this year and a determination 
on whether such investment is sanctionable under the Iran Sanctions 
Act. And it requires a report listing companies with American 
operations, whether or not they are incorporated in the United States, 
which invest in Iran.
  In a further effort to highlight the cost to Iran of ignoring the 
demands of the international community, this legislation will reduce 
our contributions to the World Bank by the percentage of total money 
the World Bank loans to entities in Iran. The United States does not 
support these loans, and I urge those countries contributing the most 
to the World Bank to oppose such loans in the future.
  Finally, Mr. President, the Iran Counter-Proliferation Act calls on 
the

[[Page 7231]]

Administration to designate the Iranian Revolutionary Guard as a 
Foreign Terrorist Organization and to add it to the Treasury's list of 
Specially Designated Global Terrorists. Funding is increased for the 
Office of Terrorism and Financial Intelligence to strengthen the 
Treasury's efforts to combat unlawful or terrorist financing.
  It is critical for us to realize that our problems with Iran are not 
with the Iranian people, whose legitimate aspirations to live freely in 
a normal, prosperous country should be recognized. As such, this 
legislation designates $10 million in funding to enhance our friendship 
with the people of Iran by identifying young Iranians to visit the 
United States under U.S. exchange programs.
  The time for action is now. I hope my colleagues agree with me that 
we must use every available tool short of military force to compel the 
Iranian regime to abandon completely, verifiably, and irreversibly 
their pursuit of a nuclear weapons capability. I recognize that 
sanctions are not always popular, but we need to give them a chance to 
work. By doing nothing, we limit our future options in addressing this 
significant threat to the United States.
  I ask unanimous consent that the full text of the legislation be 
printed in the Record.
  I urge my colleagues to support the Iran Counter-Proliferation Act of 
2007.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 970

       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 ``Iran Counter-Proliferation 
     Act of 2007''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) For more than 20 years, Iran has pursued a secret 
     nuclear program that is intended to produce a nuclear weapons 
     capability for Iran.
       (2) The Government of Iran has consistently misled the 
     United Nations, the International Atomic Energy Agency, and 
     the United States as to the objectives and scope of its 
     nuclear activities.
       (3) Iran has refused to comply with United Nations Security 
     Council Resolution 1737, adopted on December 23, 2006, which 
     called for the suspension of all enrichment-related and 
     reprocessing activities and is advancing work at its largest 
     nuclear facility.
       (4) The International Atomic Energy Agency is unable to 
     verify the absence of undeclared nuclear material and 
     activities in Iran and its Director-General has stated that 
     Iran could be 6 months to a year away from acquiring the 
     material necessary to make a nuclear weapon.
       (5) An Iranian nuclear weapons capability poses a grave 
     threat to the security of the United States and its allies 
     around the world.
       (6) It is in the national security interests of the United 
     States to prevent Iran from acquiring a nuclear weapons 
     capability.
       (7) The United States should use all political, economic, 
     and diplomatic tools at its disposal to prevent Iran from 
     acquiring a nuclear weapons capability.
       (8) Nothing in this Act should be construed as giving the 
     President the authority to use military force against Iran.

     SEC. 3. SENSE OF CONGRESS.

       The following is the sense of Congress:
       (1) The United States should pursue vigorously all measures 
     in the international financial sector to restrict Iran's 
     ability to conduct international financial transactions, 
     including prohibiting banks in the United States from 
     handling indirect transactions with Iran's state-owned banks 
     and prohibiting financial institutions that operate in United 
     States currency from engaging in dollar transactions with 
     Iranian institutions.
       (2) The United States Trade Representative or any other 
     Federal official should not take any action that would extend 
     preferential trade treatment to, or lead to the accession to 
     the World Trade Organization of, any country that is 
     determined by the Secretary of State to offer government-
     backed export credit guarantees to companies that invest in 
     Iran or any country in which the government owns or partially 
     owns an entity that invests in Iran.
       (3) Iran should comply fully with its obligations under 
     United Nations Security Council Resolution 1737, and any 
     subsequent United Nations resolutions related to Iran's 
     nuclear program, and in particular the requirement to suspend 
     without delay all enrichment-related and reprocessing 
     activities, including research and development, and all work 
     on all heavy water-related nuclear activities, including 
     research and development.
       (4) The United Nations Security Council should take further 
     measures beyond Resolution 1737 to tighten sanctions on Iran, 
     including preventing new investment in Iran's energy sector, 
     as long as Iran fails to comply with the international 
     community's demand to halt its nuclear enrichment campaign.
       (5) The United States should encourage foreign governments 
     to direct state-owned entities to cease all investment in 
     Iran's energy sector and all imports to and exports from Iran 
     of refined petroleum products and to persuade, and, where 
     possible, require private entities based in their territories 
     to cease all investment in Iran's energy sector and all 
     imports to and exports from Iran of refined petroleum 
     products.
       (6) Administrators of Federal and State pension plans 
     should divest all assets or holdings from foreign companies 
     and entities that have invested or invest in the future in 
     Iran's energy sector.
       (7) Iranian state-owned banks should not be permitted to 
     use the banking system of the United States.
       (8) The Secretary of State should designate the Iranian 
     Revolutionary Guards as a Foreign Terrorist Organization 
     under section 219 of the Immigration and Nationality Act (8 
     U.S.C. 1189) and the Secretary of the Treasury should place 
     the Iranian Revolutionary Guards on the list of Specially 
     Designated Global Terrorists under Executive Order 13224 (66 
     Fed. Reg. 186; relating to blocking property and prohibiting 
     transactions with persons who commit, threaten to commit, or 
     support terrorism).

     SEC. 4. DEFINITIONS.

       In this Act:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' has the meaning 
     given that term in section 14(2) of the Iran Sanctions Act of 
     1996 (Public Law 104-172; 50 U.S.C. 1701 note).
       (2) Investment.--The term ``investment'' has the meaning 
     given that term in section 14(9) of the Iran Sanctions Act of 
     1996 (Public Law 104-172; 50 U.S.C. 1701 note).
       (3) Iranian diplomats and representatives of other 
     government and military or quasi-governmental institutions of 
     iran.--The term ``Iranian diplomats and representatives of 
     other government and military or quasi-governmental 
     institutions of Iran'' has the meaning given that term in 
     section 14(11) of the Iran Sanctions Act of 1996 (Public Law 
     104-172; 50 U.S.C. 1701 note).
       (4) Family member.--The term ``family member'' means, with 
     respect to an individual, the spouse, children, 
     grandchildren, or parents of the individual.

     SEC. 5. CLARIFICATION AND EXPANSION OF DEFINITIONS.

       (a) Person.--Section 14(13)(B) of the Iran Sanctions Act of 
     1996 (Public Law 104-172; 50 U.S.C. 1701 note) is amended--
       (1) by inserting ``financial institution, insurer, 
     underwriter, guarantor, and other business organization, 
     including any foreign subsidiary, parent, or affiliate of the 
     foregoing,'' after ``trust,''; and
       (2) by inserting ``, such as an export credit agency'' 
     before the semicolon.
       (b) Petroleum Resources.--Section 14(14) of the Iran 
     Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 
     note) is amended by striking ``petroleum and natural gas 
     resources'' and inserting ``petroleum, petroleum by-products, 
     liquefied natural gas, oil or liquefied natural gas, oil or 
     liquefied natural gas tankers, and products used to construct 
     or maintain pipelines used to transport oil or liquefied 
     natural gas''.

     SEC. 6. RUSSIA NUCLEAR COOPERATION.

       (a) In General.--Notwithstanding any other provision of 
     law, and in addition to any other sanction in effect, 
     beginning on the date that is 15 days after the date of the 
     enactment of this Act, the policies described in subsection 
     (b) shall apply with respect to Russia, unless the President 
     makes a certification to Congress described in subsection 
     (c).
       (b) Policies.--The policies described in this subsection 
     are the following:
       (1) Agreements.--The United States may not enter into an 
     agreement for cooperation with Russia pursuant to section 123 
     of the Atomic Energy Act (42 U.S.C. 2153).
       (2) Licenses to export nuclear material, facilities, or 
     components.--The United States may not issue a license to 
     export directly or indirectly to Russia any nuclear material, 
     facilities, components, or other goods, services, or 
     technology that would be subject to an agreement under 
     section 123 of the Atomic Energy Act (42 U.S.C. 2153).
       (3) Transfers of nuclear material, facilities, or 
     components.--The United States may not approve the transfer 
     or retransfer directly or indirectly to Russia of any nuclear 
     material, facilities, components, or other goods, services, 
     or technology that would be subject to an agreement under 
     section 123 of the Atomic Energy Act (42 U.S.C. 2153).
       (c) Certification.--The certification described in this 
     subsection means a certification made by the President to 
     Congress on or after the date that is 15 days after the date 
     of the enactment of this Act that the President has 
     determined that--
       (1) Russia has suspended all nuclear assistance to Iran and 
     all transfers of advanced conventional weapons and missiles 
     to Iran; or

[[Page 7232]]

       (2) Iran has completely, verifiably, and irreversibly 
     dismantled all nuclear enrichment-related and reprocessing-
     related programs.
       (d) Termination of Policies.--The policies described in 
     subsection (b) shall remain in effect until such time as the 
     President makes the certification to Congress described in 
     subsection (c).

     SEC. 7. ECONOMIC SANCTIONS RELATING TO IRAN.

       (a) In General.--Notwithstanding any other provision of 
     law, and in addition to any other sanction in effect, 
     beginning on the date that is 15 days after the date of the 
     enactment of this Act, the economic sanctions described in 
     subsection (b) shall apply with respect to Iran, unless the 
     President makes a certification to Congress described in 
     subsection (c).
       (b) Sanctions.--The sanctions described in this subsection 
     are the following:
       (1) Prohibition on imports.--No article that is grown, 
     produced, or manufactured in Iran may be imported directly or 
     indirectly into the United States.
       (2) Prohibition on exports.--
       (A) In general.--Except as provided in subparagraph (B), no 
     article that is the growth, product, or manufacture of the 
     United States may be exported directly or indirectly to Iran.
       (B) Exception for food and medicine.--The prohibition in 
     subparagraph (A) does not apply to exports to Iran of food 
     and medicine grown, produced, or manufactured in the United 
     States.
       (3) Accession to wto.--The United States Trade 
     Representative or any other Federal official may not take any 
     action that would extend preferential trade treatment to, or 
     lead to the accession to the World Trade Organization of--
       (A) Iran; or
       (B) any other country that is determined by the Secretary 
     of State to be--
       (i) engaged in nuclear cooperation with Iran, including the 
     transfer or sale of any item, material, goods, or technology 
     that can contribute to uranium enrichment or nuclear 
     reprocessing activities of Iran; or
       (ii) contributing to the ballistic missile programs of 
     Iran.
       (4) Freezing assets.--
       (A) In general.--At such time as the United States has 
     access to the names of Iranian diplomats and representatives 
     of other government and military or quasi-governmental 
     institutions of Iran, the President shall take such action as 
     may be necessary to freeze immediately the funds and other 
     assets belonging to anyone so named, the family members of 
     those so named, and any associates of those so named to whom 
     assets or property of those so named were transferred on or 
     after January 1, 2007. The action described in the preceding 
     sentence includes requiring any United States financial 
     institution that holds funds and assets of a person so named 
     to report promptly to the Office of Foreign Assets Control 
     information regarding such funds and assets.
       (B) Asset reporting requirement.--Not later than 14 days 
     after a decision is made to freeze the property or assets of 
     any person under this paragraph, the President shall report 
     the name of such person to the appropriate congressional 
     committees.
       (5) United states government contracts.--The United States 
     Government may not procure, or enter into a contract for the 
     procurement of, any goods or services from a person that 
     meets the criteria for the imposition of sanctions under 
     section 5(a) of the Iran Sanctions Act of 1996 (Public Law 
     104-172; 50 U.S.C. 1701 note).
       (c) Certification Described.--The certification described 
     in this subsection means a certification made by the 
     President to Congress beginning on the date that is 15 days 
     after the date of the enactment of this Act that the 
     President has determined that Iran has completely, 
     verifiably, and irreversibly dismantled all nuclear 
     enrichment-related and reprocessing-related programs.
       (d) Termination of Sanctions.--The sanctions described in 
     subsection (b) shall remain in effect until such time as the 
     President makes the certification to Congress described in 
     subsection (c).

     SEC. 8. LIABILITY OF PARENT COMPANIES FOR VIOLATIONS OF 
                   SANCTIONS BY FOREIGN ENTITIES.

       (a) In General.--In any case in which an entity engages in 
     an act outside the United States that, if committed in the 
     United States or by a United States person, would violate the 
     provisions of Executive Order 12959 (60 Fed. Reg. 89) or 
     Executive Order 13059 (62 Fed. Reg. 162), or any other 
     prohibition on transactions with respect to Iran imposed 
     under the authority of the International Emergency Economic 
     Powers Act (50 U.S.C. 1701 et seq.), the parent company of 
     the entity shall be subject to the penalties for the act to 
     the same extent as if the parent company had engaged in the 
     act.
       (b) Applicability.--Subsection (a) shall not apply to a 
     parent company of an entity on which the President imposed a 
     penalty for a violation described in subsection (a) that was 
     in effect on the date of the enactment of this Act if the 
     parent company divests or terminates its business with such 
     entity not later than 90 days after such date of enactment.
       (c) Definitions.--In this section:
       (1) Entity.--The term ``entity'' means a partnership, 
     association, trust, joint venture, corporation, or other 
     organization.
       (2) Parent company.--The term ``parent company'' means an 
     entity that is a United States person and--
       (A) the entity owns, directly or indirectly, more than 50 
     percent of the equity interest by vote or value in another 
     entity;
       (B) board members or employees of the entity hold a 
     majority of board seats of another entity; or
       (C) the entity otherwise controls or is able to control the 
     actions, policies, or personnel decisions of another entity.
       (3) United states person.--The term ``United States 
     person'' means--
       (A) a natural person who is a citizen of the United States 
     or who owes permanent allegiance to the United States; and
       (B) an entity that is organized under the laws of the 
     United States, any State or territory thereof, or the 
     District of Columbia, if natural persons described in 
     subparagraph (A) own, directly or indirectly, more than 50 
     percent of the outstanding capital stock or other beneficial 
     interest in such entity.

     SEC. 9. ELIMINATION OF CERTAIN TAX INCENTIVES FOR OIL 
                   COMPANIES INVESTING IN IRAN.

       (a) In General.--Subsection (h) of section 167 of the 
     Internal Revenue Code of 1986 (relating to amortization of 
     geological and geophysical expenditures) is amended by adding 
     at the end the following new paragraph:
       ``(6) Denial when iran sanctions in effect.--
       ``(A) In general.--If sanctions are imposed under section 
     5(a) of the Iran Sanctions Act of 1996 or section 7 of the 
     Iran Counter-Proliferation Act of 2007 (relating to sanctions 
     with respect to the development of petroleum resources of 
     Iran) on any member of an expanded affiliated group the 
     common parent of which is a foreign corporation, paragraph 
     (1) shall not apply to any expense paid or incurred by any 
     such member in any period during which the sanctions are in 
     effect.
       ``(B) Expanded affiliated group.--For purposes of 
     subparagraph (A), the term `expanded affiliated group' means 
     an affiliated group as defined in section 1504(a), 
     determined--
       ``(i) by substituting `more than 50 percent' for `at least 
     80 percent' each place it appears, and
       ``(ii) without regard to paragraphs (2), (3), and (4) of 
     section 1504(b).''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to expenses paid or incurred on or after January 
     1, 2007.

     SEC. 10. WORLD BANK LOANS TO IRAN.

       (a) Report.--Not later than 180 days after the date of the 
     enactment of this Act, and every 180 days thereafter, the 
     Secretary of the Treasury shall submit to the appropriate 
     congressional committees a report on--
       (1) the number of loans provided by the World Bank to Iran;
       (2) the dollar amount of such loans; and
       (3) the voting record of each member of the World Bank on 
     such loans.
       (b) Reduction of Contribution of the United States.--The 
     President shall reduce the total amount otherwise payable on 
     behalf of the United States to the World Bank for fiscal year 
     2008 and each fiscal year thereafter by an amount that bears 
     the same ratio to the total amount otherwise payable as--
       (1) the total of the amounts provided by the Bank to 
     entities in Iran, and for projects and activities in Iran, in 
     the preceding fiscal year, bears to
       (2) the total of the amounts provided by the Bank to all 
     entities, and for all projects and activities, in the 
     preceding fiscal year.
       (c) Allocation of Amounts Not Contributed to the World 
     Bank.--There is authorized to be appropriated to the United 
     States Agency for International Development for fiscal year 
     2008 and each fiscal year thereafter an amount equal to the 
     revenues made available as a result of the application of 
     subsection (b). Funds appropriated pursuant to this 
     subsection shall be made available for the Child Survival and 
     Health Programs Fund to carry out programs relating to 
     maternal and child health, vulnerable children, and 
     infectious diseases other than HIV/AIDS.

     SEC. 11. INCREASED CAPACITY FOR EFFORTS TO COMBAT UNLAWFUL OR 
                   TERRORIST FINANCING.

       (a) Findings.--The work of the Office of Terrorism and 
     Financial Intelligence of the Department of Treasury, which 
     includes the Office of Foreign Assets Control and the 
     Financial Crimes Enforcement Center, is critical to ensuring 
     that the international financial system is not used for 
     purposes of supporting terrorism and developing weapons of 
     mass destruction.
       (b) Authorization.--There is authorized to be appropriated 
     to the Secretary of the Treasury for the Office of Terrorism 
     and Financial Intelligence--
       (1) $59,466,000 for fiscal year 2008; and
       (2) such sums as may be necessary for each of the fiscal 
     years 2009 and 2010.
       (c) Authorization Amendment.--Section 310(d)(1) of title 
     31, United States Code, is amended by striking ``such sums as 
     may be necessary for fiscal years 2002, 2003, 2004, and 
     2005'' and inserting ``$85,844,000 for fiscal year

[[Page 7233]]

     2008 and such sums as may be necessary for each of the fiscal 
     years 2009 and 2010''.

     SEC. 12. NATIONAL INTELLIGENCE ESTIMATE ON IRAN.

       As required under section 1213 of the John Warner National 
     Defense Authorization Act for Fiscal Year 2007 (Public Law 
     109-364; 120 Stat. 2422), the Director of National 
     Intelligence shall submit to Congress an updated, 
     comprehensive National Intelligence Estimate on Iran.

     SEC. 13. EXCHANGE PROGRAMS WITH THE PEOPLE OF IRAN.

       (a) Sense of Congress.--It is the sense of Congress that 
     the United States should seek to enhance its friendship with 
     the people of Iran, particularly by identifying young people 
     of Iran to come to the United States under United States 
     exchange programs.
       (b) Exchange Programs Authorized.--The President is 
     authorized to carry out exchange programs with the people of 
     Iran, particularly the young people of Iran. Such programs 
     shall be carried out to the extent practicable in a manner 
     consistent with the eligibility for assistance requirements 
     specified in section 302(b) of the Iran Freedom Support Act 
     (Public Law 109-293; 120 Stat. 1348).
       (c) Authorization.--Of the amounts available under the 
     heading ``Educational and Cultural Exchange Programs'', under 
     the heading ``Administration of Foreign Affairs'', under 
     title IV of the Science, State, Justice, Commerce, and 
     Related Agencies Appropriations Act, 2006 (Public Law 109-
     108; 119 Stat. 2321), there is authorized to be appropriated 
     to the President to carry out this section $10,000,000 for 
     fiscal year 2008.

     SEC. 14. RADIO BROADCASTING TO IRAN.

       The Broadcasting Board of Governors shall devote a greater 
     proportion of the programming of the Radio Farda service to 
     programs offering news and analysis to further the open 
     communication of information and ideas to Iran.

     SEC. 15. INTERNATIONAL REGIME FOR THE ASSURED SUPPLY OF 
                   NUCLEAR FUEL FOR PEACEFUL MEANS.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the Concept for a Multilateral Mechanism for Reliable 
     Access to Nuclear Fuel, proposed by the United States, 
     France, the Russian Federation, the Federal Republic of 
     Germany, the United Kingdom, and the Netherlands on May 31, 
     2006, is welcome and should be expanded upon at the earliest 
     possible opportunity;
       (2) the proposal by the Government of the Russian 
     Federation to bring one of its uranium enrichment facilities 
     under international management and oversight is also a 
     welcome development and should be encouraged by the United 
     States;
       (3) the offer by the Nuclear Threat Initiative (NTI) of 
     $50,000,000 in funds to support the creation of an 
     international nuclear fuel bank by the International Atomic 
     Energy Agency (IAEA) is also welcome, and the United States 
     and other member states of the IAEA should pledge 
     collectively at least an additional $100,000,000 in matching 
     funds to fulfill the NTI proposal; and
       (4) the Global Nuclear Energy Partnership, initiated by 
     President Bush in January 2006, is intended to provide a 
     reliable fuel supply throughout the fuel cycle and promote 
     the nonproliferation goals of the United States.
       (b) Policy.--It is the policy of the United States to 
     support the establishment of an international regime for the 
     assured supply of nuclear fuel for peaceful means under a 
     multilateral authority, such as the International Atomic 
     Energy Agency.
       (c) Contributions to IAEA.--
       (1) In general.--Subject to the requirements of paragraph 
     (2), the President is authorized to make voluntary 
     contributions on a grant basis to the International Atomic 
     Energy Agency (referred to in this subsection as the 
     ``IAEA'') for the purpose of supporting the establishment of 
     an international nuclear fuel bank to maintain a reserve of 
     low-enriched uranium for the production of reactor fuel to 
     provide to eligible countries in the case of a disruption in 
     the supply of reactor fuel by normal market mechanisms.
       (2) Requirements for contributions.--Before making a 
     contribution under paragraph (1), the President shall certify 
     to the Committee on Foreign Affairs of the House of 
     Representatives and the Committee on Foreign Relations of the 
     Senate that--
       (A) the IAEA has received pledges in a total amount of not 
     less than $100,000,000 from other governments or entities for 
     the purpose of supporting the establishment of the 
     international nuclear fuel bank referred to in paragraph (1);
       (B) the international nuclear fuel bank referred to in 
     paragraph (1) will be under the oversight of the IAEA or 
     another multilateral authority; and
       (C) the international nuclear fuel bank will provide 
     nuclear reactor fuel to a country only if--
       (i) at the time of the request for nuclear reactor fuel, 
     the country is in full compliance with its IAEA safeguards 
     agreement and has an additional protocol for safeguards in 
     force;
       (ii) in the case of a country that at any time prior to the 
     request for nuclear reactor fuel has been determined to be in 
     noncompliance with its IAEA safeguards agreement, the IAEA 
     Board of Governors determines that the country has taken all 
     necessary actions to satisfy any concerns of the IAEA 
     Director General regarding the activities that led to the 
     prior determination of noncompliance;
       (iii) the country agrees to use the nuclear reactor fuel in 
     accordance with its IAEA safeguards agreement; and
       (iv) the country does not operate uranium enrichment or 
     spent-fuel reprocessing facilities of any scale.
       (3) Authorization of appropriations.--There is authorized 
     to be appropriated $50,000,000 to carry out this section for 
     fiscal year 2008. Amounts appropriated for this section are 
     authorized to remain available until September 30, 2010.

     SEC. 16. REPORTING REQUIREMENTS.

       (a) Foreign Investment in Iran.--Not later than 180 days 
     after the date of the enactment of this Act, and every 180 
     days thereafter, the Secretary of the Treasury shall submit 
     to the appropriate congressional committees a report on--
       (1) any foreign investments made in Iran's energy sector 
     since January 1, 2007; and
       (2) the determination of the President on whether each such 
     investment qualifies as a sanctionable offense under section 
     5(a) of the Iran Sanctions Act of 1996 (Public Law 104-172; 
     50 U.S.C. 1701 note).
       (b) Investment by United States Companies in Iran.--Not 
     later than 180 days after the date of the enactment of this 
     Act, and annually thereafter, the Secretary of the Treasury 
     shall report to the appropriate congressional committees the 
     names of persons that have operations or conduct business in 
     the United States that have invested in Iran and the dollar 
     amount of each such investment.
       (c) Investment by Federal Thrift Savings Plan in Iran.--Not 
     later than 180 days after the date of the enactment of this 
     Act, and annually thereafter, the Executive Director of the 
     Federal Retirement Thrift Investment Board shall report to 
     the appropriate congressional committees on any investment in 
     entities that invest in Iran from the Thrift Savings Fund 
     established under section 8437 of title 5, United States 
     Code.
       (d) List of Designated Foreign Terrorist Organizations.--
     Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of State and the Secretary of the 
     Treasury shall report to the appropriate congressional 
     committees on the efforts of the Secretary of State and the 
     Secretary of the Treasury to place the Iranian Revolutionary 
     Guards on the list of designated Foreign Terrorist 
     Organizations under section 219 of the Immigration and 
     Nationality Act (8 U.S.C. 1189) and the list of Specially 
     Designated Global Terrorists under Executive Order 13224 (66 
     Fed. Reg. 186; relating to blocking property and prohibiting 
     transactions with persons who commit, threaten to commit, or 
     support terrorism).
       (e) Establishment of International Regime.--Not later than 
     180 days after the date of the enactment of this Act, the 
     President shall submit to the Committee on Foreign Affairs of 
     the House of Representatives and the Committee on Foreign 
     Relations of the Senate a report on the activities of the 
     United States to support the establishment of an 
     international regime for the assured supply of nuclear fuel 
     for peaceful means under a multilateral authority, such as 
     the International Atomic Energy Agency.
       (f) Export Credits.--Not later than 90 days after the date 
     of the enactment of this Act, and every 90 days thereafter, 
     the Secretary of the Treasury shall report to the appropriate 
     congressional committees on the export credits issued by 
     foreign banks to persons investing in the energy sector of 
     Iran, and any fines, restrictions, or other actions taken by 
     the President to discourage or prevent the issuance of such 
     export credits.

  Mr. DURBIN. Mr. President, today, my colleagues, Senator Gordon 
Smith, Senator Frank Lautenberg, and I join together to introduce 
bipartisan legislation to use economic and diplomatic measures to help 
convince the Iranian Government to turn away from its path toward the 
development of nuclear weapons.
  The Iran Counter-Proliferation Act of 2007 would strengthen our 
economic sanctions regime against Iran until Iran completely, 
verifiably, and irreversibly dismantles all nuclear enrichment and 
reprocessing programs.
  The bill, for example, would penalize foreign oil companies with U.S. 
subsidiaries doing business in Iran and would forbid the awarding of 
U.S. Government contracts to those who have violated our existing 
sanctions against Iran.
  The bill reiterates the requirement to produce a National 
Intelligence Estimate on Iran mandated in last year's Defense 
Authorization bill.
  In addition to these measures, the bill addresses Russia's role in 
exporting nuclear and military technology to Iran.
  Nuclear cooperation agreements with Russia would be prohibited if 
that

[[Page 7234]]

country continues to assist Iran in developing nuclear weapons. The 
United States could not enter into such an agreement with Moscow, 
absent a Presidential certification that Russia's assistance to Iran 
has ceased.
  This week has brought some promising news. Undersecretary of State 
for Political Affairs Nicholas Burns testified before the Senate 
Banking Committee that Russia has begun applying pressure on Iran to 
abandon its nuclear ambitions. That is most welcome, and if the 
President provides the verification that Russia's nuclear assistance to 
Iran has ceased--and that this is a sea change and not merely a 
contract dispute--then our other negotiations with Russia can proceed 
unimpeded.
  I firmly believe that we should offer positive incentives if Iran 
does change course and abandon its programs to develop nuclear weapons. 
Iran has energy needs, and we hope that they will join us and the 
community of nations in the peaceful acquisition of those resources.
  This legislation authorizes $50 million to the International Atomic 
Energy Agency to support the establishment of an international nuclear 
fuel bank, a concept originally proposed by Congressman Tom Lantos. 
This bank would maintain a reserve of low-enriched uranium for reactor 
fuel and make it available to countries in full compliance with IAEA 
safeguards which do not operate uranium enrichment or spent-fuel 
reprocessing facilities. It is our hope that Iran will become one of 
these nations.
  Because members of the American public are our best ambassadors and 
America itself is the strongest evidence of the benefits of freedom and 
prosperity, this bill increases the authorization for funding for young 
Iranians to come to the United States as part of exchange programs.
  I support efforts to engage with Tehran's leaders regarding Iraq. 
They should recognize that they, too, have a vested interest in 
regional peace and security. This bill is aimed at an issue which we 
cannot compromise: the Iranian acquisition of nuclear weapons.
  Iran's leaders face a choice of whether to pursue a legitimate goal 
of peaceful nuclear power for their citizens or a dangerous strategy to 
develop nuclear weapons. We must provide the economic and political 
pressure as well as incentives to help Iran choose the path to 
legitimacy and nuclear nonproliferation. This legislation will help 
achieve that goal.
                                 ______
                                 
      By Mr. BOND (for himself and Mr. Harkin):
  S. 971. A bill to establish the National Institute of Food and 
Agriculture, to provide funding for the support of fundamental 
agricultural research of the highest quality, and for other purposes; 
to the Committee on Agriculture, Nutrition, and Forestry.
  Mr. BOND. Mr. President, I rise today to introduce legislation with 
Sen. Harkin to establish the National Institute of Food and Agriculture 
to support fundamental agricultural research of the highest quality. I 
present this to begin a critical discussion about how we are going to 
ensure the United States capitalizes on new technology to maximize the 
benefits and minimize the costs of our agricultural production.
  We remain the world leader in food and fiber production. We do it 
safely and through technology and the hard work of the American farmer. 
In the past half century, the number of people fed by a single U.S. 
farm has grown from 19 to 129. Our farmers and farm leaders are on the 
cutting edge of developing new technology. And we have seen the 
innovations continue to come down the pike. This has made it possible 
for one farmer to feed 129 people.
  In addition, we export $60 billion worth of agricultural products, 
and we do so at less cost and at less harm to the environment than any 
of our competitors around the world, again, because of new practices, 
diligence on the part of farmers, and new technology.
  In a world that has a decreasing amount of soil available for 
cultivation, we have a growing population and we still have 800 million 
children who are hungry or malnourished throughout the world. Unless we 
maximize technology and new practices, production will continue to 
overtax the world's natural resources.
  Many people legitimately have raised concerns regarding new diseases 
and pests and related food safety issues. And they are growing. The 
ability of U.S. agriculture producers to maintain our world leadership 
in this environment is only as solid as our willingness to commit to 
forward-looking investments.
  Now, we also know from past experience that with new technology the 
doors are being opened to novel new uses of renewable agricultural 
products in the fields of energy, medicine, and industrial products. In 
the future, we can make our farm fields and farm animals factories for 
everyday products, fuels, and medicines in a way that is efficient and 
better preserves our natural resources. Advances in the life sciences 
have come about, such as genetics, proteomics, and cell and molecular 
biology. They are providing the base for new and continuing 
agricultural innovations.
  It was only about a dozen years ago that farmers in Missouri came to 
me to tell me about the potential that genetic engineering and plant 
biotechnology had for improving the production of food, and doing so 
with less impact on the environment, providing more nutritious food. 
Since that time, I have had a wonderful, continuing education, not in 
how it works but what it can do.
  We know now, for example, that in hungry areas of the world as many 
as half a million children go blind from Vitamin A deficiency, and 
maybe a million die from this deficiency. Through plant biotechnology, 
the International Rice Research Institute in the Philippines and others 
have developed Golden Rice, taking a gene from the sunflower, a beta-
carotene gene, and they enrich the rice. The Golden Rice now has that 
Vitamin A, and that is going to make a significant difference in 
dealing with malnutrition.
  We also know that in many areas of the world, where agricultural 
production has overtaxed the land, where drought has cut the 
production, where virus has plagued production, the way we can make 
farmers self-sufficient and restore the farm economy in many of these 
countries, is through plant biotechnology. But this is just the 
beginning. This legislation I am introducing today seeks to lay the 
foundation for tremendous advances in the future.
  This legislation stems from findings and recommendations produced by 
a distinguished group of scientists working on the Agricultural 
Research, Economics and Education Task Force, which I was honored to be 
able to include in the 2002 farm bill. The distinguished task force was 
led by Dr. William H. Danforth, of St. Louis, the brother of our former 
distinguished colleague, Senator Jack Danforth. Dr. Bill Danforth has a 
tremendous reputation in science and in education, with a commitment to 
human welfare and is known worldwide. He was joined by Dr. Nancy Betts, 
the University of Nebraska; Mr. Michael Bryan, president of BBI 
International; Dr. Richard Coombe, the Watershed Agricultural Council; 
Dr. Victor Lechtenbert, Purdue University; Dr. Luis Sequeira, the 
University of Wisconsin; Dr. Robert Wideman, the University of 
Arkansas; and Dr. H. Alan Wood, Mississippi State University.
  I extend my congratulations and my sincere gratitude to Dr. Danforth 
and his team for providing the basis and the roadmap to ensure we have 
the mechanisms in place to solve the problems and capitalize on the 
opportunities in agricultural research. The full report of the task 
force can be found at www.ars.usda.gov/research.htm.
  In summary, that study concludes that it is absolutely necessary we 
reinvigorate and forward focus our technology to meet the 
responsibilities of our time. New investment is critical for the 
world's consumers, the protection of our natural resources, the 
standard of living for Americans who labor in rural America, and for 
the well-being of the hungry people and the needy people throughout the 
world.
  This legislation is supported by the some 22 Member and Associate 
Member

[[Page 7235]]

Societies of the Federation of American Societies for Experimental 
Biology, as well as the Institute of Food Technologists, American 
Society of Agronomy, Crop Science Society of America, Soil Science 
Society of America, the Council for Agricultural Research, the National 
Coalition for Food and Agricultural Research, the American Soybean 
Association, National Cattlemen's Beef Association, National Chicken 
Council, National Corn Growers Association, National Farmers Union, 
National Milk Producers Federation, National Pork Producers Council, 
National Turkey Federation, Association of American Veterinary Medical 
Colleges and the United Fresh Fruit and Vegetable Association.
  I look forward to pursuing this vision in the 110th Congress. I 
invite my colleagues who are interested in science and research to 
review this report, to look at this measure, to join with me and 
Senator Harkin to talk about moving forward on what I think will be a 
tremendous opportunity to improve agriculture and its benefits to all 
our populations.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                 S. 971

       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 ``National Institute of Food 
     and Agriculture Act of 2007''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) the task force established under section 7404 of the 
     Farm Security and Rural Investment Act of 2002 (7 U.S.C. 3101 
     note; 116 Stat. 457)--
       (A) conducted an exhaustive review of agricultural research 
     in the United States; and
       (B) evaluated the merits of establishing 1 or more national 
     institutes focused on disciplines important to the progress 
     of food and agricultural science;
       (2) according to findings and recommendations provided to 
     Congress by the task force--
       (A) agriculture in the United States faces critical 
     challenges, including impending crises in the food, 
     agricultural, and natural resource systems of the United 
     States;
       (B) exotic diseases and pests threaten crops and livestock;
       (C) the United States faces a public health epidemic due to 
     the increasing number of overweight and obese Americans;
       (D) agriculturally-related environmental degradation is a 
     serious problem for the United States and other parts of the 
     world;
       (E) certain animal diseases threaten human health; and
       (F) agricultural producers in the United States of several 
     primary crops are no longer the world's lowest-cost 
     producers;
       (3) to meet those critical challenges, it is essential that 
     the United States ensure that the agricultural innovation 
     that has been so successful in the past continues in the 
     future;
       (4) agricultural innovation has resulted in hybrid and 
     higher-yielding varieties of basic crops and enhanced the 
     global food supply by increasing yields on existing acres;
       (5) since 1960, the global population has tripled, but 
     there has been no net increase in the quantity of land in the 
     United States under cultivation;
       (6) as of the date of enactment of this Act, only 1.5 
     percent of the population of the United States provides food 
     and fiber to partially supply the needs of the United States;
       (7)(A) agriculture, fundamental agricultural research, and 
     fundamental sciences play a major role in maintaining the 
     health and welfare of all people of the United States and 
     maintaining the land and water of the United States; and
       (B) that role must be expanded;
       (8) research that leads to understandings of the ways in 
     which cells and organisms function is critical to continued 
     innovation in agriculture in the United States;
       (9) future innovations developed as a result of those 
     understandings are dependent on fundamental scientific 
     research and would be enhanced by ideas and technologies from 
     other fields of science and research;
       (10) opportunities to advance fundamental knowledge of 
     benefit to agriculture in the United States have never been 
     greater;
       (11) many of those new opportunities are the result of 
     amazing progress in the life sciences during recent decades, 
     attributable in large part to the provision made by the 
     Federal Government through the National Institutes of Health 
     and the National Science Foundation;
       (12) new technologies and new concepts have expedited 
     advances in the fields of genetics, cell and molecular 
     biology, and proteomics;
       (13) much of that scientific knowledge is ready to be used 
     in agriculture and food sciences through a sustained, 
     disciplined research effort at an institute dedicated to 
     conducting that research;
       (14) publicly-sponsored research is essential to continued 
     agricultural innovation--
       (A) to mitigate or harmonize the long-term effects of 
     agriculture on the environment;
       (B) to enhance the long-term sustainability of agriculture; 
     and
       (C) to improve the public health and welfare;
       (15) competitive, peer-reviewed fundamental agricultural 
     research is best suited to promoting the research from which 
     breakthrough innovations that agriculture and society require 
     will come;
       (16) it is in the national interest to dedicate additional 
     funds on a long-term, ongoing basis to an institute dedicated 
     to funding competitive, peer-reviewed grant programs that 
     support and promote the highest caliber of fundamental 
     agricultural research;
       (17) the capability of the United States to be 
     internationally competitive in agriculture is threatened by 
     inadequate investment in research;
       (18) to be successful over the long term, grant-receiving 
     institutions must be adequately reimbursed for costs of 
     conducting agricultural research if the institutions are to 
     pursue that kind of research; and
       (19) to meet those challenges, address those needs, and to 
     provide for vitally needed agricultural innovation, it is in 
     the national interest to provide sufficient Federal funds 
     over the long term to fund a significant program of 
     fundamental agricultural research through an independent 
     national institute.
       (b) Purpose.--The purpose of this Act is to establish a 
     national institute--
       (1) to ensure that the technological superiority of 
     agriculture in the United States effectively serves the 
     people of the United States in the coming decades; and
       (2) to support and promote fundamental agricultural 
     research of the highest caliber to achieve the goals of--
       (A) increasing the international competitiveness of 
     agriculture in the United States;
       (B) developing foods and expanding knowledge to improve 
     diet, nutrition, and health, and to combat obesity;
       (C) decreasing the dependence of the United States on 
     foreign sources of petroleum by--
       (i) developing biobased fuels and products;
       (ii) enhancing methods of production at biobased fuels 
     refineries;
       (iii) reducing energy consumption at biobased fuel 
     refineries; and
       (iv) increasing the use of coproducts of biobased fuels 
     production;
       (D) creating new and more useful products from plants and 
     animals;
       (E) improving food safety to reduce the incidence of 
     foodborne illness in the United States;
       (F) improving food security by protecting plants and 
     animals in the United States from insects, diseases, and the 
     threat of bioterrorism;
       (G) enhancing agricultural sustainability;
       (H) improving the environment;
       (I) strengthening the economies of rural communities in the 
     United States;
       (J) improving farm profitability and the viability and 
     competitiveness of small and moderate-sized farms;
       (K) strengthening national security by improving the 
     agricultural productivity of subsistence farmers in 
     developing countries to combat hunger and the political 
     instability that hunger produces;
       (L) assisting in modernizing and revitalizing the 
     agricultural research facilities of the United States at 
     institutions of higher education, independent, nonprofit 
     research institutions, and consortia of those institutions, 
     through capital investment; and
       (M) achieving such other goals, and meeting such other 
     needs, as the Secretary or the Institute determines to be 
     appropriate.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Council.--The term ``Council'' means the Standing 
     Council of Advisors established by section 4(d)(1).
       (2) Department.--The term ``Department'' means the 
     Department of Agriculture.
       (3) Director.--The term ``Director'' means the Director of 
     the Institute.
       (4) Fundamental agricultural research; fundamental 
     science.--The terms ``fundamental agricultural research'' and 
     ``fundamental science'' mean research or science that, as 
     determined by the Secretary--
       (A) advances the frontiers of knowledge so as to lead to 
     practical results or to further scientific discovery; and
       (B) has an effect on agriculture, food, human health, or 
     another purpose of this Act as described in section 2(b).
       (5) Institute.--The term ``Institute'' means the National 
     Institute of Food and Agriculture established by section 
     4(a).
       (6) Multidisciplinary grant.--The term ``multidisciplinary 
     grant'' means a grant provided to 2 or more collaborating 
     investigators to carry out coordinated, multidisciplinary 
     research programs involving multiple disciplines that has 
     been approved by the Institute.
       (7) Project grant.--The term ``project grant'' means a 
     grant provided to 1 or more

[[Page 7236]]

     principal investigators to conduct research that has been 
     approved by the Institute.
       (8) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (9) State.--The term ``State'' means--
       (A) each of the several States of the United States;
       (B) the District of Columbia;
       (C) the Commonwealth of Puerto Rico;
       (D) Guam;
       (E) American Samoa;
       (F) the Commonwealth of the Northern Mariana Islands;
       (G) the Federated States of Micronesia;
       (H) the Republic of the Marshall Islands;
       (I) the Republic of Palau; and
       (J) the United States Virgin Islands.
       (10) United states.--The term ``United States'', when used 
     in a geographical sense, means all of the States.

     SEC. 4. ESTABLISHMENT; COMPOSITION.

       (a) Establishment.--There is established within the 
     Department an agency to be known as the ``National Institute 
     of Food and Agriculture''.
       (b) Location.--The location of the Institute shall be 
     determined by the Secretary.
       (c) Composition.--The Institute shall be composed of the 
     Council (including committees and offices established under 
     section 5) and the Director.
       (d) Standing Council of Advisors.--
       (1) Establishment.--There is established a Standing Council 
     of Advisors.
       (2) Composition.--The Council shall be composed of 25 
     members, including--
       (A) the Director; and
       (B) 24 members appointed by the Secretary, with the 
     concurrence of the Director, of whom--
       (i) 12 members shall be highly-qualified scientists who, as 
     determined by the Secretary--

       (I) are not employees of the Federal Government;
       (II)(aa) have expertise in the fields of agricultural 
     research, science, food and nutrition, or related appropriate 
     fields; and
       (bb) represent a diversity of those fields;
       (III) are appropriate for membership on the Council solely 
     on the basis of established records of distinguished service; 
     and
       (IV) collectively represent the views of agricultural 
     research and scientific leaders in all regions of the United 
     States; and

       (ii) 12 stakeholders shall be distinguished members of the 
     public, as determined by the Secretary, including--

       (I) representatives of agricultural organizations and 
     industry; and
       (II) individuals with expertise in the environment, 
     subsistence agriculture, energy, food and nutrition, and 
     human health and disease.

       (3) Term.--The members of the Council shall serve 
     staggered, 4-year terms, as determined by the Secretary.
       (4) Meetings.--The Council shall meet at the call of the 
     Director and the Secretary, but not less often than annually.
       (5) Chairperson and vice chairperson.--The Council shall 
     elect a Chairperson and Vice Chairperson from among the 
     members of the Council.
       (6) Duties.--The Council shall--
       (A) assist the Director in--
       (i) establishing research priorities of the Institute; and
       (ii) reviewing, judging, and maintaining the relevance of 
     the programs of the Institute;
       (B) review all proposals approved by the scientific 
     committees established under section 5(a)(1) to ensure, to 
     the maximum extent practicable, that the purposes of this Act 
     are being met; and
       (C) through the meetings described in paragraph (4), 
     provide an interface between scientists and stakeholders to 
     ensure, to the maximum extent practicable, that the Institute 
     is coordinating national goals with realistic scientific 
     opportunities.
       (e) Director.--
       (1) In general.--The Institute shall be headed by a 
     Director, who shall be an individual who is--
       (A) a distinguished scientist; and
       (B) appointed by the President (after taking into 
     consideration recommendations provided by the Council), by 
     and with the advice and consent of the Senate.
       (2) Term.--The Director shall serve for a single, 6-year 
     term.
       (3) Compensation.--The Director shall receive basic pay at 
     the rate provided for level II of the Executive Schedule 
     under section 5513 of title 5, United States Code.
       (4) Supervision.--The Director shall report directly to the 
     Secretary.
       (5) Authority and responsibilities of director.--
       (A) In general.--Except as otherwise specifically provided 
     in this Act, the Director shall--
       (i) exercise all of the authority provided to the Institute 
     by this Act (including any powers and functions delegated to 
     the Director by the Council);
       (ii) in consultation with the Council, formulate programs 
     in accordance with policies adopted by the Institute;
       (iii) establish committees and offices within the Institute 
     in accordance with section 5;
       (iv) establish procedures for the peer review of research 
     funded by the Institute;
       (v) establish procedures for the provision and 
     administration of grants by the Institute in accordance with 
     this Act;
       (vi) assess the personnel needs of agricultural research in 
     the areas supported by the Institute, and, if determined to 
     be appropriate by the Director or the Secretary, for other 
     areas of food and agricultural research; and
       (vii) cooperate with the Council to plan programs that will 
     help meet agricultural personnel needs in the future, 
     including portable fellowship and training programs in 
     fundamental agricultural research and fundamental science.
       (B) Finality of actions.--An action taken by the Director 
     in accordance with this Act (or in accordance with the terms 
     of a delegation of authority from the Council) shall be final 
     and binding upon the Institute.
       (C) Delegation and redelegation of functions.--
       (i) In general.--Except as provided in clauses (ii) and 
     (iii), the Director may, from time to time and as the 
     Director considers to be appropriate, authorize the 
     performance by any other officer, agency, or employee of the 
     Institute of any of the functions of the Director under this 
     Act, including functions delegated to the Director by the 
     Council.
       (ii) Policymaking functions.--The Director may not 
     redelegate policymaking functions delegated to the Director 
     by the Council.
       (iii) Contracts, grants, and other arrangements.--The 
     Director may enter into contracts and other arrangements, and 
     provide grants, in accordance with this Act--

       (I) only with the prior approval of the Council or under 
     authority delegated by the Council; and
       (II) subject to such conditions as the Council may specify.

       (iv) Reporting.--The Director shall promptly report each 
     contract or other arrangement entered into, each grant 
     awarded, and each other action of the Director taken, under 
     clause (iii) to the Committee on Agriculture, Nutrition, and 
     Forestry of the Senate and the Committee on Agriculture of 
     the House of Representatives.
       (6) Status on council.--
       (A) In general.--The Director shall be an ex officio member 
     of the Council.
       (B) Compensation and tenure.--Except with respect to 
     compensation and tenure, the service of the Director on the 
     Council shall be coordinated with the service of other 
     members of the Council.
       (C) Voting; election.--The Director shall be--
       (i) a voting member of the Council; and
       (ii) eligible for election by the Council as Chairperson or 
     Vice Chairperson of the Council.
       (7) Staff.--
       (A) In general.--Subject to this paragraph, the Director 
     shall recruit and hire such senior staff and other personnel 
     as are necessary to assist the Director in carrying out this 
     Act.
       (B) Senior staff.--Each individual hired as senior staff of 
     the Director shall--
       (i) be a highly accomplished scientist, as determined by 
     the Director;
       (ii) be recruited from the active scientific community; and
       (iii) be appointed and serve on the basis of 4-year, 
     rotating appointments.
       (C) Temporary staff.--Staff hired by the Director under 
     this paragraph may include scientists and other technical and 
     professional personnel hired for limited terms, or on 
     temporary bases, including individuals on leave of absence 
     from academic, industrial, or research institutions to work 
     for the Institute.
       (D) Compensation.--
       (i) In general.--Except as provided in clause (ii), subject 
     to such policies as the Council shall periodically prescribe, 
     the Director may fix the compensation of staff hired under 
     this paragraph without regard to the provisions of chapter 51 
     and subchapter III of chapter 53 of title 5, United States 
     Code, relating to classification of positions and General 
     Schedule pay rates.
       (ii) Maximum rate of pay.--The rate of pay for an 
     individual hired under this paragraph shall not exceed the 
     rate payable for level V of the Executive Schedule under 
     section 5316 of title 5, United States Code.
       (8) Reporting and consultation.--The Director shall--
       (A) periodically report to the Secretary with respect to 
     activities carried out by the Institute; and
       (B) consult regularly with the Secretary to ensure, to the 
     maximum extent practicable, that--
       (i) research of the Institute is relevant to agriculture in 
     the United States and otherwise serves the national interest; 
     and
       (ii) the research of the Institute supplements and 
     enhances, and does not replace, research conducted or funded 
     by--

       (I) other agencies of the Department;
       (II) the National Science Foundation; or
       (III) the National Institutes of Health.

     SEC. 5. COMMITTEES AND OFFICES OF INSTITUTE.

       (a) Standing Scientific Committees.--
       (1) In general.--The Director may establish such number of 
     standing scientific committees within the Institute as the 
     Director determines to be appropriate.
       (2) Composition.--A standing scientific committee 
     established under paragraph (1)

[[Page 7237]]

     shall consist of such members of the Council appointed under 
     section 4(d)(2)(B)(i) as the Director may select.
       (3) Term.--Members of a standing scientific committee 
     established under paragraph (1) shall serve for staggered, 4-
     year terms, as determined by the Director.
       (4) Review of proposals.--
       (A) In general.--A standing scientific committee shall 
     apply rigorous merit review to research proposals received by 
     the Institute to ensure, to the maximum extent practicable, 
     that research funded by the Institute is scientifically of 
     high quality.
       (B) Determination of scientific merit.--A research proposal 
     received by the Institute and reviewed by a standing 
     scientific committee under subparagraph (A) shall be--
       (i) assigned a score based on the scientific merit of the 
     proposal, as determined by the standing scientific committee; 
     and
       (ii) if approved by the standing scientific committee, 
     forwarded, along with the score, to the Council for final 
     review.
       (C) Declination of proposals.--If the Council determines 
     that a research proposal forwarded under this paragraph does 
     not meet standards of scientific review established by a 
     standing scientific committee or any similar standard 
     established by the Director, the Council shall decline to 
     recommend the research proposal for funding by the Institute.
       (5) Ad hoc review members.--The Director may supplement a 
     standing scientific committee under this subsection with 1 or 
     more ad hoc reviewers in a case in which a research proposal 
     received by the Institute requires specialized knowledge not 
     represented on that or any other standing scientific 
     committee.
       (b) Offices.--
       (1) Office of advanced science and application.--
       (A) Establishment.--The Director shall establish within the 
     Institute an Office of Advanced Science and Application 
     (referred to in this paragraph as the ``Office'').
       (B) Duties.--The Office shall--
       (i) closely monitor national needs and advances in research 
     with the goal of identifying pressing problems for which 
     solutions are realistically achievable through research;
       (ii) coordinate creative talent from diverse disciplines to 
     bridge potential gaps between fundamental agricultural 
     research and high-priority, practical needs; and
       (iii) recommend to the Director ways in which existing 
     fundamental agricultural research may be applied to the most 
     urgent problems addressed by the Institute.
       (C) Staff.--
       (i) In general.--The Office shall employ a small, focused 
     staff of rotating experts in science and agriculture.
       (ii) Talent pool; term.--Primary staff of the Office--

       (I) shall be appointed from the ranks of active scientists; 
     and
       (II) shall serve terms of not to exceed 3 years.

       (D) Intensive study groups.--The Office shall--
       (i) focus primarily on the most urgent problems addressed 
     by the Institute; and
       (ii) assemble such intensive study groups as are necessary 
     to address those problems.
       (E) Reports.--The Office shall submit to the Director and 
     the Council periodic reports that--
       (i) describe the activities being carried out by the 
     Office; and
       (ii) recommended new research priorities for the Office, as 
     appropriate.
       (2) Office of scientific assessment and liaison.--
       (A) Establishment.--The Director shall establish within the 
     Institute an Office of Scientific Assessment and Liaison 
     (referred to in this paragraph as the ``Office'').
       (B) Duties.--The Office shall--
       (i) monitor the effectiveness of the scientific 
     expenditures by the Institute;
       (ii) oversee the coordination of research efforts of the 
     Institute with those of other programs;
       (iii) assess the effectiveness of programs of the Institute 
     by evaluating--

       (I) the quality of the science funded by the Institute, 
     using such tools as are readily available; and
       (II) the contributions of the Institute to the national 
     research effort, including ways in which the Institute 
     collaborates and cooperates with the Department and with 
     other Federal agencies; and

       (iv) encourage cooperative approaches among various 
     research agencies within the Federal Government.
       (3) Office of scientific personnel.--
       (A) Establishment.--The Director shall establish within the 
     Institute an Office of Scientific Personnel (referred to in 
     this paragraph as the ``Office'').
       (B) Duties.--The Office shall--
       (i) cooperate with scientific and agricultural experts to 
     assess--

       (I) the number of scientists in agriculture and related 
     fields in the United States; and
       (II) how many additional scientists in agriculture and 
     related fields are needed to meet the purposes of this Act; 
     and

       (ii) generate and maintain data that may assist the 
     Director and the Council in planning appropriate Institute 
     fellowship and training programs.
       (4) Additional offices.--The Director may establish such 
     additional offices within the Institute as the Director or 
     the Council determines to be necessary to carry out the 
     duties of the Institute under this Act.

     SEC. 6. DUTIES.

       (a) In General.--The Institute shall provide competitive, 
     peer-reviewed grants in accordance with section 8(b) to 
     support and promote the highest quality of fundamental 
     agricultural research, including grants to fund research 
     proposals submitted by--
       (1) individual scientists;
       (2) research centers composed of a single institution or 
     multiple institutions; and
       (3) other individuals and entities from the private and 
     public sectors, including researchers of the Department and 
     other Federal agencies.
       (b) Report to Congress.--Not later than December 31, 2008, 
     and biennially thereafter, the Institute shall submit to the 
     Secretary, the Committee on Agriculture, Nutrition, and 
     Forestry of the Senate, and the Committee on Agriculture of 
     the House of Representatives a comprehensive report that 
     describes the research funded and other activities carried 
     out by the Institute during the period covered by the report.

     SEC. 7. POWERS.

       (a) In General.--The Institute shall have such authority as 
     is necessary to carry out this Act, including the authority--
       (1) to promulgate such regulations as the Institute 
     considers to be necessary for governance of operations, 
     organization, and personnel;
       (2) to make such expenditures as are necessary to carry out 
     this Act;
       (3) to enter into contracts or other arrangements, or 
     modifications of contracts or other arrangements--
       (A) to provide for the conduct, by organizations or 
     individuals in the United States (including other agencies of 
     the Department, Federal agencies, and agencies of foreign 
     countries), of such fundamental agricultural research, 
     research relating to fundamental science, or related 
     activities as the Institute considers to be necessary to 
     carry out this Act; and
       (B) at the request of the Secretary, for the conduct of 
     such specific fundamental agricultural research as is in the 
     national interest or is otherwise of critical importance, as 
     determined by the Secretary, with the concurrence of the 
     Institute;
       (4) to make advance, progress, and other payments relating 
     to research and scientific activities without regard to 
     subsections (a) and (b) of section 3324 of title 31, United 
     States Code;
       (5) to acquire by purchase, lease, loan, gift, or 
     condemnation, and to hold and dispose of by grant, sale, 
     lease, or loan, real and personal property of all kinds 
     necessary for, or resulting from, the exercise of authority 
     under this Act;
       (6) to receive and use donated funds, if the funds are 
     donated without restriction other than that the funds be used 
     in furtherance of 1 or more of the purposes of the Institute;
       (7) to publish or arrange for the publication of research 
     and scientific information to further the full dissemination 
     of information of scientific value consistent with the 
     national interest, without regard to section 501 of title 44, 
     United States Code;
       (8)(A) to accept and use the services of voluntary and 
     uncompensated personnel; and
       (B) to provide such transportation and subsistence as are 
     authorized by section 5703 of title 5, United States Code, 
     for individuals serving without compensation;
       (9) to prescribe, with the approval of the Comptroller 
     General of the United States, the extent to which vouchers 
     for funds expended under contracts for scientific or 
     engineering research shall be subject to itemization or 
     substantiation prior to payment, without regard to the 
     limitations of other laws relating to the expenditure and 
     accounting of public funds;
       (10) to arrange with and reimburse the Secretary, and the 
     heads of other Federal agencies, for the performance of any 
     activity that the Institute is authorized to conduct; and
       (11) to enter into contracts, at the request of the 
     Secretary, for the carrying out of such specific agricultural 
     research as is in the national interest or otherwise of 
     critical importance, as determined by the Secretary, with the 
     consent of the Institute.
       (b) Transfer of Research Funds of Other Departments or 
     Agencies.--Funds available to the Secretary, or any other 
     department or agency of the Federal Government, for 
     agricultural or scientific research shall be--
       (1) available for transfer, with the approval of the 
     Secretary or the head of the other appropriate department or 
     agency involved, in whole or in part, to the Institute for 
     use in providing grants in accordance with the purposes for 
     which the funds were made available; and
       (2) if so transferred, expendable by the Institute for 
     those purposes.
       (c) Restriction on Activities.--The Institute--
       (1) shall be a grant-making entity only; and
       (2) shall not--
       (A) conduct fundamental agricultural research or research 
     relating to fundamental science; or

[[Page 7238]]

       (B) operate any laboratory or pilot facility.

     SEC. 8. BUDGET CONSIDERATIONS.

       (a) Budgetary Management Goals.--The Director, in 
     coordination with the Secretary, shall manage the budget of 
     the Institute to achieve the goals of--
       (1) providing sufficient funds over a period of time to 
     achieve the purposes of this Act;
       (2) fostering outstanding scientific talent, and directing 
     that talent toward work on issues relating to agriculture; 
     and
       (3) adequately reimbursing grant-receiving institutions for 
     costs to encourage the pursuit of agriculturally-related 
     research.
       (b) Budgetary Guidelines for Grants.--
       (1) In general.--To achieve the goals described in 
     subsection (a), the Institute shall, to the maximum extent 
     practicable, ensure that grants awarded for each fiscal year 
     comply with the guidelines described in paragraphs (2) and 
     (3).
       (2) Project grants.--With respect to project grants, to the 
     maximum extent practicable--
       (A) the Institute shall award approximately 1,000 new 
     project grants annually;
       (B) the average project grant amount, including overhead, 
     shall be approximately $225,000 for each fiscal year, as 
     adjusted in accordance with the Consumer Price Index for all-
     urban consumers, United States city average, as published by 
     the Bureau of Labor Statistics;
       (C) a project grant shall be provided for a maximum period 
     of 5 years, with an average award duration of 3.5 years;
       (D) the Institute shall require the recipients of a project 
     grant to submit appropriate reports on research carried out 
     using funds from the project grant; and
       (E) the Institute shall provide such number of training 
     project grants as the Director or the Institute determines to 
     be appropriate.
       (3) Multidisciplinary grants.--With respect to 
     multidisciplinary grants, to the maximum extent practicable--
       (A) for each of fiscal years 2008 through 2011, the 
     Institute shall provide 10 multidisciplinary grants;
       (B) for fiscal year 2012 and subsequent fiscal years, the 
     Institute shall provide multidisciplinary grants to fund not 
     fewer than 40 research centers, on the conditions that--
       (i) sufficient funds are available; and
       (ii) a sufficient number of qualified research proposals 
     are received;
       (C) the research centers provided multidisciplinary grants 
     may be composed of a single institution or multiple 
     institutions;
       (D) the average multidisciplinary grant amount, including 
     overhead, shall be approximately $3,000,000 for each fiscal 
     year, as adjusted in accordance with the Consumer Price Index 
     for all-urban consumers, United States city average, as 
     published by the Bureau of Labor Statistics;
       (E) a multidisciplinary grant shall be provided for a 
     maximum period of 5 years;
       (F) in the aggregate, multidisciplinary grants provided 
     under this paragraph for a fiscal year shall represent 
     approximately 15 percent of the total grants provided by the 
     Institute for the fiscal year, on the condition that a 
     sufficient number of qualified research proposals are 
     received for the fiscal year; and
       (G) merit review of the research proposal relating to the 
     multidisciplinary grant is conducted to ensure, to the 
     maximum extent practicable, that only quality research 
     proposals are funded.
       (c) Indirect Costs.--As part of a project grant or 
     multidisciplinary grant provided under this Act, the 
     Institute shall pay indirect costs of conducting research, 
     including the costs of overhead, to the recipient of the 
     grant at a rate that is not less than any standard negotiated 
     rate applicable to similar grants made by the National 
     Institutes of Health or the National Science Foundation, as 
     of the date of enactment of this Act, as determined by the 
     Secretary.

     SEC. 9. FUNDING.

       (a) In General.--Of the funds of the Commodity Credit 
     Corporation, the Secretary shall use to carry out this Act--
       (1) for fiscal year 2008, $245,000,000 for project grants, 
     of which not more than $20,000,000 shall be made available 
     for administrative expenses incurred by the Institute;
       (2) for fiscal year 2009, $515,000,000, of which--
       (A) not less than $450,000,000 shall be made available for 
     project grants;
       (B) not less than $30,000,000 shall be made available for 
     multidisciplinary grants; and
       (C) not more than $35,000,000 shall be available for 
     administrative expenses incurred by the Institute;
       (3) for fiscal year 2010, $780,000,000, of which--
       (A) not less than $675,000,000 shall be made available for 
     project grants;
       (B) not less than $60,000,000 shall be made available for 
     multidisciplinary grants; and
       (C) not more than $45,000,000 shall be made available for 
     administrative expenses incurred by the Institute;
       (4) for fiscal year 2011, $935,000,000, of which--
       (A) not less than $800,000,000 shall be made available for 
     project grants;
       (B) not less than $90,000,000 shall be made available for 
     multidisciplinary grants; and
       (C) not more than $45,000,000 shall be made available for 
     administrative expenses incurred by the Institute; and
       (5) for fiscal year 2012 and each fiscal year thereafter, 
     $966,000,000, of which--
       (A) not less than $800,000,000 shall be made available for 
     project grants;
       (B) not less than $120,000,000 shall be made available for 
     multidisciplinary grants; and
       (C) not more than $46,000,000 shall be made available for 
     administrative expenses incurred by the Institute.
       (b) Limitation.--For fiscal year 2012 and each subsequent 
     fiscal year, administrative expenses paid by the Institute 
     shall not exceed 5 percent of the total expenditures of the 
     Institute for the fiscal year.

  Mr. HARKIN. Mr. President, today, Senator Bond and I are introducing 
the National Institute of Food and Agriculture Act of 2007. The 2002 
farm bill created a Research, Education and Economics Task Force within 
the Department of Agriculture (USDA)to evaluate agricultural research. 
A key recommendation of this task force was to create a National 
Institute for Food and Agriculture (NIFA) within USDA in order to 
support fundamental food and agricultural research to ensure that 
American agriculture remains competitive now and in the future. This 
bill does exactly that. The NIFA would be a grant-making agency that 
funds food and agricultural research through a competitive, peer-
reviewed process. These funds would be in addition to, not as a 
substitute for, current research programs at USDA's Agricultural 
Research Service (ARS) and Cooperative State Research, Education, and 
Extension Service (CSREES).
  American agriculture must ensure that our Nation continues to produce 
safe and nutritious food for an increasing population.
  Other challenges include renewable energy production, rural 
development, food safety, nutrition and quality, and conserving the 
environment. The Senate Committee on Agriculture, Nutrition, and 
Forestry held a hearing on agricultural research on March 7 of this 
year, and it became clear to me that what we need in agricultural 
research is not only more resources, but also more competitive funding 
while at the same time, preserving the capacity funding necessary for 
intramural research, extension and education at USDA and at our land-
grant institutions. The NIFA Act of 2007 contains $3.4 billion of 
mandatory funding for the next 5 years to provide the food and 
agriculture sector with the innovation needed to confront these and 
other challenges facing American farmers and consumers of food and 
agriculture products now and in the future. Over a 10-year period, this 
legislation would provide for research a little over 1 percent of total 
mandatory funding at the Department of Agriculture. One percent is 
certainly a relatively modest investment given the public benefits of 
agricultural research, the results of which we reap every day as we 
consume a safe and affordable food supply, and as we look to increase 
farm-based renewable energy and biobased products. If we do not invest 
in research now, increased globalization and competition from foreign 
markets will become real threats to U.S. agriculture. I encourage my 
colleagues to join me in supporting the National Institute of Food and 
Agriculture Act of 2007.
                                 ______
                                 
      By Mr. LAUTENBERG (for himself, Mr. Kennedy, Mrs. Murray, Mr. 
        Schumer, Mrs. Boxer, Mr. Harkin, and Mr. Brown):
  S. 972. A bill to provide for the reduction of adolescent pregnancy, 
HIV rates, and other sexually transmitted diseases, and for other 
purposes; to the Committee on Health, Education, Labor, and Pensions.
  Mr. LAUTENBERG. Mr. President, I rise to introduce the Responsible 
Education About Life or ``REAL'' Act along with my cosponsors Senators 
Kennedy, Murray, Schumer, Boxer, and Harkin.
  The REAL Act aims to reduce adolescent pregnancy, HIV rates, and 
other sexually transmitted diseases, by providing Federal funds for 
comprehensive sex education in schools.
  Comprehensive sex education is medically accurate, age appropriate 
education that includes information about both contraception and 
abstinence. It is an approach that tells our kids the truth.
  The REAL act will help young people make smart choices and give them 
all

[[Page 7239]]

the information--not just the ``abstinence only'' side of the story.
  For years, taxpayer dollars have been flooded into unproven 
``abstinence-only'' programs--while no federal program is dedicated to 
comprehensive sex education.
  Under the Bush administration, Federal support for ``abstinence-
only'' education has expanded rapidly.
  The proof is in the numbers. In the last 4 years, the Federal 
government has spent over $680 million dollars on ``abstinence only'' 
programs. This year President Bush is asking for another $204 million 
dollars for ``abstinence only'' education despite little evidence that 
these programs actually work.
  Would you like to know how much money the government has devoted to 
comprehensive sex education programs over this same time? Zero dollars.
  Much of the taxpayer funds going to ``abstinence-only'' programs are 
essentially being wasted.
  After years of ``abstinence only'' programs, the United States still 
has the highest rates of teen pregnancy in the industrialized world and 
approximately 50 young Americans a day, an average of two an hour, are 
infected with HIV.
  We have tried denying young people information about contraception 
and STD prevention and now it is time to provide them with medically 
accurate comprehensive sex education.
  Comprehensive sex education simply works better.
  It is a fact that teenagers who receive sex education that includes 
discussion of contraception are more likely to delay sexual activity 
than those who receive abstinence-only education.
  The American public knows what works. Parents do not want sexual 
education programs limited to abstinence in schools. More than eight in 
10 Americans favor comprehensive sexuality education programs that 
include information about contraception over those that only promote 
abstinence.
  The stakes are high: of the 19 million cases of sexually transmitted 
diseases every year in the United States, almost half of them strike 
young people between the ages of 15 and 24.
  These aren't just numbers. These are our sons and daughters whose 
health and well-being are jeopardized when ideology comes before sound 
public policy.
  That is why we are introducing this legislation today. It's time for 
a more balanced approach; it's time to protect out kids, and it's time 
to get REAL.
  The REAL Act is step in a more effective direction. It brings sex 
education up-to-date in a way that will reflect the serious issues and 
real life situations millions of young people find themselves in every 
year.
  Young people have a right to accurate and complete information that 
could protect their health and even save their lives. I urge my 
colleagues to support the REAL Act and make it possible to give young 
people the tools to make safe and responsible decisions.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                 S. 972

       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 ``Responsible Education About 
     Life Act''.

     SEC. 2. FINDINGS.

       The Congress finds as follows:
       (1) The American Medical Association (``AMA''), the 
     American Nurses Association (``ANA''), the American Academy 
     of Pediatrics (``AAP''), the American College of 
     Obstetricians and Gynecologists (``ACOG''), the American 
     Public Health Association (``APHA''), and the Society of 
     Adolescent Medicine (``SAM'') support responsible sexuality 
     education that includes information about both abstinence and 
     contraception.
       (2) Recent scientific reports by the Institute of Medicine, 
     the American Medical Association, and the Office on National 
     AIDS Policy stress the need for sexuality education that 
     includes messages about abstinence and provides young people 
     with information about contraception for the prevention of 
     teen pregnancy, HIV/AIDS and other sexually transmitted 
     diseases (``STDs'').
       (3) Government-funded abstinence-only-until-marriage 
     programs are precluded from discussing contraception except 
     to talk about failure rates. An October 2006 report from the 
     Government Accountability Office concluded that the current 
     administration of abstinence-only-until-marriage programs by 
     the Department of Health and Human Services (``HHS'') fails 
     to require medical accuracy of the vast majority of funded 
     programs and that no regular monitoring of medical accuracy 
     is being carried out by HHS. The Government Accountability 
     Office also reported on the Department's total lack of 
     appropriate and customary measurements to determine if funded 
     programs are effective. In addition, a separate letter from 
     the Government Accountability Office in October 2006 to the 
     Secretary of Health and Human Services Michael Leavitt 
     contained a legal finding that the Department was in 
     violation of Federal law, in particular section 317P(c)(2) of 
     the Public Health Services Act (42 U.S.C. 247b-17(c)(2)), for 
     not requiring abstinence-only-until-marriage programs to 
     provide full and medically accurate information about the 
     effectiveness of condoms. The Department has argued that the 
     abstinence-only-until-marriage programs are exempt from the 
     law; however, the Government Accountability Office disagrees.
       (4) A 2006 statement from the American Public Health 
     Association (``APHA'') ``recognizes the importance of 
     abstinence education, but only as part of a comprehensive 
     sexuality education program . . . APHA calls for repealing 
     current federal funding for abstinence-only programs and 
     replacing it with funding for a new Federal program to 
     promote comprehensive sexuality education, combining 
     information about abstinence with age-appropriate sexuality 
     education.''.
       (5) The Society for Adolescent Medicine (``SAM'') in a 2006 
     position paper found the following: ``Efforts to promote 
     abstinence should be provided within health education 
     programs that provide adolescents with complete and accurate 
     information about sexual health, including information about 
     concepts of healthy sexuality, sexual orientation and 
     tolerance, personal responsibility, risks of HIV and other 
     STIs and unwanted pregnancy, access to reproductive health 
     care, and benefits and risks of condoms and other 
     contraceptive methods... Current funding for abstinence-only 
     programs should be replaced with funding for programs that 
     offer comprehensive, medically accurate sexuality 
     education''.
       (6) Research shows that teenagers who receive sexuality 
     education that includes discussion of contraception are more 
     likely than those who receive abstinence-only messages to 
     delay sexual activity and to use contraceptives when they do 
     become sexually active.
       (7) Comprehensive sexuality education programs respect the 
     diversity of values and beliefs represented in the community 
     and will complement and augment the sexuality education 
     children receive from their families.
       (8) The median age of puberty is 13 years and the average 
     age of marriage is over 26 years old. American teens need 
     access to full, complete, and medically and factually 
     accurate information regarding sexuality, including 
     contraception, STD/HIV prevention, and abstinence.
       (9) Although teen pregnancy rates are decreasing, the 
     United States has the highest teen pregnancy rate in the 
     industrialized world with between 750,000 and 850,000 teen 
     pregnancies each year. Between 75 and 90 percent of teen 
     pregnancies among 15- to 19-year olds are unintended.
       (10) A November 2006 study of declining pregnancy rates 
     among teens concluded that the reduction in teen pregnancy 
     between 1995 and 2002 is primarily the result of increased 
     use of contraceptives. As such, it is critically important 
     that teens receive accurate, unbiased information about 
     contraception.
       (11) More than eight out of ten Americans believe that 
     young people should have information about abstinence and 
     protecting themselves from unplanned pregnancies and sexually 
     transmitted diseases.
       (12) The United States has the highest rate of infection 
     with sexually transmitted diseases of any industrialized 
     country. In 2005, there were approximately 19,000,000 new 
     cases of sexually transmitted diseases, almost half of them 
     occurring in young people ages 15 to 24. According to the 
     Centers for Disease Control and Prevention, these sexually 
     transmitted diseases impose a tremendous economic burden with 
     direct medical costs as high as $14,100,000,000 per year.
       (13) Each year, teens in the United States contract an 
     estimated 9.1 million sexually transmitted infections. Each 
     year, one in four sexually active teens contracts a sexually 
     transmitted disease.
       (14) Nearly half of the 40,000 annual new cases of HIV 
     infections in the United States occur in youth ages 13 
     through 24. Approximately 50 young people a day, an average 
     of two young people every hour of every day, are infected 
     with HIV in the United States.
       (15) African-American and Latino youth have been 
     disproportionately affected by the HIV/AIDS epidemic. 
     Although African-American adolescents ages 13 through 19 
     represent only 15 percent of the adolescent population in the 
     United States, they accounted for 73 percent of new AIDS 
     cases reported among teens in 2004. Although Latinos ages 20 
     through 24 represent only 18 percent of the

[[Page 7240]]

     young adults in the United States, they accounted for 23 
     percent of the new AIDS cases in 2004.

     SEC. 3. ASSISTANCE TO REDUCE TEEN PREGNANCY, HIV/AIDS, AND 
                   OTHER SEXUALLY TRANSMITTED DISEASES AND TO 
                   SUPPORT HEALTHY ADOLESCENT DEVELOPMENT.

       (a) In General.--Each eligible State shall be entitled to 
     receive from the Secretary of Health and Human Services, for 
     each of the fiscal years 2008 through 2012, a grant to 
     conduct programs of family life education, including 
     education on both abstinence and contraception for the 
     prevention of teenage pregnancy and sexually transmitted 
     diseases, including HIV/AIDS.
       (b) Requirements for Family Life Programs.--For purposes of 
     this Act, a program of family life education is a program 
     that--
       (1) is age-appropriate and medically accurate;
       (2) does not teach or promote religion;
       (3) teaches that abstinence is the only sure way to avoid 
     pregnancy or sexually transmitted diseases;
       (4) stresses the value of abstinence while not ignoring 
     those young people who have had or are having sexual 
     intercourse;
       (5) provides information about the health benefits and side 
     effects of all contraceptives and barrier methods as a means 
     to prevent pregnancy;
       (6) provides information about the health benefits and side 
     effects of all contraceptives and barrier methods as a means 
     to reduce the risk of contracting sexually transmitted 
     diseases, including HIV/AIDS;
       (7) encourages family communication about sexuality between 
     parent and child;
       (8) teaches young people the skills to make responsible 
     decisions about sexuality, including how to avoid unwanted 
     verbal, physical, and sexual advances and how not to make 
     unwanted verbal, physical, and sexual advances; and
       (9) teaches young people how alcohol and drug use can 
     effect responsible decisionmaking.
       (c) Additional Activities.--In carrying out a program of 
     family life education, a State may expend a grant under 
     subsection (a) to carry out educational and motivational 
     activities that help young people--
       (1) gain knowledge about the physical, emotional, 
     biological, and hormonal changes of adolescence and 
     subsequent stages of human maturation;
       (2) develop the knowledge and skills necessary to ensure 
     and protect their sexual and reproductive health from 
     unintended pregnancy and sexually transmitted disease, 
     including HIV/AIDS throughout their lifespan;
       (3) gain knowledge about the specific involvement of and 
     male responsibility in sexual decisionmaking;
       (4) develop healthy attitudes and values about adolescent 
     growth and development, body image, gender roles, racial and 
     ethnic diversity, sexual orientation, and other subjects;
       (5) develop and practice healthy life skills including 
     goal-setting, decisionmaking, negotiation, communication, and 
     stress management;
       (6) promote self-esteem and positive interpersonal skills 
     focusing on relationship dynamics, including, but not limited 
     to, friendships, dating, romantic involvement, marriage and 
     family interactions; and
       (7) prepare for the adult world by focusing on educational 
     and career success, including developing skills for 
     employment preparation, job seeking, independent living, 
     financial self-sufficiency, and workplace productivity.

     SEC. 4. SENSE OF CONGRESS.

       It is the sense of Congress that while States are not 
     required to provide matching funds, they are encouraged to do 
     so.

     SEC. 5. EVALUATION OF PROGRAMS.

       (a) In General.--For the purpose of evaluating the 
     effectiveness of programs of family life education carried 
     out with a grant under section 3, evaluations of such program 
     shall be carried out in accordance with subsections (b) and 
     (c).
       (b) National Evaluation.--
       (1) In general.--The Secretary shall provide for a national 
     evaluation of a representative sample of programs of family 
     life education carried out with grants under section 3. A 
     condition for the receipt of such a grant is that the State 
     involved agree to cooperate with the evaluation. The purposes 
     of the national evaluation shall be the determination of--
       (A) the effectiveness of such programs in helping to delay 
     the initiation of sexual intercourse and other high-risk 
     behaviors;
       (B) the effectiveness of such programs in preventing 
     adolescent pregnancy;
       (C) the effectiveness of such programs in preventing 
     sexually transmitted disease, including HIV/AIDS;
       (D) the effectiveness of such programs in increasing 
     contraceptive knowledge and contraceptive behaviors when 
     sexual intercourse occurs; and
       (E) a list of best practices based upon essential 
     programmatic components of evaluated programs that have led 
     to success in subparagraphs (A) through (D).
       (2) Report.--A report providing the results of the national 
     evaluation under paragraph (1) shall be submitted to the 
     Congress not later than March 31, 2011, with an interim 
     report provided on a yearly basis at the end of each fiscal 
     year.
       (c) Individual State Evaluations.--
       (1) In general.--A condition for the receipt of a grant 
     under section 3 is that the State involved agree to provide 
     for the evaluation of the programs of family education 
     carried out with the grant in accordance with the following:
       (A) The evaluation will be conducted by an external, 
     independent entity.
       (B) The purposes of the evaluation will be the 
     determination of--
       (i) the effectiveness of such programs in helping to delay 
     the initiation of sexual intercourse and other high-risk 
     behaviors;
       (ii) the effectiveness of such programs in preventing 
     adolescent pregnancy;
       (iii) the effectiveness of such programs in preventing 
     sexually transmitted disease, including HIV/AIDS; and
       (iv) the effectiveness of such programs in increasing 
     contraceptive knowledge and contraceptive behaviors when 
     sexual intercourse occurs.
       (2) Use of grant.--A condition for the receipt of a grant 
     under section 3 is that the State involved agree that not 
     more than 10 percent of the grant will be expended for the 
     evaluation under paragraph (1).

     SEC. 6. DEFINITIONS.

       For purposes of this Act:
       (1) The term ``eligible State'' means a State that submits 
     to the Secretary an application for a grant under section 3 
     that 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 Act.
       (2) The term ``HIV/AIDS'' means the human immunodeficiency 
     virus, and includes acquired immune deficiency syndrome.
       (3) The term ``medically accurate'', with respect to 
     information, means information that is supported by research, 
     recognized as accurate and objective by leading medical, 
     psychological, psychiatric, and public health organizations 
     and agencies, and where relevant, published in peer review 
     journals.
       (4) The term ``Secretary'' means the Secretary of Health 
     and Human Services.

     SEC. 7. APPROPRIATIONS.

       (a) In General.--For the purpose of carrying out this Act, 
     there are authorized to be appropriated such sums as may be 
     necessary for each of the fiscal years 2008 through 2012.
       (b) Allocations.--Of the amounts appropriated under 
     subsection (a) for a fiscal year--
       (1) not more than 7 percent may be used for the 
     administrative expenses of the Secretary in carrying out this 
     Act for that fiscal year; and
       (2) not more than 10 percent may be used for the national 
     evaluation under section 5(b).
                                 ______
                                 
      By Mr. DORGAN (for himself, Mr. Grassley, Mr. Durbin, and Ms. 
        Collins):
  S. 973. A bill to amend the Mandatory Victims' Restitution Act to 
improve restitution for victims of crime, and for other purposes; to 
the Committee on the Judiciary.
  Mr. DORGAN. Mr. President, I am pleased today to be joined by 
Senators Grassley, Durbin and Collins in re-introducing the Restitution 
for Victims of Crime Act. This legislation will give Justice Department 
officials the tools they say are needed to help them do a better job of 
collecting court-ordered Federal restitution and fines. It is virtually 
identical to the bill we introduced in June of last year.
  Recent information from the Justice Department suggests the many 
victims of crime and their families continue to face a significant 
challenge in trying to recover a sense of emotional and financial 
security after a crime has been perpetrated against them.
  By law, victims of Federal crimes are generally entitled to ``full 
and timely restitution'' for losses from a convicted offender. 
Unfortunately new Justice Department data show that the amount of 
uncollected Federal criminal debt is still spiraling upward--jumping 
from some $41 billion in fiscal year 2005 to nearly $46 billion at the 
end of fiscal year 2006. This is a hike of some $5 billion in 
uncollected Federal criminal debt int he past fiscal year alone. 
Criminal debt ordered by Federal courts in North Dakota that remained 
uncollected at the end of fiscal year 2006 totaled $18.7 million, up 
almost $4 million from the preceding year.
  Crime victims should not have to worry if those in charge of 
collecting court-ordered restitution on their behalf are making every 
possible effort to do so. We believe that passing the Restitution for 
Victimis of Crime Act would greatly help Federal criminal justice 
officials in this task.
  Our bill includes provisions that will remove many existing 
impediments to

[[Page 7241]]

increased collections. It will also provide new tools to help Federal 
criminal justice officials prevent criminal defendants from spending or 
hiding their ill-gotten gains and other financial assets by setting up 
pre-conviction procedures for preserving assets for victims' 
restitution.
  I hope that my Senate colleagues will help us get the legislation 
enacted at the first available opportunity. This will send a clear and 
much-needed message to white collar and other criminals: if you commit 
a crime you will be held accountable and will not be allowed to benefit 
in any way from your criminal activity and ill-gotten gains. I also 
believe this bill will reassure many innocent victims of Federal crime 
that the justice system is working hard to recover court-ordered 
restitution that is owed to such victims.
  I understand that criminal debt collection can be a tough job. It may 
be impossible to collect the full amount of restitution owed to victims 
in some cases. Clearly criminal debt collections may be more difficult 
in cases where convicted criminals are in prison, ill-gotten gains are 
already gone or these criminals are without any other financial means 
to pay their full restitution.
  However, victims of crime in this country should expect Federal law 
enforcement officials tasked with collecting outstanding restitution to 
do a better job. At the very least, crime victims should not be 
concerned that their prospects for financial restitution are being 
diminished because criminal offenders are frittering away their ill-
gotten gains on lavish lifestyles and the like. But, as I have 
mentioned before, past Government Accountability Office (GAO) 
investigations rightly give many crime victims real reason to worry. 
GAO's work made clear that more financial assets could be recovered but 
for a failure of some criminal justice officials to make criminal debt 
collection a top priority.
  At my request, the GAO reviewed five white-collar financial fraud 
cases and concluded that the Justice Department's prospects were ``not 
good for collecting additional restitution from offenders'' owed to the 
victims--even though one or more of the criminal offenders involved had 
reported earning millions of dollars in income, having millions in net 
worth and/or were spending thousands of dollars monthly on 
entertainment and clothing prior to the judgments entered against them. 
In addition, the GAO found that certain offenders had taken expensive 
trips overseas, had fraudulently obtained millions of dollars in assets 
and converted those assets for personal use, had established businesses 
for their children, or held homes worth millions of dollars that were 
located in upscale neighborhoods. Despite all of this reported wealth, 
GAO found that only a small fraction of court-ordered restitution owed 
to victims had been collected.
  The legislation that Senator Grassley and I are re-introducing today 
is based on a comprehensive package of recommendations by the Justice 
Department that stem in large part from the work of the Task Force on 
Improving the Collection of Criminal Debt. Justice Department officials 
believe these changes will remove many of the current impediments to 
better debt collection.
  For example, Justice Department officials described a circumstance 
where they were prevented by a court from accessing $400,000 held in a 
criminal offender's 401(k) plan to pay a $4 million restitution debt to 
a victim because that court said the defendant was complying with a 
$250 minimum monthly payment plan and that payment schedule precluded 
any other enforcement actions. Our bill would remove impediments like 
this in the future.
  This legislation will address another major problem identified by the 
GAO for officials in charge of criminal debt collection; that is, many 
years can pass between the date a crime occurs and the date a court 
orders restitution. This gives criminal defendants ample opportunity to 
spend or hide their ill-gotten gains. Our bill sets up pre-conviction 
procedures for preserving assets for victims' restitution. These tools 
will help ensure that financial assets traceable to a crime are 
available when a court imposes a final restitution order on behalf of a 
victim. These tools are similar to those already used successfully in 
some States and by Federal officials in certain asset forfeiture cases.
  Key provisions of the bill would do the following:
  Clarify that court-ordered Federal criminal restitution is due 
immediately in full upon imposition, just like in civil cases and that 
any payment schedule ordered by a court is only a minimum obligation of 
a convicted offender.
  Allow Federal prosecutors to access financial information about a 
defendant in the possession of the U.S. Probation Office--without the 
need for a court order.
  Clarify that final restitution orders can be enforced by criminal 
justice officials through the Bureau of Prisons' Inmate Financial 
Responsibility Program.
  Ensure that if a court restricts the ability of criminal justice 
officials to enforce a financial judgment, the court must do so 
expressly for good cause on the record. Absent exceptional 
circumstances, the court must require a deposit, the posting of a bond 
or impose additional restraints upon the defendant from transferring or 
dissipating assets.
  Help ensure better recovery of restitution by requiring a court to 
enter a pre-conviction restraining order or injunction, require a 
satisfactory performance bond, or take other action necessary to 
preserve property that is traceable to the commission of a charged 
offense or to preserve other nonexempt assets if the court determines 
that it is in the interest of justice to do so.
  Under the bill, a criminal defendant is allowed to challenge a 
court's pre-judgment asset preservation order. For example, a defendant 
may challenge a post-indictment restraining order if he or she can show 
that there is no probable cause to justify the restraint or the order 
does not provide the accused with adequate resources for attorney fees 
or reasonable living expenses.
  Permit the Attorney General to commence a civil action under the 
Anti-Fraud Injunction Statute to enjoin a person who is committing or 
about to commit a Federal offense that may result in a restitution 
order; and permit a court to restrain the dissipation of assets in any 
case where it has power to enjoin the commission of a crime, not just 
banking or health care fraud as permitted under current law.
  Allow the United States under the Federal Debt Collections Procedure 
Act to use prejudgment remedies to preserve assets in criminal cases 
that are similar to those used in civil cases when it is needed to 
preserve a defendant's assets for restitution. Such remedies, including 
attachment, garnishment, and receivership, are not currently available 
in criminal cases because there is no enforceable debt prior to an 
offender's conviction and judgment.
  Clarify that a victim's attorney fees may be included in restitution 
orders, including cases where such fees are a foreseeable result from 
the commission of the crime, are incurred to help recover lost property 
or expended by a victim to defend against third-party lawsuits 
resulting from the defendant's crime.
  Allow courts at their discretion to order immediate restitution to 
those that have suffered economic losses or serious bodily injury or 
death as the result of environmental felonies. Under current law, 
courts can impose restitution in such cases as a condition of probation 
or supervised release but this means that many victims of environment 
crimes must wait for years to be compensated for their losses, if at 
all.
  The Restitution for Victims of Crime Act has previously been endorsed 
by a number of organizations concerned about the well-being of crime 
victims, including: The National Center for Victims of Crime, Mothers 
Against Drunk Driving, the National Organization for Victims Assistance 
(NOVA), the National Alliance to End Sexual Violence, Parents of 
Murdered Children, Inc., Justice Solutions, the National Network to End 
Domestic Violence, the

[[Page 7242]]

National Coalition Against Domestic Violence, and the National 
Association of VOCA Assistance Administrators (NAVAA). Most recently, 
the National Crime Victim Law Institute shared its support for our 
bill.
  Last year, United States Attorney Drew Wrigley in Fargo, North Dakota 
said this legislation ``represents important progress toward ensuring 
that victims of crime are one step closer to being made whole.''
  Senator Grassley and I look forward to working with these groups and 
others to move this bill forward in the legislative process. With the 
Justice Department's help, we can make criminal debt collection a top 
priority for all Federal criminal justice officials once again.
                                 ______
                                 
      By Ms. COLLINS (for herself, Mr. Bayh, Mr. Levin, Mr. Graham, Mr. 
        Cochran, Ms. Snowe, Mr. Harkin, Ms. Stabenow, Mr. Durbin, and 
        Mr. Schumer):
  S. 974. A bill to amend title VII of the Tariff Act of 1930 to 
provide that the provisions relating to countervailing duties apply to 
nonmarket economy countries, and for other purposes; to the Committee 
on Finance.
  Ms. COLLINS. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 974

       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 ``Stopping Overseas Subsidies 
     Act''.

     SEC. 2. APPLICATION OF COUNTERVAILING DUTIES TO NONMARKET 
                   ECONOMIES AND STRENGTHENING APPLICATION OF THE 
                   LAW.

       (a) In General.--Section 701(a)(1) of the Tariff Act of 
     1930 (19 U.S.C. 1671(a)(1)) is amended by inserting 
     ``(including a nonmarket economy country)'' after ``country'' 
     each place it appears.
       (b) Use of Alternate Methodologies Involving China.--
     Section 771(5)(E) of the Tariff Act of 1930 (19 U.S.C. 
     1677(5)(E)) is amended by adding at the end the following: 
     ``If the administering authority encounters special 
     difficulties in identifying and calculating the amount of a 
     benefit under clauses (i) through (iv) with respect to an 
     investigation or review involving the People's Republic of 
     China, without regard to whether the administering authority 
     determines that China is a nonmarket economy country under 
     paragraph (18) of this section, the administering authority 
     shall use methodologies to identify and calculate the amount 
     of the benefit that take into account the possibility that 
     terms and conditions prevailing in China may not always be 
     available as appropriate benchmarks. In applying such 
     methodologies, where practicable, the administering authority 
     should take into account and adjust terms and conditions 
     prevailing in China before using terms and conditions 
     prevailing outside of China. If the administering authority 
     determines that China is a nonmarket economy country under 
     paragraph (18) of this section, the administering authority 
     shall presume, absent a demonstration of compelling evidence 
     to the contrary, that special difficulties exist in 
     calculating the amount of a benefit under clauses (i) through 
     (iv) with respect to an investigation or review involving 
     China and that it is not practicable to take into account and 
     adjust terms and conditions prevailing in China, and the 
     administering authority shall use terms and conditions 
     prevailing outside of China.''.
       (c) Effective Date.--The amendments made by subsections (a) 
     and (b) apply to petitions filed under section 702 of the 
     Tariff Act of 1930 (19 U.S.C. 1671a) on or after October 1, 
     2006.
       (d) Antidumping Provisions Not Affected.--The amendments 
     made by subsections (a) and (b) shall not affect the status 
     of a country as a nonmarket economy country for the purposes 
     of any matter relating to antidumping duties under subtitle B 
     of title VII of the Tariff Act of 1930 (19 U.S.C. 1673 et 
     seq.).
       (e) Rule of Construction.--The amendments made by 
     subsections (a) and (b) shall not be construed to affect the 
     interpretation of any provision of law as in effect on the 
     day before the date of the enactment of this Act with respect 
     to the application of countervailing duties to nonmarket 
     economy countries.

     SEC. 3. REVOCATION OF NONMARKET ECONOMY COUNTRY STATUS.

       (a) Amendment of Definition of ``Nonmarket Economy 
     Country''.--Section 771(18)(C)(i) of the Tariff Act of 1930 
     (19 U.S.C. 1677(18)(C)(i)) is amended to read as follows:
       ``(i) Any determination that a foreign country is a 
     nonmarket economy country shall remain in effect until--

       ``(I) the administering authority makes a final 
     determination to revoke the determination under subparagraph 
     (A); and
       ``(II) a joint resolution is enacted into law pursuant to 
     section 3 of the Stopping Overseas Subsidies Act.''.

       (b) Notification by President; Joint Resolution.--Whenever 
     the administering authority makes a final determination under 
     section 771(18)(C)(i)(I) of the Tariff Act of 1930 (19 U.S.C. 
     1677(18)(C)(i)(I)) to revoke the determination that a foreign 
     country is a nonmarket economy country--
       (1) the President shall notify the Committee on Finance of 
     the Senate and the Committee on Ways and Means of the House 
     of Representatives of that determination not later than 10 
     days after the publication of the administering authority's 
     final determination in the Federal Register;
       (2) the President shall transmit to the Congress a request 
     that a joint resolution be introduced pursuant to this 
     section; and
       (3) a joint resolution shall be introduced in the Congress 
     pursuant to this section.
       (c) Definition.--For purposes of this section, the term 
     ``joint resolution'' means only a joint resolution of the 2 
     Houses of the Congress, the matter after the resolving clause 
     of which is as follows: ``That the Congress approves the 
     change of nonmarket economy status with respect to the 
     products of _____ transmitted by the President to the 
     Congress on _____.'', the first blank space being filled in 
     with the name of the country with respect to which a 
     determination has been made under section 771(18)(C)(i) of 
     the Tariff Act of 1930 (19 U.S.C. 1677(18)(C)(i)), and the 
     second blank space being filled with the date on which the 
     President notified the Committee on Finance of the Senate and 
     the Committee on Ways and Means of the House of 
     Representatives under subsection (b)(1).
       (d) Introduction.--A joint resolution shall be introduced 
     (by request) in the House of Representatives by the majority 
     leader of the House, for himself, or by Members of the House 
     designated by the majority leader of the House, and shall be 
     introduced (by request) in the Senate by the majority leader 
     of the Senate, for himself, or by Members of the Senate 
     designated by the majority leader of the Senate.
       (e) Amendments Prohibited.--No amendment to a joint 
     resolution shall be in order in either the House of 
     Representatives or the Senate, and no motion to suspend the 
     application of this subsection shall be in order in either 
     House, nor shall it be in order in either House for the 
     presiding officer to entertain a request to suspend the 
     application of this subsection by unanimous consent.
       (f) Period for Committee and Floor Consideration.--
       (1) In general.--If the committee or committees of either 
     House to which a joint resolution has been referred have not 
     reported the joint resolution at the close of the 45th day 
     after its introduction, such committee or committees shall be 
     automatically discharged from further consideration of the 
     joint resolution and it shall be placed on the appropriate 
     calendar. A vote on final passage of the joint resolution 
     shall be taken in each House on or before the close of the 
     15th day after the joint resolution is reported by the 
     committee or committees of that House to which it was 
     referred, or after such committee or committees have been 
     discharged from further consideration of the joint 
     resolution. If, prior to the passage by one House of a joint 
     resolution of that House, that House receives the same joint 
     resolution from the other House, then--
       (A) the procedure in that House shall be the same as if no 
     joint resolution had been received from the other House, but
       (B) the vote on final passage shall be on the joint 
     resolution of the other House.
       (2) Computation of days.--For purposes of paragraph (1), in 
     computing a number of days in either House, there shall be 
     excluded any day on which that House is not in session.
       (g) Floor Consideration in the House.--
       (1) Motion privileged.--A motion in the House of 
     Representatives to proceed to the consideration of a joint 
     resolution shall be highly privileged and not debatable. An 
     amendment to the motion shall not be in order, nor shall it 
     be in order to move to reconsider the vote by which the 
     motion is agreed to or disagreed to.
       (2) Debate limited.--Debate in the House of Representatives 
     on a joint resolution shall be limited to not more than 20 
     hours, which shall be divided equally between those favoring 
     and those opposing the joint resolution. A motion further to 
     limit debate shall not be debatable. It shall not be in order 
     to move to recommit a joint resolution or to move to 
     reconsider the vote by which a joint resolution is agreed to 
     or disagreed to.
       (3) Motions to postpone.--Motions to postpone, made in the 
     House of Representatives with respect to the consideration of 
     a joint resolution, and motions to proceed to the 
     consideration of other business, shall be decided without 
     debate.
       (4) Appeals.--All appeals from the decisions of the Chair 
     relating to the application of the Rules of the House of 
     Representatives to the procedure relating to a joint 
     resolution shall be decided without debate.

[[Page 7243]]

       (5) Other rules.--Except to the extent specifically 
     provided in the preceding provisions of this subsection, 
     consideration of a joint resolution shall be governed by the 
     Rules of the House of Representatives applicable to other 
     bills and resolutions in similar circumstances.
       (h) Floor Consideration in the Senate.--
       (1) Motion privileged.--A motion in the Senate to proceed 
     to the consideration of a joint resolution shall be 
     privileged and not debatable. An amendment to the motion 
     shall not be in order, nor shall it be in order to move to 
     reconsider the vote by which the motion is agreed to or 
     disagreed to.
       (2) Debate limited.--Debate in the Senate on a joint 
     resolution, and all debatable motions and appeals in 
     connection therewith, shall be limited to not more than 20 
     hours. The time shall be equally divided between, and 
     controlled by, the majority leader and the minority leader or 
     their designees.
       (3) Control of debate.--Debate in the Senate on any 
     debatable motion or appeal in connection with a joint 
     resolution shall be limited to not more than 1 hour, to be 
     equally divided between, and controlled by, the mover and the 
     manager of the joint resolution, except that in the event the 
     manager of the joint resolution is in favor of any such 
     motion or appeal, the time in opposition thereto shall be 
     controlled by the minority leader or his designee. Such 
     leaders, or either of them, may, from time under their 
     control on the passage of a joint resolution, allot 
     additional time to any Senator during the consideration of 
     any debatable motion or appeal.
       (4) Other motions.--A motion in the Senate to further limit 
     debate is not debatable. A motion to recommit a joint 
     resolution is not in order.
       (i) Rules of House of Representatives and Senate.--
     Subsections (c) through (h) are enacted by the Congress--
       (1) as an exercise of the rulemaking power of the House of 
     Representatives and the Senate, respectively, and as such 
     subsections (c) through (h) are deemed a part of the rules of 
     each House, respectively, but applicable only with respect to 
     the procedure to be followed in that House in the case of 
     joint resolutions described in subsection (c), and 
     subsections (c) through (h) supersede other rules only to the 
     extent that they are inconsistent therewith; and
       (2) with full recognition of the constitutional right of 
     either House to change the rules (so far as relating to the 
     procedure of that House) at any time, in the same manner and 
     to the same extent as in the case of any other rule of that 
     House.

     SEC. 4. STUDY AND REPORT ON SUBSIDIES BY PEOPLE'S REPUBLIC OF 
                   CHINA.

       (a) Study.--The United States International Trade 
     Commission shall conduct a study, under section 332 of the 
     Tariff Act of 1930 (19 U.S.C. 1332), regarding how the 
     People's Republic of China uses government intervention to 
     promote investment, employment, and exports. The study shall 
     comprehensively catalog, and when possible quantify, the 
     practices and policies that central, provincial, and local 
     government bodies in the People's Republic of China use to 
     support and to attempt to influence decisionmaking in China's 
     manufacturing enterprises and industries. Chapters of this 
     study shall include, but not be limited to, the following:
       (1) Privatization and private ownership.
       (2) Nonperforming loans.
       (3) Price coordination.
       (4) Selection of industries for targeted assistance.
       (5) Banking and finance.
       (6) Utility rates.
       (7) Infrastructure development.
       (8) Taxation.
       (9) Restraints on imports and exports.
       (10) Research and development.
       (11) Worker training and retraining.
       (12) Rationalization and closure of uneconomic enterprises.
       (b) Report.--The Congress requests that--
       (1) not later than 9 months after the date of the enactment 
     of this Act, the International Trade Commission complete its 
     study under subsection (a), submit a report on the study to 
     the Committee on Ways and Means of the House of 
     Representatives and the Committee on Finance of the Senate, 
     and make the report available to the public; and
       (2) not later than 1 year after the report under paragraph 
     (1) is submitted, and annually thereafter through 2017, the 
     International Trade Commission prepare and submit to the 
     committees referred to in paragraph (1) an update of the 
     report and make the update of the report available to the 
     public.

                          ____________________