[Congressional Record (Bound Edition), Volume 153 (2007), Part 6]
[Senate]
[Pages 7765-7773]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. DURBIN (for himself, Mr. Coleman, Mr. Dodd, Mr. Hagel, Mr. 
        Obama, Mr. Kerry, Mr. Roberts, Mr. Menendez, Mr. Cochran, Mr. 
        Lieberman, Mr. Levin, Mr. Smith, Mr. Stevens, Mr. Akaka, Mr. 
        Chambliss, Ms. Stabenow, Ms. Snowe, Ms. Cantwell, Mr. Baucus, 
        Mr. Warner, Mr. Pryor, and Mr. Kennedy):
  S. 991. A bill to establish the Senator Paul Simon Study Abroad 
Foundation under the authorities of the Mutual Educational and Cultural 
Exchange Act of 1961; to the Committee on Foreign Relations.
  Mr. DURBIN. Mr. President, I have spoken many times about one of our 
Nation's greatest public servants, the late Senator Paul Simon. He was 
an honorable man who devoted his life to working for the public good.
  In the months before his untimely death, Senator Simon returned to 
Washington to talk to his former colleagues about the need to 
strengthen our Nation's international understanding and our ability to 
remain a world leader in the 21st century. His desire to promote peace 
and security through mutual understanding and sensitivity to the rest 
of the world was borne out of the tragic events of September 11, 2001.
  Senator Simon struggled with the question of how America could lead 
when so few of our citizens have the proper knowledge and understanding 
of the world beyond our borders. He knew that America's security, 
global competitiveness, and diplomatic efforts in working towards a 
peaceful society rest on our young people's global competence and 
ability to appreciate languages and cultural and social realities 
beyond what they may have experienced in the United States. He 
envisioned a United States populated by a generation of Americans with 
a greater knowledge and understanding of the world--a generation of our 
Nation's future leaders that have been abroad and have a personal 
connection to another part of the world.
  Senator Simon's tireless efforts led to Congress's establishment of 
the Abraham Lincoln Study Abroad Commission. I was honored to serve on 
this bipartisan Commission, and it was a privilege for me to introduce 
legislation last year that brought Senator Simon's dream one step 
closer to reality. The bill, based on the Commission's recommendations, 
would have established a study abroad program for undergraduate 
students that would help build global awareness and international 
understanding.
  I am once again proud to stand here today and introduce legislation 
that embodies Senator Simon's vision. The bill has been renamed the 
Senator Paul Simon Study Abroad Foundation Act so that all future 
generations will remember Senator Simon's commitment to international 
education.
  The goal of this legislation remains the same: to encourage and 
support the experience of studying abroad in developing countries--in 
countries whose people, culture, language, government, and religion 
might be very different from ours. This bill aims to have at least 1 
million undergraduate students study abroad annually within 10 years 
and to expand study abroad opportunities for students who are currently 
underrepresented.
  The Senator Paul Simon Study Abroad Foundation Act would establish 
study abroad as a national priority and provide the catalyst for the 
education community to commit to making study abroad an institutional 
priority.
  This legislation would create an independent public-private entity, 
the Senator Paul Simon Foundation, that would award grants to carry out 
the goal of making study abroad in high-quality programs in diverse 
locations around the world the routine, rather than the exception, for 
college students. Students who were previously unable to study abroad 
due to financial constraints would be eligible for grants. Grants also 
would provide colleges, universities and nongovernmental institutions 
with the financial incentive to develop programs that make it easier 
for college students to study abroad.
  The future of our country depends on having globally literate 
citizens--those who are able to look at other points of view and 
incorporate those ideas into their thinking and manner of interacting 
with others. I have shared this Paul Simon quote before, and I will do 
so again because it is the most poignant example of Paul's vision in 
his own words:

       A nation cannot drift into greatness. We must dream, and we 
     must be willing to make small sacrifices to achieve those 
     dreams. This major national initiative can lift our vision 
     and responsiveness to the rest of the world.

  I ask my colleagues to join with me and with Senator Coleman in 
support of this legislation and to see to it that Senator Paul Simon's 
dream of building a stronger and more culturally aware nation is 
realized.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.

[[Page 7766]]

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

                                 S. 991

       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 ``Senator Paul Simon Study 
     Abroad Foundation Act of 2007''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) According to President George W. Bush, ``America's 
     leadership and national security rest on our commitment to 
     educate and prepare our youth for active engagement in the 
     international community.''.
       (2) According to former President William J. Clinton, 
     ``Today, the defense of United States interests, the 
     effective management of global issues, and even an 
     understanding of our Nation's diversity require ever-greater 
     contact with, and understanding of, people and cultures 
     beyond our borders.''.
       (3) Congress authorized the establishment of the Commission 
     on the Abraham Lincoln Study Abroad Fellowship Program 
     pursuant to section 104 of the Miscellaneous Appropriations 
     and Offsets Act, 2004 (division H of Public Law 108-199). 
     Pursuant to its mandate, the Commission has submitted to 
     Congress and the President a report of its recommendations 
     for greatly expanding the opportunity for students at 
     institutions of higher education in the United States to 
     study abroad, with special emphasis on studying in developing 
     nations.
       (4) Studies consistently show that United States students 
     score below their counterparts in other advanced countries on 
     indicators of international knowledge. This lack of global 
     literacy is a national liability in an age of global trade 
     and business, global interdependence, and global terror.
       (5) By numbers ranging from 77 to more than 90 percent, 
     Americans believe that it is important for their children to 
     learn other languages, study abroad, attend a college where 
     they can interact with international students, learn about 
     other countries and cultures, and generally be prepared for 
     the global age, according to a December 2005 national survey 
     commissioned by NAFSA: Association of International 
     Educators.
       (6) In today's world, it is more important than ever for 
     the United States to be a responsible, constructive leader 
     that other countries are willing to follow. Such leadership 
     cannot be sustained without an informed citizenry with much 
     more knowledge and awareness of the world than most Americans 
     currently possess.
       (7) Study abroad has proven to be a very effective means of 
     imparting international and foreign-language competency to 
     students.
       (8) In any given year, only approximately one percent of 
     all students enrolled in United States institutions of higher 
     education study abroad.
       (9) Less than 10 percent of the students who graduate from 
     United States institutions of higher education with bachelors 
     degrees have studied abroad.
       (10) Far more study abroad must take place in the 
     developing countries. Ninety-five percent of the world's 
     population growth over the next 50 years will occur outside 
     of Europe. Yet in the academic year 2004-2005, 60 percent of 
     United States students studying abroad studied in Europe, and 
     45 percent studied in four countries--the United Kingdom, 
     Italy, Spain, and France--according to the Institute of 
     International Education.
       (11) The Final Report of the National Commission on 
     Terrorist Attacks Upon the United States (The 9/11 Commission 
     Report) recommended that the United States increase support 
     for ``scholarship, exchange, and library programs''. The 9/11 
     Public Discourse Project, successor to the 9/11 Commission, 
     noted in its November 14, 2005, status report that this 
     recommendation was ``unfulfilled,'' and stated that ``The 
     U.S. should increase support for scholarship and exchange 
     programs, our most powerful tool to shape attitudes over the 
     course of a generation.''. In its December 5, 2005, Final 
     Report on the 9/11 Commission Recommendations, the 9/11 
     Public Discourse Project gave the government a grade of ``D'' 
     for its implementation of this recommendation.
       (12) Investing in a national study abroad program would 
     help turn a grade of ``D'' into an ``A'' by equipping United 
     States students to communicate United States values and way 
     of life through the unique dialogue that takes place among 
     citizens from around the world when individuals study abroad.

     SEC. 3. PURPOSES.

       The purposes of this Act are--
       (1) to significantly enhance the global competitiveness and 
     international knowledge base of the United States by ensuring 
     that more students in United States institutions of higher 
     education have the opportunity to acquire foreign language 
     skills and international knowledge through significantly 
     expanded study abroad;
       (2) to enhance the foreign policy capacity of the United 
     States by significantly expanding and diversifying the talent 
     pool of individuals with non-traditional foreign language 
     skills and cultural knowledge in the United States who are 
     available for recruitment by United States foreign affairs 
     agencies, legislative branch agencies, and nongovernmental 
     organizations involved in foreign affairs activities;
       (3) to ensure that an increasing portion of study abroad by 
     United States students will take place in nontraditional 
     study abroad destinations such as the People's Republic of 
     China, countries of the Middle East region, and developing 
     countries; and
       (4) to create greater cultural understanding of the United 
     States by exposing foreign students and their families to 
     American students in countries that have not traditionally 
     hosted large numbers of American students.

     SEC. 4. DEFINITIONS.

       In this Act:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Affairs and the Committee on 
     Appropriations of the House of Representatives; and
       (B) the Committee on Foreign Relations and the Committee on 
     Appropriations of the Senate.
       (2) Board.--The term ``Board'' means the Board of Directors 
     of the Foundation established pursuant to section 5(d).
       (3) Chief executive officer.--The term ``Chief Executive 
     Officer'' means the chief executive officer of the Foundation 
     appointed pursuant to section 5(c).
       (4) Foundation.--The term ``Foundation'' means the Senator 
     Paul Simon Study Abroad Foundation established by section 
     5(a).
       (5) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given the 
     term in section 101(a) of the Higher Education Act of 1965 
     (20 U.S.C. 1001(a)).
       (6) Nontraditional study abroad destination.--The term 
     ``nontraditional study abroad destination'' means a location 
     that is determined by the Foundation to be a less common 
     destination for United States students who study abroad.
       (7) Study abroad.--The term ``study abroad'' means an 
     educational program of study, work, research, internship, or 
     combination thereof that is conducted outside the United 
     States and that carries academic credit toward fulfilling the 
     participating student's degree requirements.

     SEC. 5. ESTABLISHMENT AND MANAGEMENT OF THE SENATOR PAUL 
                   SIMON STUDY ABROAD FOUNDATION.

       (a) Establishment.--
       (1) In general.--There is established in the executive 
     branch a corporation to be known as the ``Senator Paul Simon 
     Study Abroad Foundation'' that shall be responsible for 
     carrying out this Act under the authorities of the Mutual 
     Educational and Cultural Exchange Act of 196l (22 U.S.C. 2451 
     et seq.). The Foundation shall be a government corporation, 
     as defined in section 103 of title 5, United States Code.
       (2) Board of directors.--The Foundation shall be governed 
     by a Board of Directors chaired by the Secretary of State in 
     accordance with subsection (d).
       (3) Intent of congress.--It is the intent of Congress in 
     establishing the structure of the Foundation set forth in 
     this subsection to create an entity that will administer a 
     study abroad program that--
       (A) serves the long-term foreign policy and national 
     security needs of the United States; but
       (B) operates independently of short-term political and 
     foreign policy considerations.
       (b) Mandate of Foundation.--In administering the program 
     referred to in subsection (a)(3), the Foundation shall--
       (1) promote the objectives and purposes of this Act;
       (2) through responsive, flexible grant-making, promote 
     access by students at diverse institutions of higher 
     education, including two-year institutions, minority-serving 
     institutions, and institutions that serve nontraditional 
     students;
       (3) through creative grant-making, promote access by 
     diverse students, including minority students, students of 
     limited financial means, and nontraditional students;
       (4) raise funds from the private sector to supplement funds 
     made available under this Act; and
       (5) be committed to minimizing administrative costs and to 
     maximizing the availability of funds for grants under this 
     Act.
       (c) Chief Executive Officer.--
       (1) In general.--There shall be in the Foundation a Chief 
     Executive Officer who shall be responsible for the management 
     of the Foundation.
       (2) Appointment.--The Chief Executive Officer shall be 
     appointed by the Board and shall be a recognized leader in 
     higher education, business, or foreign policy, chosen on the 
     basis of a rigorous search.
       (3) Relationship to board.--The Chief Executive Officer 
     shall report to and be under the direct authority of the 
     Board.
       (4) Compensation and rank.--
       (A) In general.--The Chief Executive Officer shall be 
     compensated at the rate provided for level III of the 
     Executive Schedule under section 5314 of title 5, United 
     States Code, and shall have the equivalent rank of Deputy 
     Secretary.
       (B) Amendment.--Section 5314 of title 5, United States 
     Code, is amended by adding at the end the following:

[[Page 7767]]

       ``Chief Executive Officer, Senator Paul Simon Study Abroad 
     Foundation.''.
       (5) Authorities and duties.--The Chief Executive Officer 
     shall be responsible for the management of the Foundation and 
     shall exercise the powers and discharge the duties of the 
     Foundation.
       (6) Authority to appoint officers.--In consultation and 
     with approval of the Board, the Chief Executive Officer shall 
     appoint all officers of the Foundation.
       (d) Board of Directors.--
       (1) Establishment.--There shall be in the Foundation a 
     Board of Directors.
       (2) Duties.--The Board shall perform the functions 
     specified to be carried out by the Board in this Act and may 
     prescribe, amend, and repeal bylaws, rules, regulations, and 
     procedures governing the manner in which the business of the 
     Foundation may be conducted and in which the powers granted 
     to it by law may be exercised.
       (3) Membership.--The Board shall consist of--
       (A) the Secretary of State (or the Secretary's designee), 
     the Secretary of Education (or the Secretary's designee), the 
     Secretary of Defense (or the Secretary's designee), and the 
     Administrator of the United States Agency for International 
     Development (or the Administrator's designee); and
       (B) five other individuals with relevant experience in 
     matters relating to study abroad (such as individuals who 
     represent institutions of higher education, business 
     organizations, foreign policy organizations, or other 
     relevant organizations) who shall be appointed by the 
     President, by and with the advice and consent of the Senate, 
     of which--
       (i) one individual shall be appointed from among a list of 
     individuals submitted by the majority leader of the House of 
     Representatives;
       (ii) one individual shall be appointed from among a list of 
     individuals submitted by the minority leader of the House of 
     Representatives;
       (iii) one individual shall be appointed from among a list 
     of individuals submitted by the majority leader of the 
     Senate; and
       (iv) one individual shall be appointed from among a list of 
     individuals submitted by the minority leader of the Senate.
       (4) Chief executive officer.--The Chief Executive Officer 
     of the Foundation shall serve as a nonvoting, ex officio 
     member of the Board.
       (5) Terms.--
       (A) Officers of the federal government.--Each member of the 
     Board described in paragraph (3)(A) shall serve for a term 
     that is concurrent with the term of service of the 
     individual's position as an officer within the other Federal 
     department or agency.
       (B) Other members.--Each member of the Board described in 
     paragraph (3)(B) shall be appointed for a term of 3 years and 
     may be reappointed for a term of an additional 3 years.
       (C) Vacancies.--A vacancy in the Board shall be filled in 
     the manner in which the original appointment was made.
       (6) Chairperson.--There shall be a Chairperson of the 
     Board. The Secretary of State shall serve as the Chairperson.
       (7) Quorum.--A majority of the members of the Board 
     described in paragraph (3) shall constitute a quorum, which, 
     except with respect to a meeting of the Board during the 135-
     day period beginning on the date of the enactment of this 
     Act, shall include at least one member of the Board described 
     in paragraph (3)(B).
       (8) Meetings.--The Board shall meet at the call of the 
     Chairperson.
       (9) Compensation.--
       (A) Officers of the federal government.--
       (i) In general.--A member of the Board described in 
     paragraph (3)(A) may not receive additional pay, allowances, 
     or benefits by reason of the member's service on the Board.
       (ii) Travel expenses.--Each such member of the Board shall 
     receive travel expenses, including per diem in lieu of 
     subsistence, in accordance with applicable provisions under 
     subchapter I of chapter 57 of title 5, United States Code.
       (B) Other members.--
       (i) In general.--Except as provided in clause (ii), a 
     member of the Board described in paragraph (3)(B)--

       (I) shall be paid compensation out of funds made available 
     for the purposes of this Act at the daily equivalent of the 
     highest rate payable under section 5332 of title 5, United 
     States Code, for each day (including travel time) during 
     which the member is engaged in the actual performance of 
     duties as a member of the Board; and
       (II) while away from the member's home or regular place of 
     business on necessary travel in the actual performance of 
     duties as a member of the Board, shall be paid per diem, 
     travel, and transportation expenses in the same manner as is 
     provided under subchapter I of chapter 57 of title 5, United 
     States Code.

       (ii) Limitation.--A member of the Board may not be paid 
     compensation under clause (i)(II) for more than 90 days in 
     any calendar year.

     SEC. 6. ESTABLISHMENT AND OPERATION OF PROGRAM.

       (a) Establishment of the Program.--There is hereby 
     established a program, which shall--
       (1) be administered by the Foundation; and
       (2) award grants to--
       (A) individuals for study abroad;
       (B) nongovernmental institutions that provide and promote 
     study abroad opportunities, in consortium with institutions 
     described in subparagraph (C); and
       (C) institutions of higher education, individually or in 
     consortium,
     in order to accomplish the objectives set forth in subsection 
     (b).
       (b) Objectives.--The objectives of the program established 
     under subsection (a) are that, within 10 years of the date of 
     the enactment of this Act--
       (1) not less than one million undergraduate students in 
     United States institutions of higher education will study 
     abroad annually for credit;
       (2) the demographics of study-abroad participation will 
     reflect the demographics of the United States undergraduate 
     population; and
       (3) an increasing portion of study abroad will take place 
     in nontraditional study abroad destinations, with a 
     substantial portion of such increases taking place in 
     developing countries.
       (c) Mandate of the Program.--In order to accomplish the 
     objectives set forth in subsection (b), the Foundation shall, 
     in administering the program established under subsection 
     (a), take fully into account the recommendations of the 
     Commission on the Abraham Lincoln Study Abroad Fellowship 
     Program (established pursuant to section 104 of the 
     Miscellaneous Appropriations and Offsets Act, 2004 (division 
     H of Public Law 108-199)).
       (d) Structure of Grants.--In accordance with the 
     recommendations of the Commission on the Abraham Lincoln 
     Study Abroad Fellowship Program, grants awarded under the 
     program established under subsection (a) shall be structured 
     to the maximum extent practicable to promote appropriate 
     reforms in institutions of higher education in order to 
     remove barriers to participation by students in study abroad.
       (e) Balance of Long-Term and Short-Term Study Abroad 
     Programs.--In administering the program established under 
     subsection (a), the Foundation shall seek an appropriate 
     balance between--
       (1) longer-term study abroad programs, which maximize 
     foreign-language learning and intercultural understanding; 
     and
       (2) shorter-term study abroad programs, which maximize the 
     accessibility of study abroad to nontraditional students.

     SEC. 7. ANNUAL REPORT.

       Not later than March 31, 2008, and each March 31 
     thereafter, the Foundation shall submit to Congress a report 
     on the implementation of this Act during the prior fiscal 
     year.

     SEC. 8. POWERS OF THE FOUNDATION; RELATED PROVISIONS.

       (a) Powers.--The Foundation--
       (1) shall have perpetual succession unless dissolved by a 
     law enacted after the date of the enactment of this Act;
       (2) may adopt, alter, and use a seal, which shall be 
     judicially noticed;
       (3) may make and perform such contracts, grants, and other 
     agreements with any person or government however designated 
     and wherever situated, as may be necessary for carrying out 
     the functions of the Foundation;
       (4) may determine and prescribe the manner in which its 
     obligations shall be incurred and its expenses allowed and 
     paid, including expenses for representation;
       (5) may lease, purchase, or otherwise acquire, improve, and 
     use such real property wherever situated, as may be necessary 
     for carrying out the functions of the Foundation;
       (6) may accept cash gifts or donations of services or of 
     property (real, personal, or mixed), tangible or intangible, 
     for the purpose of carrying out the provisions of this Act;
       (7) may use the United States mails in the same manner and 
     on the same conditions as the executive departments;
       (8) may contract with individuals for personal services, 
     who shall not be considered Federal employees for any 
     provision of law administered by the Office of Personnel 
     Management;
       (9) may hire or obtain passenger motor vehicles; and
       (10) shall have such other powers as may be necessary and 
     incident to carrying out this Act.
       (b) Principal Office.--The Foundation shall maintain its 
     principal office in the metropolitan area of Washington, 
     District of Columbia.
       (c) Applicability of Government Corporation Control Act.--
       (1) In general.--The Foundation shall be subject to chapter 
     91 of subtitle VI of title 31, United States Code, except 
     that the Foundation shall not be authorized to issue 
     obligations or offer obligations to the public.
       (2) Conforming amendment.--Section 9101(3) of title 31, 
     United States Code, is amended by adding at the end the 
     following:
       ``(R) the Senator Paul Simon Study Abroad Foundation.''.
       (d) Inspector General.--

[[Page 7768]]

       (1) In general.--The Inspector General of the Department of 
     State shall serve as Inspector General of the Foundation, 
     and, in acting in such capacity, may conduct reviews, 
     investigations, and inspections of all aspects of the 
     operations and activities of the Foundation.
       (2) Authority of the board.--In carrying out the 
     responsibilities under this subsection, the Inspector General 
     shall report to and be under the general supervision of the 
     Board.
       (3) Reimbursement and authorization of services.--
       (A) Reimbursement.--The Foundation shall reimburse the 
     Department of State for all expenses incurred by the 
     Inspector General in connection with the Inspector General's 
     responsibilities under this subsection.
       (B) Authorization for services.--Of the amount authorized 
     to be appropriated under section 10(a) for a fiscal year, up 
     to $2,000,000 is authorized to be made available to the 
     Inspector General of the Department of State to conduct 
     reviews, investigations, and inspections of operations and 
     activities of the Foundation.

     SEC. 9. GENERAL PERSONNEL AUTHORITIES.

       (a) Detail of Personnel.--Upon request of the Chief 
     Executive Officer, the head of an agency may detail any 
     employee of such agency to the Foundation on a reimbursable 
     basis. Any employee so detailed remains, for the purpose of 
     preserving such employee's allowances, privileges, rights, 
     seniority, and other benefits, an employee of the agency from 
     which detailed.
       (b) Reemployment Rights.--
       (1) In general.--An employee of an agency who is serving 
     under a career or career conditional appointment (or the 
     equivalent), and who, with the consent of the head of such 
     agency, transfers to the Foundation, is entitled to be 
     reemployed in such employee's former position or a position 
     of like seniority, status, and pay in such agency, if such 
     employee--
       (A) is separated from the Foundation for any reason, other 
     than misconduct, neglect of duty, or malfeasance; and
       (B) applies for reemployment not later than 90 days after 
     the date of separation from the Foundation.
       (2) Specific rights.--An employee who satisfies paragraph 
     (1) is entitled to be reemployed (in accordance with such 
     paragraph) within 30 days after applying for reemployment 
     and, on reemployment, is entitled to at least the rate of 
     basic pay to which such employee would have been entitled had 
     such employee never transferred.
       (c) Hiring Authority.--Of persons employed by the 
     Foundation, not to exceed 30 persons may be appointed, 
     compensated, or removed without regard to the civil service 
     laws and regulations.
       (d) Basic Pay.--The Chief Executive Officer may fix the 
     rate of basic pay of employees of the Foundation without 
     regard to the provisions of chapter 51 of title 5, United 
     States Code (relating to the classification of positions), 
     subchapter III of chapter 53 of such title (relating to 
     General Schedule pay rates), except that no employee of the 
     Foundation may receive a rate of basic pay that exceeds the 
     rate for level IV of the Executive Schedule under section 
     5315 of such title.
       (e) Definitions.--In this section--
       (1) the term ``agency'' means an executive agency, as 
     defined by section 105 of title 5, United States Code; and
       (2) the term ``detail'' means the assignment or loan of an 
     employee, without a change of position, from the agency by 
     which such employee is employed to the Foundation.

     SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

       (a) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this Act $80,000,000 for 
     fiscal year 2008 and each subsequent fiscal year.
       (b) Allocation of Funds.--
       (1) In general.--The Foundation may allocate or transfer to 
     any agency of the United States Government any of the funds 
     available for carrying out this Act. Such funds shall be 
     available for obligation and expenditure for the purposes for 
     which the funds were authorized, in accordance with authority 
     granted in this Act or under authority governing the 
     activities of the United States Government agency to which 
     such funds are allocated or transferred.
       (2) Notification.--The Foundation shall notify the 
     appropriate congressional committees not less than 15 days 
     prior to an allocation or transfer of funds pursuant to 
     paragraph (1).
                                 ______
                                 
      By Mrs. BOXER (for herself, Mr. Inhofe, Mr. Lautenberg, Mr. 
        Alexander, Mr. Cardin, Mr. Lieberman, Mrs. Clinton, Ms. 
        Klobuchar, and Mr. Craig):
  S. 992. A bill to achieve emission reductions and cost savings 
through accelerated use of cost-effective lighting technologies in 
public buildings, and for other purposes; to the Committee on 
Environment and Public Works.
  Mrs. BOXER. Mr. President, today I am pleased to introduce the 
``Public Buildings Cost Reduction Act of 2007.'' I am joined by my 
Environment and Public Works Committee colleagues Senators Inhofe, 
Lautenberg, Alexander, Cardin, Lieberman, Clinton, and Klobuchar. This 
bill will reduce air pollution and save taxpayer money by accelerating 
the use of cost-effective technologies that reduce energy use in public 
buildings.
  The goal of this legislation is to have the government lead by 
example. This bill will help to ensure less polluting and more cost-
effective General Services Administration, or GSA, buildings. Under 
this legislation, the GSA, which is the Nation's largest public real 
estate organization, must establish a program to speed the use of cost-
effective and energy-efficient technology and other actions, called 
``cost-effective technologies and practices'', in its buildings. GSA 
also must assure that a manager is named who is responsible for 
accelerating the use of cost-effective technologies and practices for 
each GSA building.
  In addition, the GSA must review current and available highly-
efficient lighting within 90 days, and complete a plan within 6 months 
for installing highly-efficient lighting in GSA buildings. Within 1 
year after enactment, GSA must issue a detailed timetable to replace 
all existing inefficient lighting in GSA buildings as quickly as 
feasible, within 5 years, using available funds.
  A second provision in the bill requires GSA to complete a broader 
plan that will: (1) achieve a 20-percent reduction in operating costs 
at GSA facilities to the maximum extent feasible within 5 years after 
enactment through the application of cost-effective, highly efficient 
technologies and practices, using available funds; (2) describe the 
current and needed funding for these programs and any issues that may 
inhibit their implementation; (3) recommend uniform standards for 
federal agencies for highly efficient technologies; and (4) recommend 
ways to allow federal agencies to keep their savings from using 
efficient technologies and practices, to use them for additional 
investments and other purposes.
  The bill also creates an EPA grant program to help local governments 
make their buildings more efficient. This $20 million per year matching 
grant program at EPA will help local governments renovate their 
buildings to make them more cost-effective and energy efficient. The 
grant program will require a 40 percent match from the local 
government, and will require grantees to show they will cut utility 
bills by 40 percent through renovations of a building or buildings that 
use highly efficient technologies and practices. Further, EPA will have 
to verify the efficiency and savings and issue guidelines for the 
program. Grants of up to $1 million will be allowed. In addition, the 
bill requires reports to Congress on progress under the program, 
savings achieved, and recommendations.
  I ask unanimous consent that the text of my bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 992

       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 ``Public Buildings Cost 
     Reduction Act of 2007''.

     SEC. 2. COST-EFFECTIVE TECHNOLOGY ACCELERATION PROGRAM.

       (a) Establishment.--The Administrator of General Services 
     (referred to in this section as the ``Administrator'') shall 
     establish a program to accelerate the use of more cost-
     effective technologies and practices at GSA facilities.
       (b) Accelerated Use of Cost-Effective Lighting 
     Technologies.--
       (1) Review.--
       (A) In general.--As part of the program under this 
     subsection, not later than 90 days after the date of 
     enactment of this Act, the Administrator shall conduct a 
     review of--
       (i) current use of cost-effective lighting technologies in 
     GSA facilities; and
       (ii) the availability to managers of GSA facilities of 
     cost-effective lighting technologies.
       (B) Requirements.--The review under subparagraph (A) 
     shall--
       (i) examine the use of cost-effective lighting technologies 
     and other cost-effective technologies and practices by 
     Federal agencies in GSA facilities; and

[[Page 7769]]

       (ii) identify, in consultation with the Environmental 
     Protection Agency, cost-effective lighting technology 
     standards that could be used for all types of GSA facilities.
       (2) Replacement.--
       (A) In general.--As part of the program under this 
     subsection, not later than 180 days after the date of 
     enactment of this Act, the Administrator shall establish a 
     cost-effective lighting technology acceleration program to 
     achieve maximum feasible replacement of existing lighting 
     technologies with more cost-effective lighting technologies 
     in each GSA facility using available appropriations.
       (B) Acceleration plan timetable.--
       (i) In general.--To implement the program established under 
     subparagraph (A), not later than 1 year after the date of 
     enactment of this Act, the Administrator shall establish a 
     timetable including milestones for specific activities needed 
     to replace existing lighting technologies with more cost-
     effective lighting technologies, to the maximum extent 
     feasible (including at the maximum rate feasible), at each 
     GSA facility.
       (ii) Goal.--The goal of the timetable under clause (i) 
     shall be to complete, using available appropriations, maximum 
     feasible replacement of existing lighting technologies with 
     more cost-effective lighting technologies by not later than 
     the date that is 5 years after the date of enactment of this 
     Act.
       (c) GSA Facility Cost-Effective Technologies and 
     Practices.--Not later than 180 days after the date of 
     enactment of this Act, and annually thereafter, the 
     Administrator shall--
       (1) ensure that a manager responsible for accelerating the 
     use of cost-effective technologies and practices is 
     designated for each GSA facility; and
       (2) submit to Congress a plan, to be implemented to the 
     maximum extent feasible (including at the maximum rate 
     feasible) using available appropriations, by not later than 
     the date that is 5 years after the date of enactment of this 
     Act, that--
       (A) identifies the specific activities needed to achieve a 
     20-percent reduction in operational costs through the 
     application of cost-effective technologies and practices from 
     2003 levels at GSA facilities by not later than 5 years after 
     the date of enactment of this Act;
       (B) describes activities required and carried out to 
     estimate the funds necessary to achieve the reduction 
     described in subparagraph (A);
       (C) describes the status of the implementation of cost-
     effective technologies and practices at GSA facilities, 
     including--
       (i) the extent to which programs, including the program 
     established under subsection (b), are being carried out in 
     accordance with this Act; and
       (ii) the status of funding requests and appropriations for 
     those programs;
       (D) identifies within the planning, budgeting, and 
     construction process all types of GSA facility-related 
     procedures that inhibit new and existing GSA facilities from 
     implementing cost-effective technologies and practices;
       (E) recommends language for uniform standards for use by 
     Federal agencies in implementing cost-effective technologies 
     and practices;
       (F) in coordination with the Office of Management and 
     Budget, reviews the budget process for capital programs with 
     respect to alternatives for--
       (i) permitting Federal agencies to retain all identified 
     savings accrued as a result of the use of cost-effective 
     technologies and practices; and
       (ii) identifying short- and long-term cost savings that 
     accrue from cost-effective technologies and practices;
       (G) achieves cost savings through the application of cost-
     effective technologies and practices sufficient to pay the 
     incremental additional costs of installing the cost-effective 
     technologies and practices by not later than the date that is 
     5 years after the date of installation; and
       (H) includes recommendations to address each of the 
     matters, and a plan for implementation of each 
     recommendation, described in subparagraphs (A) through (G).
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section, to remain available until expended.

     SEC. 3. ENVIRONMENTAL PROTECTION AGENCY DEMONSTRATION GRANT 
                   PROGRAM FOR LOCAL GOVERNMENTS.

       (a) Grant Program.--
       (1) In general.--The Administrator of the Environmental 
     Protection Agency (referred to in this section as the 
     ``Administrator'') shall establish a demonstration program 
     under which the Administrator shall provide competitive 
     grants to assist local governments (such as municipalities 
     and counties), with respect to local government buildings--
       (A) to deploy cost-effective technologies and practices; 
     and
       (B) to achieve operational cost savings, through the 
     application of cost-effective technologies and practices, as 
     verified by the Administrator.
       (2) Cost sharing.--The Federal share of the cost of an 
     activity carried out using a grant provided under this 
     section shall be 40 percent.
       (3) Maximum amount.--The amount of a grant provided under 
     this subsection shall not exceed $1,000,000.
       (b) Guidelines.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator shall issue 
     guidelines to implement the grant program established under 
     subsection (a).
       (2) Requirements.--The guidelines under paragraph (1) shall 
     establish--
       (A) standards for monitoring and verification of 
     operational cost savings through the application of cost-
     effective technologies and practices reported by grantees 
     under this section;
       (B) standards for grantees to implement training programs, 
     and to provide technical assistance and education, relating 
     to the retrofit of buildings using cost-effective 
     technologies and practices; and
       (C) a requirement that each local government that receives 
     a grant under this section shall achieve facility-wide cost 
     savings, through renovation of existing local government 
     buildings using cost-effective technologies and practices, of 
     at least 40 percent as compared to the baseline operational 
     costs of the buildings before the renovation (as calculated 
     assuming a 3-year, weather-normalized average).
       (c) Compliance With State and Local Law.--Nothing in this 
     section or any program carried out using a grant provided 
     under this section supersedes or otherwise affects any State 
     or local law, to the extent that the State or local law 
     contains a requirement that is more stringent than the 
     relevant requirement of this section.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $20,000,000 for 
     each of fiscal years 2007 through 2012.
       (e) Reports.--
       (1) In general.--The Administrator shall provide annual 
     reports to Congress on cost savings achieved and actions 
     taken and recommendations made under this section, and any 
     recommendations for further action.
       (2) Final report.--The Administrator shall issue a final 
     report at the conclusion of the program, including findings, 
     a summary of total cost savings achieved, and recommendations 
     for further action.
       (f) Termination.--The program under this section shall 
     terminate on September 30, 2012.

     SEC. 4. DEFINITIONS.

       In this Act:
       (1) Cost-effective lighting technology.--
       (A) In general.--The term ``cost-effective lighting 
     technology'' means a lighting technology that--
       (i) will result in substantial operational cost savings by 
     ensuring an installed consumption of not more than 1 watt per 
     square foot; or
       (ii) is contained in a list under--

       (I) section 553 of Public Law 95-619 (42 U.S.C. 8259b); and
       (II) Federal acquisition regulation 23-203.

       (B) Inclusions.--The term ``cost-effective lighting 
     technology'' includes--
       (i) lamps;
       (ii) ballasts;
       (iii) luminaires;
       (iv) lighting controls;
       (v) daylighting; and
       (vi) early use of other highly cost-effective lighting 
     technologies.
       (2) Cost-effective technologies and practices.--The term 
     ``cost-effective technologies and practices'' means a 
     technology or practice that--
       (A) will result in substantial operational cost savings by 
     reducing utility costs; and
       (B) complies with the provisions of section 553 of Public 
     Law 95-619 (42 U.S.C. 8259b) and Federal acquisition 
     regulation 23-203.
       (3) Operational cost savings.--
       (A) In general.--The term ``operational cost savings'' 
     means a reduction in end-use operational costs through the 
     application of cost-effective technologies and practices, 
     including a reduction in electricity consumption relative to 
     consumption by the same customer or at the same facility in a 
     given year, as defined in guidelines promulgated by the 
     Administrator pursuant to section 3(b), that achieves cost 
     savings sufficient to pay the incremental additional costs of 
     using cost-effective technologies and practices by not later 
     than the date that is 5 years after the date of installation.
       (B) Inclusions.--The term ``operational cost savings'' 
     includes savings achieved at a facility as a result of--
       (i) the installation or use of cost-effective technologies 
     and practices; or
       (ii) the planting of vegetation that shades the facility 
     and reduces the heating, cooling, or lighting needs of the 
     facility.
       (C) Exclusion.--The term ``operational cost savings'' does 
     not include savings from measures that would likely be 
     adopted in the absence of cost-effective technology and 
     practices programs, as determined by the Administrator.
       (4) GSA facility.--
       (A) In general.--The term ``GSA facility'' means any 
     building, structure, or facility, in whole or in part 
     (including the associated support systems of the building, 
     structure, or facility) that--
       (i) is constructed (including facilities constructed for 
     lease), renovated, or purchased, in whole or in part, by the 
     Administrator for use by the Federal Government; or

[[Page 7770]]

       (ii) is leased, in whole or in part, by the Administrator 
     for use by the Federal Government--

       (I) except as provided in subclause (II), for a term of not 
     less than 5 years; or
       (II) for a term of less than 5 years, if the Administrator 
     determines that use of cost-effective technologies and 
     practices would result in the payback of expenses.

       (B) Inclusion.--The term ``GSA facility'' includes any 
     group of buildings, structures, or facilities described in 
     subparagraph (A) (including the associated energy-consuming 
     support systems of the buildings, structures, and 
     facilities).
       (C) Exemption.--The Administrator may exempt from the 
     definition of ``GSA facility'' under this paragraph a 
     building, structure, or facility that meets the requirements 
     of section 543(c) of Public Law 95-619 (42 U.S.C. 8253(c)).
                                 ______
                                 
      By Mrs. CLINTON (for herself and Mr. Dodd):
  S. 993. A bill to improve pediatric research; to the Committee on 
Health, Education, Labor, and Pensions.
  Mrs. CLINTON. Mr. President, today I am introducing the Pediatric 
Research Improvement Act, legislation to reauthorize the Pediatric Rule 
and extend it permanently. I believe that doing so is critically 
important to ensure that the drugs designed for children are safe and 
effective for children. This legislation will result in better health 
outcomes for our children, grandchildren, and many generations of 
children to come.
  In 1998, the FDA issued a regulation called the pediatric rule, which 
allowed the agency to require companies to perform pediatric clinical 
trials on medications used by children. It is important to note that 
this requirement does not slow the drug approval process. If a drug is 
not likely to be used in the pediatric population, it is not subject to 
this testing. Companies can also apply for a deferral, so that they can 
perform necessary tests after a drug has been approved and is being 
used in the adult population.
  In October 2002, a U.S. District Court found that the FDA had 
exceeded its statutory authority when it promulgated the Pediatric 
Rule, and that Congress needed to explicitly award the FDA the power to 
require these clinical trials.
  In response, I worked with my colleagues in Congress to pass the 
Pediatric Research Equity Act, legislation that codified the Pediatric 
Rule, and which was signed into law on December 3, 2003.
  Since 2003, over 100 drugs have been evaluated under PREA--and since 
1998, more than 1,000 drugs have fallen under the authority of the 
pediatric rule. The legislation has successfully resulted in increased 
pediatric evaluations. We've been able to collect data on drugs 
commonly used in children--like azithromycin, an antibiotic used to 
treat bronchitis, pneumonia, and other respiratory infections--as well 
as drugs that may not be so commonly used, but that help keep children 
alive, like emtriva, one of the newer drugs we have to treat AIDS.
  But unless we act to reauthorize this legislation now, the pediatric 
rule is set to sunset on September 30 of this year, placing in jeopardy 
the ability of the agency to require these safeguards for our children.
  In order to address this, I am introducing the Pediatric Research 
Improvement Act to remove the sunset for the pediatric rule, so that we 
will never again be in danger of losing the authority to make sure that 
the drugs designed for children are safe for children.
  In addition to making the rule permanent, this reauthorization would 
do the following:
  Improves Coordination between Pediatric Specialists and Others at the 
FDA. In order to improve coordination with the pediatric exclusivity 
provisions of the Best Pharmaceuticals for Children Act (BPCA), PRIA 
would expand an internal FDA committee to review all issues of 
pediatric-related labeling and assessments. Doing so ensures that a 
drug that falls under PRIA or BPCA is reviewed not only by experts for 
that particular drug, but those with pediatric expertise.
  Streamlines the process for obtaining pediatric data on already-
marketed drugs. If a company chooses not to pursue pediatric 
exclusivity for an already marketed drug under the Best Pharmaceuticals 
for Children Act, the Secretary has the authority to require the 
submission of pediatric data for the drug. This authority has never 
been utilized, in part due to the lengthy administrative process 
required. PRIA would streamline this administrative process and help 
get essential data on drugs for which it is vitally needed, while 
preserving the ability of companies to have a fair review of the 
agency's decisions.
  Increases Data about the Use and Applicability of PRIA. PRIA would 
require two reports--one from the Institute of Medicine and one from 
the GAO--that would allow us to have better data on the number and ways 
in which the pediatric rule is used, and evaluate its contributions to 
ensuring overall pediatric drug safety.
  This legislation is supported by the American Academy of Pediatrics, 
Elizabeth Glaser Pediatric AIDS Foundation, Ambulatory Pediatric 
Association, American Pediatric Society, Association of Medical School 
Pediatric Department Chairs, and the Society for Pediatric Research.
  I look forward to working with my colleagues in Congress to pass this 
vital piece of legislation as quickly as possible, and help to ensure 
that our pediatricians and other health professionals have the tools 
they need to provide safe and effective treatment to our Nation's 
children.
                                 ______
                                 
      By Mr. TESTER (for himself and Mr. Salazar):
  S. 994. A bill to amend title 38, United States Code, to eliminate 
the deductible and change the method of determining the mileage 
reimbursement rate under the beneficiary travel program administered by 
the Secretary of Veteran Affairs, and for other purposes; to the 
Committee on Veterans' Affairs.
  Mr. TESTER. Mr. President, today I am proud to introduce legislation 
that will go a long ways toward meeting our Nation's obligations to our 
rural veterans. The Disabled Fairness Act will make a real improvement 
in the lives of America's rural veterans--more than 17,000 of whom live 
in my State.
  For many veterans who live far from a VA hospital or community health 
center, transportation remains the single biggest obstacle to care. 
Today, disabled veterans are eligible to have only a small fraction of 
their transportation costs reimbursed. They must pay the first $18 per 
month out of their own pocket. And after that, they receive 
reimbursement at the rate of just 11 cents per mile--less than one-
quarter of the current rate of 48.5 cents per mile for Government 
employees. The reimbursement rate has not been changed since 1977. That 
is unacceptable.
  In Montana, we have several very good VA health clinics, as well as 
one of the best hospitals in the VA system, the Ft. Harrison Hospital 
in Helena. But the smaller clinics simply cannot provide all the 
services that Ft. Harrison offers. That is no complaint against these 
clinics, it is just a fact.
  So when a disabled veteran in my State gets in his car and drives 200 
miles from Havre to the Ft. Harrison VA hospital in Helena to receive 
treatment for an injury he suffered while defending our country, he 
will be reimbursed $4. On the way back, he will be eligible to be 
reimbursed $22. That is $26 total for a trip that the Federal 
Government estimates will actually cost $194. That is a slap in the 
face to someone whose life has been fundamentally altered by the wounds 
they suffered on the field of battle.
  In the last month, AAA reports that the price of gas in Montana has 
increased 36 cents over the last month. That means disabled veterans 
are spending much more of their own money to get to a VA hospital, 
especially in places like Montana, where a trip to the hospital can 
mean a journey of hundreds of miles.
  The Disabled Veterans Fairness Act ends this practice. My bill 
repeals the $18 per month deductible that disabled veterans must 
satisfy before they can be eligible for reimbursement for mileage 
traveled to and from a VA hospital for treatment. The bill also raises 
the reimbursement rate from the current level of 11 cents per mile to 
the prevailing rate for Federal employees, as

[[Page 7771]]

determined by the General Services Administration.
  I also want to thank Senator Salazar for his advice on this 
legislation. I am proud to have him as a cosponsor. He has worked so 
hard to improve the lives of rural veterans, and I look forward to 
supporting his efforts in the coming months as well.
                                 ______
                                 
      By Mrs. FEINSTEIN (for herself and Mrs. Boxer):
  S. 996. A bill to amend title 49, United States Code, to expand 
passenger facility fee eligibility for certain noise compatibility 
projects; to the Committee on Commerce, Science, and Transportation.
  Mrs. FEINSTEIN. Mr. President, I rise today to introduce legislation 
to allow the Los Angeles World Airports to provide the Lennox and 
Inglewood School Districts, which lie directly in the Los Angeles 
International Airport's flight path, with noise reduction funds.
  This bill would authorize the Los Angeles World Airports to allow the 
use of passenger facility fees for noise reduction projects at these 
schools.
  In 1980, the Lennox School District and the City of Los Angeles 
settled a lawsuit, allowing aircraft carrying up to 40 million people 
per year to fly overhead the schools. The City also agreed to provide 
approximately $2.5 million to the Lennox School District.
  Currently, an airplane flies a few hundred feet above the Lennox and 
Inglewood schools about every three minutes. The noise is deafening. It 
rattles windows, disrupts lessons, and makes it very difficult for 
these students to learn.
  In February 2005, the Lennox and Inglewood School Districts settled a 
lawsuit with the Los Angeles World Airports under which the Los Angeles 
International Airport agreed to provide the School Districts with more 
than $110 million in noise mitigation funds over 10 years. These funds 
are essential for the improvement of conditions at these schools.
  Unfortunately, the Federal Aviation Administration interpreted the 
1980 agreement and Federal law in a way that prevents the payment of 
the funds under the 2005 agreement.
  Thus, Federal legislation is necessary to allow the use of passenger 
facility fees for noise reduction projects at the Lennox and Inglewood 
schools. I am introducing legislation to do just this.
  This bill was drafted with the assistance of the Federal Aviation 
Administration, and it has the support of the Lennox and Inglewood 
School Districts, the Los Angeles World Airports, and the Los Angeles 
Mayor, Antonio Villaraigosa. My colleague in the House of 
Representatives, Congresswoman Jane Harman, will introduce this same 
bill today.
  I urge my colleagues to join me in supporting this non-controversial 
legislation that will allow for the use of passenger facility fees for 
noise reduction projects in the Lennox and Inglewood School Districts. 
I ask unanimous consent that the text of this legislation 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. 996

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

     SECTION 1. EXPANDED PASSENGER FACILITY FEE ELIGIBILITY FOR 
                   NOISE COMPATIBILITY PROJECTS.

       Section 40117(b) of title 49, United States Code, is 
     amended by adding at the end the following:
       ``(7) Noise mitigation for certain schools.--
       ``(A) In general.--In addition to the uses specified in 
     paragraphs (1), (4), and (6), the Secretary may authorize a 
     passenger facility fee imposed under paragraph (1) or (4) at 
     a large hub airport that is the subject of an amended 
     judgment and final order in condemnation filed on January 7, 
     1980, by the Superior Court of the State of California for 
     the county of Los Angeles, to be used for a project to carry 
     out noise mitigation for a building, or for the replacement 
     of a relocatable building with a permanent building, in the 
     noise impacted area surrounding the airport at which such 
     building is used primarily for educational purposes, 
     notwithstanding the air easement granted or any terms to the 
     contrary in such judgment and final order, if--
       ``(i) the Secretary determines that the building is 
     adversely affected by airport noise;
       ``(ii) the building is owned or chartered by the school 
     district that was the plaintiff in case number 986,442 or 
     986,446, which was resolved by such judgment and final order;
       ``(iii) the project is for a school identified in 1 of the 
     settlement agreements effective February 16, 2005, between 
     the airport and each of the school districts;
       ``(iv) in the case of a project to replace a relocatable 
     building with a permanent building, the eligible project 
     costs are limited to the actual structural construction costs 
     necessary to mitigate aircraft noise in instructional 
     classrooms to an interior noise level meeting current 
     standards of the Federal Aviation Administration; and
       ``(v) the project otherwise meets the requirements of this 
     section for authorization of a passenger facility fee.
       ``(B) Eligible project costs.--In subparagraph (A)(iv), the 
     term `eligible project costs' means the difference between 
     the cost of standard school construction and the cost of 
     construction necessary to mitigate classroom noise to the 
     standards of the Federal Aviation Administration.''.
                                 ______
                                 
      By Mr. STEVENS (for himself and Ms. Landrieu):
  S. 1000. A bill to enhance the Federal Telework Program; to the 
Committee on Homeland Security and Governmental Affairs.
  Mr. STEVENS. Mr. President, today I am joined by Senator Landrieu in 
introducing the Telework Enhancement Act of 2007. This legislation will 
build on the existing Federal telework program to ensure maximum 
participation in the program among those in the Federal workforce. This 
measure will improve the cost-efficiency of the Federal Government and 
will also serve to reduce traffic congestion and thereby save fuel and 
greenhouse gas emissions. It will also enhance efforts by the Federal 
Government with respect to continuity of operations, COOP, provide 
employee incentives to attract and retain highly skilled Federal 
personnel, and provide a model for the private sector.
  In 2000, the key legislation affecting telework in the Federal 
Government was signed into law as part of that year's highway bill. The 
enacted provision provided that ``each executive agency . . . establish 
a policy under which eligible employees of the agency may participate 
in telecommuting to the maximum extent possible without diminished 
employee performance.'' The measure was intended to apply to 25 percent 
of the Federal workforce, and to an additional 25 percent of the 
workforce each year thereafter.
  The objective of that measure, as outlined in the bill's conference 
report, was to ``reduce traffic congestion'' and to allow Federal 
employees to telework to the maximum extent possible. The Report also 
made clear that each Federal agency was to establish telework criteria, 
and remove any ``managerial, logistical, organizational, or other 
barriers to full implementation and successful functioning of the 
policy. . . and provide for adequate administrative, human resources, 
technical, and logistical support for carrying out the policy.''
  The lead agencies that have carried out this telework mandate are 
Office of Personnel Management, OPM, and the General Services 
Administration, GSA. Together these agencies formed a common Web site 
www.telework.gov to facilitate the advancement of the program, which 
has had a degree of success. As of 2004, of the 1.7 million Federal 
employees in the 82 agencies, 752,337 had been deemed eligible for 
telework, which was an increase from 521,542 in 2001. But despite a 
very loose definition of ``telework,'' which only requires that an 
employee work from home 1 day per week to be considered a 
``teleworker,'' 140,694, or 19 percent of those eligible, were deemed 
as having teleworked in 2004. Critics argue that this low percentage of 
teleworkers comparable to the much larger pool of telework-eligible 
employees can be attributed to insufficient employee education, program 
coordination, and workforce culture issues.
  While OPM and GSA should be commended for the strides they have made 
in implementing the Federal telework program, there are several 
enhancements to the program that can be made legislatively to 
facilitate the original goal of maximizing telework among eligible 
Federal employees.

[[Page 7772]]

  The bill we introduce today would, among other things: invert the 
telework eligibility presumption to make all Federal employees eligible 
unless expressly determined otherwise; revise the definition of 
``telework'' to be an arrangement where the employee regularly works at 
an alternate site at least 2 business days per week in order to reduce 
his/her commute, the current definition only requires 1 day; require 
that each agency designate a full-time Telework Managing Officer, TMO, 
within the agency's chief administrative office, or comparable agency 
office, to oversee the respective agency's telework program; require 
that the TMO coordinate the telework policy for the agency or office, 
serve as the liaison between employees and managers, and keep employees 
informed of their telework eligibility; require the TMO to work to 
expand the agency's telework program, oversee the COOP program, and 
develop a telework performance and accountability system; require the 
TMO to submit a report to the head of the agency annually with an 
analysis of measures in place to carry out the telework policy; and 
require the Government Accountability Office, GAO, to evaluate each 
agency's telework policy, and publish a report that rates each policy 
and the level of employee participation.
  The events of September 11, 2001, the anthrax attacks that occurred 
shortly thereafter, and the recent severe weather experienced across 
the country have focused our attention on the importance of energy 
independence, as well as our need to be prepared in the event of a 
disaster. This legislation would be a step toward achieving these 
broader national strategic objectives, and I urge my colleagues to 
support it.
  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. 1000

       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 ``Telework Enhancement Act of 
     2007''.

     SEC. 2. FEDERAL GOVERNMENT TELEWORK REQUIREMENT.

       (a) In General.--
       (1) Eligibility.--Within 1 year after the date of enactment 
     of this Act, the head of each Executive agency shall 
     establish a policy under which each employee of the agency, 
     except as provided in subsection (d), shall be eligible to 
     participate in telework.
       (2) Participation policy.--The policy shall ensure that 
     eligible employees participate in telework to the maximum 
     extent possible without diminishing employee performance or 
     agency operations.
       (b) Application to Judicial Branch Employees.--Within 1 
     year after the date of enactment of this Act, the Chief 
     Justice of the United States shall establish a policy for 
     employees of the judicial branch under which such employees, 
     except employees designated by the Chief Justice as employees 
     to whom the policy does not apply, shall participate in 
     telework to the maximum extent possible without diminishing 
     employee performance or judicial operations.
       (c) Application to Legislative Branch Employees.--
       (1) House of Representatives.--Within 1 year after the date 
     of enactment of this Act, the Speaker of the House of 
     Representatives, in consultation with the Minority Leader of 
     the House, shall establish a policy for employees of the 
     House of Representatives under which such employees, except 
     employees designated by the Speaker as employees to whom the 
     policy does not apply, shall participate in telework to the 
     maximum extent possible without diminishing employee 
     performance or House operations.
       (2) Senate.--Within 1 year after the date of enactment of 
     this Act, the Majority Leader of the Senate, in consultation 
     with the Minority Leader of the Senate, shall establish a 
     policy for employees of the Senate under which such 
     employees, except employees designated by the Majority Leader 
     as employees to whom the policy does not apply, shall 
     participate in telework to the maximum extent possible 
     without diminishing employee performance or Senate 
     operations.
       (3) Other Legislative Branch Employees.--Within 1 year 
     after the date of enactment of this Act, the Speaker of the 
     House of Representatives and the Majority Leader of the 
     Senate jointly shall establish a policy for employees of the 
     legislative branch who are not employees of either House 
     under which such employees, except employees designated by 
     the Speaker and the Majority Leader as employees to whom the 
     policy does not apply, shall participate in telework to the 
     maximum extent possible without diminishing employee 
     performance or legislative branch operations.
       (d) Ineligible Employees.--
       (1) Executive agencies.--Subsection (a)(1) does not apply 
     to executive agency employees--
       (A) whose duties involve the daily handling of secure 
     materials, necessary contact with special equipment, or daily 
     physical presence;
       (B) who are assigned to national security or intelligence 
     functions; or
       (C) whose functions are otherwise inappropriate for 
     teleworking and which are designated by the head of the 
     agency as functions to which the policy does not apply.
       (2) Judicial and legislative branch employees.--The Chief 
     Justice and the officers of the Senate and House of 
     Representatives described in subsection (c) may designate as 
     ineligible to participate in telework employees whose duties 
     are the same as, or similar to, the duties described in 
     paragraph (1).

     SEC. 3. TRAINING AND MONITORING.

       The head of each executive agency shall ensure that--
       (1) telework training is incorporated in the agency's new 
     employee orientation procedures;
       (2) periodic employee reviews are conducted for all 
     employees, including those described in section 1(a)(3), to 
     ascertain whether telework is appropriate for the employee's 
     job description and the extent to which it is being utilized 
     by the employee.

     SEC. 4. TELEWORK MANAGING EMPLOYEE.

       (a) In General.--The head of each executive agency, the 
     Chief Justice, the Speaker of the House of Representatives, 
     and the Majority Leader of the Senate shall appoint a full 
     time senior level employee of the agency, the judicial 
     branch, the House of Representatives, and the Senate, 
     respectively as the Telework Managing Officer. The Telework 
     Managing Office shall be established within the office of the 
     chief administrative officer or a comparable office with 
     similar functions.
       (b) Duties.--The Telework Managing Officer shall--
       (1) serve as liaison between employees engaged in 
     teleworking and their employing entity;
       (2) ensure that the organization's telework policy is 
     communicated effectively to employees;
       (3) encourage all eligible employees to engage in telework 
     to the maximum practicable extent consistent with meeting 
     performance requirements and maintaining operations;
       (4) assist the head of the agency in the development and 
     maintenance of agencywide telework policies;
       (5) educate administrative units on telework policies, 
     programs, and training courses;
       (6) provide written notification to all employees of 
     specific telework programs and employee eligibility;
       (7) focus on expanding and monitoring agency telework 
     programs;
       (8) recommend and oversee telework-specific pilot programs 
     for employees and managers, including tracking performance 
     and monitoring activities;
       (9) promote teleconferencing devices;
       (10) develop monthly productivity awards for teleworkers;
       (11) develop and administer a telework performance 
     reporting system; and
       (12) assist the head of the agency in designating employees 
     to telework to continue agency operations in the event of a 
     major disaster (as defined in section 102 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5122)).
       (c) Report.--The Telework Managing Officer shall submit a 
     report to the head of the employing agency, the Chief 
     Justice, the Speaker of the House of Representatives, or the 
     Majority Leader of the Senate, as the case may be, and the 
     Comptroller General at least once every 12 months that 
     includes a statement of the applicable telework policy, a 
     description of measures in place to carry out the policy, and 
     an analysis of the participation by employees of the entity 
     in teleworking during the preceding 12-month period.

     SEC. 5. ANNUAL TELEWORK AGENCY RATING.

       (a) In General.--The Comptroller General shall establish a 
     system for evaluating--
       (1) the telework policy of each executive agency, the 
     judicial branch, and the legislative branch; and
       (2) on an annual basis the participation in teleworking by 
     their employees.
       (b) Report.--The Comptroller General shall publish a report 
     each year rating--
       (1) the telework policy of each entity to which this Act 
     applies;
       (2) the degree of participation by employees of each such 
     entity in teleworking during the 12-month period covered by 
     the report; and
       (3) for each executive agency--
       (A) the number of employees in the agency;
       (B) the number of those employees who are eligible to 
     telework;
       (C) the number of employees who engage on a regular basis 
     in teleworking; and
       (D) the number of employees who engage on an occasional or 
     sporadic basis in teleworking.

[[Page 7773]]



     SEC. 7 DEFINITIONS.

       In this Act:
       (1) Employee.--The term ``employee'' has the meaning given 
     that term by section 8101(1) of title 5, United States Code, 
     but does not include--
       (A) justices of the Supreme Court, judges of Courts of 
     Appeals, or judges of the District Courts;
       (B) a Member of the United States House of Representatives; 
     or
       (C) a United States Senator.
       (2) Executive agency.--The term ``Executive agency'' has 
     the meaning given that term by section 105 of title 5, United 
     States Code.
       (3) Telework.--The term ``telework'' means a work 
     arrangement in which an employee regularly performs 
     officially assigned duties at home or other worksites 
     geographically convenient to the residence of the employee 
     that--
       (A) reduces or eliminates the employee's commute between 
     his or her residence and his or her place of employment; and
       (B) occurs at least 2 business days per week on a recurring 
     basis.
  Mr. KENNEDY. Mr. President, stroke is a devastating disease that 
affects young and old, women and men, regardless of their race or 
ethnic background. The physical, emotional, and financial toll of 
stroke on individuals and their families is enormous.
  Fortunately, we have achieved major advances in the prevention and 
treatment of stroke in recent years that have reduced the high toll of 
death and disability. The Nation's investment in research through the 
National Institutes of Health has led to many of these advances, and 
it's tragic that so many stroke patients do not yet have access to 
these advances.
  That's why Senator Cochran and I have introduced the bipartisan 
Stroke Treatment and Ongoing Prevention Act in Congress, to help bring 
what we've learned in the laboratory to the bedside of the patient more 
quickly. Both Houses of Congress know the importance of this issue, and 
identical legislation has been introduced in the House of 
Representatives. This bill is intended to become a national commitment 
to end the suffering from stroke. It will also be a promise that every 
American can lead a better and healthier life.
                                 ______
                                 
      By Mr. KENNEDY (for himself, Mr. Kerry, Mrs. Boxer, Mr. Harkin, 
        Mr. Lautenberg, Mr. Dodd, Mr. Lieberman, Mrs. Feinstein, Ms. 
        Mikulski, Mr. Brown, Mr. Durbin, Mr. Schumer, Ms. Cantwell, Mr. 
        Biden, Mr. Levin, Mr. Menendez, Mrs. Murray, Mrs. Clinton, Mr. 
        Feingold, Ms. Stabenow, and Mr. Whitehouse):
  S.J. Res. 10. A joint resolution proposing an amendment to the 
Constitution of the United States relative to equal rights for men and 
women; to the Committee on the Judiciary.
  Mr. KENNEDY. Mr. President, it's a privilege to join my colleagues in 
reintroducing the Equal Rights Amendment to the Constitution. Our 
strong commitment to equal rights for men and women should be clearly 
reflected in the Nation's founding document.
  The ERA is essential to guarantee that the freedoms protected by our 
Constitution apply equally to men and women. From the beginning of our 
history as a Nation, women have had to wage a constant, long and 
difficult battle to win the same basic rights granted to men. That 
battle goes on today, since discrimination still continues in many 
ways.
  Despite passage of the Equal Pay Act and the Civil Rights Act in the 
1960s, discrimination against women continues to permeate the workforce 
and many areas of the economy. Today, women earn about 77 cents for 
each dollar earned by men, and the gap is even greater for women of 
color. In 2004, African American women earned only 67 percent of the 
earnings of white men, and Hispanic women earned only 56 percent.
  Women with college and professional degrees have achieved advances in 
a number of professional and managerial occupations in recent years. 
Yet more than 60 percent of working women are still clustered in a 
narrow range of traditionally female, traditionally low-paying 
occupations, and female-headed households continue to dominate the 
bottom rungs of the economic ladder.
  A stronger effort is clearly needed to finally live up to our 
commitment of full equality. The Equal Rights Amendment alone cannot 
remedy all discrimination, but it will clearly strengthen the ongoing 
efforts of women across the country to obtain equal treatment.
  We know from the failed ratification experiences of the past that 
amending the Constitution to include the ERA will not be easy to 
achieve. But its extraordinary significance requires us to continue the 
battle to finally see it approved by Congress and ratified by the 
States. The women of America deserve no less.
  I ask unanimous consent that the text of the resolution be printed in 
the Record.
  There being no objection, the joint resolution was ordered to be 
printed in the Record, as follows:

                              S.J. Res. 10

       Resolved by the Senate and House of Representatives of the 
     United States of America in Congress assembled (two-thirds of 
     each House concurring therein), That the following article is 
     proposed as an amendment to the Constitution of the United 
     States, which shall be valid to all intents and purposes as 
     part of the Constitution when ratified by the legislatures of 
     three-fourths of the several States:

                              ``Article--

       ``Section 1. Equality of rights under the law shall not be 
     denied or abridged by the United States or by any State on 
     account of sex.
       ``Section 2. The Congress shall have the power to enforce, 
     by appropriate legislation, the provisions of this article.
       ``Section 3. This article shall take effect 2 years after 
     the date of ratification.''.

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