[Congressional Record (Bound Edition), Volume 153 (2007), Part 6]
[Senate]
[Pages 8339-8393]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. KOHL (for himself, Mr. Specter, Mr. Leahy, Mr. Kyl, and 
        Mr. Schumer):
  S. 1027. A bill to prevent tobacco smuggling, to ensure the 
collection of all tobacco taxes, and for other purposes; to the 
Committee on the Judiciary.

  Mr. KOHL. Mr. President, I rise today to introduce the Prevent All 
Cigarette Trafficking (PACT) Act with Senators Specter, Leahy, Kyl, and 
Schumer.
  As the problem of cigarette trafficking continues to worsen, we must 
provide law enforcement officials with the tools they need to crack 
down on cigarette trafficking. The PACT Act closes loopholes in current 
tobacco trafficking laws, enhances penalties for violations, and 
provides law enforcement with new tools to combat the innovative new 
methods being used by cigarette traffickers to distribute their 
products. Each day we delay its passage, terrorists and criminals raise 
more money, States lose significant amounts of tax revenue, and kids 
have easy access to tobacco products sold over the internet.
  The cost to Americans is not merely financial. Tobacco smuggling also 
poses a significant threat to innocent people around the world. It has 
developed into a popular, and highly profitable, means of generating 
revenue for criminal and terrorist organizations. Hezbollah, for 
example, earned $1.5 million between 1996 and 2000 by engaging in 
tobacco trafficking in the United States. Al Qaeda and Hamas have also 
generated significant revenue from the sale of counterfeit cigarettes. 
That money is often raised right here in the United States, and it is 
then funneled back to these international terrorist groups. Cutting off 
financial support to terrorist groups is an integral part of protecting 
this country against future attacks, and it was an important 
recommendation of the 9/11 Commission. We can no longer continue to let 
terrorist organizations exploit weaknesses in our tobacco laws to 
generate significant amounts of money. The cost of doing nothing is too 
great.
  This is not a minor problem. Cigarette smuggling is a multibillion 
dollar a year phenomenon and is getting worse. In 1998, the Bureau of 
Alcohol, Tobacco, Firearms and Explosives (BATFE) had six active 
tobacco smuggling investigations. In 2005, that number swelled to 452.
  The number of cases alone, however, does not sufficiently put this 
problem into perspective. The amount of money involved is truly 
astonishing. Cigarette trafficking, including the illegal sale of 
tobacco products over the internet, costs States billions of dollars in 
lost tax revenue each year. It is estimated that $3.8 billion of tax 
revenue were lost, at the Federal and State level, in 2004 to tobacco 
smuggling. As lost tobacco tax revenue lines the pockets of criminals 
and terrorist groups, States are being forced to increase college 
tuition and restrict access to other public programs because of lost 
revenues. Tobacco smuggling may provide some with cheap access to 
cigarettes, but those cheap cigarettes are coming at a significant cost 
to the rest of us.
  According to the Government Accountability Office (GAO), cigarette 
trafficking investigations are growing more and more complex, and take 
longer to resolve. More people are selling cigarettes illegally, and 
they are getting better at it. As these cases become more difficult to 
crack, we owe it to law enforcement officials to do our part to lend a 
helping hand. The PACT Act does that by enhancing BATFE's authority to 
enter premises to investigate and enforce cigarette trafficking laws. 
It also increases penalties for cigarette trafficking. Unless these 
existing laws are strengthened, traffickers will continue to operate 
with near impunity.
  Just as important, though, we must enable our country's law 
enforcement officials to combat the cigarette smugglers of the 21st 
century. The internet represents a new obstacle to enforcement. Illegal 
tobacco vendors around the world evade detection by conducting 
transactions over the internet, and then shipping their illegal 
products around the country to consumers. Just a few years ago, there 
were less than 100 vendors selling cigarettes online. Today, 
approximately 500 vendors sell illegal tobacco products over the 
internet.
  Without new and innovative enforcement methods, law enforcement will 
not be able to effectively address the growing challenges facing them 
today. The PACT Act sets out to do just that by empowering States to go 
after out-of-State sellers who are violating their tax laws and by 
cutting off their method of delivery. A significant part of this 
problem involves the shipment of contraband cigarettes through the 
United States Postal Service (USPS). This bill would cut off online 
vendors' access to the USPS. We would treat cigarettes just like we 
treat alcohol, making it illegal to ship them through the U.S. mails 
and cutting off a large portion of the delivery system.
  In addition, it would facilitate cooperation between law enforcement 
and private carriers, who are sometimes the unwitting delivery arm of 
these tobacco traffickers. The bill authorizes the Attorney General to 
compile a list of sellers who are engaging in illegal cigarette sales, 
and that list would be distributed to private carriers, like UPS and 
FedEx. Providing this information to these companies, who have already 
begun to cooperate with law enforcement in this area, would then be 
empowered to cut off shipments for those of their customers who are 
engaging in tobacco smuggling.
  The PACT Act is a comprehensive bill to put these illegal smugglers 
out of business. It enjoys the strong support of tobacco companies, law 
enforcement officials, and the public health community. The bill 
contains important authorities that will enable our federal, state, and 
local law enforcement officials to crack down on cigarette trafficking, 
and thereby close off a very lucrative funding stream for international 
terrorist groups and other criminal enterprises. I urge my colleagues 
to support this important legislation.
  I ask unanimous consent that the text of the legislation be printed 
in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 1027

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

     SECTION 1. SHORT TITLE; FINDINGS; PURPOSES.

       (a) Short Title.--This Act may be cited as the ``Prevent 
     All Cigarette Trafficking Act of 2007'' or ``PACT Act''.

[[Page 8340]]

       (b) Findings.--Congress finds that--
       (1) the sale of illegal cigarettes and smokeless tobacco 
     products significantly reduces Federal, State, and local 
     government revenues, with Internet sales alone accounting for 
     billions of dollars of lost Federal, State, and local tobacco 
     tax revenue each year;
       (2) Hezbollah, Hamas, al Qaeda, and other terrorist 
     organizations have profited from trafficking in illegal 
     cigarettes or counterfeit cigarette tax stamps;
       (3) terrorist involvement in illicit cigarette trafficking 
     will continue to grow because of the large profits such 
     organizations can earn;
       (4) the sale of illegal cigarettes and smokeless tobacco 
     over the Internet, and through mail, fax, or phone orders, 
     make it cheaper and easier for children to obtain tobacco 
     products;
       (5) the majority of Internet and other remote sales of 
     cigarettes and smokeless tobacco are being made without 
     adequate precautions to protect against sales to children, 
     without the payment of applicable taxes, and without 
     complying with the nominal registration and reporting 
     requirements in existing Federal law;
       (6) unfair competition from illegal sales of cigarettes and 
     smokeless tobacco is taking billions of dollars of sales away 
     from law-abiding retailers throughout the United States;
       (7) with rising State and local tobacco tax rates, the 
     incentives for the illegal sale of cigarettes and smokeless 
     tobacco have increased;
       (8) the number of active tobacco investigations being 
     conducted by the Bureau of Alcohol, Tobacco, Firearms, and 
     Explosives rose to 452 in 2005;
       (9) the number of Internet vendors in the United States and 
     in foreign countries that sell cigarettes and smokeless 
     tobacco to buyers in the United States has increased from 
     only about 40 in 2000 to more than 500 in 2005; and
       (10) the intrastate sale of illegal cigarettes and 
     smokeless tobacco over the Internet has a substantial effect 
     on interstate commerce.
       (c) Purposes.--It is the purpose of this Act to--
       (1) require Internet and other remote sellers of cigarettes 
     and smokeless tobacco to comply with the same laws that apply 
     to law-abiding tobacco retailers;
       (2) create strong disincentives to illegal smuggling of 
     tobacco products;
       (3) provide government enforcement officials with more 
     effective enforcement tools to combat tobacco smuggling;
       (4) make it more difficult for cigarette and smokeless 
     tobacco traffickers to engage in and profit from their 
     illegal activities;
       (5) increase collections of Federal, State, and local 
     excise taxes on cigarettes and smokeless tobacco; and
       (6) prevent and reduce youth access to inexpensive 
     cigarettes and smokeless tobacco through illegal Internet or 
     contraband sales.

     SEC. 2. COLLECTION OF STATE CIGARETTE AND SMOKELESS TOBACCO 
                   TAXES.

       (a) Definitions.--The Act of October 19, 1949 (15 U.S.C. 
     375 et seq.; commonly referred to as the ``Jenkins Act'') 
     (referred to in this Act as the ``Jenkins Act''), is amended 
     by striking the first section and inserting the following:

     ``SECTION 1. DEFINITIONS.

       ``As used in this Act, the following definitions apply:
       ``(1) Attorney general.--The term `attorney general', with 
     respect to a State, means the attorney general or other chief 
     law enforcement officer of the State, or the designee of that 
     officer.
       ``(2) Cigarette.--
       ``(A) In general.--For purposes of this Act, the term 
     `cigarette' shall--
       ``(i) have the same meaning given that term in section 2341 
     of title 18, United States Code; and
       ``(ii) include `roll-your-own tobacco' (as that term is 
     defined in section 5702 of the Internal Revenue Code of 
     1986).
       ``(B) Exception.--For purposes of this Act, the term 
     `cigarette' does not include a `cigar,' as that term is 
     defined in section 5702 of the Internal Revenue Code of 1986.
       ``(3) Common carrier.--The term `common carrier' means any 
     person (other than a local messenger service or the United 
     States Postal Service) that holds itself out to the general 
     public as a provider for hire of the transportation by water, 
     land, or air of merchandise, whether or not the person 
     actually operates the vessel, vehicle, or aircraft by which 
     the transportation is provided, between a port or place and a 
     port or place in the United States.
       ``(4) Consumer.--The term `consumer' means any person that 
     purchases cigarettes or smokeless tobacco, but does not 
     include any person lawfully operating as a manufacturer, 
     distributor, wholesaler, or retailer of cigarettes or 
     smokeless tobacco.
       ``(5) Delivery sale.--The term `delivery sale' means any 
     sale of cigarettes or smokeless tobacco to a consumer if--
       ``(A) the consumer submits the order for such sale by means 
     of a telephone or other method of voice transmission, the 
     mails, or the Internet or other online service, or the seller 
     is otherwise not in the physical presence of the buyer when 
     the request for purchase or order is made; or
       ``(B) the cigarettes or smokeless tobacco are delivered by 
     use of a common carrier, private delivery service, or the 
     mails, or the seller is not in the physical presence of the 
     buyer when the buyer obtains possession of the cigarettes or 
     smokeless tobacco.
       ``(6) Delivery seller.--The term `delivery seller' means a 
     person who makes a delivery sale.
       ``(7) Indian country.--The term `Indian country' has the 
     meaning given that term in section 1151 of title 18, United 
     States Code, except that within the State of Alaska that term 
     applies only to the Metlakatla Indian Community, Annette 
     Island Reserve.
       ``(8) Indian tribe.--The term `Indian tribe', `tribe', or 
     `tribal' refers to an Indian tribe as defined in section 4(e) 
     of the Indian Self-Determination and Education Assistance Act 
     (25 U.S.C. 450b(e)) or as listed pursuant to section 104 of 
     the Federally Recognized Indian Tribe List Act of 1994 (25 
     U.S.C. 479a-1).
       ``(9) Interstate commerce.--The term `interstate commerce' 
     means commerce between a State and any place outside the 
     State, commerce between a State and any Indian country in the 
     State, or commerce between points in the same State but 
     through any place outside the State or through any Indian 
     country.
       ``(10) Person.--The term `person' means an individual, 
     corporation, company, association, firm, partnership, 
     society, State government, local government, Indian tribal 
     government, governmental organization of such government, or 
     joint stock company.
       ``(11) State.--The term `State' means each of the several 
     States of the United States, the District of Columbia, the 
     Commonwealth of Puerto Rico, or any territory or possession 
     of the United States.
       ``(12) Smokeless tobacco.--The term `smokeless tobacco' 
     means any finely cut, ground, powdered, or leaf tobacco, or 
     other product containing tobacco, that is intended to be 
     placed in the oral or nasal cavity or otherwise consumed 
     without being combusted.
       ``(13) Tobacco tax administrator.--The term `tobacco tax 
     administrator' means the State, local, or tribal official 
     duly authorized to collect the tobacco tax or administer the 
     tax law of a State, locality, or tribe, respectively.
       ``(14) Use.--The term `use', in addition to its ordinary 
     meaning, means the consumption, storage, handling, or 
     disposal of cigarettes or smokeless tobacco.''.
       (b) Reports to State Tobacco Tax Administrators.--Section 2 
     of the Jenkins Act (15 U.S.C. 376) is amended--
       (1) by striking ``cigarettes'' each place it appears and 
     inserting ``cigarettes or smokeless tobacco'';
       (2) in subsection (a)--
       (A) in the matter preceding paragraph (1)--
       (i) by inserting ``Contents.--''after ``(a)''
       (ii) by striking ``or transfers'' and inserting ``, 
     transfers, or ships'';
       (iii) by inserting ``, locality, or Indian country of an 
     Indian tribe'' after ``a State'';
       (iv) by striking ``to other than a distributor licensed by 
     or located in such State,''; and
       (v) by striking ``or transfer and shipment'' and inserting 
     ``, transfer, or shipment'';
       (B) in paragraph (1)--
       (i) by striking ``with the tobacco tax administrator of the 
     State'' and inserting ``with the Attorney General of the 
     United States and with the tobacco tax administrators of the 
     State and place''; and
       (ii) by striking ``; and'' and inserting the following: ``, 
     as well as telephone numbers for each place of business, a 
     principal electronic mail address, any website addresses, and 
     the name, address, and telephone number of an agent in the 
     State authorized to accept service on behalf of such 
     person;'';
       (C) in paragraph (2), by striking ``and the quantity 
     thereof.'' and inserting ``the quantity thereof, and the 
     name, address, and phone number of the person delivering the 
     shipment to the recipient on behalf of the delivery seller, 
     with all invoice or memoranda information relating to 
     specific customers to be organized by city or town and by zip 
     code; and''; and
       (D) by adding at the end the following:
       ``(3) with respect to each memorandum or invoice filed with 
     a State under paragraph (2), also file copies of such 
     memorandum or invoice with the tobacco tax administrators and 
     chief law enforcement officers of the local governments and 
     Indian tribes operating within the borders of the State that 
     apply their own local or tribal taxes on cigarettes or 
     smokeless tobacco.'';
       (3) in subsection (b)--
       (A) by inserting ``Presumptive Evidence.--'' after ``(b)'';
       (B) by striking ``(1) that'' and inserting ``that''; and
       (C) by striking ``, and (2)'' and all that follows and 
     inserting a period; and
       (4) by adding at the end the following:
       ``(c) Use of Information.--A tobacco tax administrator or 
     chief law enforcement officer who receives a memorandum or 
     invoice under paragraph (2) or (3) of subsection (a) shall 
     use such memorandum or invoice solely for the purposes of the 
     enforcement of this Act and the collection of any taxes owed 
     on related sales of cigarettes and smokeless tobacco, and 
     shall keep confidential any personal information in such 
     memorandum or invoice not otherwise required for such 
     purposes.''.

[[Page 8341]]

       (c) Requirements for Delivery Sales.--The Jenkins Act is 
     amended by inserting after section 2 the following:

     ``SEC. 2A. DELIVERY SALES.

       ``(a) In General.--With respect to delivery sales into a 
     specific State and place, each delivery seller shall comply 
     with--
       ``(1) the shipping requirements set forth in subsection 
     (b);
       ``(2) the recordkeeping requirements set forth in 
     subsection (c);
       ``(3) all State, local, tribal, and other laws generally 
     applicable to sales of cigarettes or smokeless tobacco as if 
     such delivery sales occurred entirely within the specific 
     State and place, including laws imposing--
       ``(A) excise taxes;
       ``(B) licensing and tax-stamping requirements;
       ``(C) restrictions on sales to minors; and
       ``(D) other payment obligations or legal requirements 
     relating to the sale, distribution, or delivery of cigarettes 
     or smokeless tobacco; and
       ``(4) the tax collection requirements set forth in 
     subsection (d).
       ``(b) Shipping and Packaging.--
       ``(1) Required statement.--For any shipping package 
     containing cigarettes or smokeless tobacco, the delivery 
     seller shall include on the bill of lading, if any, and on 
     the outside of the shipping package, on the same surface as 
     the delivery address, a clear and conspicuous statement 
     providing as follows: `CIGARETTES/SMOKELESS TOBACCO: FEDERAL 
     LAW REQUIRES THE PAYMENT OF ALL APPLICABLE EXCISE TAXES, AND 
     COMPLIANCE WITH APPLICABLE LICENSING AND TAX-STAMPING 
     OBLIGATIONS'.
       ``(2) Failure to label.--Any shipping package described in 
     paragraph (1) that is not labeled in accordance with that 
     paragraph shall be treated as nondeliverable matter by a 
     common carrier or other delivery service, if the common 
     carrier or other delivery service knows or should know the 
     package contains cigarettes or smokeless tobacco. If a common 
     carrier or other delivery service believes a package is being 
     submitted for delivery in violation of paragraph (1), it may 
     require the person submitting the package for delivery to 
     establish that it is not being sent in violation of paragraph 
     (1) before accepting the package for delivery. Nothing in 
     this paragraph shall require the common carrier or other 
     delivery service to open any package to determine its 
     contents.
       ``(3) Weight restriction.--A delivery seller shall not 
     sell, offer for sale, deliver, or cause to be delivered in 
     any single sale or single delivery any cigarettes or 
     smokeless tobacco weighing more than 10 pounds.
       ``(4) Age verification.--
       ``(A) In general.--Notwithstanding any other provision of 
     law, a delivery seller who mails or ships tobacco products--
       ``(i) shall not sell, deliver, or cause to be delivered any 
     tobacco products to a person under the minimum age required 
     for the legal sale or purchase of tobacco products, as 
     determined by the applicable law at the place of delivery;
       ``(ii) shall use a method of mailing or shipping that 
     requires--

       ``(I) the purchaser placing the delivery sale order, or an 
     adult who is at least the minimum age required for the legal 
     sale or purchase of tobacco products, as determined by the 
     applicable law at the place of delivery, to sign to accept 
     delivery of the shipping container at the delivery address; 
     and
       ``(II) the person who signs to accept delivery of the 
     shipping container to provide proof, in the form of a valid, 
     government-issued identification bearing a photograph of the 
     individual, that the person is at least the minimum age 
     required for the legal sale or purchase of tobacco products, 
     as determined by the applicable law at the place of delivery; 
     and

       ``(iii) shall not accept a delivery sale order from a 
     person without--

       ``(I) obtaining the full name, birth date, and residential 
     address of that person; and
       ``(II) verifying the information provided in subclause (I), 
     through the use of a commercially available database or 
     aggregate of databases, consisting primarily of data from 
     government sources, that are regularly used by government and 
     businesses for the purpose of age and identity verification 
     and authentication, to ensure that the purchaser is at least 
     the minimum age required for the legal sale or purchase of 
     tobacco products, as determined by the applicable law at the 
     place of delivery.

       ``(B) Limitation.--No database being used for age and 
     identity verification under subparagraph (A)(iii) shall be in 
     the possession or under the control of the delivery seller, 
     or be subject to any changes or supplementation by the 
     delivery seller.
       ``(c) Records.--
       ``(1) In general.--Each delivery seller shall keep a record 
     of any delivery sale, including all of the information 
     described in section 2(a)(2), organized by the State, and 
     within such State, by the city or town and by zip code, into 
     which such delivery sale is so made.
       ``(2) Record retention.--Records of a delivery sale shall 
     be kept as described in paragraph (1) in the year in which 
     the delivery sale is made and for the next 4 years.
       ``(3) Access for officials.--Records kept under paragraph 
     (1) shall be made available to tobacco tax administrators of 
     the States, to local governments and Indian tribes that apply 
     their own local or tribal taxes on cigarettes or smokeless 
     tobacco, to the attorneys general of the States, to the chief 
     law enforcement officers of such local governments and Indian 
     tribes, and to the Attorney General of the United States in 
     order to ensure the compliance of persons making delivery 
     sales with the requirements of this Act.
       ``(d) Delivery.--
       ``(1) In general.--Except as provided in paragraph (2), no 
     delivery seller may sell or deliver to any consumer, or 
     tender to any common carrier or other delivery service, any 
     cigarettes or smokeless tobacco pursuant to a delivery sale 
     unless, in advance of the sale, delivery, or tender--
       ``(A) any cigarette or smokeless tobacco excise tax that is 
     imposed by the State in which the cigarettes or smokeless 
     tobacco are to be delivered has been paid to the State;
       ``(B) any cigarette or smokeless tobacco excise tax that is 
     imposed by the local government of the place in which the 
     cigarettes or smokeless tobacco are to be delivered has been 
     paid to the local government; and
       ``(C) any required stamps or other indicia that such excise 
     tax has been paid are properly affixed or applied to the 
     cigarettes or smokeless tobacco.
       ``(2) Exception.--Paragraph (1) does not apply to a 
     delivery sale of smokeless tobacco if the law of the State or 
     local government of the place where the smokeless tobacco is 
     to be delivered requires or otherwise provides that delivery 
     sellers collect the excise tax from the consumer and remit 
     the excise tax to the State or local government, and the 
     delivery seller complies with the requirement.
       ``(e) List of Unregistered or Noncompliant Delivery 
     Sellers.--
       ``(1) In general.--
       ``(A) Initial list.--Not later than 90 days after this 
     subsection goes into effect under the Prevent All Cigarette 
     Trafficking Act of 2007, the Attorney General of the United 
     States shall compile a list of delivery sellers of cigarettes 
     or smokeless tobacco that have not registered with the 
     Attorney General, pursuant to section 2(a) or that are 
     otherwise not in compliance with this Act, and--
       ``(i) distribute the list to--

       ``(I) the attorney general and tax administrator of every 
     State;
       ``(II) common carriers and other persons that deliver small 
     packages to consumers in interstate commerce, including the 
     United States Postal Service; and
       ``(III) at the discretion of the Attorney General of the 
     United States, to any other persons; and

       ``(ii) publicize and make the list available to any other 
     person engaged in the business of interstate deliveries or 
     who delivers cigarettes or smokeless tobacco in or into any 
     State.
       ``(B) List contents.--To the extent known, the Attorney 
     General of the United States shall include, for each delivery 
     seller on the list described in subparagraph (A)--
       ``(i) all names the delivery seller uses in the transaction 
     of its business or on packages delivered to customers;
       ``(ii) all addresses from which the delivery seller does 
     business or ships cigarettes or smokeless tobacco;
       ``(iii) the website addresses, primary e-mail address, and 
     phone number of the delivery seller; and
       ``(iv) any other information that the Attorney General 
     determines would facilitate compliance with this subsection 
     by recipients of the list.
       ``(C) Updating.--The Attorney General of the United States 
     shall update and distribute the list at least once every 4 
     months, and may distribute the list and any updates by 
     regular mail, electronic mail, or any other reasonable means, 
     or by providing recipients with access to the list through a 
     nonpublic website that the Attorney General of the United 
     States regularly updates.
       ``(D) State, local, or tribal additions.--The Attorney 
     General of the United States shall include in the list under 
     subparagraph (A) any noncomplying delivery sellers identified 
     by any State, local, or tribal government under paragraph 
     (5), and shall distribute the list to the attorney general or 
     chief law enforcement official and the tax administrator of 
     any government submitting any such information and to any 
     common carriers or other persons who deliver small packages 
     to consumers identified by any government pursuant to 
     paragraph (5).
       ``(E) Confidentiality.--The list distributed pursuant to 
     subparagraph (A) shall be confidential, and any person 
     receiving the list shall maintain the confidentiality of the 
     list but may deliver the list, for enforcement purposes, to 
     any government official or to any common carrier or other 
     person that delivers tobacco products or small packages to 
     consumers. Nothing in this section shall prohibit a common 
     carrier, the United States Postal Service, or any other 
     person receiving the list from discussing with the listed 
     delivery sellers the delivery sellers' inclusion on the list 
     and the resulting effects on any services requested by such 
     listed delivery seller.
       ``(2) Prohibition on delivery.--
       ``(A) In general.--Commencing on the date that is 60 days 
     after the date of the initial distribution or availability of 
     the list

[[Page 8342]]

     under paragraph (1)(A), no person who receives the list under 
     paragraph (1), and no person who delivers cigarettes or 
     smokeless tobacco to consumers, shall knowingly complete, 
     cause to be completed, or complete its portion of a delivery 
     of any package for any person whose name and address are on 
     the list, unless--
       ``(i) the person making the delivery knows or believes in 
     good faith that the item does not include cigarettes or 
     smokeless tobacco;
       ``(ii) the delivery is made to a person lawfully engaged in 
     the business of manufacturing, distributing, or selling 
     cigarettes or smokeless tobacco; or
       ``(iii) the package being delivered weighs more than 100 
     pounds and the person making the delivery does not know or 
     have reasonable cause to believe that the package contains 
     cigarettes or smokeless tobacco.
       ``(B) Implementation of updates.--Commencing on the date 
     that is 30 days after the date of the distribution or 
     availability of any updates or corrections to the list under 
     paragraph (1), all recipients and all common carriers or 
     other persons that deliver cigarettes or smokeless tobacco to 
     consumers shall be subject to subparagraph (A) in regard to 
     such corrections or updates.
       ``(3) Shipments from persons on list.--
       ``(A) In general.--In the event that a common carrier or 
     other delivery service delays or interrupts the delivery of a 
     package it has in its possession because it determines or has 
     reason to believe that the person ordering the delivery is on 
     a list distributed under paragraph (1)--
       ``(i) the person ordering the delivery shall be obligated 
     to pay--

       ``(I) the common carrier or other delivery service as if 
     the delivery of the package had been timely completed; and
       ``(II) if the package is not deliverable, any reasonable 
     additional fee or charge levied by the common carrier or 
     other delivery service to cover its extra costs and 
     inconvenience and to serve as a disincentive against such 
     noncomplying delivery orders; and

       ``(ii) if the package is determined not to be deliverable, 
     the common carrier or other delivery service shall, in its 
     discretion, either provide the package and its contents to a 
     Federal, State, or local law enforcement agency or destroy 
     the package and its contents.
       ``(B) Records.--A common carrier or other delivery service 
     shall maintain, for a period of 5 years, any records kept in 
     the ordinary course of business relating to any deliveries 
     interrupted pursuant to this paragraph and provide that 
     information, upon request, to the Attorney General of the 
     United States or to the attorney general or chief law 
     enforcement official or tax administrator of any State, 
     local, or tribal government.
       ``(C) Confidentiality.--Any person receiving records under 
     subparagraph (B) shall use such records solely for the 
     purposes of the enforcement of this Act and the collection of 
     any taxes owed on related sales of cigarettes and smokeless 
     tobacco, and the person receiving records under subparagraph 
     (B) shall keep confidential any personal information in such 
     records not otherwise required for such purposes.
       ``(4) Preemption.--
       ``(A) In general.--No State, local, or tribal government, 
     nor any political authority of 2 or more State, local, or 
     tribal governments, may enact or enforce any law or 
     regulation relating to delivery sales that restricts 
     deliveries of cigarettes or smokeless tobacco to consumers by 
     common carriers or other delivery services on behalf of 
     delivery sellers by--
       ``(i) requiring that the common carrier or other delivery 
     service verify the age or identity of the consumer accepting 
     the delivery by requiring the person who signs to accept 
     delivery of the shipping container to provide proof, in the 
     form of a valid, government-issued identification bearing a 
     photograph of the individual, that such person is at least 
     the minimum age required for the legal sale or purchase of 
     tobacco products, as determined by either State or local law 
     at the place of delivery;
       ``(ii) requiring that the common carrier or other delivery 
     service obtain a signature from the consumer accepting the 
     delivery;
       ``(iii) requiring that the common carrier or other delivery 
     service verify that all applicable taxes have been paid;
       ``(iv) requiring that packages delivered by the common 
     carrier or other delivery service contain any particular 
     labels, notice, or markings; or
       ``(v) prohibiting common carriers or other delivery 
     services from making deliveries on the basis of whether the 
     delivery seller is or is not identified on any list of 
     delivery sellers maintained and distributed by any entity 
     other than the Federal Government.
       ``(B) Relationship to other laws.--Nothing in this 
     paragraph shall be construed to prohibit, expand, restrict, 
     or otherwise amend or modify--
       ``(i) section 14501(c)(1) or 41713(b)(4) of title 49, 
     United States Code;
       ``(ii) any other restrictions in Federal law on the ability 
     of State, local, or tribal governments to regulate common 
     carriers; or
       ``(iii) any provision of State, local, or tribal law 
     regulating common carriers that falls within the provisions 
     of chapter 49 of the United States Code, sections 14501(c)(2) 
     or 41713(b)(4)(B).
       ``(C) State laws prohibiting delivery sales.--Nothing in 
     the Prevent All Cigarette Trafficking Act of 2007, or the 
     amendments made by that Act, may be construed to preempt or 
     supersede State laws prohibiting the delivery sale, or the 
     shipment or delivery pursuant to a delivery sale, of 
     cigarettes or smokeless tobacco to individual consumers.
       ``(5) State, local, and tribal additions.--
       ``(A) In general.--Any State, local, or tribal government 
     shall provide the Attorney General of the United States 
     with--
       ``(i) all known names, addresses, website addresses, and 
     other primary contact information of any delivery seller that 
     offers for sale or makes sales of cigarettes or smokeless 
     tobacco in or into the State, locality, or tribal land but 
     has failed to register with or make reports to the respective 
     tax administrator, as required by this Act, or that has been 
     found in a legal proceeding to have otherwise failed to 
     comply with this Act; and
       ``(ii) a list of common carriers and other persons who make 
     deliveries of cigarettes or smokeless tobacco in or into the 
     State, locality, or tribal lands.
       ``(B) Updates.--Any government providing a list to the 
     Attorney General of the United States under subparagraph (A) 
     shall also provide updates and corrections every 4 months 
     until such time as such government notifies the Attorney 
     General of the United States in writing that such government 
     no longer desires to submit such information to supplement 
     the list maintained and distributed by the Attorney General 
     of the United States under paragraph (1).
       ``(C) Removal after withdrawal.--Upon receiving written 
     notice that a government no longer desires to submit 
     information under subparagraph (A), the Attorney General of 
     the United States shall remove from the list under paragraph 
     (1) any persons that are on the list solely because of such 
     government's prior submissions of its list of noncomplying 
     delivery sellers of cigarettes or smokeless tobacco or its 
     subsequent updates and corrections.
       ``(6) Deadline to incorporate additions.--The Attorney 
     General of the United States shall--
       ``(A) include any delivery seller identified and submitted 
     by a State, local, or tribal government under paragraph (5) 
     in any list or update that is distributed or made available 
     under paragraph (1) on or after the date that is 30 days 
     after the date on which the information is received by the 
     Attorney General of the United States; and
       ``(B) distribute any such list or update to any common 
     carrier or other person who makes deliveries of cigarettes or 
     smokeless tobacco that has been identified and submitted by 
     another government, pursuant to paragraph (5).
       ``(7) Notice to delivery sellers.--Not later than 14 days 
     prior to including any delivery seller on the initial list 
     distributed or made available under paragraph (1), or on any 
     subsequent list or update for the first time, the Attorney 
     General of the United States shall make a reasonable attempt 
     to send notice to the delivery seller by letter, electronic 
     mail, or other means that the delivery seller is being placed 
     on such list or update, with that notice citing the relevant 
     provisions of this Act.
       ``(8) Limitations.--
       ``(A) In general.--Any common carrier or other person 
     making a delivery subject to this subsection shall not be 
     required or otherwise obligated to--
       ``(i) determine whether any list distributed or made 
     available under paragraph (1) is complete, accurate, or up-
     to-date;
       ``(ii) determine whether a person ordering a delivery is in 
     compliance with this Act; or
       ``(iii) open or inspect, pursuant to this Act, any package 
     being delivered to determine its contents.
       ``(B) Alternate names.--Any common carrier or other person 
     making a delivery subject to this subsection shall not be 
     required or otherwise obligated to make any inquiries or 
     otherwise determine whether a person ordering a delivery is a 
     delivery seller on the list under paragraph (1) who is using 
     a different name or address in order to evade the related 
     delivery restrictions, but shall not knowingly deliver any 
     packages to consumers for any such delivery seller who the 
     common carrier or other delivery service knows is a delivery 
     seller who is on the list under paragraph (1) but is using a 
     different name or address to evade the delivery restrictions 
     of paragraph (2).
       ``(C) Penalties.--Any common carrier or person in the 
     business of delivering packages on behalf of other persons 
     shall not be subject to any penalty under section 14101(a) of 
     title 49, United States Code, or any other provision of law 
     for--
       ``(i) not making any specific delivery, or any deliveries 
     at all, on behalf of any person on the list under paragraph 
     (1);
       ``(ii) not, as a matter of regular practice and procedure, 
     making any deliveries, or any deliveries in certain States, 
     of any cigarettes or smokeless tobacco for any person or for 
     any person not in the business of manufacturing, 
     distributing, or selling cigarettes or smokeless tobacco; or
       ``(iii) delaying or not making a delivery for any person 
     because of reasonable efforts to comply with this Act.
       ``(D) Other limits.--Section 2 and subsections (a), (b), 
     (c), and (d) of this section

[[Page 8343]]

     shall not be interpreted to impose any responsibilities, 
     requirements, or liability on common carriers.
       ``(f) Presumption.--For purposes of this Act, a delivery 
     sale shall be deemed to have occurred in the State and place 
     where the buyer obtains personal possession of the cigarettes 
     or smokeless tobacco, and a delivery pursuant to a delivery 
     sale is deemed to have been initiated or ordered by the 
     delivery seller.''.
       (d) Penalties.--The Jenkins Act is amended by striking 
     section 3 and inserting the following:

     ``SEC. 3. PENALTIES.

       ``(a) Criminal Penalties.--
       ``(1) In general.--Except as provided in paragraph (2), 
     whoever violates any provision of this Act shall be guilty of 
     a felony and shall be imprisoned not more than 3 years, fined 
     under title 18, United States Code, or both.
       ``(2) Exceptions.--
       ``(A) Governments.--Paragraph (1) shall not apply to a 
     State, local, or tribal government.
       ``(B) Delivery violations.--A common carrier or independent 
     delivery service, or employee of a common carrier or 
     independent delivery service, shall be subject to criminal 
     penalties under paragraph (1) for a violation of section 
     2A(e) only if the violation is committed intentionally--
       ``(i) as consideration for the receipt of, or as 
     consideration for a promise or agreement to pay, anything of 
     pecuniary value; or
       ``(ii) for the purpose of assisting a delivery seller to 
     violate, or otherwise evading compliance with, section 2A.
       ``(b) Civil Penalties.--
       ``(1) In general.--Except as provided in paragraph (3), 
     whoever violates any provision of this Act shall be subject 
     to a civil penalty in an amount not to exceed--
       ``(A) in the case of a delivery seller, the greater of--
       ``(i) $5,000 in the case of the first violation, or $10,000 
     for any other violation; or
       ``(ii) for any violation, 2 percent of the gross sales of 
     cigarettes or smokeless tobacco of such person during the 1-
     year period ending on the date of the violation.
       ``(B) in the case of a common carrier or other delivery 
     service, $2,500 in the case of a first violation, or $5,000 
     for any violation within 1 year of a prior violation.
       ``(2) Relation to other penalties.--A civil penalty under 
     paragraph (1) for a violation of this Act shall be imposed in 
     addition to any criminal penalty under subsection (a) and any 
     other damages, equitable relief, or injunctive relief awarded 
     by the court, including the payment of any unpaid taxes to 
     the appropriate Federal, State, local, or tribal governments.
       ``(3) Exceptions.--
       ``(A) Delivery violations.--An employee of a common carrier 
     or independent delivery service shall be subject to civil 
     penalties under paragraph (1) for a violation of section 
     2A(e) only if the violation is committed intentionally--
       ``(i) as consideration for the receipt of, or as 
     consideration for a promise or agreement to pay, anything of 
     pecuniary value; or
       ``(ii) for the purpose of assisting a delivery seller to 
     violate, or otherwise evading compliance with, section 2A.
       ``(B) Other limitations.--No common carrier or independent 
     delivery service shall be subject to civil penalties under 
     paragraph (1) for a violation of section 2A(e) if--
       ``(i) the common carrier or independent delivery service 
     has implemented and enforces effective policies and practices 
     for complying with that section; or
       ``(ii) an employee of the common carrier or independent 
     delivery service who physically receives and processes 
     orders, picks up packages, processes packages, or makes 
     deliveries, takes actions that are outside the scope of 
     employment of the employee in the course of the violation, or 
     that violate the implemented and enforced policies of the 
     common carrier or independent delivery service described in 
     clause (i).''.
       (e) Enforcement.--The Jenkins Act is amended by striking 
     section 4 and inserting the following:

     ``SEC. 4. ENFORCEMENT.

       ``(a) In General.--The United States district courts shall 
     have jurisdiction to prevent and restrain violations of this 
     Act and to provide other appropriate injunctive or equitable 
     relief, including money damages, for such violations.
       ``(b) Authority of the Attorney General.--The Attorney 
     General of the United States shall administer and enforce the 
     provisions of this Act.
       ``(c) State, Local, and Tribal Enforcement.--
       ``(1) In general.--
       ``(A) Standing.--A State, through its attorney general (or 
     a designee thereof), or a local government or Indian tribe 
     that levies a tax subject to section 2A(a)(3), through its 
     chief law enforcement officer (or a designee thereof), may 
     bring an action in a United States district court to prevent 
     and restrain violations of this Act by any person (or by any 
     person controlling such person) or to obtain any other 
     appropriate relief from any person (or from any person 
     controlling such person) for violations of this Act, 
     including civil penalties, money damages, and injunctive or 
     other equitable relief.
       ``(B) Sovereign immunity.--Nothing in this Act shall be 
     deemed to abrogate or constitute a waiver of any sovereign 
     immunity of a State or local government or Indian tribe 
     against any unconsented lawsuit under this Act, or otherwise 
     to restrict, expand, or modify any sovereign immunity of a 
     State or local government or Indian tribe.
       ``(2) Provision of information.--A State, through its 
     attorney general, or a local government or Indian tribe that 
     levies a tax subject to section 2A(a)(3), through its chief 
     law enforcement officer (or a designee thereof), may provide 
     evidence of a violation of this Act by any person not subject 
     to State, local, or tribal government enforcement actions for 
     violations of this Act to the Attorney General of the United 
     States or a United States attorney, who shall take 
     appropriate actions to enforce the provisions of this Act.
       ``(3) Use of penalties collected.--
       ``(A) In general.--There is established a separate account 
     in the Treasury known as the `PACT Anti-Trafficking Fund'. 
     Notwithstanding any other provision of law and subject to 
     subparagraph (B), an amount equal to 50 percent of any 
     criminal and civil penalties collected by the United States 
     Government in enforcing the provisions of this Act shall be 
     transferred into the PACT Anti-Trafficking Fund and shall be 
     available to the Attorney General of the United States for 
     purposes of enforcing the provisions of this Act and other 
     laws relating to contraband tobacco products.
       ``(B) Allocation of funds.--Of the amount available to the 
     Attorney General under subparagraph (A), not less than 50 
     percent shall be made available only to the agencies and 
     offices within the Department of Justice that were 
     responsible for the enforcement actions in which the 
     penalties concerned were imposed or for any underlying 
     investigations.
       ``(4) Nonexclusivity of remedy.--
       ``(A) In general.--The remedies available under this 
     section and section 3 are in addition to any other remedies 
     available under Federal, State, local, tribal, or other law.
       ``(B) State court proceedings.--Nothing in this Act shall 
     be construed to expand, restrict, or otherwise modify any 
     right of an authorized State official to proceed in State 
     court, or take other enforcement actions, on the basis of an 
     alleged violation of State or other law.
       ``(C) Tribal court proceedings.--Nothing in this Act shall 
     be construed to expand, restrict, or otherwise modify any 
     right of an authorized Indian tribal government official to 
     proceed in tribal court, or take other enforcement actions, 
     on the basis of an alleged violation of tribal law.
       ``(D) Local government enforcement.--Nothing in this Act 
     shall be construed to expand, restrict, or otherwise modify 
     any right of an authorized local government official to 
     proceed in State court, or take other enforcement actions, on 
     the basis of an alleged violation of local or other law.
       ``(d) Persons Dealing in Tobacco Products.--Any person who 
     holds a permit under section 5712 of the Internal Revenue 
     Code of 1986 (regarding permitting of manufacturers and 
     importers of tobacco products and export warehouse 
     proprietors) may bring an action in a United States district 
     court to prevent and restrain violations of this Act by any 
     person (or by any person controlling such person) other than 
     a State, local, or tribal government.
       ``(e) Notice.--
       ``(1) Persons dealing in tobacco products.--Any person who 
     commences a civil action under subsection (d) shall inform 
     the Attorney General of the United States of the action.
       ``(2) State, local, and tribal actions.--It is the sense of 
     Congress that the attorney general of any State, or chief law 
     enforcement officer of any locality or tribe, that commences 
     a civil action under this section should inform the Attorney 
     General of the United States of the action.
       ``(f) Public Notice.--
       ``(1) In general.--The Attorney General of the United 
     States shall make available to the public, by posting such 
     information on the Internet and by other appropriate means, 
     information regarding all enforcement actions undertaken by 
     the Attorney General or United States attorneys, or reported 
     to the Attorney General, under this section, including 
     information regarding the resolution of such actions and how 
     the Attorney General and the United States attorney have 
     responded to referrals of evidence of violations pursuant to 
     subsection (c)(2).
       ``(2) Reports to congress.--The Attorney General shall 
     submit to Congress each year a report containing the 
     information described in paragraph (1).''.

     SEC. 3. TREATMENT OF CIGARETTES AND SMOKELESS TOBACCO AS 
                   NONMAILABLE MATTER.

       Section 1716 of title 18, United States Code, is amended--
       (1) by redesignating subsections (j) and (k) as subsections 
     (k) and (l), respectively; and
       (2) by inserting after subsection (i) the following:
       ``(j) Tobacco Products.--
       ``(1) Prohibition.--
       ``(A) In general.--Except as provided in subparagraphs (C) 
     and (D), all cigarettes (as

[[Page 8344]]

     that term is defined in section 1(2) of the Act of October 
     19, 1949 (15 U.S.C. 375; commonly referred to as the `Jenkins 
     Act')) and smokeless tobacco (as that term is defined in 
     section 1(12) of that Act), are nonmailable and shall not be 
     deposited in or carried through the mails. The United States 
     Postal Service shall not accept for delivery or transmit 
     through the mails any package that it knows or has reasonable 
     cause to believe contains any cigarettes or smokeless tobacco 
     made nonmailable by this subsection.
       ``(B) Reasonable cause to believe.--For purposes of this 
     section, notification to the United States Postal Service by 
     the Attorney General, a United States attorney, or a State 
     Attorney General that an individual or entity is primarily 
     engaged in the business of transmitting cigarettes or 
     smokeless tobacco made nonmailable by this section shall 
     constitute reasonable cause to believe that any packages 
     presented to the United States Postal Service by such 
     individual or entity contain nonmailable cigarettes or 
     smokeless tobacco.
       ``(C) Cigars.--Subparagraph (A) shall not apply to cigars 
     (as that term is defined in section 5702(a) of the Internal 
     Revenue Code of 1986).
       ``(D) Geographic exception.--Subparagraph (A) shall not 
     apply to mailings within or into any State that is not 
     contiguous with at least 1 other State of the United States. 
     For purposes of this paragraph, `State' means any of the 50 
     States or the District of Columbia.
       ``(2) Packaging exceptions inapplicable.--Subsection (b) 
     shall not apply to any tobacco product made nonmailable by 
     this subsection.
       ``(3) Seizure and forfeiture.--Any cigarettes or smokeless 
     tobacco made nonmailable by this subsection that are 
     deposited in the mails shall be subject to seizure and 
     forfeiture, and any tobacco products so seized and forfeited 
     shall either be destroyed or retained by Government officials 
     for the detection or prosecution of crimes or related 
     investigations and then destroyed.
       ``(4) Additional penalties.--In addition to any other fines 
     and penalties imposed by this chapter for violations of this 
     section, any person violating this subsection shall be 
     subject to an additional penalty in the amount of 10 times 
     the retail value of the nonmailable cigarettes or smokeless 
     tobacco, including all Federal, State, and local taxes.
       ``(5) Use of penalties.--There is established a separate 
     account in the Treasury known as the `PACT Postal Service 
     Fund'. Notwithstanding any other provision of law, an amount 
     equal to 50 percent of any criminal and civil fines or 
     monetary penalties collected by the United States Government 
     in enforcing the provisions of this subsection shall be 
     transferred into the PACT Postal Service Fund and shall be 
     available to the Postmaster General for the purpose of 
     enforcing the provisions of this subsection.''.

     SEC. 4. COMPLIANCE WITH MODEL STATUTE OR QUALIFYING STATUTE.

       (a) In General.--A Tobacco Product Manufacturer or importer 
     may not sell in, deliver to, or place for delivery sale, or 
     cause to be sold in, delivered to, or placed for delivery 
     sale in a State that is a party to the Master Settlement 
     Agreement, any cigarette manufactured by a Tobacco Product 
     Manufacturer that is not in full compliance with the terms of 
     the Model Statute or Qualifying Statute enacted by such State 
     requiring funds to be placed into a qualified escrow account 
     under specified conditions, or any regulations promulgated 
     pursuant to such statute.
       (b) Jurisdiction To Prevent and Restrain Violations.--
       (1) In general.--The United States district courts shall 
     have jurisdiction to prevent and restrain violations of 
     subsection (a) in accordance with this subsection.
       (2) Initiation of action.--A State, through its attorney 
     general, may bring an action in the United States district 
     courts to prevent and restrain violations of subsection (a) 
     by any person (or by any person controlling such person).
       (3) Attorney fees.--In any action under paragraph (2), a 
     State, through its attorney general, shall be entitled to 
     reasonable attorney fees from a person found to have 
     willfully and knowingly violated subsection (a).
       (4) Nonexclusivity of remedies.--The remedy available under 
     paragraph (2) is in addition to any other remedies available 
     under Federal, State, or other law. No provision of this Act 
     or any other Federal law shall be held or construed to 
     prohibit or preempt the Master Settlement Agreement, the 
     Model Statute (as defined in the Master Settlement 
     Agreement), any legislation amending or complementary to the 
     Model Statute in effect as of June 1, 2006, or any 
     legislation substantially similar to such existing, amending, 
     or complementary legislation hereinafter enacted.
       (5) Other enforcement actions.--Nothing in this subsection 
     shall be construed to prohibit an authorized State official 
     from proceeding in State court or taking other enforcement 
     actions on the basis of an alleged violation of State or 
     other law.
       (6) Authority of the attorney general.--The Attorney 
     General of the United States may administer and enforce 
     subsection (a).
       (c) Definitions.--In this section the following definitions 
     apply:
       (1) Delivery sale.--The term ``delivery sale'' means any 
     sale of cigarettes or smokeless tobacco to a consumer if--
       (A) the consumer submits the order for such sale by means 
     of a telephone or other method of voice transmission, the 
     mails, or the Internet or other online service, or the seller 
     is otherwise not in the physical presence of the buyer when 
     the request for purchase or order is made; or
       (B) the cigarettes or smokeless tobacco are delivered by 
     use of a common carrier, private delivery service, or the 
     mails, or the seller is not in the physical presence of the 
     buyer when the buyer obtains possession of the cigarettes or 
     smokeless tobacco.
       (2) Importer.--The term ``importer'' means each of the 
     following:
       (A) Shipping or consigning.--Any person in the United 
     States to whom nontaxpaid tobacco products manufactured in a 
     foreign country, Puerto Rico, the Virgin Islands, or a 
     possession of the United States are shipped or consigned.
       (B) Manufacturing warehouses.--Any person who removes 
     cigars or cigarettes for sale or consumption in the United 
     States from a customs-bonded manufacturing warehouse.
       (C) Unlawful importing.--Any person who smuggles or 
     otherwise unlawfully brings tobacco products into the United 
     States.
       (3) Master settlement agreement.--The term ``Master 
     Settlement Agreement'' means the agreement executed November 
     23, 1998, between the attorneys general of 46 States, the 
     District of Columbia, the Commonwealth of Puerto Rico, and 4 
     territories of the United States and certain tobacco 
     manufacturers.
       (4) Model statute; qualifying statute.--The terms ``Model 
     Statute'' and ``Qualifying Statute'' means a statute as 
     defined in section IX(d)(2)(e) of the Master Settlement 
     Agreement.
       (5) Tobacco product manufacturer.--The term ``Tobacco 
     Product Manufacturer'' has the meaning given that term in 
     section II(uu) of the Master Settlement Agreement.

     SEC. 5. INSPECTION BY BUREAU OF ALCOHOL, TOBACCO, FIREARMS, 
                   AND EXPLOSIVES OF RECORDS OF CERTAIN CIGARETTE 
                   AND SMOKELESS TOBACCO SELLERS.

       (a) In General.--Any officer of the Bureau of Alcohol, 
     Tobacco, Firearms, and Explosives may, during normal business 
     hours, enter the premises of any person described in 
     subsection (b) for the purposes of inspecting--
       (1) any records or information required to be maintained by 
     such person under the provisions of law referred to in 
     subsection (d); or
       (2) any cigarettes or smokeless tobacco kept or stored by 
     such person at such premises.
       (b) Covered Persons.--Subsection (a) applies to any person 
     who engages in a delivery sale, and who ships, sells, 
     distributes, or receives any quantity in excess of 10,000 
     cigarettes, or any quantity in excess of 500 single-unit 
     consumer-sized cans or packages of smokeless tobacco, within 
     a single month.
       (c) Relief.--
       (1) In general.--The district courts of the United States 
     shall have the authority in a civil action under this 
     subsection to compel inspections authorized by subsection 
     (a).
       (2) Violations.--Whoever violates subsection (a) or an 
     order issued pursuant to paragraph (1) shall be subject to a 
     civil penalty in an amount not to exceed $10,000 for each 
     violation.
       (d) Covered Provisions of Law.--The provisions of law 
     referred to in this subsection are--
       (1) the Act of October 19, 1949 (15 U.S.C. 375; commonly 
     referred to as the ``Jenkins Act'');
       (2) chapter 114 of title 18, United States Code; and
       (3) this Act.
       (e) Delivery Sale Defined.--In this section, the term 
     ``delivery sale'' has the meaning given that term in 2343(e) 
     of title 18, United States Code, as amended by this Act.

     SEC. 6. EXCLUSIONS REGARDING INDIAN TRIBES AND TRIBAL 
                   MATTERS.

       (a) In General.--Nothing in this Act or the amendments made 
     by this Act is intended nor shall be construed to affect, 
     amend, or modify--
       (1) any agreements, compacts, or other intergovernmental 
     arrangements between any State or local government and any 
     government of an Indian tribe (as that term is defined in 
     section 4(e) of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 450b(e)) relating to the collection 
     of taxes on cigarettes or smokeless tobacco sold in Indian 
     country (as that term is defined in section 1151 of title 18, 
     United States Code);
       (2) any State laws that authorize or otherwise pertain to 
     any such intergovernmental arrangements or create special 
     rules or procedures for the collection of State, local, or 
     tribal taxes on cigarettes or smokeless tobacco sold in 
     Indian country;
       (3) any limitations under existing Federal law, including 
     Federal common law and treaties, on State, local, and tribal 
     tax and regulatory authority with respect to the sale, use, 
     or distribution of cigarettes and smokeless tobacco by or to 
     Indian tribes or tribal members or in Indian country;
       (4) any existing Federal law, including Federal common law 
     and treaties, regarding

[[Page 8345]]

     State jurisdiction, or lack thereof, over any tribe, tribal 
     members, or tribal reservations; and
       (5) any existing State or local government authority to 
     bring enforcement actions against persons located in Indian 
     country.
       (b) Coordination of Law Enforcement.--Nothing in this Act 
     or the amendments made by this Act shall be construed to 
     inhibit or otherwise affect any coordinated law enforcement 
     effort by 1 or more States or other jurisdictions, including 
     Indian tribes, through interstate compact or otherwise, 
     that--
       (1) provides for the administration of tobacco product laws 
     or laws pertaining to interstate sales or other sales of 
     tobacco products;
       (2) provides for the seizure of tobacco products or other 
     property related to a violation of such laws; or
       (3) establishes cooperative programs for the administration 
     of such laws.
       (c) Treatment of State and Local Governments.--Nothing in 
     this Act or the amendments made by this Act is intended, and 
     shall not be construed to, authorize, deputize, or commission 
     States or local governments as instrumentalities of the 
     United States.
       (d) Enforcement Within Indian Country.--Nothing in this Act 
     or the amendments made by this Act is intended to prohibit, 
     limit, or restrict enforcement by the Attorney General of the 
     United States of the provisions herein within Indian country.
       (e) Ambiguity.--Any ambiguity between the language of this 
     section or its application and any other provision of this 
     Act shall be resolved in favor of this section.

     SEC. 7. EFFECTIVE DATE.

       (a) In General.--Except as provided in subsection (b), this 
     Act shall take effect on the date that is 90 days after the 
     date of enactment of this Act.
       (b) BATFE Authority.--Section 5 shall take effect on the 
     date of enactment of this Act.

     SEC. 8. SEVERABILITY.

       If any provision of this, or an amendment made by this Act 
     or the application thereof to any person or circumstance is 
     held invalid, the remainder of the Act and the application of 
     it to any other person or circumstance shall not be affected 
     thereby.
                                 ______
                                 
      By Mr. KOHL:
  S. 1029. A bill to amend the Food Security Act of 1985 to provide 
incentives to landowners to protect and improve streams and riparian 
habitat; to the Committee on Agriculture, Nutrition, and Forestry.
  Mr. KOHL. Mr. President, I rise today to offer a bill that amends the 
Food Security Act of 1985 to provide incentives for landowners to 
protect and improve streams and riparian habitat. This legislation 
would provide cost-share payments to landowners who protect and repair 
streamside and in-stream habitat, improve water flow and quality and 
initiate watershed management and planning.
  The Stream Habitat Improvement Program, funded at $60 million 
annually, would direct resources to important fish habitat projects. 
The fisheries community has recognized the loss of habitat as a major 
threat to the health of sport fish populations. Farmers who participate 
in the program will make improvements on streams running through their 
property. Improvements could include repairing shoreline, removing 
barriers to fish passage, and planting trees to shade the water and 
strengthen stream banks. Further, existing partnerships, such as the 
National Fish Habitat Action Plan, could provide invaluable input to 
guide the program.
  Healthy fisheries mean healthy communities. The EPA and the Fish and 
Wildlife Service have found that 81 percent of all stream fish 
communities in the U.S. have been adversely affected by either 
pollution or other disturbances. Rivers and streams provide essential 
habitat for numerous plant and animal species. Many of these species 
are threatened, endangered, or at risk for extinction. Degraded and 
altered habitats are the most frequently cited factors contributing to 
the decline among threatened or endangered aquatic species and among 
many native recreational and non-game fish species.
  In Wisconsin alone there are almost 950,000 anglers, and almost half 
a million more come from out of State to fish in Wisconsin. Together 
these anglers spend $1 billion on fishing-related expenses in our 
State. This new program would advance efforts to support stream habitat 
restoration more effectively, which in turn will support a thriving 
economy and aquatic species populations. Further, healthy stream and 
river habitats also play an important role in the Nation's economy. 
Each year, about 34 million anglers spend $17 billion directly on 
fishing equipment and another $15 billion on trip-related expenses, 
food and lodging, and other recreational fishing-related expenses.
  Successful management of stream and river habitat requires 
cooperative partnerships among producers, landowners, as well as 
Federal and State agencies. Offering producers and private landowners 
incentives and opportunities for restoring stream habitat will prevent 
the decline and listing of aquatic species. Building strong 
relationships between farm owners, private landowners and the angler 
community ensures that healthy fisheries will be maintained for future 
generations to enjoy.
                                 ______
                                 
      By Mr. LIEBERMAN (for himself and Mr. Brownback):
  S. 1033. A bill to assist in the conservation of rare felids and rare 
canids by supporting and providing financial resources for the 
conservation programs of nations within the range of rare felid and 
rare canid populations and projects of persons with demonstrated 
expertise in the conservation of rare felid and rare canid populations; 
to the Committee on Environment and Public Works.
  Mr. LIEBERMAN. Mr. President, today, along with my friend Senator Sam 
Brownback, I am introducing the Great Cats and Rare Canids Act, which 
will protect and foster populations of imperiled great cats and rare 
canines outside of North America.
  These species, including the cheetah and the Asiatic wild dog, are 
threatened by habitat loss, poaching, disease, and pollution. The 
conservation fund established by the bill we are introducing today 
would sustain current conservation efforts and expand strategic 
measures to restore imperiled populations.
  The struggle of the African wild dog is one example of the plight 
these large carnivores face. The less than 2,500 adults that remain not 
only have to combat the widespread misconception that they are 
livestock killers, but are extremely susceptible to those diseases 
common in domesticated animals. They have lost 89 percent of their 
habitat and are now found in only 14 of the 39 countries that comprise 
their historic range.
  The snow leopard is another example. Like all great cats, the snow 
leopard needs a large tract of uninterrupted land in which to live, but 
the snow leopard's habitat in China has been fragmented due to human 
encroachment. The cats are also under extreme poaching pressures as 
their fur is sold on the black market.
  The bill we are introducing today would help protect these predators 
at the top of the food chain. Our legislation is modeled after the 
highly successful Multinational Species Conservation Funds, which 
conserve rhinos, great apes, Asian elephants, African elephants, and 
marine turtles. Our bill would authorize $5 million in annual spending 
for the conservation of more than a dozen species of great cats and 
rare canines.
  I do not think our children and grandchildren will forgive us if we 
stand by and let these magnificent animals drift into extinction. With 
a relatively small investment, we can invigorate ongoing conservation 
efforts around the world.
                                 ______
                                 
      By Mr. DURBIN (for himself and Mr. Grassley):
  S. 1035. A bill to amend the Immigration and Nationality Act to 
reduce fraud and abuse in certain visa programs for aliens working 
temporarily in the United States; to the Committee on the Judiciary.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1035

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

[[Page 8346]]



     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``H-1B and 
     L-1 Visa Fraud and Abuse Prevention Act of 2007''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. H-1B employer requirements.
Sec. 3. H-1B government authority and requirements.
Sec. 4. L-1 visa fraud and abuse protections.
Sec. 5. Whistleblower protections.
Sec. 6. Additional Department of Labor employees.

     SEC. 2. H-1B EMPLOYER REQUIREMENTS.

       (a) Application of Nondisplacement and Good Faith 
     Recruitment Requirements to All H-1B Employers.--
       (1) Amendments.--Section 212(n) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(n)) is amended--
       (A) in paragraph (1)--
       (i) in subparagraph (E)

       (I) in clause (i), by striking ``(E)(i) In the case of an 
     application described in clause (ii), the'' and inserting 
     ``(E) The''; and
       (II) by striking clause (ii);

       (ii) in subparagraph (F), by striking ``In the case of'' 
     and all that follows through ``where--'' and inserting the 
     following: ``The employer will not place the nonimmigrant 
     with another employer if--''; and
       (iii) in subparagraph (G), by striking ``In the case of an 
     application described in subparagraph (E)(ii), subject'' and 
     inserting ``Subject'';
       (B) in paragraph (2)--
       (i) in subparagraph (E), by striking ``If an H-1B-dependent 
     employer'' and inserting ``If an employer that employs H-1B 
     nonimmigrants''; and
       (ii) in subparagraph (F), by striking ``The preceding 
     sentence shall apply to an employer regardless of whether or 
     not the employer is an H-1B-dependent employer.''; and
       (C) by striking paragraph (3).
       (2) Effective date.--The amendments made by paragraph (1) 
     shall apply to applications filed on or after the date of the 
     enactment of this Act.
       (b) Nondisplacement Requirement.--
       (1) Extending time period for nondisplacement.--Section 
     212(n) of such Act, as amended by subsection (a), is further 
     amended--
       (A) in paragraph (1)--
       (i) in subparagraph (E), by striking ``90 days'' each place 
     it appears and inserting ``180 days'';
       (ii) in subparagraph (F)(ii), by striking ``90 days'' each 
     place it appears and inserting ``180 days''; and
       (B) in paragraph (2)(C)(iii), by striking ``90 days'' each 
     place it appears and inserting ``180 days''.
       (2) Effective date.--The amendments made by paragraph (1)--
       (A) shall apply to applications filed on or after the date 
     of the enactment of this Act; and
       (B) shall not apply to displacements for periods occurring 
     more than 90 days before such date.
       (c) Public Listing of Available Positions.--
       (1) Listing of available positions.--Section 212(n)(1)(C) 
     of such Act is amended--
       (A) in clause (i), by striking ``(i) has provided'' and 
     inserting the following:
       ``(ii)(I) has provided'';
       (B) by redesignating clause (ii) as subclause (II); and
       (C) by inserting before clause (ii), as redesignated, the 
     following:
       ``(i) has advertised the job availability on the list 
     described in paragraph (6), for at least 30 calendar days; 
     and''.
       (2) List maintained by the department of labor.--Section 
     212(n) of such Act, as amended by this section, is further 
     amended by adding at the end the following:
       ``(6)(A) Not later than 90 days after the date of the 
     enactment of this paragraph, the Secretary of Labor shall 
     establish a list of available jobs, which shall be publicly 
     accessible without charge--
       ``(i) on a website maintained by the Department of Labor, 
     which website shall be searchable by--
       ``(I) the name, city, State, and zip code of the employer;
       ``(II) the date on which the job is expected to begin;
       ``(III) the title and description of the job; and
       ``(IV) the State and city (or county) at which the work 
     will be performed; and
       ``(ii) at each 1-stop center created under the Workforce 
     Investment Act of 1998 (Public Law 105-220).
       ``(B) Each available job advertised on the list shall 
     include--
       ``(i) the employer's full legal name;
       ``(ii) the address of the employer's principal place of 
     business;
       ``(iii) the employer's city, State and zip code;
       ``(iv) the employer's Federal Employer Identification 
     Number;
       ``(v) the phone number, including area code and extension, 
     as appropriate, of the hiring official or other designated 
     official of the employer;
       ``(vi) the e-mail address, if available, of the hiring 
     official or other designated official of the employer;
       ``(vii) the wage rate to be paid for the position and, if 
     the wage rate in the offer is expressed as a range, the 
     bottom of the wage range;
       ``(viii) whether the rate of pay is expressed on an annual, 
     monthly, biweekly, weekly, or hourly basis;
       ``(ix) a statement of the expected hours per week that the 
     job will require;
       ``(x) the date on which the job is expected to begin;
       ``(xi) the date on which the job is expected to end, if 
     applicable;
       ``(xii) the number of persons expected to be employed for 
     the job;
       ``(xiii) the job title;
       ``(xiv) the job description
       ``(xv) the city and State of the physical location at which 
     the work will be performed; and
       ``(xvi) a description of a process by which a United States 
     worker may submit an application to be considered for the 
     job.
       ``(C) The Secretary of Labor may charge a nominal filing 
     fee to employers who advertise available jobs on the list 
     established under this paragraph to cover expenses for 
     establishing and administering the requirements under this 
     paragraph.
       ``(D) The Secretary may promulgate rules, after notice and 
     a period for comment--
       ``(i) to carry out the requirements of this paragraph; and
       ``(ii) that require employers to provide other information 
     in order to advertise available jobs on the list.''.
       (3) Effective date.--Paragraph (1) shall take effect for 
     applications filed at least 30 days after the creation of the 
     list described in paragraph (2).
       (d) H-1B Nonimmigrants Not Admitted for Jobs Advertised or 
     Offered Only to H-1B Nonimmigrants.--Section 212(n)(1) of 
     such Act, as amended by this section, is further amended--
       (1) by inserting after subparagraph (G) the following:
       ``(H)(i) The employer has not advertised the available jobs 
     specified in the application in an advertisement that states 
     or indicates that--
       ``(I) the job or jobs are only available to persons who are 
     or who may become H-1B nonimmigrants; or
       ``(II) persons who are or who may become H-1B nonimmigrants 
     shall receive priority or a preference in the hiring process.
       ``(ii) The employer has not only recruited persons who are, 
     or who may become, H-1B nonimmigrants to fill the job or 
     jobs.''; and
       (2) in the undesignated paragraph at the end, by striking 
     ``The employer'' and inserting the following:
       ``(K) The employer''.
       (e) Prohibition of Outplacement.--
       (1) In general.--Section 212(n) of such Act, as amended by 
     this section, is further amended--
       (A) in paragraph (1), by amending subparagraph (F) to read 
     as follows:
       ``(F) The employer shall not place, outsource, lease, or 
     otherwise contract for the placement of an alien admitted or 
     provided status as an H-1B nonimmigrant with another 
     employer;'' and
       (B) in paragraph (2), by striking subparagraph (E).
       (2) Effective date.--The amendments made by paragraph (1) 
     shall apply to applications filed on or after the date of the 
     enactment of this Act.
       (f) Limit on Percentage of H-1B Employees.--Section 
     212(n)(1) of such Act, as amended by this section, is further 
     amended by inserting after subparagraph (H), as added by 
     subsection (d)(1), the following:
       ``(I) If the employer employs not less than 50 employees in 
     the United States, not more than 50 percent of such employees 
     are H-1B nonimmigrants.''.
       (g) Wage Determination.--
       (1) Change in minimum wages.--Section 212(n)(1) of such 
     Act, as amended by this section, is further amended--
       (A) by amending subparagraph (A) to read as follows:
       ``(A) The employer--
       ``(i) is offering and will offer, during the period of 
     authorized employment, to aliens admitted or provided status 
     as an H-1B nonimmigrant, wages, based on the best information 
     available at the time the application is filed, which are not 
     less than the highest of--
       ``(I) the locally determined prevailing wage level for the 
     occupational classification in the area of employment;
       ``(II) the median average wage for all workers in the 
     occupational classification in the area of employment; or
       ``(III) the median wage for skill level 2 in the 
     occupational classification found in the most recent 
     Occupational Employment Statistics survey; and
       ``(ii) will provide working conditions for such a 
     nonimmigrant that will not adversely affect the working 
     conditions of workers similarly employed.''; and
       (B) in subparagraph (D), by inserting ``the wage 
     determination methodology used under subparagraph (A)(i),'' 
     after ``shall contain''.
       (2) Provision of w-2 forms.--Section 212(n)(1) of such Act 
     is amended by inserting after subparagraph (I), as added by 
     subsection (f), the following:
       ``(J) If the employer, in such previous period as the 
     Secretary shall specify, employed

[[Page 8347]]

     1 or more H-1B nonimmigrants, the employer shall submit to 
     the Secretary the Internal Revenue Service Form W-2 Wage and 
     Tax Statement filed by the employer with respect to such 
     nonimmigrants for such period.''.
       (3) Effective date.--The amendments made by this subsection 
     shall apply to applications filed on or after the date of the 
     enactment of this Act.
       (h) Immigration Documents.--Section 204 of such Act (8 
     U.S.C. 1154) is amended by adding at the end the following:
       ``(l) Employer To Share All Immigration Paperwork Exchanged 
     With Federal Agencies.--Not later than 10 working days after 
     receiving a written request from a former, current, or future 
     employee or beneficiary, an employer shall provide the 
     employee or beneficiary with the original (or a certified 
     copy of the original) of all petitions, notices, and other 
     written communication exchanged between the employer and the 
     Department of Labor, the Department of Homeland Security, or 
     any other Federal agency that is related to an immigrant or 
     nonimmigrant petition filed by the employer for the employee 
     or beneficiary.''.

     SEC. 3. H-1B GOVERNMENT AUTHORITY AND REQUIREMENTS.

       (a) Safeguards Against Fraud and Misrepresentation in 
     Application Review Process.--Section 212(n)(1)(K) of the 
     Immigration and Nationality Act, as redesignated by section 
     2(d)(2), is amended--
       (1) by inserting ``and through the Department of Labor's 
     website, without charge.'' after ``D.C.'';
       (2) by inserting ``, clear indicators of fraud, 
     misrepresentation of material fact,'' after ``completeness'';
       (3) by striking ``or obviously inaccurate'' and inserting 
     ``, presents clear indicators of fraud or misrepresentation 
     of material fact, or is obviously inaccurate'';
       (4) by striking ``within 7 days of'' and inserting ``not 
     later than 14 days after''; and
       (5) by adding at the end the following: ``If the 
     Secretary's review of an application identifies clear 
     indicators of fraud or misrepresentation of material fact, 
     the Secretary may conduct an investigation and hearing under 
     paragraph (2).
       (b) Investigations by Department of Labor.--Section 
     212(n)(2) of such Act is amended--
       (1) in subparagraph (A)--
       (A) by striking ``12 months'' and inserting ``24 months''; 
     and
       (B) by striking ``The Secretary shall conduct'' and all 
     that follows and inserting ``Upon the receipt of such a 
     complaint, the Secretary may initiate an investigation to 
     determine if such a failure or misrepresentation has 
     occurred.'';
       (2) in subparagraph (C)(i)--
       (A) by striking ``a condition of paragraph (1)(B), (1)(E), 
     or (1)(F)'' and inserting ``a condition under subparagraph 
     (B), (C)(i), (E), (F), (H), (I), or (J) of paragraph (1)''; 
     and
       (B) by striking ``(1)(C)'' and inserting ``(1)(C)(ii)'';
       (3) in subparagraph (G)--
       (A) in clause (i), by striking ``if the Secretary'' and all 
     that follows and inserting ``with regard to the employer's 
     compliance with the requirements of this subsection.'';
       (B) in clause (ii), by striking ``and whose identity'' and 
     all that follows through ``failure or failures.'' and 
     inserting ``the Secretary of Labor may conduct an 
     investigation into the employer's compliance with the 
     requirements of this subsection.'';
       (C) in clause (iii), by striking the last sentence;
       (D) by striking clauses (iv) and (v);
       (E) by redesignating clauses (vi), (vii), and (viii) as 
     clauses (iv), (v), and (vi), respectively;
       (F) in clause (iv), as redesignated, by striking ``meet a 
     condition described in clause (ii), unless the Secretary of 
     Labor receives the information not later than 12 months'' and 
     inserting ``comply with the requirements under this 
     subsection, unless the Secretary of Labor receives the 
     information not later than 24 months'';
       (G) by amending clause (v), as redesignated, to read as 
     follows:
       ``(v) The Secretary of Labor shall provide notice to an 
     employer of the intent to conduct an investigation. The 
     notice shall be provided in such a manner, and shall contain 
     sufficient detail, to permit the employer to respond to the 
     allegations before an investigation is commenced. The 
     Secretary is not required to comply with this clause if the 
     Secretary determines that such compliance would interfere 
     with an effort by the Secretary to investigate or secure 
     compliance by the employer with the requirements of this 
     subsection. A determination by the Secretary under this 
     clause shall not be subject to judicial review.''.
       (H) in clause (vi), as redesignated, by striking ``An 
     investigation'' and all that follows through ``the 
     determination.'' and inserting ``If the Secretary of Labor, 
     after an investigation under clause (i) or (ii), determines 
     that a reasonable basis exists to make a finding that the 
     employer has failed to comply with the requirements under 
     this subsection, the Secretary shall provide interested 
     parties with notice of such determination and an opportunity 
     for a hearing in accordance with section 556 of title 5, 
     United States Code, not later than 120 days after the date of 
     such determination.''; and
       (I) by adding at the end the following:
       ``(vii) If the Secretary of Labor, after a hearing, finds a 
     reasonable basis to believe that the employer has violated 
     the requirements under this subsection, the Secretary may 
     impose a penalty under subparagraph (C).''; and
       (4) by striking subparagraph (H).
       (c) Information Sharing Between Department of Labor and 
     Department of Homeland Security.--Section 212(n)(2) of such 
     Act, as amended by this section, is further amended by 
     inserting after subparagraph (G) the following:
       ``(H) The Director of United States Citizenship and 
     Immigration Services shall provide the Secretary of Labor 
     with any information contained in the materials submitted by 
     H-1B employers as part of the adjudication process that 
     indicates that the employer is not complying with H-1B visa 
     program requirements. The Secretary may initiate and conduct 
     an investigation and hearing under this paragraph after 
     receiving information of noncompliance under this 
     subparagraph.''.
       (d) Audits.--Section 212(n)(2)(A) of such Act, as amended 
     by this section, is further amended by adding at the end the 
     following: ``The Secretary may conduct surveys of the degree 
     to which employers comply with the requirements under this 
     subsection and may conduct annual compliance audits of 
     employers that employ H-1B nonimmigrants. The Secretary shall 
     conduct annual compliance audits of not less than 1 percent 
     of the employers that employ H-1B nonimmigrants during the 
     applicable calendar year. The Secretary shall conduct annual 
     compliance audits of each employer with more than 100 
     employees who work in the United States if more than 15 
     percent of such employees are H-1B nonimmigrants.''.
       (e) Penalties.--Section 212(n)(2)(C) of such Act, as 
     amended by this section, is further amended--
       (1) in clause (i)(I), by striking ``$1,000'' and inserting 
     ``$2,000'';
       (2) in clause (ii)(I), by striking ``$5,000'' and inserting 
     ``$10,000''; and
       (3) in clause (vi)(III), by striking ``$1,000'' and 
     inserting ``$2,000''.
       (f) Information Provided to H-1B Nonimmigrants Upon Visa 
     Issuance.--Section 212(n) of such Act, as amended by this 
     section, is further amended by inserting after paragraph (2) 
     the following:
       ``(3)(A) Upon issuing an H-1B visa to an applicant outside 
     the United States, the issuing office shall provide the 
     applicant with--
       ``(i) a brochure outlining the employer's obligations and 
     the employee's rights under Federal law, including labor and 
     wage protections;
       ``(ii) the contact information for Federal agencies that 
     can offer more information or assistance in clarifying 
     employer obligations and workers' rights; and
       ``(iii) a copy of the employer's H-1B application for the 
     position that the H-1B nonimmigrant has been issued the visa 
     to fill.
       ``(B) Upon the issuance of an H-1B visa to an alien inside 
     the United States, the officer of the Department of Homeland 
     Security shall provide the applicant with--
       ``(i) a brochure outlining the employer's obligations and 
     the employee's rights under Federal law, including labor and 
     wage protections;
       ``(ii) the contact information for Federal agencies that 
     can offer more information or assistance in clarifying 
     employer's obligations and workers' rights; and
       ``(iii) a copy of the employer's H-1B application for the 
     position that the H-1B nonimmigrant has been issued the visa 
     to fill.''.

     SEC. 4. L-1 VISA FRAUD AND ABUSE PROTECTIONS.

       (a) In General.--Section 214(c)(2) of the Immigration and 
     Nationality Act (8 U.S.C. 1184(c)(2)) is amended--
       (1) by striking ``Attorney General'' each place it appears 
     and inserting ``Secretary of Homeland Security'';
       (2) in subparagraph (E), by striking ``In the case of an 
     alien spouse admitted under section 101(a)(15)(L), who'' and 
     inserting ``Except as provided in subparagraph (H), if an 
     alien spouse admitted under section 101(a)(15)(L)''; and
       (3) by adding at the end the following:
       ``(G)(i) If the beneficiary of a petition under this 
     subsection is coming to the United States to open, or be 
     employed in, a new facility, the petition may be approved for 
     up to 12 months only if the employer operating the new 
     facility has--
       ``(I) a business plan;
       ``(II) sufficient physical premises to carry out the 
     proposed business activities; and
       ``(III) the financial ability to commence doing business 
     immediately upon the approval of the petition.
       ``(ii) An extension of the approval period under clause (i) 
     may not be granted until the importing employer submits an 
     application to the Secretary of Homeland Security that 
     contains--
       ``(I) evidence that the importing employer meets the 
     requirements of this subsection;
       ``(II) evidence that the beneficiary meets the requirements 
     under section 101(a)(15)(L);
       ``(III) a statement summarizing the original petition;
       ``(IV) evidence that the importing employer has fully 
     complied with the business plan submitted under clause 
     (i)(I);

[[Page 8348]]

       ``(V) evidence of the truthfulness of any representations 
     made in connection with the filing of the original petition;
       ``(VI) evidence that the importing employer, during the 
     preceding 12 months, has been doing business at the new 
     facility through regular, systematic, and continuous 
     provision of goods or services, or has otherwise been taking 
     commercially reasonable steps to establish the new facility 
     as a commercial enterprise;
       ``(VII) a statement of the duties the beneficiary has 
     performed at the new facility during the preceding 12 months 
     and the duties the beneficiary will perform at the new 
     facility during the extension period approved under this 
     clause;
       ``(VIII) a statement describing the staffing at the new 
     facility, including the number of employees and the types of 
     positions held by such employees;
       ``(IX) evidence of wages paid to employees;
       ``(X) evidence of the financial status of the new facility; 
     and
       ``(XI) any other evidence or data prescribed by the 
     Secretary.
       ``(iii) Notwithstanding subclauses (I) through (VI) of 
     clause (ii), and subject to the maximum period of authorized 
     admission set forth in subparagraph (D), the Secretary of 
     Homeland Security may approve a petition subsequently filed 
     on behalf of the beneficiary to continue employment at the 
     facility described in this subsection for a period beyond the 
     initially granted 12-month period if the importing employer 
     demonstrates that the failure to satisfy any of the 
     requirements described in those subclauses was directly 
     caused by extraordinary circumstances beyond the control of 
     the importing employer.
       ``(iv) For purposes of determining the eligibility of an 
     alien for classification under section 101(a)(15)(L), the 
     Secretary of Homeland Security shall work cooperatively with 
     the Secretary of State to verify a company or facility's 
     existence in the United States and abroad.''.
       (b) Restriction on Blanket Petitions.--Section 214(c)(2)(A) 
     of such Act is amended to read as follows:
       ``(2)(A) The Secretary of Homeland Security may not permit 
     the use of blanket petitions to import aliens as 
     nonimmigrants under section 101(a)(15)(L).''.
       (c) Prohibition on Outplacement.--Section 214(c)(2) of such 
     Act, as amended by this section, is further amended by adding 
     at the end the following:
       ``(H) An employer who imports 1 or more aliens as 
     nonimmigrants described in section 101(a)(15)(L) shall not 
     place, outsource, lease, or otherwise contract for the 
     placement of an alien admitted or provided status as an L-1 
     nonimmigrant with another employer.''.
       (d) Investigations and Audits by Department of Homeland 
     Security.--
       (1) Department of homeland security investigations.--
     Section 214(c)(2) of such Act, as amended by this section, is 
     further amended by adding at the end the following:
       ``(I)(i) The Secretary of Homeland Security may initiate an 
     investigation of any employer that employs nonimmigrants 
     described in section 101(a)(15)(L) with regard to the 
     employer's compliance with the requirements of this 
     subsection.
       ``(ii) If the Secretary of Homeland Security receives 
     specific credible information from a source who is likely to 
     have knowledge of an employer's practices, employment 
     conditions, or compliance with the requirements under this 
     subsection, the Secretary may conduct an investigation into 
     the employer's compliance with the requirements of this 
     subsection. The Secretary may withhold the identity of the 
     source from the employer, and the source's identity shall not 
     be subject to disclosure under section 552 of title 5.
       ``(iii) The Secretary of Homeland Security shall establish 
     a procedure for any person desiring to provide to the 
     Secretary of Homeland Security information described in 
     clause (ii) that may be used, in whole or in part, as the 
     basis for the commencement of an investigation described in 
     such clause, to provide the information in writing on a form 
     developed and provided by the Secretary of Homeland Security 
     and completed by or on behalf of the person.
       ``(iv) No investigation described in clause (ii) (or 
     hearing described in clause (vi) based on such investigation) 
     may be conducted with respect to information about a failure 
     to comply with the requirements under this subsection, unless 
     the Secretary of Homeland Security receives the information 
     not later than 24 months after the date of the alleged 
     failure.
       ``(v) Before commencing an investigation of an employer 
     under clause (i) or (ii), the Secretary of Homeland Security 
     shall provide notice to the employer of the intent to conduct 
     such investigation. The notice shall be provided in such a 
     manner, and shall contain sufficient detail, to permit the 
     employer to respond to the allegations before an 
     investigation is commenced. The Secretary is not required to 
     comply with this clause if the Secretary determines that to 
     do so would interfere with an effort by the Secretary to 
     investigate or secure compliance by the employer with the 
     requirements of this subsection. There shall be no judicial 
     review of a determination by the Secretary under this clause.
       ``(vi) If the Secretary of Homeland Security, after an 
     investigation under clause (i) or (ii), determines that a 
     reasonable basis exists to make a finding that the employer 
     has failed to comply with the requirements under this 
     subsection, the Secretary shall provide interested parties 
     with notice of such determination and an opportunity for a 
     hearing in accordance with section 556 of title 5, United 
     States Code, not later than 120 days after the date of such 
     determination. If such a hearing is requested, the Secretary 
     shall make a finding concerning the matter by not later than 
     120 days after the date of the hearing.
       ``(vii) If the Secretary of Homeland Security, after a 
     hearing, finds a reasonable basis to believe that the 
     employer has violated the requirements under this subsection, 
     the Secretary may impose a penalty under section 
     214(c)(2)(J).''.
       (2) Audits.--Section 214(c)(2)(I) of such Act, as added by 
     paragraph (1), is amended by adding at the end the following:
       ``(viii) The Secretary of Homeland Security may conduct 
     surveys of the degree to which employers comply with the 
     requirements under this section and may conduct annual 
     compliance audits of employers that employ H-1B 
     nonimmigrants. The Secretary shall conduct annual compliance 
     audits of not less than 1 percent of the employers that 
     employ nonimmigrants described in section 101(a)(15)(L) 
     during the applicable calendar year. The Secretary shall 
     conduct annual compliance audits of each employer with more 
     than 100 employees who work in the United States if more than 
     15 percent of such employees are nonimmigrants described in 
     section 101(a)(15)(L).''.
       (3) Reporting requirement.--Section 214(c)(8) of such Act 
     is amended by inserting ``(L),'' after ``(H),''.
       (e) Penalties.--Section 214(c)(2) of such Act, as amended 
     by this section, is further amended by adding at the end the 
     following:
       ``(J)(i) If the Secretary of Homeland Security finds, after 
     notice and an opportunity for a hearing, a failure by an 
     employer to meet a condition under subparagraph (F), (G), 
     (H), (I), or (K) or a misrepresentation of material fact in a 
     petition to employ 1 or more aliens as nonimmigrants 
     described in section 101(a)(15)(L)--
       ``(I) the Secretary of Homeland Security may impose such 
     other administrative remedies (including civil monetary 
     penalties in an amount not to exceed $2,000 per violation) as 
     the Secretary determines to be appropriate; and
       ``(II) the Secretary of Homeland Security may not, during a 
     period of at least 1 year, approve a petition for that 
     employer to employ 1 or more aliens as such nonimmigrants.
       ``(ii) If the Secretary of Homeland Security finds, after 
     notice and an opportunity for a hearing, a willful failure by 
     an employer to meet a condition under subparagraph (F), (G), 
     (H), (I), or (K) or a misrepresentation of material fact in a 
     petition to employ 1 or more aliens as nonimmigrants 
     described in section 101(a)(15)(L)--
       ``(I) the Secretary of Homeland Security may impose such 
     other administrative remedies (including civil monetary 
     penalties in an amount not to exceed $10,000 per violation) 
     as the Secretary determines to be appropriate; and
       ``(II) the Secretary of Homeland Security may not, during a 
     period of at least 2 years, approve a petition filed for that 
     employer to employ 1 or more aliens as such nonimmigrants.
       ``(iii) If the Secretary of Homeland Security finds, after 
     notice and an opportunity for a hearing, a willful failure by 
     an employer to meet a condition under subparagraph (L)(i)--
       ``(I) the Secretary of Homeland Security may impose such 
     other administrative remedies (including civil monetary 
     penalties in an amount not to exceed $10,000 per violation) 
     as the Secretary determines to be appropriate; and
       ``(II) the employer shall be liable to employees harmed for 
     lost wages and benefits.''.
       (f) Wage Determination.--
       (1) Change in minimum wages.--Section 214(c)(2) of such 
     Act, as amended by this section, is further amended by adding 
     at the end the following:
       ``(K)(i) An employer that employs a nonimmigrant described 
     in section 101(a)(15)(L) shall--
       ``(I) offer such nonimmigrant, during the period of 
     authorized employment, wages, based on the best information 
     available at the time the application is filed, which are not 
     less than the highest of--

       ``(aa) the locally determined prevailing wage level for the 
     occupational classification in the area of employment;
       ``(bb) the median average wage for all workers in the 
     occupational classification in the area of employment; or
       ``(cc) the median wage for skill level 2 in the 
     occupational classification found in the most recent 
     Occupational Employment Statistics survey; and

       ``(II) provide working conditions for such nonimmigrant 
     that will not adversely affect the working conditions of 
     workers similarly employed.
       ``(ii) If an employer, in such previous period specified by 
     the Secretary of Homeland Security, employed 1 or more L-1 
     nonimmigrants, the employer shall provide to

[[Page 8349]]

     the Secretary of Homeland Security the Internal Revenue 
     Service Form W-2 Wage and Tax Statement filed by the employer 
     with respect to such nonimmigrants for such period.
       ``(iii) It is a failure to meet a condition under this 
     subparagraph for an employer, who has filed a petition to 
     import 1 or more aliens as nonimmigrants described in section 
     101(a)(15)(L), to--
       ``(I) require such a nonimmigrant to pay a penalty for 
     ceasing employment with the employer before a date mutually 
     agreed to by the nonimmigrant and the employer; or
       ``(II) fail to offer to such a nonimmigrant, during the 
     nonimmigrant's period of authorized employment, on the same 
     basis, and in accordance with the same criteria, as the 
     employer offers to United States workers, benefits and 
     eligibility for benefits, including--

       ``(aa) the opportunity to participate in health, life, 
     disability, and other insurance plans;
       ``(bb) the opportunity to participate in retirement and 
     savings plans; and
       ``(cc) cash bonuses and noncash compensation, such as stock 
     options (whether or not based on performance)).

       ``(iv) The Secretary of Homeland Security shall determine 
     whether a required payment under clause (iii)(I) is a penalty 
     (and not liquidated damages) pursuant to relevant State 
     law.''.
       (2) Effective date.--The amendments made by this subsection 
     shall apply to applications filed on or after the date of the 
     enactment of this Act.

     SEC. 5. WHISTLEBLOWER PROTECTIONS.

       (a) H-1B Whistleblower Protections.--Section 
     212(n)(2)(C)(iv) of the Immigration and Nationality Act (8 
     U.S.C. 1182(n)(2)(C)(iv)) is amended--
       (1) by inserting ``take, fail to take, or threaten to take 
     or fail to take, a personnel action, or'' before ``to 
     intimidate''; and
       (2) by adding at the end the following: ``An employer that 
     violates this clause shall be liable to the employees harmed 
     by such violation for lost wages and benefits.''.
       (b) L-1 Whistleblower Protections.--Section 214(c)(2) of 
     such Act, as amended by section 4, is further amended by 
     adding at the end the following:
       ``(L)(i) It is a violation of this subparagraph for an 
     employer who has filed a petition to import 1 or more aliens 
     as nonimmigrants described in section 101(a)(15)(L) to take, 
     fail to take, or threaten to take or fail to take, a 
     personnel action, or to intimidate, threaten, restrain, 
     coerce, blacklist, discharge, or discriminate in any other 
     manner against an employee because the employee--
       ``(I) has disclosed information that the employee 
     reasonably believes evidences a violation of this subsection, 
     or any rule or regulation pertaining to this subsection; or
       ``(II) cooperates or seeks to cooperate with the 
     requirements of this subsection, or any rule or regulation 
     pertaining to this subsection.
       ``(ii) An employer that violates this subparagraph shall be 
     liable to the employees harmed by such violation for lost 
     wages and benefits.
       ``(iii) In this subparagraph, the term `employee' 
     includes--
       ``(I) a current employee;
       ``(II) a former employee; and
       ``(III) an applicant for employment.''.

     SEC. 6. ADDITIONAL DEPARTMENT OF LABOR EMPLOYEES.

       (a) In General.--The Secretary of Labor is authorized to 
     hire 200 additional employees to administer, oversee, 
     investigate, and enforce programs involving H-1B nonimmigrant 
     workers.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.
                                 ______
                                 
      By Mr. BROWNBACK (for himself, Ms. Landrieu, Mr. Allard, Mr. 
        Bunning, Mr. Burr, Mr. Chambliss, Mr. Coburn, Mr. Corker, Mr. 
        Cornyn, Mr. Crapo, Mr. DeMint, Mrs. Dole, Mr. Domenici, Mr. 
        Ensign, Mr. Enzi, Mr. Graham, Mr. Grassley, Mr. Hagel, Mr. 
        Inhofe, Mr. Kyl, Mr. Lott, Mr. McCain, Mr. Martinez, Mr. 
        Sessions, Mr. Thomas, Mr. Thune, Mr. Vitter, and Mr. 
        Voinovich):
  S. 1036. A bill to amend the Public Health Service Act to prohibit 
human cloning; to the Committee on Health, Education, Labor, and 
Pensions.
  Mr. BROWNBACK. Mr. President, I rise to speak on bipartisan 
legislation that Senator Landrieu and myself are introducing, the Human 
Cloning Prohibition Act. We do this today with 26 other cosponsors. It 
is important to talk about this matter as we set up for the bioethical 
debate which will be taking place after Easter and discuss some of the 
parameters and issues surrounding this topic. We have a continuum of 
discussion points, as this body and the rest of the country and, 
indeed, the world is engaged on the subject.
  There is an ethical way to move forward on stem cell research that is 
producing treatments and applications for human maladies, now in over 
70 areas. The science continues to grow, and it is promising. I have 
held press conferences involving people with spinal cord injuries who 
could not walk and are walking again with the aid of braces. I have 
hosted people at press conferences who are suffering from congestive 
heart failure yet are now able to go up flights of stairs they couldn't 
even imagine previously with treatments utilizing their own adult stem 
cells. I have visited with cancer patients who have been treated with 
cord blood stem cells who are cancer-free now.
  We have new discoveries taking place. For example, in the amniotic 
fluid surrounding the child in the womb exists an abundant supply of 
stem cells that are malleable into many different types of cells. We 
just learned about this breakthrough less than 6 months ago, and there 
are no ethical problems with it whatsoever. It is a beautiful science 
that is developing. In the near future, I believe we are going to see 
these adult stem cell advances taking root and moving forward in a 
glorious fashion: so that people can literally walk again who were not 
able to walk; so that people can literally be cured of heart conditions 
who had no cure and were only hoping for the possibility of a 
transplant; so that people, instead of having a mechanical bladder 
control on their side, are able to have a bladder grown of their own 
adult stem cells around a matrix and a frame that can be inserted back 
in the body that would be functioning again. The science is beautiful.
  The ethical quagmire is significant as well: if we decide the route 
to pursue is to clone human beings; if we decide the route to pursue is 
to treat some humans as property, as a commodity to be researched and 
to be used. Human cloning and treating some humans as property are not 
the way to go.
  What we are seeing from the clear science that has taken place in the 
past and the present is that human embryonic stem cells produce tumors. 
This has occurred in cloning situations and in noncloning embryonic 
stem cell situations. Embryonic stem cells produce tumors. A tumor in 
this situation is a growth of tissue that doesn't fit the intended 
purpose. Scientists are experiencing significant problems in this 
embryonic area. While we are developing treatments and applications 
using adult stem cells, cord blood, and, hopefully in the future, 
amniotic fluid, we are not seeing the same success using human 
embryonic cells.
  The legislation that we put forward today, with 28 sponsors, would 
affirm that the United States places tremendous value on the dignity of 
each and every human life at whatever stage that life is in, from the 
very earliest moments to the very end of life. It would recognize the 
dignity of human life in this country and around the world. We don't 
want to see people recruiting women in a foreign country to give eggs 
on a massive scale for research purposes for the development of human 
clones. This legislation affirms that we stand for human dignity, from 
the very young human embryo to vulnerable women who could be coerced 
into donating eggs at potentially significant health risk to 
themselves. The legislation would make clear that the cloning of human 
persons is not something that we as a society will accept.
  The Brownback-Landrieu Human Cloning Prohibition Act is endorsed by 
the President. It will bring the United States into conformity with the 
United Nations, whose General Assembly called on all member states ``to 
prohibit all forms of human cloning'' by a strong 84-to-34 margin. The 
problem with cloning human beings is that it violates the inherent 
dignity of a human being on so many levels. Cloning transgresses our 
heritage's sacred values about what is good and what is true and what 
is beautiful.
  Western civilization is built on the tenet that every human life has 
immeasurable value at every stage. Human beings are ends in themselves. 
It is wrong to use any human purpose

[[Page 8350]]

as a means to an end. Upon this principle are our laws founded. Without 
this principle, much of our law has little basis. That inherent beauty 
and dignity of each person at every phase of life, no matter where they 
are or who they are, no matter what they look like, no matter what 
their physical condition is, they are beautiful and unique. They are 
sacred. They are a child of a loving God, period.
  Human cloning for whatever purpose is wrong because it turns humans 
into commodities or spare parts or even research animals. In recent 
debate, human cloning has been referred to as therapeutic cloning, 
research cloning, or simply SCNT, somatic cell nuclear transfer. These 
are presented as contrasts to reproductive cloning. But it should be 
noted that ``therapeutic,'' ``research,'' and ``reproductive'' are 
merely adjectives used to describe what is done with a human clone or 
with a cloned human. SCNT is just the scientific description of the 
cloning process. It is like calling a butterfly a lepidoptera--it still 
is a butterfly.
  A CRS report for Congress notes:

       [A] human embryo produced via cloning involves the process 
     called somatic cell nuclear transfer (SCNT). In SCNT the 
     nucleus of an egg is removed and replaced by the nucleus from 
     a mature body cell, such as a skin cell. In cloning, the 
     embryo is created without sexual reproduction.

  That is the CRS report definition of a human clone.
  Stem cell pioneer Dr. James Thomson has said:

       If you create an embryo by [SCNT cloning] and give it to 
     somebody who didn't know where it came from, there would be 
     no test you could do to that embryo to say where it came 
     from. It is what it is. . . . If you try to define it away, 
     you're being disingenuous.

  These quotes note that the SCNT process is cloning.
  With reproductive and therapeutic cloning, human beings are turned 
into commodities or in some cases spare parts to be dissected in the 
laboratory, with the claim that some day they may be administered to 
other humans to provide a treatment. Treatments are praiseworthy but 
not at the expense of the destruction of other members of the human 
family. We all want to treat people. I want to find a cure for cancer. 
However, it is wrong to turn humans into a means to an end.
  It is also wrong to exploit women for their eggs. That is the other 
side of the human cloning story. SCNT cloning, as proposed by 
proponents of the technique, would require millions of human eggs. Poor 
and disadvantaged women in particular would be vulnerable to 
exploitation via financial incentives for donation. This is troubling 
because retrieving such eggs violates the dignity of a woman and may 
cause serious harm to her health.
  The Brownback-Landrieu Human Cloning Prohibition Act is the only 
effective ban on human cloning. Any other so-called human cloning bans 
outside of this one are bans in name only and, in fact, most of them 
provide for human cloning for research purposes. So, under other bans, 
you can actually create a clone. They won't call it a clone; they will 
call it a product of SCNT. They will say you may create and do research 
on the clone; we just won't let you implant it. What is the clone, 
then, at that point in time? Is it in the human species at that point? 
Is it genetic material at that point in time? Indeed, it is. 
Biologically, it is a human.
  Others would only regulate what could be done with a human clone, 
normally requiring its destruction, but they do nothing to prevent the 
process of human cloning, which inherently violates human dignity. We 
should take a stand against turning young humans into commodities, 
research animals, and spare parts. We should not destroy young human 
lives for research purposes.
  That is why I urge my colleagues to support this human cloning 
prohibition ban.
                                 ______
                                 
      By Mr. CORNYN (for himself and Mr. Harkin):
  S. 1038. A bill to amend the Internal Revenue Code of 1986 to expand 
workplace health incentives by equalizing the tax consequences of 
employee athletic facility use; to the Committee on Finance.
  Mr. CORNYN. Mr. President, I rise to introduce the Workforce Health 
Improvement Program Act of 2007, otherwise known as the WHIP Act. This 
bipartisan bill I introduce today is the same legislation I introduced 
in the 109th Congress. I am very pleased to be joined again by my good 
friend and colleague, Senator Tom Harkin, who shares my commitment to 
helping keep America fit.
  Public health experts unanimously agree that people who maintain 
active and healthy lifestyles dramatically reduce their risk of 
contracting chronic diseases. And as the government works to reign in 
the high cost of health care, it is worth talking about what we all can 
do to help ourselves. As you know, prevention is key, and exercise is a 
primary component in the prevention of many adverse health conditions 
that can arise over one's lifetime. A physically fit population helps 
to decrease health-care costs, reduce governmental spending, reduce 
illnesses, and improve worker productivity.
  According to the Centers for Disease Control and Prevention (CDC), 
the economic cost alone to businesses in the form of health insurance 
and absenteeism is more that $15 billion. Additionally, Medicare and 
Medicaid programs currently spend $84 billion annually on five major 
chronic diseases: diabetes, heart disease, depression, cancer, and 
arthritis.
  Reports also show that only about 15 percent of adults perform the 
recommended amount of physical activity, and 40 percent of adults do 
not participate in any physical activity. With physical inactivity 
being a key contributing factor to overweight and obesity, and 
adversely affecting workforce productivity, we quite simply need to do 
more to help employers encourage exercise.
  Given the tremendous benefits exercise provides, I believe Congress 
has a duty to create as many incentives as possible to get Americans 
off the couch, up, and moving.
  With this in mind, I am introducing the WHIP Act.
  Current law already permits businesses to deduct the cost of on-site 
workout facilities, which are provided for the benefit of employees on 
a pre-tax basis. But if a business wants or needs to outsource these 
health benefits, they and/or their employees are required to bear the 
full cost. In other words, employees who receive off-site fitness 
center subsidies are required to pay income tax on the benefits, and 
their employers bear the associated administrative costs of complying 
with the IRS rules.
  The WHIP Act would correct this inequity in the tax code to the 
benefit of many smaller businesses and their employees. Specifically, 
it would provide an employer's right to deduct up to $900 of the cost 
of providing health club benefits off-site for their employees. In 
addition, the employer's contribution to the cost of the health club 
fees would not be taxable income for employees creating an incentive 
for more employers to contribute to the health and welfare of their 
employees.
  The WHIP Act is an important step in reversing the largely 
preventable health crisis that our country is facing, through the 
promotion of physical activity and disease prevention. It is a critical 
component of America's health care policy: prevention. It will improve 
our nation's quality of life by promoting physical activity and 
preventing disease. Additionally, it will help relieve pressure on a 
strained health care system and correct an inequity in the current tax 
code.
  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. 1038

       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 ``Workforce Health Improvement 
     Program Act of 2007''.

     SEC. 2. EMPLOYER-PROVIDED OFF-PREMISES HEALTH CLUB SERVICES.

       (a) Treatment as Fringe Benefit.--Subparagraph (A) of 
     section 132(j)( 4) of the Internal Revenue Code of 1986 
     (relating to on-

[[Page 8351]]

     premises gyms and other athletic facilities) is amended to 
     read as follows:
       ``(A) In general.--Gross income shall not include--
       ``(i) the value of any on-premises athletic facility 
     provided by an employer to its employees, and
       ``(ii) so much of the fees, dues, or membership expenses 
     paid by an employer to an athletic or fitness facility 
     described in subparagraph (C) on behalf of its employees as 
     does not exceed $900 per employee per year.''.
       (b) Athletic Facilities Described.--Paragraph (4) of 
     section 132(j) of the Internal Revenue Code of 1986 (relating 
     to special rules) is amended by adding at the end the 
     following new subparagraph:
       ``(C) Certain athletic or fitness facilities described.--
     For purposes of subparagraph (A)(ii), an athletic or fitness 
     facility described in this subparagraph is a facility--
       ``(i) which provides instruction in a program of physical 
     exercise, offers facilities for the preservation, 
     maintenance, encouragement, or development of physical 
     fitness, or is the site of such a program of a State or local 
     government,
       ``(ii) which is not a private club owned and operated by 
     its members,
       ``(iii) which does not offer golf, hunting, sailing, or 
     riding facilities,
       ``(iv) whose health or fitness facility is not incidental 
     to its overall function and purpose, and
       ``(v) which is fully compliant with the State of 
     jurisdiction and Federal anti-discrimination laws.''.
       (c) Exclusion Applies to Highly Compensated Employees Only 
     if No Discrimination.--Section 132(j)(1) of the Internal 
     Revenue Code of 1986 is amended--
       (1) by striking ``Paragraphs (1) and (2) of sub-section 
     (a)'' and inserting ``Subsections (a)(1), (a)(2), and 
     (j)(4)'', and
       (2) by striking the heading thereof through ``(2) apply'' 
     and inserting ``Certain exclusions apply''.
       (d) Employer Deduction for Dues to Certain Athletic 
     Facilities.--
       (1) In General.--Paragraph (3) of section 274(a) of the 
     Internal Revenue Code of 1986 (relating to denial of 
     deduction for club dues) is amended by adding at the end the 
     following new sentence: ``The preceding sentence shall not 
     apply to so much of the fees, dues, or membership expenses 
     paid to athletic or fitness facilities (within the meaning of 
     section 132(j)(4)(C)) as does not exceed $900 per employee 
     per year.''.
       (2) Conforming amendment.--The last sentence of section 
     274(e)(4) of such Code is amended by inserting ``the first 
     sentence of'' before ``subsection (a)(3)''.
       (e) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.
                                 ______
                                 
      By Mr. KENNEDY (for himself, Mr. Dodd, Mr. Harkin, Ms. Mikulski, 
        Mr. Bingaman, Mrs. Murray, Mr. Reed, Mrs. Clinton, Mr. Obama, 
        Mr. Sanders, Mr. Brown, Mr. Byrd, Mr. Inouye, Mr. Biden, Mr. 
        Leahy, Mr. Baucus, Mr. Levin, Mr. Kerry, Mr. Rockefeller, Mr. 
        Reid, Mr. Conrad, Mr. Kohl, Mr. Lieberman, Mr. Akaka, Mrs. 
        Feinstein, Mr. Dorgan, Mrs. Boxer, Mr. Feingold, Mr. Wyden, Mr. 
        Durbin, Mr. Johnson, Ms. Landrieu, Mr. Schumer, Mr. Bayh, Mr. 
        Carper, Ms. Stabenow, Ms. Cantwell, Mr. Nelson of Florida, Mr. 
        Lautenberg, Mr. Menendez, Mr. Cardin, Mr. Webb, Mr. Casey, Mrs. 
        McCaskill, Ms. Klobuchar, Mr. Whitehouse, and Mr. Tester):
  S. 1041. A bill to amend the National Labor Relations Act to 
establish an efficient system to enable employees to form, join, or 
assist labor organizations, to provide or mandatory injunctions for 
unfair labor practices during organizing efforts, and for other 
purposes; to the Committee on Health, Education, Labor, and Pensions.
  Mr. KENNEDY. Mr. President, for far too long, we've acquiesced in a 
lop-sided economy that benefits wealthy individuals and corporations, 
but not America's working families. Tens of millions of our men and 
women are working harder than ever, but they aren't receiving their 
fair share of the economy they helped do so much to create and sustain.
  Since President Bush took office, corporate profits have increased 65 
percent. Productivity is up 18 percent. But household income has 
declined; the wages of working Americans are stagnant. Six million have 
lost their health insurance. Their retirement is uncertain as well--
only 1 in 5 workers today has a guaranteed pension. In short, working 
families are finding that the American dream is beyond their reach. 
This injustice is worsening each year, and it is time for Congress to 
deal with it.
  The best way to see that employees receive their fair share of 
America's prosperity is to give them a stronger voice in the workplace. 
Unions were fundamental in building America's middle class, and they 
have a vital role today in preserving the American dream for working 
families.
  Unions can make all the difference between an economy that's fair, 
and an economy where working people are left behind. Union wages are 30 
percent higher than non-union wages. 80 percent of union workers have 
health insurance, compared to only 49 percent of non-union workers. 
Union members are 4 times more likely to have a secure, guaranteed 
pension.
  No wonder most American workers want union representation. The 
question is, why don't more of them have it?
  The reason is clear. In 2005 alone, more than 30,000 workers were 
illegally fired or retaliated against for attempting to exercise their 
right to have a union in their workplace. Every 17 minutes, a worker is 
fired or punished in some illegal way for supporting a union. 
Unscrupulous employers routinely break the law to keep unions out--they 
intimidate employees, harass them, and discriminate against them. They 
shut down whole departments--or even entire plants--to avoid 
negotiating a union contract. It's illegal and unacceptable, but it 
happens every day.
  Clearly, the current system is broken. It can't stop these illegal, 
anti-worker, anti-labor, anti-union tactics that take place every day. 
The penalties are so minor that employers treat them as just another 
cost of doing business. Even when workers succeed in forming a union, 
they often can't obtain a first contract because management stonewalls 
them and refuses to negotiate. Half of all cases alleging that 
employers refused to bargain are filed during first-contract 
negotiations--and in most of those cases, the National Labor Relations 
Board finds an unfair labor practice.
  Year after year, Congress has refused to act against these union-
busting tactics that are now all too familiar in the workplace. It's 
time to listen to the voice of America's working men and women, and 
give them what they want and deserve--a fair voice in the workplace and 
a fair chance at the American dream.
  That's why I'm reintroducing the Employee Free Choice Act today. This 
essential legislation will strengthen protections for workers' freedom 
to choose union representation. It will restore their democratic right 
to join together for better wages, better benefits, and better working 
conditions. It will help millions of working men and women to build a 
better life for themselves and a better future for their children.
  I am proud to have 46 of my fellow Senators joining me in sponsoring 
this important bill, and I hope that all of my colleagues will 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. 1041

       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 ``Employee Free Choice Act of 
     2007''.

     SEC. 2. STREAMLINING UNION CERTIFICATION.

       (a) In General.--Section 9(c) of the National Labor 
     Relations Act (29 U.S.C. 159(c)) is amended by adding at the 
     end the following:
       ``(6) Notwithstanding any other provision of this section, 
     whenever a petition shall have been filed by an employee or 
     group of employees or any individual or labor organization 
     acting in their behalf alleging that a majority of employees 
     in a unit appropriate for the purposes of collective 
     bargaining wish to be represented by an individual or labor 
     organization for such purposes, the Board shall investigate 
     the petition. If the Board finds that a majority of the 
     employees in a unit appropriate for bargaining has signed 
     valid authorizations designating the individual or labor 
     organization specified in

[[Page 8352]]

     the petition as their bargaining representative and that no 
     other individual or labor organization is currently certified 
     or recognized as the exclusive representative of any of the 
     employees in the unit, the Board shall not direct an election 
     but shall certify the individual or labor organization as the 
     representative described in subsection (a).
       ``(7) The Board shall develop guidelines and procedures for 
     the designation by employees of a bargaining representative 
     in the manner described in paragraph (6). Such guidelines and 
     procedures shall include--
       ``(A) model collective bargaining authorization language 
     that may be used for purposes of making the designations 
     described in paragraph (6); and
       ``(B) procedures to be used by the Board to establish the 
     validity of signed authorizations designating bargaining 
     representatives.''.
       (b) Conforming Amendments.--
       (1) National labor relations board.--Section 3(b) of the 
     National Labor Relations Act (29 U.S.C. 153(b)) is amended, 
     in the second sentence--
       (A) by striking ``and to'' and inserting ``to''; and
       (B) by striking ``and certify the results thereof,'' and 
     inserting ``, and to issue certifications as provided for in 
     that section,''.
       (2) Unfair labor practices.--Section 8(b) of the National 
     Labor Relations Act (29 U.S.C. 158(b)) is amended--
       (A) in paragraph (7)(B) by striking ``, or'' and inserting 
     ``or a petition has been filed under section 9(c)(6), or''; 
     and
       (B) in paragraph (7)(C) by striking ``when such a petition 
     has been filed'' and inserting ``when such a petition other 
     than a petition under section 9(c)(6) has been filed''.

     SEC. 3. FACILITATING INITIAL COLLECTIVE BARGAINING 
                   AGREEMENTS.

       Section 8 of the National Labor Relations Act (29 U.S.C. 
     158) is amended by adding at the end the following:
       ``(h) Whenever collective bargaining is for the purpose of 
     establishing an initial agreement following certification or 
     recognition, the provisions of subsection (d) shall be 
     modified as follows:
       ``(1) Not later than 10 days after receiving a written 
     request for collective bargaining from an individual or labor 
     organization that has been newly organized or certified as a 
     representative as defined in section 9(a), or within such 
     further period as the parties agree upon, the parties shall 
     meet and commence to bargain collectively and shall make 
     every reasonable effort to conclude and sign a collective 
     bargaining agreement.
       ``(2) If after the expiration of the 90-day period 
     beginning on the date on which bargaining is commenced, or 
     such additional period as the parties may agree upon, the 
     parties have failed to reach an agreement, either party may 
     notify the Federal Mediation and Conciliation Service of the 
     existence of a dispute and request mediation. Whenever such a 
     request is received, it shall be the duty of the Service 
     promptly to put itself in communication with the parties and 
     to use its best efforts, by mediation and conciliation, to 
     bring them to agreement.
       ``(3) If after the expiration of the 30-day period 
     beginning on the date on which the request for mediation is 
     made under paragraph (2), or such additional period as the 
     parties may agree upon, the Service is not able to bring the 
     parties to agreement by conciliation, the Service shall refer 
     the dispute to an arbitration board established in accordance 
     with such regulations as may be prescribed by the Service. 
     The arbitration panel shall render a decision settling the 
     dispute and such decision shall be binding upon the parties 
     for a period of 2 years, unless amended during such period by 
     written consent of the parties.''.

     SEC. 4. STRENGTHENING ENFORCEMENT.

       (a) Injunctions Against Unfair Labor Practices During 
     Organizing Drives.--
       (1) In general.--Section 10(l) of the National Labor 
     Relations Act (29 U.S.C. 160(l)) is amended--
       (A) in the second sentence, by striking ``If, after such'' 
     and inserting the following:
       ``(2) If, after such''; and
       (B) by striking the first sentence and inserting the 
     following:
       ``(1) Whenever it is charged--
       ``(A) that any employer--
       ``(i) discharged or otherwise discriminated against an 
     employee in violation of subsection (a)(3) of section 8;
       ``(ii) threatened to discharge or to otherwise discriminate 
     against an employee in violation of subsection (a)(1) of 
     section 8; or
       ``(iii) engaged in any other unfair labor practice within 
     the meaning of subsection (a)(1) that significantly 
     interferes with, restrains, or coerces employees in the 
     exercise of the rights guaranteed in section 7;
     while employees of that employer were seeking representation 
     by a labor organization or during the period after a labor 
     organization was recognized as a representative defined in 
     section 9(a) until the first collective bargaining contract 
     is entered into between the employer and the representative; 
     or
       ``(B) that any person has engaged in an unfair labor 
     practice within the meaning of subparagraph (A), (B) or (C) 
     of section 8(b)(4), section 8(e), or section 8(b)(7);
     the preliminary investigation of such charge shall be made 
     forthwith and given priority over all other cases except 
     cases of like character in the office where it is filed or to 
     which it is referred.''.
       (2) Conforming amendment.--Section 10(m) of the National 
     Labor Relations Act (29 U.S.C. 160(m)) is amended by 
     inserting ``under circumstances not subject to section 
     10(l)'' after ``section 8''.
       (b) Remedies for Violations.--
       (1) Backpay.--Section 10(c) of the National Labor Relations 
     Act (29 U.S.C. 160(c)) is amended by striking ``And provided 
     further,'' and inserting ``Provided further, That if the 
     Board finds that an employer has discriminated against an 
     employee in violation of subsection (a)(3) of section 8 while 
     employees of the employer were seeking representation by a 
     labor organization, or during the period after a labor 
     organization was recognized as a representative defined in 
     subsection (a) of section 9 until the first collective 
     bargaining contract was entered into between the employer and 
     the representative, the Board in such order shall award the 
     employee back pay and, in addition, 2 times that amount as 
     liquidated damages: Provided further,''.
       (2) Civil penalties.--Section 12 of the National Labor 
     Relations Act (29 U.S.C. 162) is amended--
       (A) by striking ``Any'' and inserting ``(a) Any''; and
       (B) by adding at the end the following:
       ``(b) Any employer who willfully or repeatedly commits any 
     unfair labor practice within the meaning of subsections 
     (a)(1) or (a)(3) of section 8 while employees of the employer 
     are seeking representation by a labor organization or during 
     the period after a labor organization has been recognized as 
     a representative defined in subsection (a) of section 9 until 
     the first collective bargaining contract is entered into 
     between the employer and the representative shall, in 
     addition to any make-whole remedy ordered, be subject to a 
     civil penalty of not to exceed $20,000 for each violation. In 
     determining the amount of any penalty under this section, the 
     Board shall consider the gravity of the unfair labor practice 
     and the impact of the unfair labor practice on the charging 
     party, on other persons seeking to exercise rights guaranteed 
     by this Act, or on the public interest.''.
                                 ______
                                 
      By Mrs. FEINSTEIN:
  S. 1043. A bill to require the Secretary of Veterans Affairs to 
submit a report to Congress on proposed changes to the use of the West 
Los Angeles Department of Veterans Affairs Medical Center, California; 
to the Committee on Veterans' Affairs.
  Mrs. FEINSTEIN. Mr. President, I rise today to introduce legislation 
to ensure that the land on the West Los Angeles Veterans Affairs, West 
LA VA, campus is protected for the use of America's Veterans.
  The bill would: require the VA Secretary to provide the Congressional 
Appropriations and Veterans Committees a comprehensive report regarding 
the master plan for the West LA VA facility and connected property.
  The VA was required under Public Law 105-368 to develop a master plan 
for the West LA VA property.
  If the VA has failed to developed the plan, the legislation requires 
it to complete a master plan prior to implementing any action based on 
the Capital Asset Realignment for Enhanced Services (CARES) initiative.
  The VA would be prohibited from issuing any enhanced-use lease 
agreements for the West LA VA property until the master plan is 
completed and submitted to Congress.
  Prevent the VA Secretary from implementing any portion of the master 
plan until 120 days after the submission of the plan to the 
Appropriations and Veterans Committees.
  In addition, the Secretary would be expressly prohibited from 
pursuing development initiatives regarding the West LA VA property not 
relating to direct Veterans services unless explicitly authorized by 
Congress through legislation.
  Direct Veterans services are defined in this legislation as any 
services ``directly related'' to maintaining the health, welfare, and 
support of Veterans.
  Last year, the Senate approved similar language in the FY07 MILCON/VA 
Appropriations bill that required the VA to provide the Appropriations 
Committees a report on the master plan for the West LA VA Medical 
Center and connected land.
  The fiscal year 2007 MILCON/VA Appropriations Act passed the Senate 
on November 18, 2006.
  Unfortunately, all but 2 of the 11 Appropriations bills--including 
MILCON/VA--were ultimately packaged together in a Continuing Resolution 
for

[[Page 8353]]

fiscal year 2007, and the language was never considered by the full 
Congress.
  The bill I am introducing today is absolutely essential in light of a 
number of unacceptable actions that have previously been taken by the 
VA that, in my view, violate the spirit, if not the letter, of the law.
  Last month, I joined with my colleagues Senator Barbara Boxer and 
Congressman Henry Waxman in writing a letter to VA Secretary James 
Nicholson strongly objecting to recent decisions by the VA relating to 
the West LA VA facility and land.
  Over the past year alone, the VA has permitted the construction of a 
facility for the Fox Entertainment Group on the West LA VA property, 
and has approved a lease agreement with Enterprise Car Rental to 
operate on the campus.
  In addition, the VA has allowed the Westside Shepherd of the Hill 
Church to rent a building on the property in which to hold its Sunday 
services and provided additional housing space for the University of 
California-Los Angeles (UCLA).
  The VA reportedly has also considered lease projects such as movie 
productions, a drive-in theather, a circus event, and a golf course.
  This must be put to a stop and the legislation I introduce today 
would do just that.
  For too long, commercial interests have trumped the needs of our 
Veterans.
  These 400 acres of land were donated to the government in 1888 
specifically for Veterans and should remain that way--just as then-VA 
Secretary Anthony Principi promised during a visit to Los Angeles in 
February 2002.
  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. 1043

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

     SECTION 1. REPORT ON USE OF LANDS AT WEST LOS ANGELES 
                   DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER, 
                   CALIFORNIA.

       (a) Finding.--Congress finds that section 707 of the 
     Veterans Programs Enhancement Act of 1998 (Public Law 105-
     368; 112 Stat. 3351) required the Secretary of Veterans 
     Affairs to submit to Congress a report on the master plan of 
     the Department of Veterans Affairs, or a plan for the 
     development of such a master plan, relating to the use of 
     Department lands at the West Los Angeles Department of 
     Veterans Affairs Medical Center, California.
       (b) Report.--The Secretary of Veterans Affairs shall submit 
     to Congress a report on the master plan of the Department of 
     Veterans Affairs relating to the use of Department lands at 
     the West Los Angeles Department of Veterans Affairs Medical 
     Center, California.
       (c) Report Elements.--The report under subsection (b) shall 
     set forth the following:
       (1) The master plan referred to in that subsection, if such 
     a plan currently exists.
       (2) A current assessment of the master plan.
       (3) Any proposal of the Department for a veterans park on 
     the lands referred to in subsection (b), and an assessment of 
     each such proposal.
       (4) Any proposal to use a portion of the lands referred to 
     in subsection (b) as dedicated green space, and an assessment 
     of each such proposal.
       (d) Alternative Report Element.--
       (1) Plan for development of master plan.--If the master 
     plan referred to in subsection (b) does not exist as of the 
     date of the enactment of this Act, the Secretary shall set 
     forth in the report under that subsection, in lieu of the 
     matters specified in paragraphs (1) and (2) of subsection 
     (c), a plan for the development of a master plan for the use 
     of the lands referred to in subsection (b) during each period 
     as follows:
       (A) The 25-year period beginning on the date of the 
     enactment of this Act.
       (B) The 50-year period beginning on the date of the 
     enactment of this Act.
       (2) Completion of master plan.--The master plan referred to 
     in paragraph (1) shall be completed before both of the 
     following:
       (A) The adoption of the plan under the Capital Asset 
     Realignment for Enhanced Services (CARES) initiative for the 
     lands referred to in subsection (b).
       (B) The issuance of any enhanced use lease with respect to 
     any portion of such lands.
       (3) Coordination with cares.--The master plan referred to 
     in paragraph (1) and the plan under the Capital Asset 
     Realignment for Enhanced Services initiative for the lands 
     referred to in subsection (b) shall be consistent.
       (e) Limitations on Implementation.--
       (1) In general.--The Secretary may not implement any 
     portion of the master plan referred to in subsection (b) or 
     the plan referred to in subsection (d), as applicable, until 
     120 days after the date of the receipt by the appropriate 
     congressional committees of the report referred to in such 
     subsection.
       (2) Actions other than direct veterans services.--In the 
     case of any portion of the master plan referred to in 
     subsection (b) or the plan referred to in subsection (d), as 
     applicable, that does not relate to direct veterans services, 
     the Secretary may not carry out such portion of such plan 
     except pursuant to provisions of law enacted after the date 
     of the receipt by the appropriate congressional committees of 
     the report referred to in such subsection.
       (f) Construction.--Nothing in this section shall be 
     construed to prevent the Secretary from providing, with 
     respect to the lands referred to in subsection (b), routine 
     maintenance, facility upkeep, tasks connected to capital 
     improvements, and activities related to the construction of a 
     State veterans home.
       (g) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Veterans' Affairs and the Committee on 
     Appropriations of the Senate; and
       (B) the Committee on Veterans' Affairs and the Committee on 
     Appropriations of the House of Representatives.
       (2) Direct veterans services.--The term ``direct veterans 
     services'' means services directly related to maintaining the 
     health, welfare, and support of veterans.
                                 ______
                                 
      By Mr. BIDEN:
  S. 1044. A bill to improve the medical care of members of the Armed 
Forces and veterans, and for other purposes; to the Committee on Armed 
Services.
  Mr. BIDEN. Mr. President, I would like to take the opportunity today 
to introduce an important piece of legislation to improve the ability 
of the Department of Defense and the Department of Veterans Affairs to 
provide medical care for our Nation's Armed Forces and veterans. We are 
currently finishing up a debate in the Senate on additional war time 
funding for Iraq. As in past years, we are trying to mitigate the 
damage caused by the failure to properly plan for and manage the 
aftermath of Saddam Hussein's fall. I have spoken many times about how 
damaging this lack of planning has been to our efforts in Iraq and to 
our standing in the world.
  For the past two months, the spotlight has shone on another 
administration failure in this war: the shameful conditions our wounded 
soldiers face as outpatients navigating the military health system when 
they return from Iraq or Afghanistan. This is another example of gross 
mismanagement and a strained system. To alleviate the strain on this 
system, I am offering legislation today--the Effective Care for the 
Armed Forces and Veterans Act--to improve the care that members of the 
Armed Forces and veterans receive at Walter Reed and other military 
medical facilities.
  The purpose of this legislation is to ensure that some of the reasons 
for concern at Walter Reed do not occur in the future. As the living 
conditions for outpatients at Walter Reed Army Medical Center indicate, 
moving to private contracts for maintenance at military medical 
facilities can cause problems. After a private contract was awarded for 
maintenance and upkeep of buildings on the campus of Walter Reed Army 
Medical Center, a maintenance crew of approximately 300 was whittled 
down to 50 by the time the contract went in to effect. Many of the 
terrible living conditions in Building 18 that we read about in the 
Washington Post were a direct result of delays in building repair and 
maintenance because of a shortage in manpower. To prevent this 
situation from occurring again, this legislation calls for public-
private competitions of maintenance services at military medical 
complexes to stop while our country is engaged in military conflicts. 
It also calls for a General Accountability Office review of 
contracting-out decisions for basic maintenance work at military 
facilities.
  Other problems discovered at Walter Reed are directly attributable to 
shortages resulting from pressures to cut budgets for military medical 
services. These cuts cannot be tolerated at a time when military 
medical services are needed to treat servicemembers

[[Page 8354]]

who have been wounded in Iraq and Afghanistan. As such, this 
legislation would require medical command budgets to be equal to or 
exceed the prior year amount while the nation is involved in a major 
military conflict or war.
  Another issue that the conditions at Walter Reed brought up is 
whether or not the facility should be closed as the Base Realignment 
and Closure Commission recommended. The Commission recommended building 
new, modern facilities at the National Naval Medical Center at Bethesda 
and at Fort Belvoir to improve the overall quality of care and access 
to care in this region. Military leaders have indicated that the 
planned closure has limited their ability to attract needed 
professionals to jobs at Walter Reed and there have been concerns 
raised whether adequate housing for the families of the wounded has 
been properly planned. To deal with that, this legislation requires the 
Department of Defense to submit to Congress within one year a detailed 
plan that includes an evaluation of the following: the desirability of 
being able to guarantee professional jobs in the D.C. area for two 
years or more following the closure in order to foster a stable 
workforce; detailed construction plans for the new facilities and for 
new family housing; and the costs and benefits of building all of the 
needed medical treatment, rehabilitation, and housing before a single 
unit is moved.
  Another major problem and source of frustration for injured soldiers 
is the length of time it takes to receive a disability determination. 
In order to hasten the disability determination process, we need to 
ensure that the Department of Defense has information systems capable 
of communicating with those in the Department of Veterans Affairs. The 
VA has been a leader in implementing electronic medical record keeping, 
but we have to improve the capability of the Department of Defense to 
send electronic medical records to the VA to speed up the disability 
determination process. Making the disability determination system more 
efficient can reduce the stress on the soldiers and their families 
going through the determination process.
  Caseworkers are also critical. They schedule appointments and make 
sure wounded servicemembers get the rehabilitative and follow-up care 
they need. As more and more soldiers and marines come home wounded, 
many military caseworkers are overwhelmed. To improve the care given to 
servicemembers, this legislation requires a minimum ratio of case 
managers to patients of 1 to 20, that case managers have contact with 
recovering servicemembers at least once a week, and that case managers 
be properly trained on the military's disability and discharge systems 
so they can better assist patients with their paperwork.
  Currently, many combat veterans returning from Iraq and Afghanistan 
have service-related mental health issues like post-traumatic stress 
disorder (PTSD) and traumatic brain injury (TBI). Many have labeled TBI 
the ``signature injury'' of the Iraq and Afghanistan conflicts. It is 
estimated that as many as 10 percent of those serving or who have 
served in Iraq and Afghanistan have brain injuries. That would mean 
about 150,000 of the 1.5 million soldiers and marines who have served 
in Operation Enduring Freedom or Operation Iraqi Freedom have suffered 
a brain injury. In many cases, these injuries are not diagnosed because 
there is not an external wound. Depending on the severity of these 
injuries, returning soldiers can require immediate treatment or not 
have symptoms show up until several years later. This legislation calls 
for every returning soldier to be screened for TBI. While the VA has 
announced plans to do this, it needs to happen in active-duty military 
medical facilities too. In addition, the legislation calls for a study 
on the advisability of treating TBI as a presumptive condition in every 
service's disability evaluation system, as well as the VA disability 
evaluation system.
  We often hear about the 25,000 soldiers and marines who have been 
wounded in these wars--but that figure grossly underestimates the 
demand that the VA health care system faces. Since our country was 
attacked on September 11, 2001, more than 1.5 million soldiers have 
been deployed to Afghanistan, Iraq, and other locations. Of these, 
630,000 are now veterans and, according to the Department of Defense, 
more than 205,000 have already received medical treatment through the 
Department of Veterans Affairs. A recent Harvard study on the long-term 
costs of treating these new veterans estimates that by 2012 more than 
643,000 veterans from Iraq and Afghanistan will be using the VA system, 
an almost three-fold increase of what the system faces now. With a 
significant backlog of claims currently existing, the system is in 
desperate need of an upgrade. To address this concern, my legislation 
directs the Secretary of Veterans Affairs to submit to Congress a plan 
for the long-term care needs for veterans for the next 50 years.
  It is our highest obligation to heal the hundreds of thousands of 
brave men and women who will bear the physical and emotional scars of 
these wars for the rest of their lives. Those of us who have the 
privilege of serving in Congress must act now to improve the medical 
care we provide to our Armed Forces and veterans.
  I ask unanimous consent that the text of the 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. 1044

       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 ``Effective Care for the Armed 
     Forces and Veterans Act of 2007''.

     SEC. 2. PROHIBITION ON COMPETITIVE SOURCING OF CERTAIN 
                   ACTIVITIES AT MEDICAL FACILITIES OF THE 
                   DEPARTMENT OF DEFENSE.

       (a) Findings.--Congress finds the following:
       (1) The health and recovery of wounded members of the Armed 
     Forces may be risked by competitive sourcing of services at 
     military medical facilities.
       (2) The provision of medical services to members and former 
     members of the Armed Forces who were injured while serving in 
     Operation Iraqi Freedom or Operation Enduring Freedom is a 
     basic service that is the responsibility of the Government 
     and any disruption is unacceptable when it risks the health 
     of veterans and members of the Armed Forces.
       (3) The Department of Defense has attempted to implement 
     competitive sourcing of services at military medical 
     facilities despite the fact that doing so provides no 
     improvement in the efficiency or effectiveness of such 
     services.
       (b) Prohibition on Initiation of Competitive Sourcing 
     Activities at Medical Facilities of Department of Defense 
     During Period of Major Military Conflict.--
       (1) In general.--Except as provided in paragraph (2), 
     during a period in which the Armed Forces are involved in a 
     major military conflict, the Secretary of Defense shall not 
     take any action under the Office of Management and Budget 
     Circular A-76 or any other similar administrative regulation, 
     directive, or policy--
       (A) to subject work performed by an employee of a medical 
     facility of the Department of Defense or employee of a 
     private contractor of such a medical facility to public-
     private competition; or
       (B) to convert such employee or the work performed by such 
     employee to private contractor performance.
       (2) Exception to prevent negative impact on provision of 
     services.--Paragraph (1) shall not apply to any action at a 
     medical facility of the Department of Defense if the 
     Secretary of Defense certifies to Congress that not 
     initiating such action during such period would have a 
     negative impact on the provision of services at such military 
     medical facility.
       (c) Study on Competitive Sourcing Activities at Medical 
     Facilities of Department of Defense.--The Comptroller General 
     of the United States shall assess the efficiency and 
     advisability of subjecting work performed by an employee of a 
     medical facility of the Department of Defense or a private 
     contractor of such a medical facility to public-private 
     competition, or converting such employee or the work 
     performed by such employee to private contractor performance, 
     under the Office of Management and Budget Circular A-76 or 
     any other similar administrative regulation, directive, or 
     policy.

     SEC. 3. MINIMUM BUDGET FOR MEDICAL SERVICES OF THE ARMED 
                   FORCES DURING PERIOD OF MAJOR MILITARY 
                   CONFLICT.

       (a) Findings.--Congress finds the following:
       (1) Pressure to reduce the budget for the medical services 
     of the Department of Defense has contributed to many of the 
     current

[[Page 8355]]

     problems at Walter Reed Army Medical Center.
       (2) It is inappropriate to reduce the budget for medical 
     services of the Department of Defense or the Department of 
     Veterans Affairs while such services are needed to treat 
     members of the Armed Forces or veterans who were wounded in 
     Iraq and Afghanistan.
       (b) Minimum Budget for Medical Services.--
       (1) In general.--Except as provided in paragraph (2), if 
     the Armed Forces are involved in a major military conflict at 
     the time the President submits the budget for a fiscal year 
     to Congress, the President shall not include in that budget a 
     total aggregate amount allocated for medical services for the 
     Department of Defense and the Department of Veterans Affairs 
     that is less than the total aggregate amount allocated for 
     such purposes in the budget submitted by the President to 
     Congress for the previous fiscal year.
       (2) Exception.--Paragraph (1) shall not apply if the 
     President--
       (A) certifies to Congress that submitting a total aggregate 
     amount allocated for medical services for the Department of 
     Defense and the Department of Veterans Affairs that is less 
     than that required under paragraph (1) is in the national 
     interest; and
       (B) submits to Congress a report on the reasons for the 
     reduction described by subparagraph (A).

     SEC. 4. LIMITATION ON IMPLEMENTATION OF RECOMMENDATION TO 
                   CLOSE WALTER REED ARMY MEDICAL CENTER.

       (a) Findings.--Congress finds the following:
       (1) The final recommendations of the Defense Base Closure 
     and Realignment Commission under the 2005 round of defense 
     base closure and realignment include recommendations to close 
     Walter Reed Army Medical Center and to build new, modern 
     facilities at the National Naval Medical Center at Bethesda 
     and at Fort Belvoir to improve the overall quality of and 
     access to health care for members of the Armed Forces.
       (2) These recommendations include the transfer of medical 
     services from the Walter Reed Army Medical Center to the 
     National Naval Medical Center at Bethesda and at Fort 
     Belvoir, but they do not adequately provide for housing for 
     the families of wounded members of the Armed Forces who will 
     receive treatment at such new facilities.
       (3) The recommended closure of the Walter Reed Army Medical 
     Center has impaired the ability of the Secretary of Defense 
     to attract the personnel required to provide proper medical 
     services at such medical center.
       (b) Limitation on Implementation of Recommendations.--The 
     Secretary of Defense shall not take any action to implement 
     the recommendations of the Defense Base Closure and 
     Realignment Commission under the 2005 round of defense base 
     closure and realignment relating to the transfer of medical 
     services from Walter Reed Army Medical Center to the National 
     Naval Medical Center at Bethesda and at Fort Belvoir during 
     the period beginning on the date of the enactment of this Act 
     and ending on the date that is 60 days after the date on 
     which Congress receives the plan required under subsection 
     (c).
       (c) Plan Required.--Not later than one year after the date 
     of the enactment of this Act, the Secretary of Defense shall 
     submit to Congress a plan that includes an assessment of the 
     following:
       (1) The feasibility and advisability of providing current 
     or prospective employees at Walter Reed Army Medical Center a 
     guarantee that their employment will continue in the 
     Washington, DC, metropolitan area for more than two years 
     after the date on which Walter Reed Army Medical Center is 
     closed.
       (2) Detailed construction plans for new medical facilities 
     and family housing at the National Naval Medical Center at 
     Bethesda and at Fort Belvoir to accommodate the transfer of 
     medical services from Walter Reed Army Medical Center to the 
     National Naval Medical Center at Bethesda and at Fort 
     Belvoir.
       (3) The costs, feasibility, and advisability of completing 
     all of the construction planned for the transfer of medical 
     services from Walter Reed Army Medical Center to the National 
     Naval Medical Center at Bethesda and at Fort Belvoir before 
     any patients are transferred to such new facilities from 
     Walter Reed Army Medical Center as a result of the 
     recommendations of the Defense Base Closure and Realignment 
     Commission under the 2005 round of defense base closure and 
     realignment.

     SEC. 5. IMPROVING CASE MANAGEMENT SERVICES FOR MEMBERS OF THE 
                   ARMED FORCES.

       (a) Findings.--Congress makes the following findings:
       (1) Case managers are important for scheduling appointments 
     and making sure recovering servicemembers get the care they 
     need.
       (2) Many case managers are overwhelmed by the large number 
     of wounded members of the Armed Forces returning from 
     deployment in Iraq and Afghanistan.
       (3) Regular contact between health care providers and 
     members of the Armed Forces returning from deployment is 
     important for the diagnosis of post traumatic stress disorder 
     in such members.
       (4) It is inappropriate to require a wounded member of the 
     Armed Forces or a family member of such member to provide a 
     photo or a medal from deployment in Iraq or Afghanistan to 
     prove that such member served in and was injured from such 
     deployment.
       (5) Case managers are well qualified to assist recovering 
     servicemembers and their families with the disability 
     evaluation system and discharge procedures of the Department 
     of Defense.
       (b) Case Managers.--
       (1) In general.--The Secretary of Defense shall assign at 
     least one case manager for every 20 recovering servicemembers 
     to assist in the recovery of such recovering servicemember.
       (2) Minimum contact.--The Secretary of Defense shall ensure 
     that case managers contact each of their assigned recovering 
     servicemembers not less than once per week.
       (3) Training.--The Secretary of Defense shall ensure that 
     case managers of the Department of Defense are familiar with 
     the disability and discharge system of the Department of 
     Defense and that such case managers are able to assist 
     recovering servicemembers complete necessary and related 
     forms.
       (c) Recovering Servicemember.--In this section, the term 
     ``recovering servicemember'' means a member of the Armed 
     Forces, including a member of the National Guard or a 
     Reserve, who is undergoing medical treatment, recuperation, 
     or therapy, or is otherwise in medical hold or holdover 
     status, for an injury, illness, or disease incurred or 
     aggravated while on active duty in the Armed Forces.

     SEC. 6. SCREENING FOR TRAUMATIC BRAIN INJURY.

       (a) Findings.--Congress finds the following:
       (1) Many of the members of the Armed Forces deployed in 
     Iraq and Afghanistan have brain injuries.
       (2) In many cases, such injuries are not diagnosed because 
     there is no external indication of such injury.
       (3) The Secretary of Veterans Affairs carries out programs 
     to screen all recent combat veterans for traumatic brain 
     injury; the Secretary of Defense does not do so.
       (b) Screening Required.--The Secretary of Defense shall 
     screen every member of the Armed Forces returning from 
     deployment in Operation Iraqi Freedom or Operation Enduring 
     Freedom for traumatic brain injury upon the return of each 
     such member.
       (c) Studies on Treating Traumatic Brain Injury as 
     Presumptive Condition for Disability Compensation.--
       (1) Study by secretary of defense.--
       (A) In general.--The Secretary of Defense shall conduct a 
     study on the feasability and advisability of treating 
     traumatic brain injury as a presumptive condition for members 
     of the Armed Forces who served in Operation Iraqi Freedom or 
     Operation Enduring Freedom for the qualification for 
     disability compensation under laws administered by the 
     Secretary of Defense.
       (B) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to Congress a report on the results of the study required by 
     subparagraph (A).
       (2) Study by secretary of veterans affairs.--
       (A) In general.--The Secretary of Veterans Affairs shall 
     conduct a study on the feasability and advisability of 
     treating traumatic brain injury as a presumptive condition 
     for veterans who served as members of the Armed Forces in 
     Operation Iraqi Freedom or Operation Enduring Freedom for the 
     qualification for disability compensation under laws 
     administered by the Secretary of Veterans Affairs.
       (B) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Veterans Affairs 
     shall submit to Congress a report on the results of the study 
     required by subparagraph (A).
       (3) Study by director of national institutes of health.--
       (A) In general.--The Director of the National Institutes of 
     Health shall conduct a study on traumatic brain injury, 
     including the detection of traumatic brain injury and the 
     measurement and classification of the severity of traumatic 
     brain injury.
       (B) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Director of the National 
     Institutes of Health shall submit to Congress a report on the 
     results of the study required by subparagraph (A).

     SEC. 7. REQUIRING MEDICAL RECORDS MANAGEMENT SYSTEMS OF 
                   DEPARTMENT OF DEFENSE TO COMMUNICATE WITH 
                   MEDICAL RECORDS MANAGEMENT SYSTEMS OF 
                   DEPARTMENT OF VETERANS AFFAIRS.

       (a) Findings.--Congress makes the following findings:
       (1) The electronic transfer of medical records of members 
     of the Armed Forces from the medical records management 
     systems of the Department of Defense to the medical records 
     management systems of the Department of Veterans Affairs 
     would be prudent.

[[Page 8356]]

       (2) The Department of Veterans Affairs has been a leader in 
     the implementation of electronic medical records management 
     systems.
       (b) Electronic Communication Between Medical Records 
     Management Systems Required.--
       (1) In general.--Not later than two years after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     ensure that the medical records management systems of the 
     Department of Defense are capable of transmitting medical 
     records to and receiving medical records from the medical 
     records management systems of the Department of Veterans 
     Affairs electronically.
       (2) Initiation of activities.--Not later than one year 
     after the date of the enactment of this Act, the Secretary of 
     Defense shall begin any activities required to meet the 
     requirements of paragraph (1).

     SEC. 8. DEPARTMENT OF VETERANS AFFAIRS ASSESSMENT OF LONG-
                   TERM CARE NEEDS OF VETERANS.

       (a) Findings.--Congress makes the following findings:
       (1) Multiple studies show that, in the next five years, the 
     Department of Veterans Affairs will add hundreds of thousands 
     of new veterans to the medical records management systems of 
     the Department of Veterans Affairs.
       (2) During such period, many veterans will have multiple 
     medical care needs caused by complex medical conditions.
       (b) Assessment of Long-Term Care Needs.--The Secretary of 
     Veterans Affairs shall assess the current ability of the 
     Department of Veterans Affairs to meet long-term care needs 
     of veterans during the 50-year period that begins on the date 
     of the enactment of this Act.
       (c) Determination of Actions Required To Meet Long-Term 
     Care Needs.--The Secretary of Veterans Affairs shall 
     determine what actions are required to ensure that the needs 
     described in subsection (b) are satisfied.
       (d) Report Required.--Not later than one year after the 
     date of the enactment of this Act, the Secretary of Veterans 
     Affairs shall submit to Congress a report on the assessment 
     required in subsection (b) and the determination required in 
     subsection (c).
                                 ______
                                 
      By Mr. VOINOVICH:
  S. 1045. A bill to strengthen performance management in the Federal 
Government, to make the annual general pay increase for Federal 
employees contingent on performance, and for other purposes; to the 
Committee on Homeland Security and Governmental Affairs.
                                 ______
                                 
      By Mr. VOINOVICH:
  S. 1046. A bill to modify pay provisions relating to certain senior-
level positions in the Federal Government, and for other purposes; to 
the Committee on Homeland Security and Governmental Affairs.
                                 ______
                                 
      By Mr. VOINOVICH (for himself, Ms. Collins, and Mr. Akaka):
  S. 1047. A bill to amend the Internal Revenue Code of 1986 to exclude 
from gross income amounts paid on behalf of Federal employees and 
members of the Armed Forces on active duty under Federal student loan 
repayment programs; to the Committee on Finance.
  Mr. VOINOVICH. Mr. President, I rise today to introduce three 
important pieces of legislation that I believe will improve the ability 
of the Federal Government to recruit and retain a world class 
workforce: the Federal Workforce Performance Appraisal and Management 
Improvement Act, the Senior Professional Performance Act, and the 
Generating Opportunity by Forgiving Educational Debt for Service Act.
  As my colleagues know, my interest in the Federal workforce developed 
after working with the Federal Government for 18 years, for 10 years as 
mayor of Cleveland and 8 years as Governor of Ohio. Through my work on 
the Subcommittee on Oversight of Government Management, the Federal 
Workforce and the District of Columbia, I continue to observe that 
investing in personnel and workforce management, and management in 
general, struggles to be a priority in the Federal Government. My own 
experience as county auditor, county commissioner, mayor, and Governor 
has taught me that, of all the things in which government can invest, 
resources dedicated to human capital bring the greatest return.
  Effective performance management is fundamental to building a 
results-oriented culture. In fact, the Merit Systems Protection Board 
just published a report entitled, ``Accomplishing Our Mission: Results 
of the Merit Principles Survey 2005.'' In that report, the MSPB found 
that, ``Nonsupervisory employees feel uninformed about performance 
evaluation, organizational changes, and other issues at times.'' The 
Federal Workforce Performance Appraisal and Management Improvement Act 
that I am introducing today will help address that problem. By 
requiring supervisors and employees to have regular conversations about 
expectations and job performance, every employee will understand how 
their job performance is perceived by their boss and, more importantly, 
how individual work contributes to the agency's mission. In addition, 
this legislation would prohibit an employee who receives an 
unacceptable performance evaluation from receiving an annual salary 
adjustment. Mr. President, I know that Federal employees are dedicated 
and talented individuals. I know some may view this as a critique on 
the contributions of our civil servants; however, that could not be 
further from the truth. This bill recognizes their daily contributions.
  As I said last year when I first introduced this legislation, 
employees should receive annually a rigorous evaluation. Pay should be 
determined by an individual's performance. I agree with the observation 
of Comptroller General David Walker that the passage of time should not 
be the single most important factor in determining an employee's pay. 
Instead, it should be determined by the productivity, effectiveness, 
and the contributions of an employee.
  Today I also am pleased to introduce the Senior Professional 
Performance Act. In 2003, Congress enacted legislation to reform the 
pay and performance management systems for the Senior Executive 
Service. The legislation I introduce today would authorize agencies to 
develop and implement similar pay and performance management systems 
for senior level and scientific and professional personnel in order to 
keep these talented and capable employees on equal footing.
  Finally, today I am introducing Generating Opportunity by Forgiving 
Educational Debt for Service Act, or GOFEDS, a bill that will help 
Federal agencies and the Armed Forces recruit talented individuals to 
serve in all areas of the Federal Government and the military. Current 
law--authorizes Federal agencies to pay student loans up to $10,000 a 
year with a cumulative cap of $60,000, but the incentive is taxed. The 
Active-Duty Educational Loan Repayment Program allows the Services to 
repay certain federally guaranteed educational loans for enlistments in 
military specialties designated by the Service Secretary. GOFEDS would 
amend the Federal tax code to allow the Federal Government's student 
loan repayment programs to be offered on a tax-free basis. The 
potential impact of this bill far outweighs its minimal cost.
  I urge my colleagues to support this legislation.
                                 ______
                                 
      By Mr. FEINGOLD (for himself, Mr. Crapo, Mr. Martinez, Mr. Kohl, 
        Mr. Kerry, Mr. Cardin, and Mrs. Boxer):
  S. 1048. A bill to assist in the conservation of cranes by supporting 
and providing, through projects of persons and organizations with 
expertise in crane conservation, financial resouces for the 
conservation programs of countries that activities of which directly or 
indirectly affect cranes and the ecosystems of cranes; to the Committee 
on Environment and Public Works.
  Mr. FEINGOLD. Mr. President, I am introducing the Crane Conservation 
Act of 2007. I am very pleased that the Senators from Idaho, Mr. Crapo, 
Florida, Mr. Martinez, Wisconsin, Mr. Kohl, Maryland, Mr. Cardin, and 
Massachusetts, Mr. Kerry, have joined me as cosponsors of this bill. I 
propose this legislation in the hope that Congress will do its part to 
protect the existence of these birds, whose cultural significance and 
popular appeal can be seen worldwide. This legislation is particularly 
important to the people of Wisconsin, as our State provides habitat and 
refuge to several crane species. But this legislation, which authorizes 
the United States Fish and Wildlife Service to distribute funds and 
grants to crane conservation efforts both domestically and in 
developing countries, promises to have a larger environmental and

[[Page 8357]]

cultural impact that will go far beyond the boundaries of my home 
state. This bill is similar to legislation that I introduced in the 
107th, 108th, and 109th Congresses.
  In October of 1994, Congress passed and the President signed the 
Rhinoceros and Tiger Conservation Act. The passage of this act provided 
support for multinational rhino and tiger conservation through the 
creation of the Rhinoceros and Tiger Conservation Fund, or RTCF. 
Administered by the United States Fish and Wildlife Service, the RTCF 
distributes up to $10 million in grants every year to conservation 
groups to support projects in developing countries. Since its 
establishment in 1994, the RTCF has been expanded by Congress to cover 
other species, such as elephants and great apes.
  Today, with the legislation I am introducing, I am asking Congress to 
add cranes to this list. Cranes are the most endangered family of birds 
in the world, with 11 of the world's 15 species at risk of extinction. 
Specifically, this legislation would authorize up to $5 million of 
funds per year to be distributed in the form of conservation project 
grants to protect cranes and their habitat. The financial resources 
authorized by this bill can be made available to qualifying 
conservation groups operating in Asia, Africa, and North America. The 
program is authorized from Fiscal Year 2008 through Fiscal Year 2012.
  In keeping with my belief that we should balance the budget, this 
bill proposes that the $25 million in authorized spending over 5 years 
for the Crane Conservation Act established in this legislation should 
be offset through the Secretary of the Interior's administrative 
budget. The Secretary of the Interior would be required to transfer any 
funds it does not expend under the Crane Conservation Act back to the 
Treasury at the end of fiscal year 2012.
  I am offering this legislation due to the serious and significant 
decline that can be expected in crane populations worldwide without 
further conservation efforts. Those efforts have achieved some success 
in the case of the North American whooping crane, the rarest crane on 
earth. In 1941, only 21 whooping cranes existed in the entire world. 
This stands in contrast to the over 450 birds in existence today. The 
North American whooping crane's resurgence is attributed to the bird's 
tenacity for survival and to the efforts of conservationists in the 
United States and Canada. Today, the only wild flock of North American 
whooping cranes breeds in northwest Canada, and spends its winters in 
coastal Texas. A new flock of cranes is currently being reintroduced to 
the wild in an eastern flyway from Wisconsin to Florida.
  The movement of this flock of birds shows how any effort by Congress 
to regulate crane conservation needs to cross both national and 
international lines. As this flock of birds makes its journey from 
Wisconsin to Florida, the birds rely on the ecosystems of a multitude 
of states in this country. In its journey from the Necedah National 
Wildlife Refuge in Wisconsin to the Chassahowitzka National Wildlife 
Refuge in Florida in the fall and eventual return to my home State in 
the spring, this flock also faces threats from pollution of traditional 
watering grounds, collision with utility lines, human disturbance, 
disease, predation, loss of genetic diversity within the population, 
and vulnerability to catastrophes, both natural and man-made.
  The birds also rely on private landowners, the vast majority of whom 
have enthusiastically welcomed the birds to their rest on their land. 
Through its extensive outreach and education program, the Whooping 
Crane Eastern Partnership has obtained the consistent support of 
farmers and other private landowners to make this important recovery 
program a success. On every front, this partnership is unique.
  Despite the remarkable conservation efforts taken since 1941, 
however, this species is still very much in danger of extinction. While 
over the course of the last half-century, North American whooping 
cranes have begun to make a slow recovery, many species of crane in 
Africa and Asia have declined, including the sarus crane of Asia and 
the wattled crane of Africa.
  The sarus crane stands four feet tall and can be found in the 
wetlands of northern India and south Asia. These birds require large, 
open, well-watered plains or marshes to breed and survive. Due to 
agricultural expansion, industrial development, river basin 
development, pollution, warfare, and heavy use of pesticides prevalent 
in India and southeast Asia, the sarus crane population has been in 
decline. Furthermore, in many areas, a high human population 
concentration compounds these factors. On the Mekong River, which runs 
through Cambodia, Vietnam, Laos, Thailand, and China, human population 
growth and planned development projects threaten the sarus crane. 
Reports from India, Cambodia, and Thailand have also cited incidences 
of the trading of adult birds and chicks, as well as hunting and egg 
stealing in the drop in population of the sarus crane.
  Only three subspecies of the sarus crane exist today. One resides in 
northern India and Nepal, one resides in southeast Asia, and one 
resides in northern Australia. Their population is about 8,000 in the 
main Indian population, with recent numbers showing a rapid decline. In 
Southeast Asia, only 1,000 birds remain.
  The situation of the sarus crane in Asia is mirrored by the situation 
of the wattled crane in Africa. In Africa, the wattled crane is found 
in the southern and eastern regions, with an isolated population in the 
mountains of Ethiopia. Current population estimates range between 6,000 
to 8,000 and are declining rapidly, due to loss and degradation of 
wetland habitats, as well as intensified agriculture, dam construction, 
and industrialization. In other parts of the range, the creation of 
dams has changed the dynamics of the flood plains, thus further 
endangering these cranes and their habitats. Human disturbance at or 
near breeding sites also continues to be a major threat. Lack of 
oversight and education over the actions of people, industry, and 
agriculture is leading to reduced preservation for the lands on which 
cranes live, thereby threatening the ability of cranes to survive in 
these regions.
  If we do not act now, not only will cranes face extinction, but the 
ecosystems that depend on their contributions will suffer. With the 
decline of the crane population, the wetlands and marshes they inhabit 
can potentially be thrown off balance. I urge my colleagues to join me 
in supporting legislation that can provide funding to the local 
farming, education, and enforcement projects that can have the greatest 
positive effect on the preservation of both cranes and fragile 
habitats. This modest investment can secure the future of these 
exemplary birds and the beautiful areas in which they live. Therefore, 
I ask my colleagues to support the Crane Conservation Act of 2007.
  I ask unanimous consent that the text of my 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. 1048

       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 ``Crane Conservation Act of 
     2007''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) crane populations in many countries have experienced 
     serious decline in recent decades, a trend that, if continued 
     at the current rate, threatens the long-term survival of the 
     species in the wild in Africa, Asia, and Europe;
       (2) 5 species of Asian crane are listed as endangered 
     species under section 4 of the Endangered Species Act of 1973 
     (16 U.S.C. 1533) and appendix I of the Convention, which 
     species are--
       (A) the Siberian crane (Grus leucogeranus);
       (B) the red crowned crane (Grus japonensis);
       (C) the white-naped crane (Grus vipio);
       (D) the black-necked crane (Grus nigricollis); and
       (E) the hooded crane (Grus monacha);
       (3) the Crane Action Plan of the International Union for 
     the Conservation of Nature considers 4 species of cranes from 
     Africa and 1 additional species of crane from Asia to be 
     seriously threatened, which species are--

[[Page 8358]]

       (A) the wattled crane (Bugeranus carunculatus);
       (B) the blue crane (Anthropoides paradisea);
       (C) the grey crowned crane (Balearica regulorum);
       (D) the black crowned crane (Balearica pavonina); and
       (E) the sarus crane (Grus antigone);
       (4)(A) the whooping crane (Grus americana) and the 
     Mississippi sandhill crane (Grus canadensis pulla) are listed 
     as endangered species under section 4 of the Endangered 
     Species Act of 1973 (16 U.S.C. 1533); and
       (B) with approximately 225 whooping cranes in the only 
     self-sustaining flock that migrates between Canada and the 
     United States, and approximately 100 Mississippi sandhill 
     cranes in the wild, both species remain vulnerable to 
     extinction;
       (5) conservation resources have not been sufficient to cope 
     with the continued diminution of crane populations from 
     causes that include hunting and the continued loss of 
     habitat;
       (6)(A) cranes are flagship species for the conservation of 
     wetland, grassland, and agricultural landscapes that border 
     wetland and grassland; and
       (B) the establishment of crane conservation programs would 
     result in the provision of conservation benefits to numerous 
     other species of plants and animals, including many 
     endangered species;
       (7) other threats to cranes include--
       (A) the collection of eggs and juveniles;
       (B) poisoning from pesticides applied to crops;
       (C) collisions with power lines;
       (D) disturbance from warfare and human settlement; and
       (E) the trapping of live birds for sale;
       (8) to reduce, remove, and otherwise effectively address 
     those threats to cranes in the wild, the joint commitment and 
     effort of countries in Africa, Asia, and North America, other 
     countries, and the private sector, are required;
       (9) cranes are excellent ambassadors to promote goodwill 
     among countries because they are well known and migrate 
     across continents;
       (10) because the threats facing cranes and the ecosystems 
     on which cranes depend are similar on all 5 continents on 
     which cranes occur, conservation successes and methods 
     developed in 1 region have wide applicability in other 
     regions; and
       (11) conservationists in the United States have much to 
     teach and much to learn from colleagues working in other 
     countries in which, as in the United States, government and 
     private agencies cooperate to conserve threatened cranes.

     SEC. 3. PURPOSES.

       The purposes of this Act are--
       (1) to perpetuate healthy populations of cranes;
       (2) to assist in the conservation and protection of cranes 
     by supporting--
       (A) conservation programs in countries in which endangered 
     and threatened cranes occur; and
       (B) the efforts of private organizations committed to 
     helping cranes; and
       (3) to provide financial resources for those programs and 
     efforts.

     SEC. 4. DEFINITIONS.

       In this Act:
       (1) Conservation.--
       (A) In general.--The term ``conservation'' means the use of 
     any method or procedure to improve the viability of crane 
     populations and the quality of the ecosystems and habitats on 
     which the crane populations depend to help the species 
     achieve sufficient populations in the wild to ensure the 
     long-term viability of the species.
       (B) Inclusions.--The term ``conservation'' includes the 
     carrying out of any activity associated with scientific 
     resource management, such as--
       (i) protection, restoration, acquisition, and management of 
     habitat;
       (ii) research and monitoring of known populations;
       (iii) the provision of assistance in the development of 
     management plans for managed crane ranges;
       (iv) enforcement of the Convention;
       (v) law enforcement and habitat protection through 
     community participation;
       (vi) reintroduction of cranes to the wild;
       (vii) conflict resolution initiatives; and
       (viii) community outreach and education.
       (2) Convention.--The term ``Convention'' has the meaning 
     given the term in section 3 of the Endangered Species Act of 
     1973 (16 U.S.C. 1532).
       (3) Fund.--The term ``Fund'' means the Crane Conservation 
     Fund established by section 6(a).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 5. CRANE CONSERVATION ASSISTANCE.

       (a) In General.--Subject to the availability of 
     appropriations and in consultation with other appropriate 
     Federal officials, the Secretary shall use amounts in the 
     Fund to provide financial assistance for projects relating to 
     the conservation of cranes for which project proposals are 
     approved by the Secretary in accordance with this section.
       (b) Project Proposals.--
       (1) Applicants.--
       (A) In general.--An applicant described in subparagraph (B) 
     that seeks to receive assistance under this section to carry 
     out a project relating to the conservation of cranes shall 
     submit to the Secretary a project proposal that meets the 
     requirements of this section.
       (B) Eligible applicants.--An applicant described in this 
     subparagraph is--
       (i) any relevant wildlife management authority of a country 
     that--

       (I) is located within the African, Asian, European, or 
     North American range of a species of crane; and
       (II) carries out 1 or more activities that directly or 
     indirectly affect crane populations;

       (ii) the Secretariat of the Convention; and
       (iii) any person or organization with demonstrated 
     expertise in the conservation of cranes.
       (2) Required elements.--A project proposal submitted under 
     paragraph (1)(A) shall include--
       (A) a concise statement of the purpose of the project;
       (B)(i) the name of each individual responsible for 
     conducting the project; and
       (ii) a description of the qualifications of each of those 
     individuals;
       (C) a concise description of--
       (i) methods to be used to implement and assess the outcome 
     of the project;
       (ii) staff and community management for the project; and
       (iii) the logistics of the project;
       (D) an estimate of the funds and the period of time 
     required to complete the project;
       (E) evidence of support for the project by appropriate 
     government entities of countries in which the project will be 
     conducted, if the Secretary determines that such support is 
     required to ensure the success of the project;
       (F) information regarding the source and amount of matching 
     funding available for the project; and
       (G) any other information that the Secretary considers to 
     be necessary for evaluating the eligibility of the project to 
     receive assistance under this Act.
       (c) Project Review and Approval.--
       (1) In general.--The Secretary shall--
       (A) not later than 30 days after receiving a final project 
     proposal, provide a copy of the proposal to other appropriate 
     Federal officials; and
       (B) review each project proposal in a timely manner to 
     determine whether the proposal meets the criteria described 
     in subsection (d).
       (2) Consultation; approval or disapproval.--Not later than 
     180 days after receiving a project proposal, and subject to 
     the availability of appropriations, the Secretary, after 
     consulting with other appropriate Federal officials, shall--
       (A) consult on the proposal with the government of each 
     country in which the project is to be carried out;
       (B) after taking into consideration any comments resulting 
     from the consultation, approve or disapprove the proposal; 
     and
       (C) provide written notification of the approval or 
     disapproval to--
       (i) the applicant that submitted the proposal;
       (ii) other appropriate Federal officials; and
       (iii) each country described in subparagraph (A).
       (d) Criteria for Approval.--The Secretary may approve a 
     project proposal under this section if the Secretary 
     determines that the proposed project will enhance programs 
     for conservation of cranes by assisting efforts to--
       (1) implement conservation programs;
       (2) address the conflicts between humans and cranes that 
     arise from competition for the same habitat or resources;
       (3) enhance compliance with the Convention and other 
     applicable laws that--
       (A) prohibit or regulate the taking or trade of cranes; or
       (B) regulate the use and management of crane habitat;
       (4) develop sound scientific information on, or methods for 
     monitoring--
       (A) the condition of crane habitat;
       (B) crane population numbers and trends; or
       (C) the current and projected threats to crane habitat and 
     population numbers and trends;
       (5) promote cooperative projects on the issues described in 
     paragraph (4) among--
       (A) governmental entities;
       (B) affected local communities;
       (C) nongovernmental organizations; or
       (D) other persons in the private sector;
       (6) carry out necessary scientific research on cranes;
       (7) provide relevant training to, or support technical 
     exchanges involving, staff responsible for managing cranes or 
     habitats of cranes, to enhance capacity for effective 
     conservation; or
       (8) reintroduce cranes successfully back into the wild, 
     including propagation of a sufficient number of cranes 
     required for this purpose.
       (e) Project Sustainability; Matching Funds.--To the maximum 
     extent practicable, in determining whether to approve a 
     project proposal under this section, the Secretary shall give 
     preference to a proposed project--

[[Page 8359]]

       (1) that is designed to ensure effective, long-term 
     conservation of cranes and habitats of cranes; or
       (2) for which matching funds are available.
       (f) Project Reporting.--
       (1) In general.--Each person that receives assistance under 
     this section for a project shall submit to the Secretary, at 
     such periodic intervals as are determined by the Secretary, 
     reports that include all information that the Secretary, 
     after consulting with other appropriate government officials, 
     determines to be necessary to evaluate the progress and 
     success of the project for the purposes of--
       (A) ensuring positive results;
       (B) assessing problems; and
       (C) fostering improvements.
       (2) Availability to the public.--Each report submitted 
     under paragraph (1), and any other documents relating to a 
     project for which financial assistance is provided under this 
     Act, shall be made available to the public.

     SEC. 6. CRANE CONSERVATION FUND.

       (a) Establishment.--There is established in the 
     Multinational Species Conservation Fund established by the 
     matter under the heading ``MULTINATIONAL SPECIES CONSERVATION 
     FUND'' in title I of the Department of the Interior and 
     Related Agencies Appropriations Act, 1999 (112 Stat. 2681-
     237; 16 U.S.C. 4246) a separate account to be known as the 
     ``Crane Conservation Fund'', consisting of--
       (1) amounts transferred to the Secretary of the Treasury 
     for deposit into the Fund under subsection (e);
       (2) amounts appropriated to the Fund under section 8; and
       (3) any interest earned on investment of amounts in the 
     Fund under subsection (c).
       (b) Expenditures From Fund.--
       (1) In general.--Subject to paragraphs (2) and (3), upon 
     request by the Secretary, the Secretary of the Treasury shall 
     transfer from the Fund to the Secretary, without further 
     appropriation, such amounts as the Secretary determines are 
     necessary to provide assistance under section 5.
       (2) Administrative expenses.--Of the amounts in the Fund 
     available for each fiscal year, the Secretary may expend not 
     more than 3 percent, or $150,000, whichever is greater, to 
     pay the administrative expenses necessary to carry out this 
     Act.
       (3) Limitation.--Not more than 20 percent of the amounts 
     made available from the Fund for any fiscal year may be used 
     for projects relating to the conservation of North American 
     crane species.
       (c) Investments of Amounts.--
       (1) In general.--The Secretary of the Treasury shall invest 
     such portion of the Fund as is not, in the judgment of the 
     Secretary of the Treasury, required to meet current 
     withdrawals. Investments may be made only in interest-bearing 
     obligations of the United States.
       (2) Acquisition of obligations.--For the purpose of 
     investments under paragraph (1), obligations may be 
     acquired--
       (A) on original issue at the issue price; or
       (B) by purchase of outstanding obligations at the market 
     price.
       (3) Sale of obligations.--Any obligation acquired by the 
     Fund may be sold by the Secretary of the Treasury at the 
     market price.
       (4) Credits to fund.--The interest on, and the proceeds 
     from the sale or redemption of, any obligations held in the 
     Fund shall be credited to and form a part of the Fund.
       (d) Transfers of Amounts.--
       (1) In general.--The amounts required to be transferred to 
     the Fund under this section shall be transferred at least 
     monthly from the general fund of the Treasury to the Fund on 
     the basis of estimates made by the Secretary of the Treasury.
       (2) Adjustments.--Proper adjustment shall be made in 
     amounts subsequently transferred to the extent prior 
     estimates were in excess of or less than the amounts required 
     to be transferred.
       (e) Acceptance and Use of Donations.--
       (1) In general.--The Secretary may accept and use donations 
     to provide assistance under section 5.
       (2) Transfer of donations.--Amounts received by the 
     Secretary in the form of donations shall be transferred to 
     the Secretary of the Treasury for deposit in the Fund.

     SEC. 7. ADVISORY GROUP.

       (a) In General.--To assist in carrying out this Act, the 
     Secretary may convene an advisory group consisting of 
     individuals representing public and private organizations 
     actively involved in the conservation of cranes.
       (b) Public Participation.--
       (1) Meetings.--The advisory group shall--
       (A) ensure that each meeting of the advisory group is open 
     to the public; and
       (B) provide, at each meeting, an opportunity for interested 
     persons to present oral or written statements concerning 
     items on the agenda.
       (2) Notice.--The Secretary shall provide to the public 
     timely notice of each meeting of the advisory group.
       (3) Minutes.--Minutes of each meeting of the advisory group 
     shall be kept by the Secretary and shall be made available to 
     the public.

     SEC. 8. FUNDING.

       (a) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Fund $5,000,000 for each of fiscal 
     years 2008 through 2012, to remain available until expended.
       (b) Offset.--Of amounts appropriated to, and available at 
     the discretion of, the Secretary for programmatic and 
     administrative expenditures, a total of $25,000,000 shall be 
     used to establish the Fund.
                                 ______
                                 
      By Mr. HARKIN:
  S. 1050. A bill to amend the Rehabilitation Act of 1973 and the 
Public Health Service Act to set standards for medical diagnostic 
equipment and to establish a program for promoting good health, disease 
prevention, and wellness and for the prevention of secondary conditions 
for individuals with disabilities, and for other purposes; to the 
Committee on Health, Education, Labor, and Pensions.
  Mr. HARKIN. Mr. President, today I introduce the Promoting Wellness 
for Individuals with Disabilities Act. This important legislation will 
help ensure that people with disabilities have the same health and 
wellness opportunities as everyone else--through increasing access to 
accessible medical equipment, creating a health and wellness grant 
program, and improving the competency of medical professionals in 
providing care to patients with disabilities.
  The health and wellness of America's citizens has long been one of my 
top priorities. Too often, many Americans don't know about or lack 
access to health screenings and preventive services. As Ben Franklin 
said, ``An ounce of prevention is worth a pound of cure.''
  However, it is often difficult for many people with disabilities to 
access this ounce of prevention. Visits to physicians' offices often do 
not include accessible examination and diagnostic equipment, such as 
accessible examination tables, weight scales, and mammography machines 
for people with mobility or balance issues. The presence of these 
physical barriers can reduce the likelihood that persons with 
disabilities will receive timely and appropriate medical services.
  For example, one woman--a physician herself--told me that she has not 
had a complete physical examination since her spinal cord injury more 
than a decade ago because the tables are too high for her to get onto. 
She has not had a mammogram or colonoscopy because, as she puts it, it 
seems like such an effort to have to explain to the technicians her 
needs, to get them to lift her, and so on. These issues, which many of 
us take for granted, represent significant barriers to people with 
disabilities.
  Further, health and wellness programs on topics such as smoking 
cessation, weight control, nutrition, or fitness may not focus on the 
unique challenges faced by individuals with disabilities. And it may be 
difficult for persons with particular disabilities, such as those with 
intellectual disabilities, to find physicians or dentists who are 
willing to take them on as patients. All of these factors can also 
increase the incidence of secondary conditions for people with 
disabilities.
  I believe that the ``Promoting Wellness for Individuals with 
Disabilities Act'' is a good first step toward addressing these 
problems. The bill would: authorize the U.S. Access Board to establish 
accessibility standards for medical diagnostic equipment--including 
examination tables, examination chairs, weight scales, and mammography 
equipment, x-ray machines, and other radiological equipment commonly 
used for diagnostic purposes by medical professionals; establish a 
national wellness grant program that will help fund programs or 
activities for smoking cessation, weight control, nutrition or fitness 
that focus on the unique challenges faced by individuals with 
disabilities; preventive health screening programs for individuals with 
disabilities to reduce the incidence of secondary conditions; and 
athletic, exercise, or sports programs that provide individuals with 
disabilities an opportunity to increase their physical activity; and 
improve education and training of physicians and dentists by requiring 
that medical schools, dental schools, and their residency programs 
provide training to improve competency and clinical skills in providing

[[Page 8360]]

care to patients with disabilities, including those with intellectual 
disabilities.
  I invite my fellow Members to join me in support of this legislation. 
Together, we can make certain that people with disabilities are not 
limited in their access to quality medical care, or in their 
opportunities for health and wellness.
  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. 1050

       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 ``Promoting Wellness for 
     Individuals with Disabilities Act of 2007''.

     SEC. 2. ESTABLISHMENT OF STANDARDS FOR ACCESSIBLE MEDICAL 
                   DIAGNOSTIC EQUIPMENT.

       Title V of the Rehabilitation Act of 1973 (29 U.S.C. 791 et 
     seq.) is amended by adding at the end of the following:

     ``SEC. 510. ESTABLISHMENT OF STANDARDS FOR ACCESSIBLE MEDICAL 
                   DIAGNOSTIC EQUIPMENT.

       ``(a) Standards.--Not later than 9 months after the date of 
     enactment of the Promoting Wellness for Individuals with 
     Disabilities Act of 2007, the Architectural and 
     Transportation Barriers Compliance Board shall issue 
     (including publishing) standards setting forth the minimum 
     technical criteria for medical diagnostic equipment used in 
     (or in conjunction with) physician's offices, clinics, 
     emergency rooms, hospitals, and other medical settings. The 
     standards shall ensure that such equipment is accessible to, 
     and usable by, individuals with disabilities, and shall allow 
     independent entry to, use of, and exit from the equipment by 
     such individuals to the maximum extent possible.
       ``(b) Medical Diagnostic Equipment Covered.--The standards 
     issued under subsection (a) for medical diagnostic equipment 
     shall apply to equipment that includes examination tables, 
     examination chairs (including chairs used for eye 
     examinations or procedures, and dental examinations or 
     procedures), weight scales, mammography equipment, x-ray 
     machines, and other radiological equipment commonly used for 
     diagnostic purposes by health professionals.
       ``(c) Interim Standards.--Until the date that the standards 
     described under subsection (a) are in effect, purchases of 
     examination tables, weight scales, and mammography equipment 
     made after January 1, 2008, and used in (or in conjunction 
     with) medical settings as described in subsection (a), shall 
     meet the following interim accessibility requirements:
       ``(1) Examination tables shall be height-adjustable between 
     a range of at least 18 inches to 37 inches.
       ``(2) Weight scales shall be capable of weighing 
     individuals who remain seated in a wheelchair or other 
     personal mobility aid.
       ``(3) Mammography machines and equipment shall be capable 
     of being used by individuals in a standing, seated, or 
     recumbent position, including individuals who remain seated 
     in a wheelchair or other personal mobility aid.
       ``(d) Review and Amendment.--The Architectural and 
     Transportation Barriers Compliance Board shall periodically 
     review and, as appropriate, amend the standards.''.

     SEC. 3. WELLNESS GRANT PROGRAM FOR INDIVIDUALS WITH 
                   DISABILITIES.

       Part P of title III of the Public Health Service Act (42 
     U.S.C. 280g et seq.) is amended by adding at the end the 
     following new section:

     ``SEC. 399R. ESTABLISHMENT OF WELLNESS GRANT PROGRAM FOR 
                   INDIVIDUALS WITH DISABILITIES.

       ``(a) In General.--
       ``(1) Individual with a disability defined.--For purposes 
     of this section, the term `individual with a disability' has 
     the meaning given the term in section 7(20) of the 
     Rehabilitation Act of 1973 (29 U.S.C. 705(20)), for purposes 
     of title V of such Act (29 U.S.C. 791 et seq.).
       ``(2) Wellness grant program for individuals with 
     disabilities.--The Secretary, in collaboration with the 
     National Advisory Committee on Wellness for Individuals With 
     Disabilities, may make grants on a competitive basis to 
     public and nonprofit private entities for the purpose of 
     carrying out programs for promoting good health, disease 
     prevention, and wellness for individuals with disabilities, 
     and preventing secondary conditions in such individuals.
       ``(b) Requirement of Application.--To be eligible to 
     receive a grant under subsection (a), a public or nonprofit 
     private entity shall submit to the Secretary an application 
     at such time, in such manner, and containing such agreements, 
     assurances, and information as the Secretary determines to be 
     necessary to carry out this section.
       ``(c) Authorized Activities.--With respect to promoting 
     good health and wellness for individuals with disabilities 
     described in subsection (a), activities for which the 
     Secretary may make a grant under such subsection include--
       ``(1) programs or activities for smoking cessation, weight 
     control, nutrition, or fitness that focus on the unique 
     challenges faced by individuals with disabilities regarding 
     these issues;
       ``(2) preventive health screening programs for individuals 
     with disabilities to reduce the incidence of secondary 
     conditions; and
       ``(3) athletic, exercise, or sports programs that provide 
     individuals with disabilities (including children with 
     disabilities) an opportunity to increase their physical 
     activity in a dedicated or adaptive recreational environment.
       ``(d) Priorities.--
       ``(1) Advisory committee.--The Secretary shall establish a 
     National Advisory Committee on Wellness for Individuals With 
     Disabilities that shall set priorities to carry out this 
     section, review grant proposals, and make recommendations for 
     funding, and annually evaluate the progress of the program 
     under this section in implementing the priorities.
       ``(2) Representation.--The Advisory Committee established 
     under paragraph (1) shall include representation by the 
     Department of Health and Human Services Office on Disability, 
     the United States Surgeon General or his designee, the 
     Centers for Disease Control and Prevention, private nonprofit 
     organizations that represent the civil rights and interests 
     of individuals with disabilities, and individuals with 
     disabilities or their family members.
       ``(e) Dissemination of Information.--The Secretary shall, 
     in addition to the usual methods of the Secretary, 
     disseminate information about the availability of grants 
     under the Wellness Grant Program for Individuals with 
     Disabilities in a manner designed to reach public entities 
     and nonprofit private organizations that are dedicated to 
     providing outreach, advocacy, or independent living services 
     to individuals with disabilities.
       ``(f) Reports to Congress.--The Secretary shall, not later 
     than 180 days after the date of the enactment of the 
     Promoting Wellness for Individuals with Disabilities Act of 
     2007, and annually thereafter, submit to Congress a report 
     summarizing activities, findings, outcomes, and 
     recommendations resulting from the grant projects funded 
     under this section during the preceding fiscal year.
       ``(g) Authorization of Appropriations.--For the purpose of 
     making grants under this section, there are authorized to be 
     appropriated such sums as may be necessary.''.

     SEC. 4. IMPROVING EDUCATION AND TRAINING TO PROVIDE MEDICAL 
                   SERVICES TO INDIVIDUALS WITH DISABILITIES.

       (a) Coordinated Program To Improve Pediatric Oral Health.--
     Section 320A(b) of the Public Health Service Act (42 U.S.C. 
     247d-8(b)) is amended by--
       (1) striking ``, or to increase'' and inserting ``, to 
     increase''; and
       (2) striking the period and inserting the following ``, or 
     to provide training to improve competency and clinical skills 
     in providing oral health services to, and communicating with, 
     patients with disabilities (including those with intellectual 
     disabilities) through training integrated into the core 
     curriculum and patient interaction in community-based 
     settings.''.
       (b) Children's Hospitals That Operate Graduate Medical 
     Education Programs.--Section 340E of the Public Health 
     Service Act (42 U.S.C. 256e) is amended by adding at the end 
     the following:
       ``(h) Requirement To Provide Training.--To be eligible to 
     receive a payment under this section, a children's hospital 
     shall provide training to improve competency and clinical 
     skills in providing health care to, and communicating with, 
     patients with disabilities, including those with intellectual 
     disabilities, as part of any approved graduate medical 
     residency training program provided by the hospital. Such 
     training shall include treating patients with disabilities in 
     community-based settings, as part of the usual training or 
     residency placement.''.
       (c) Centers of Excellence.--Section 736(b) of the Public 
     Health Service Act (42 U.S.C. 293(b)) is amended--
       (1) in paragraph (6)(B), by striking ``; and'' and 
     inserting a semicolon;
       (2) by redesignating paragraph (7) as paragraph (8); and
       (3) by inserting after paragraph (6) the following:
       ``(7) to carry out a program to improve competency and 
     clinical skills of students in providing health services to, 
     and communicating with, patients with disabilities, including 
     those with intellectual disabilities; and''.
       (d) Family Medicine, General Internal Medicine, General 
     Pediatrics, General Dentistry, Pediatric Dentistry, and 
     Physician Assistants.--Section 747(a) of the Public Health 
     Service Act (42 U.S.C. 293k(a)) is amended--
       (1) in paragraph (5), by striking ``; and'' and inserting a 
     semicolon;
       (2) in paragraph (6), by striking ``pediatric dentistry.'' 
     and inserting the following: ``pediatric dentistry; and
       ``(7) to plan, develop, and operate a program for the 
     training of physicians or dentists, or medical or dental 
     residents, to improve competency and clinical skills of 
     physicians and dentists in providing services to,

[[Page 8361]]

     and communicating with, patients with disabilities, including 
     those with intellectual disabilities.''; and
       (3) by inserting at the end the following: ``The training 
     described in paragraph (7) shall include training integrated 
     into the core curriculum, as well as patient interaction with 
     individuals with disabilities in community-based settings, as 
     part of the usual training or residency placement.''.
       (e) Advisory Council on Graduate Medical Education.--
     Section 762(a)(1) of the Public Health Service Act (42 U.S.C. 
     294o(a)(1)) is amended--
       (1) in subparagraph (E), by striking ``; and'' and 
     inserting a semicolon;
       (2) by adding at the end the following:
       ``(G) appropriate efforts to be carried out by hospitals, 
     schools of medicine, schools of osteopathic medicine, schools 
     of dentistry, and accrediting bodies with respect to changes 
     in undergraduate and graduate medical training to improve 
     competency and clinical skills of physicians in providing 
     health care services to, and communicating with, patients 
     with disabilities, including those with intellectual 
     disabilities; and''.
       (f) Medicare Graduate Medical Education Programs.--Section 
     1886(h) of the Social Security Act (42 U.S.C. 1395ww(h)) is 
     amended by adding at the end the following:
       ``(8) Requirement to provide training.--To be eligible to 
     receive a payment under this subsection, a hospital shall 
     provide training to improve competency and clinical skills in 
     providing health care to, and communicating with, patients 
     with disabilities, including those with intellectual 
     disabilities, as part of any approved medical residency 
     training program provided by the hospital. Such training 
     shall include treating patients with disabilities in 
     community-based settings, as part of the usual training or 
     residency placement.''.
       (g) Effective Date.--The amendments made by subsections 
     (b), (c), and (f) shall take effect 180 days after the date 
     of enactment of this Act.
                                 ______
                                 
      By Mr. DODD (for himself, Mr. Grassley, Mr. Obama, and Mrs. 
        Dole):
  S. 1051. A bill to authorize National Mall Liberty Fund D.C. to 
establish a memorial on Federal land in the District of Columbia at 
Constitution Gardens previously approved to honor free persons and 
slaves who fought for independence, liberty, and justice for all during 
the American Revolution; to the Committee on Energy and Natural 
Resources.
  Mr. DODD. Mr. President, I rise today to introduce the National 
Liberty Memorial Act along with my colleagues, Senators Charles E. 
Grassley and Barack Obama. Representatives Donald M. Payne, William 
Lacy Clay, Steve Cohen, Sheila Jackson-Lee, Henry C. ``Hank'' Johnson, 
Jr., Nita M. Lowey, Albio Sires, and Betty Sutton have introduced 
companion language in the House.
  The depth and breadth of patriotic contributions by African Americans 
in the Revolutionary War have gone practically unacknowledged. 
Historians are now beginning to uncover their forgotten heroism, and 
estimate that 5,000 slaves and free blacks fought in the army, navy, 
and militia during that harrowing time. They served and struggled in 
major battles from Lexington and Concord to Yorktown and made 
significant contributions to the revolutionary effort. More than 400 
hailed from my State of Connecticut.
  More than twenty years ago, Congress authorized a memorial to black 
Revolutionary War soldiers and sailors, those who provided civilian 
assistance, and the many slaves who fled slavery or filed petitions to 
courts or legislatures for their freedom. A site was selected in 
Constitution Gardens, fittingly near the 56 Signers of the Declaration 
of Independence Memorial and the great war memorials. Unfortunately, 
the group originally authorized to raise funds for and build the 
memorial was unable to conclude its task, and the site sits empty 
today.
  A group of committed citizens has formed the National Mall Liberty 
Fund DC, ``Liberty Fund D.C.'', to carry out the vision of Congress. 
Last year, the National Capital Memorial Advisory Commission concluded 
that there are no legal impediments that would preclude the Liberty 
Fund DC from assuming the prior group's site approvals on the Mall. The 
legislation that we offer today would amend the 1986 enactment to 
authorize the Liberty Fund to raise money for and build this valuable 
memorial.
  The time has come to recognize the sacrifice and the impact of the 
African Americans who fought for the birth of our country. I urge my 
colleagues to support the National Liberty Memorial Act.
                                 ______
                                 
      By Mr. SALAZAR (for himself and Mr. Specter):
  S. 1052. A bill to amend title XIX and XXI of the Social Security Act 
to provide States with the option to provide nurse home visitation 
services under Medicaid and the State Children's Health Insurance 
Program; to the Committee on Finance.
  Mr. SALAZAR. Mr. President, I rise today to make the health of 
American children and families a top priority with the Healthy Children 
and Families Act of 2007, which I introduced earlier today with Senator 
Specter. I am honored that Senator Specter has co-sponsored this 
important legislation, and I thank Senator Specter for his leadership 
and commitment to children's health and to empowering families to lead 
healthy lives.
  The Children's Health Insurance Program has successfully improved the 
health of over six million low-income children, allowing them to grow, 
learn and reach their fullest potential. In the coming months, I look 
forward to working with my colleagues on the Finance Committee to 
reauthorize the Children's Health Insurance Program so that it 
continues to fulfill its promise to provide quality health care to all 
low-income children.
  The reauthorization of the Children's Health Insurance Program 
provides us with an opportunity to strengthen and improve it. The 
Healthy Children and Families Act does just that by allowing states to 
offer nurse home visitation services in their Medicaid and State 
Children's Health Insurance programs. The Healthy Children and Families 
Act models nurse home visitation services after the Nurse Family 
Partnership program.
  The Nurse Family Partnership program provides low-income pregnant 
women with trained, registered nurses who counsel their clients in 
their homes on prenatal care, child health and development, proper 
nutrition, life-coping strategies and skills, healthy family 
relationships, educational development and opportunities, employment 
training, family planning information, family support mechanisms and a 
variety of other services that children and families need to maintain 
healthy, economically stable lives.
  Nurse home visitation programs empower women and children to 
transform their lives, families and communities. The nurses provide the 
education and tools for pregnant women and their families to improve 
their health by getting early prenatal care, preventative healthcare 
and proper nutrition. In addition, the nurses provide help for pregnant 
women and families to change risky behaviors such as substance abuse, 
and also teach pregnant women parenting skills so that they can welcome 
their babies into households that are prepared to raise physically and 
mentally healthy children. Nurses in the program also help mothers 
continue their own education and obtain employment so that the family 
is able to be economically stable.
  We all recognize that the most critical time for childhood 
development begins in infancy. Nurse home visitation programs nurture 
the cognitive development of children during those critical early years 
so that children are equipped to learn.
  The success of nurse home visitation services is nothing short of 
inspiring. Statistics from multiple, controlled studies prove that 
mothers and children served by nurse visitation services have a: 79 
percent reduction in preterm delivery; 48 percent reduction in child 
abuse and neglect; 59 percent reduction in child arrests; 61 percent 
fewer arrests of the mother; 72 percent fewer conviction for the 
mother; 46 percent increase in father presence in household; 32 percent 
fewer subsequent pregnancies; 50 percent reduction in language delays 
of child age 21 months; 67 percent reduction in childhood behavioral 
problems at age 6.
  With these amazing, life-altering results, it is no surprise that 
nurse visitation programs have been found to

[[Page 8362]]

save taxpayer dollars. The Rand Corporation conducted a cost-benefit 
analysis and found that for every dollar spent on Nurse Family 
Partnership services, a savings of $5.70 is yielded in diminished 
health care costs and governmental and social costs associated with 
child abuse and neglect, unwanted pregnancy, childhood developmental 
delays, and criminal justice costs.
  The life transforming impact of nurse home visitation programs led 
the Brookings Institute to recently publish a report in which it 
identified nurse home visitation services as one of the most cost-
effective returns on investment for children. The Center for the Study 
and Prevention of Violence has identified nurse home visitation 
services such as Nurse Family Partnership as a ``blueprint'' for 
violence prevention. At a time when youth violence is on the rise, 
these programs hold the key to reducing violent conduct.
  The Healthy Children and Families Act will allow states to offer 
nurse home visitation services to over half a million pregnant women 
annually. The Act will empower mothers and children to live healthy and 
economically stable lives that enrich their communities. Moreover, the 
Act will save scarce resources by improving prenatal health, birth 
outcomes, increasing intervals between first and subsequent births, 
reducing early childhood injuries and hospitalizations, reducing child 
abuse and neglect, reducing involvement in the criminal justice system, 
and improving maternal employment and economic self-sufficiency of 
families.
  I encourage my colleagues to support the Healthy Children and 
Families Act as cost effective, smart legislation that will transform 
the health and lives of children and families.
                                 ______
                                 
      By Mrs. FEINSTEIN (for herself and Mrs. Boxer):
  S. 1053. A bill to provide for a resource study of the area known as 
the Rim of the Valley Corridor in the State of California to evaluate 
alternatives for protecting resources of the corridor, and for other 
purposes; to the Committee on Energy and Natural Resources.
  Mrs. FEINSTEIN. Mr. President, I am pleased to introduce this bill 
today along with Senator Boxer as cosponsor to direct the Secretary of 
the Interior to study the suitability and feasibility of expanding the 
Santa Monica National Recreation Area to include the Rim of the Valley 
Corridor.
  The Rim of the Valley Corridor is an example of a highly threatened 
habitat area, the Mediterranean chaparral ecosystem. Connecting to the 
adjacent Los Padres and San Bernardino National Forests, the Corridor 
encircles the San Fernando Valley, La Crescenta, Simi, Conejo, and 
Santa Clarita Valleys, consisting of parts of the Santa Monica 
Mountains, Santa Susanna Mountains, San Gabriel Mountains, Verdugo 
Mountains, and San Rafael Hills.
  There is a great need for expanded parkland in southern California. 
While the Los Angeles metropolitan region has the second-largest urban 
concentration in the United States, the area has one of the lowest 
ratios of park-and-recreation-lands per thousand-population of any 
urban area in the country.
  Since the creation of the Santa Monica Recreation Area in 1978, 
Federal, State, and local authorities have worked successfully together 
to create and maintain the highly successful Santa Monica Mountains 
National Recreation Area, hemmed in on all sides by development.
  With the passage of this legislation, Congress will hold true to its 
original commitment to preserve the scenic, natural, and historic 
setting of the Santa Monica Mountains Recreation Area.
  With the inclusion of the Rim of the Valley Corridor in the Santa 
Monica Mountains Recreation Area, greater ecological health and 
diversity will be promoted, particularly for larger animals like 
mountain lions, bobcats, and the golden eagle. By creating a single 
contiguous Rim of the Valley Trail, people will enjoy greater access to 
existing trails in the Recreational Area.
  Within a National Recreation Area, the National Park Service is 
prohibited from exercising the powers of eminent domain, and private 
property may be purchased from voluntary sellers only.
  The bill includes a provision directing the Department of the 
Interior to analyze any effects that a proposed expansion of the Santa 
Monica Mountains National Recreation Area will have on private land 
within or bordering the area. Any such effects will be thoroughly 
considered as the study moves forward.
  After the study called for in this bill is complete, the Secretary of 
the Interior and Congress will be in a key position to determine 
whether all or portions of the Rim of the Valley Corridor warrant 
inclusion in the Santa Monica Mountains National Recreation Area.
  This bill enjoys strong support from local and State officials and I 
hope that it will have as much strong bipartisan support this Congress, 
as it did last Congress. Congressman Adam Schiff plans to introduce 
companion legislation for this bill in the House and I applaud his 
commitment to this issue.
  I urge my colleagues to support this legislation and I ask unanimous 
consent that the text of this proposed 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. 1053

       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 ``Rim of the Valley Corridor 
     Study Act''.

     SEC. 2. RESOURCE STUDY OF RIM OF THE VALLEY CORRIDOR, 
                   CALIFORNIA.

       (a) Study Required.--The Secretary of the Interior shall 
     conduct a resource study of the lands, waters, and interests 
     of the area known as the Rim of the Valley Corridor in the 
     State of California to evaluate a range of alternatives for 
     protecting resources of the corridor, including the 
     alternative of establishing all or a portion of the corridor 
     as a unit of the Santa Monica Mountains National Recreation 
     Area. The Rim of the Valley Corridor generally includes the 
     mountains encircling the San Fernando, La Crescenta, Santa 
     Clarita, Simi, and Conejo Valleys in California.
       (b) Study Topics.--In conducting the study, the Secretary 
     shall seek to achieve the following objectives:
       (1) Protecting wildlife populations in the Santa Monica 
     Mountains National Recreation Area by preserving habitat 
     linkages and wildlife movement corridors between large blocks 
     of habitat in adjoining regional open space.
       (2) Establishing connections along the State-designated Rim 
     of the Valley Trail System, with the aim of creating a single 
     contiguous Rim of the Valley Trail and encompassing major 
     feeder trails connecting adjoining communities and regional 
     transit to the trail system.
       (3) Preserving recreational opportunities and facilitating 
     access to open space for a variety of recreational users.
       (4) Protecting rare, threatened, or endangered plant and 
     animal species, and rare or unusual plant communities and 
     habitats.
       (5) Protecting historically significant landscapes, 
     districts, sites, and structures.
       (6) Respecting the needs of communities within, or in the 
     vicinity of, the Rim of the Valley Corridor.
       (c) Private Property.--As part of the study, the Secretary 
     shall analyze the potential impact that establishment of all 
     or a portion of the Rim of the Valley Corridor as a unit of 
     the Santa Monica Mountains National Recreation Area is likely 
     to have on land within or bordering the area that is 
     privately owned at the time the study is conducted. The 
     report required by subsection (g) shall discuss the concerns 
     of private landowners within the existing boundaries of the 
     Santa Monica Mountains National Recreation Area.
       (d) Cost Effectiveness.--As part of evaluating each 
     alternative considered under the study, the Secretary shall 
     estimate the impact of implementing the alternative on 
     staffing and other potential costs to Federal, State, and 
     local agencies and other organizations.
       (e) Consultation.--The Secretary shall conduct the study in 
     consultation with appropriate Federal, State, county, and 
     local government entities.
       (f) Study Criteria.--In addition to the special 
     considerations specified in this section, the Secretary shall 
     conduct the study using the criteria prescribed for the study 
     of areas for potential inclusion in the National Park System 
     in section 8(c) of Public Law 91-383 (16 U.S.C. 1a-5(c)).
       (g) Transmission of Study.--Within three years after funds 
     are first made available for the study, the Secretary shall 
     transmit a report containing the results of the study to the 
     Committee on Energy and Natural Resources of the Senate and 
     to the Committee on Natural Resources of the House of 
     Representatives.

[[Page 8363]]


                                 ______
                                 
      By Mrs. FEINSTEIN:
  S. 1054. A bill to amend the Reclamation Wastewater and Groundwater 
Study and Facilities Act to authorize the Secretary of the Interior to 
participate in the Inland Empire regional recycling project and in the 
Cucamonga Valley Water District recycling project; to the Committee on 
Energy and Natural Resources.
  Mrs. FEINSTEIN. Mr. President, I rise today to introduce legislation 
to authorize water recycling and other water supply projects by the 
Inland Empire Utilities Agency and the Cucamonga Valley Water District. 
These projects will produce approximately 95,000 acre-feet of new water 
annually in one of the most rapidly growing regions in the United 
States, reducing the need for imported water from the Colorado River 
and northern California through the California Water Project.
  The federal investment required is limited to approximately 10 
percent of the projects' cost, or about $30 million.
  This legislation is intended to be the companion to H.R. 122, 
sponsored by David Dreier, Grace Napolitano, Ken Calvert, Joe Baca, and 
Gary Miller.
  This legislation has broad support and has already passed the House, 
and in fact similar legislation to H.R. 122 also passed the House of 
Representatives in each of the previous two Congresses.
  It is time for this legislation to pass the Senate as well and be 
enacted into law. Environmental groups such as the Mono Lake Committee, 
Environmental Defense, Clean Water and Natural Resources Defense 
Council strongly support the water recycling and groundwater 
remediation projects in this bill. Business leaders such as Southern 
Cal Edison and Building Industry Association also support these 
projects.
  The Inland Empire Regional Water Recycling Initiative would authorize 
two project components. The first will be constructed by the Inland 
Empire Utilities Agency--IEUA--and will produce approximately 90,000 
acre feet of new water annually. The second of these projects, to be 
constructed by the Cucamonga Valley Water District--CVWD--will produce 
an additional 5,000 acre feet of new water annually.
  The Inland Empire Regional Water Recycling Initiative has the support 
of all member agencies of IEUA, as well as the water agencies 
downstream in Orange County. IEUA encompasses approximately 242 square 
miles and serves the cities of Chino, Chino Hills, Fontana--through the 
Fontana Water Company--Ontario, Upland, Montclair, Rancho Cucamonga--
through the Cucamonga Valley Water District--and the Monte Vista Water 
District.
  I want to say a few words about the importance of water recycling 
projects.
  The development of recycled water can bring significant amounts of 
water ``on line'' in a relatively short period of time. Recycled water 
provides our State and region with the ability to ``stretch'' existing 
water supplies significantly and in so doing, minimize conflict and 
address the many needs that exist. According to the State of 
California's Recycled Water Task Force, water recycling is a critical 
part of California's water future with an estimated 1.5 million acre-
feet of new supplies being developed over the next 25 years.
  Water recycling is also a bipartisan initiative in California, as 
witnessed by the many Republican and Democratic House cosponsors of the 
House versions of the bill I introduce today.
  Water recycling also has significant greenhouse gas reduction 
benefits. The greenhouse gas emission reductions attributed to local 
development and use of recycled water within Inland Empire Utilities 
Agency's service area is roughly 100,000 tons of CO2 
equivalents per year.
  With only a small percentage of the total recycled water available 
being used in Southern California, approximately 10 percent, there is a 
huge potential for additional energy savings and greenhouse gas 
reductions from aggressive development of recycled water supplies.
  California is not the only State engaged in water recycling. Today, 
water recycling is an essential water supply element in Albuquerque, 
Phoenix, Denver, Salt Lake City, Tucson, EI Paso, San Antonio, 
Portland, and other western metropolitan areas.
  I urge my colleagues to support this bill to help meet the West's 
water supply needs and to reduce our dependence on the Colorado River. 
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. 1054

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

     SECTION 1. INLAND EMPIRE AND CUCAMONGA VALLEY RECYCLING 
                   PROJECTS.

       (a) Short Title.--This section may be cited as the ``Inland 
     Empire Regional Water Recycling Initiative''.
       (b) In General.--The Reclamation Wastewater and Groundwater 
     Study and Facilities Act (Public Law 102-575, title XVI; 43 
     U.S.C. 390h et seq.) is amended by adding at the end the 
     following:

     ``SEC. 1639. INLAND EMPIRE REGIONAL WATER RECYCLING PROJECT.

       ``(a) In General.--The Secretary, in cooperation with the 
     Inland Empire Utilities Agency, may participate in the 
     design, planning, and construction of the Inland Empire 
     regional water recycling project described in the report 
     submitted under section 1606(c).
       ``(b) Cost Sharing.--The Federal share of the cost of the 
     project described in subsection (a) shall not exceed 25 
     percent of the total cost of the project.
       ``(c) Limitation.--Funds provided by the Secretary shall 
     not be used for operation and maintenance of the project 
     described in subsection (a).
       ``(d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $20,000,000.
       ``(e) Sunset of Authority.--The authority of the Secretary 
     to carry out any provisions of this section shall terminate 
     10 years after the date of the enactment of this section.

     ``SEC. 1640. CUCAMONGA VALLEY WATER RECYCLING PROJECT.

       ``(a) In General.--The Secretary, in cooperation with the 
     Cucamonga Valley Water District, may participate in the 
     design, planning, and construction of the Cucamonga Valley 
     Water District satellite recycling plants in Rancho 
     Cucamonga, California, to reclaim and recycle approximately 2 
     million gallons per day of domestic wastewater.
       ``(b) Cost Sharing.--The Federal share of the cost of the 
     project described in subsection (a) shall not exceed 25 
     percent of the capital cost of the project.
       ``(c) Limitation.--Funds provided by the Secretary shall 
     not be used for operation and maintenance of the project 
     described in subsection (a).
       ``(d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section, $10,000,000.
       ``(e) Sunset of Authority.--The authority of the Secretary 
     to carry out any provisions of this section shall terminate 
     10 years after the date of the enactment of this section.''.
       (c) Conforming Amendments.--The table of sections in 
     section 2 of the Reclamation Projects Authorization and 
     Adjustment Act of 1992 (43 U.S.C. prec. 371) is amended by 
     inserting after the item relating to section 1638 the 
     following:

``1639. Inland Empire Regional Water Recycling Program.
``1640. Cucamonga Valley Water Recycling Project.''.
                                 ______
                                 
      By Mr. BIDEN:
  S. 1055. A bill to promote the future of the American automobile 
industry, and for other purposes; to the Committee on Finance.
  Mr. BIDEN. Mr. President, today I am introducing The American 
Automobile Industry Promotion Act of 2007 to jump-start next generation 
battery technology development in the United States and extend 
incentives to American-made highly efficient vehicles.
  This legislation authorizes $100 million a year for 5 years to 
advance new battery technology--an amount double the administration's 
current budget request. On a national and international level, we must 
do whatever it takes to help our domestic auto manufacturers remain 
competitive.
  Right now, the Japanese dominate the market for lithium ion batteries 
because they invested hundreds of millions of dollars in developing 
this technology and in supporting their domestic industry. And, the 
Koreans and the Chinese are not far behind. American auto manufacturers 
are playing catch-up and we need to move quickly.
  Specifically, I am proposing to support the development of advanced 
electric components, systems and vehicles, by providing funds for 
battery research to national laboratories, small businesses, and 
institutes of higher learning. The bill will also establish,

[[Page 8364]]

through a competitive selection process, an Industry Alliance of 
private, U.S. based, for-profit firms whose primary business is battery 
development. The Industry Alliance would be an advisory resource on 
short and long term battery technology development.
  The new research initiative will have four major areas of focus: (1) 
Research and Development including battery technology, high-efficiency 
charging systems, high-powered drive-train systems, control systems and 
power train development, and nanomaterial technology for battery and 
fuel cell systems. (2) Demonstration. The initiative also creates a 
demonstration program which would devote resources toward 
demonstration, testing and evaluation of hybrid electric vehicles for 
many different applications including military, mass market passenger 
and SUV vehicles. (3) Education. The initiative will support curriculum 
development in secondary, high school, as well as higher education 
institutions that focus on electric drive systems and component 
engineering. (4) Testing. Finally, the initiative would work with the 
EPA to develop testing and certification procedures for criteria 
pollutants, fuel economy, and petroleum use in vehicles.
  In addition to research and development for the lithium ion battery, 
the American Automobile Industry Promotion Act will also set a national 
standard for biodiesel, a cleaner-burning fuel made from natural and 
renewable sources; and expand tax credit eligibility for consumers who 
purchase more fuel-efficient diesel vehicles. Today's diesels are 
cleaner than their predecessors, are in compliance with EPA emissions 
standards, and are 30 percent more fuel efficient than an equivalent 
gasoline engine. Specifically, the bill expands the emissions 
requirements to qualify for a tax credit for various weight diesel 
vehicles, increasing the number of American-manufactured more fuel 
efficient diesel vehicles that qualify. This provision would expire in 
four years, at which time all highly efficient vehicles will have to 
meet higher emissions standards to qualify for the tax credit.
  Now is the time to act. It's not too late, but we do not have the 
luxury of waiting. If we are ever to be truly competitive in the global 
auto market and free from our dependence on foreign oil, we must move 
forward on all fronts.
  I ask unanimous consent that the text of the 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. 1055

       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 ``American Automobile Industry 
     Promotion Act of 2007''.

     SEC. 2. ADVANCED ENERGY INITIATIVE FOR VEHICLES.

       (a) Purposes.--The purposes of this section are--
       (1) to enable and promote, in partnership with industry, 
     comprehensive development, demonstration, and 
     commercialization of a wide range of electric drive 
     components, systems, and vehicles using diverse electric 
     drive transportation technologies;
       (2) to make critical public investments to help private 
     industry, institutions of higher education, National 
     Laboratories, and research institutions to expand innovation, 
     industrial growth, and jobs in the United States;
       (3) to expand the availability of the existing electric 
     infrastructure for fueling light duty transportation and 
     other on-road and nonroad vehicles that are using petroleum 
     and are mobile sources of emissions--
       (A) including the more than 3,000,000 reported units (such 
     as electric forklifts, golf carts, and similar nonroad 
     vehicles) in use on the date of enactment of this Act; and
       (B) with the goal of enhancing the energy security of the 
     United States, reduce dependence on imported oil, and reduce 
     emissions through the expansion of grid-supported mobility;
       (4) to accelerate the widespread commercialization of all 
     types of electric drive vehicle technology into all sizes and 
     applications of vehicles, including commercialization of 
     plug-in hybrid electric vehicles and plug-in hybrid fuel cell 
     vehicles; and
       (5) to improve the energy efficiency of and reduce the 
     petroleum use in transportation.
       (b) Definitions.--In this section:
       (1) Battery.--The term ``battery'' means an energy storage 
     device used in an on-road or nonroad vehicle powered in whole 
     or in part using an off-board or on-board source of 
     electricity.
       (2) Electric drive transportation technology.--The term 
     ``electric drive transportation technology'' means--
       (A) a vehicle that--
       (i) uses an electric motor for all or part of the motive 
     power of the vehicle; and
       (ii) may use off-board electricity, including battery 
     electric vehicles, fuel cell vehicles, engine dominant hybrid 
     electric vehicles, plug-in hybrid electric vehicles, plug-in 
     hybrid fuel cell vehicles, and electric rail; or
       (B) equipment relating to transportation or mobile sources 
     of air pollution that uses an electric motor to replace an 
     internal combustion engine for all or part of the work of the 
     equipment, including corded electric equipment linked to 
     transportation or mobile sources of air pollution.
       (3) Engine dominant hybrid electric vehicle.--The term 
     ``engine dominant hybrid electric vehicle'' means an on-road 
     or nonroad vehicle that--
       (A) is propelled by an internal combustion engine or heat 
     engine using--
       (i) any combustible fuel; and
       (ii) an on-board, rechargeable storage device; and
       (B) has no means of using an off-board source of 
     electricity.
       (4) Fuel cell vehicle.--The term ``fuel cell vehicle'' 
     means an on-road or nonroad vehicle that uses a fuel cell (as 
     defined in section 803 of the Energy Policy Act of 2005 (42 
     U.S.C. 16152)).
       (5) Initiative.--The term ``Initiative'' means the Advanced 
     Battery Initiative established by the Secretary under 
     subsection (f)(1).
       (6) Nonroad vehicle.--The term ``nonroad vehicle'' has the 
     meaning given the term in section 216 of the Clean Air Act 
     (42 U.S.C. 7550).
       (7) Plug-in hybrid electric vehicle.--The term ``plug-in 
     hybrid electric vehicle'' means an on-road or nonroad vehicle 
     that is propelled by an internal combustion engine or heat 
     engine using--
       (A) any combustible fuel;
       (B) an on-board, rechargeable storage device; and
       (C) a means of using an off-board source of electricity.
       (8) Plug-in hybrid fuel cell vehicle.--The term ``plug-in 
     hybrid fuel cell vehicle'' means an onroad or nonroad vehicle 
     that is propelled by a fuel cell using--
       (A) any compatible fuel;
       (B) an on-board, rechargeable storage device; and
       (C) a means of using an off-board source of electricity.
       (9) Industry alliance.--The term ``Industry Alliance'' 
     means the entity selected by the Secretary under subsection 
     (f)(2).
       (10) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given the 
     term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 
     15801).
       (11) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (c) Goals.--The goals of the electric drive transportation 
     technology program established under subsection (e) shall be 
     to develop, in partnership with industry and institutions of 
     higher education, projects that focus on--
       (1) innovative electric drive technology developed in the 
     United States;
       (2) growth of employment in the United States in electric 
     drive design and manufacturing;
       (3) validation of the plug-in hybrid potential through 
     fleet demonstrations; and
       (4) acceleration of fuel cell commercialization through 
     comprehensive development and commercialization of battery 
     technology systems independent of fundamental fuel cell 
     vehicle technology development.
       (d) Assessment.--Not later than 120 days after the date of 
     enactment of this Act, the Secretary shall offer to enter 
     into an arrangement with the National Academy of Sciences--
       (1) to conduct an assessment (in cooperation with industry, 
     standards development organizations, and other entities, as 
     appropriate), of state-of-the-art battery technologies with 
     potential application for electric drive transportation;
       (2) to identify knowledge gaps in the scientific and 
     technological bases of battery manufacture and use;
       (3) to identify fundamental research areas that would 
     likely have a significant impact on the development of 
     superior battery technologies for electric drive vehicle 
     applications; and
       (4) to recommend steps to the Secretary to accelerate the 
     development of battery technologies for electric drive 
     transportation.
       (e) Program.--The Secretary shall conduct a program of 
     research, development, demonstration, and commercial 
     application for electric drive transportation technology, 
     including--
       (1) high-capacity, high-efficiency batteries;
       (2) high-efficiency on-board and off-board charging 
     components;

[[Page 8365]]

       (3) high-powered drive train systems for passenger and 
     commercial vehicles and for nonroad equipment;
       (4) control system development and power train development 
     and integration for plug-in hybrid electric vehicles, plug-in 
     hybrid fuel cell vehicles, and engine dominant hybrid 
     electric vehicles, including--
       (A) development of efficient cooling systems;
       (B) analysis and development of control systems that 
     minimize the emissions profile when clean diesel engines are 
     part of a plug-in hybrid drive system; and
       (C) development of different control systems that optimize 
     for different goals, including--
       (i) battery life;
       (ii) reduction of petroleum consumption; and
       (iii) green house gas reduction;
       (5) nanomaterial technology applied to both battery and 
     fuel cell systems;
       (6) large-scale demonstrations, testing, and evaluation of 
     plug-in hybrid electric vehicles in different applications 
     with different batteries and control systems, including--
       (A) military applications;
       (B) mass market passenger and light-duty truck 
     applications;
       (C) private fleet applications; and
       (D) medium- and heavy-duty applications;
       (7) a nationwide education strategy for electric drive 
     transportation technologies providing secondary and high 
     school teaching materials and support for education offered 
     by institutions of higher education that is focused on 
     electric drive system and component engineering;
       (8) development, in consultation with the Administrator of 
     the Environmental Protection Agency, of procedures for 
     testing and certification of criteria pollutants, fuel 
     economy,and petroleum use for light-,medium-, and heavy-duty 
     vehicle applications, including consideration of--
       (A) the vehicle and fuel as a system, not just an engine; 
     and
       (B) nightly off-board charging; and
       (9) advancement of battery and corded electric 
     transportation technologies in mobile source applications 
     by--
       (A) improvement in battery, drive train, and control system 
     technologies; and
       (B) working with industry and the Administrator of the 
     Environmental Protection Agency--
       (i) to understand and inventory markets; and
       (ii) to identify and implement methods of removing barriers 
     for existing and emerging applications.
       (f) Advanced Battery Initiative.--
       (1) In general.--The Secretary shall establish and carry 
     out an Advanced Battery Initiative in accordance with this 
     subsection to support research, development, demonstration, 
     and commercial application of battery technologies.
       (2) Industry alliance.--Not later than 180 days after the 
     date of enactment of this Act, the Secretary shall 
     competitively select an Industry Alliance to represent 
     participants who are private, for-profit firms headquartered 
     in the United States, the primary business of which is the 
     manufacturing of batteries.
       (3) Research.--
       (A) Grants.--The Secretary shall carry out research 
     activities of the Initiative through competitively-awarded 
     grants to--
       (i) researchers, including Industry Alliance participants;
       (ii) small businesses;
       (iii) National Laboratories; and
       (iv) institutions of higher education.
       (B) Industry alliance.--The Secretary shall annually 
     solicit from the Industry Alliance--
       (i) comments to identify advanced battery technology needs 
     relevant to electric drive technology;
       (ii) an assessment of the progress of research activities 
     of the Initiative; and
       (iii) assistance in annually updating advanced battery 
     technology roadmaps.
       (4) Availability to the public.--The information and 
     roadmaps developed under this subsection shall be available 
     to the public.
       (5) Preference.--In making awards under this subsection, 
     the Secretary shall give preference to participants in the 
     Industry Alliance.
       (g) Cost Sharing.--In carrying out this section, the 
     Secretary shall require cost sharing in accordance with 
     section 988 of the Energy Policy Act of 2005 (42 U.S.C. 
     16352).
       (h) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $100,000,000 for 
     each of fiscal years 2008 through 2012.

     SEC. 3. AVAILABILITY OF NEW ADVANCED LEAN BURN TECHNOLOGY 
                   MOTOR VEHICLE CREDIT FOR HIGH-EFFICIENCY DIESEL 
                   MOTOR VEHICLES.

       (a) In General.--Section 30B(c)(3)(A) of the Internal 
     Revenue Code of 1986 (defining new advanced lean burn 
     technology motor vehicle credit) is amended--
       (1) by adding ``and'' at the end of clause (ii), and
       (2) by striking clause (iv).
       (b) Effective Date.--The amendments made by this section 
     shall apply to property purchased after the date of the 
     enactment of this Act.

     SEC. 4. BIODIESEL STANDARDS.

       Section 211 of the Clean Air Act (42 U.S.C. 7545) is 
     amended--
       (1) by redesignating the first subsection (r) (relating to 
     the definition of the term ``manufacturer'') as subsection 
     (t) and moving the subsection so as to appear after 
     subsection (s); and
       (2) by inserting after subsection (o) the following:
       ``(p) Biodiesel Standards.--
       ``(1) Definitions.--In this subsection:
       ``(A) Biodiesel.--
       ``(i) In general.--The term `biodiesel' means the monoalkyl 
     esters of long chain fatty acids derived from plant or animal 
     matter that meet--

       ``(I) the registration requirements for fuels and fuel 
     additives established by the Environmental Protection Agency 
     under section 211 of the Clean Air Act (42 U.S.C. 7545); and
       ``(II) the requirements of the American Society of Testing 
     and Materials D6751.

       ``(ii) Inclusions.--The term `biodiesel' includes esters 
     described in subparagraph (A) derived from--

       ``(I) animal waste, including poultry fat, poultry waste, 
     and other waste material; and
       ``(II) municipal solid waste, sludge, and oil derived from 
     wastewater or the treatment of wastewater.

       ``(B) Biodiesel blend.--
       ``(i) In general.--The term `biodiesel blend' means a 
     mixture of biodiesel and diesel fuel (as defined in section 
     4083(a) of the Internal Revenue Code of 1986).
       ``(ii) Inclusions.--The term `biodiesel blend' includes--

       ``(I) a blend of biodiesel and diesel fuel approximately 5 
     percent of the content of which is biodiesel (commonly known 
     as `B5'); and
       ``(II) a blend of biodiesel and diesel fuel approximately 
     20 percent of the content of which is biodiesel (commonly 
     known as `B20').

       ``(2) Standards.--Not later than 180 days after the date of 
     enactment of the American Automobile Industry Promotion Act 
     of 2007, the Administrator shall promulgate regulations to 
     establish standards for each biodiesel blend that is sold or 
     introduced into commerce in the United States.''.
                                 ______
                                 
      By Mrs. FEINSTEIN (for herself and Mr. Brownback):
  S. 1056. A bill to provide for a comprehensive Federal effort 
relating to early detection of, treatments for, and the prevention of 
cancer, and for other purposes; to the Committee on Health, Education, 
Labor, and Pensions.
  Mrs. FEINSTEIN. Mr. President, I rise, along with my Senate Cancer 
Coalition cochair, Senator Brownback, to introduce the National Cancer 
Act of 2007, a bipartisan blueprint for winning the war against cancer.
  It includes: grants for targeted drug development; creating ``cancer 
quarterbacks'' in Medicare; Medicaid coverage for smoking cessation 
treatments; pilot projects for expanding colorectal cancer screening in 
underserved populations; continued research into the possible benefits 
of early detection for lung cancer; loan repayment assistance for 
cancer prevention researchers; incentives for research into drugs that 
prevent cancer from developing and spreading in the first place; 
provisions to promote the collection and storage of tissue sample, to 
give researchers the tools they need to use genomic research to create 
individualized cures; promoting access to clinical trials, as well as 
investigational therapies for those who are terminally ill; addressing 
the health needs of the growing number of cancer survivors.
  Just over 35 years ago, President Nixon signed into law the original 
National Cancer Act, creating the National Cancer Institute and making 
cancer research a priority of the Federal Government. This work has led 
to tremendous breakthroughs against cancer, including innovative drugs, 
treatments, and a better understanding of the factors that lead to 
cancer in the first place. Last year, death rates decreased for 11 of 
the 15 cancers most common in men, and 10 of the cancers most common in 
women.
  Sixty-five percent of people diagnosed with cancer can now expect to 
survive at least 5 years. This is good news. But it is not enough. The 
cost of cancer, in both human and economic terms, remains staggering.
  An estimated 1,399,790 Americans were diagnosed with some form of 
cancer last year.
  Approximately 1 of 3 women will develop cancer at some point in her 
lifetime; for men, the risk is slightly less than 1 in 2.
  The National Institutes of Health estimated the overall cost of 
cancer in 2005 at $209.9 billion.

[[Page 8366]]

  The price of inaction is too steep. Cancer is, first and foremost, a 
disease of aging. About 76 percent of cancer cases are diagnosed in 
patients at age 55 or older. If no fundamental changes are made, the 
aging of the Baby Boom generation will bring a 20 percent increase in 
cancer diagnoses.
  In the face of these challenges, the National Cancer Institute, NCI, 
with broad support in the cancer community, set the ambitious goal of 
ending death and suffering from cancer by 2015. This goal has generated 
unprecedented excitement and unity, with over 80 Members of the United 
States Senate signing a letter in support of the effort.
  It is time to reexamine and reorient our Nation's cancer policy to 
meet this ambitious goal. This does not mean that cancer will be 
eradicated by 2015. As our population ages, cancer will not go away. 
But we can change the meaning of a cancer diagnosis, and that is what 
the 2015 goal is about.
  Meeting this goal will take a comprehensive approach. It requires 
detecting cancer earlier, before it spreads and becomes harder to 
treat. It requires targeted therapies, capable of killing cancer cells 
while leaving healthy cells intact. We must provide access to high 
quality cancer care for those who do get sick. We must also understand 
more about why people get cancer in the first place, and ways it can be 
prevented.
  Our legislation takes a multifaceted approach to changing the very 
nature of a cancer diagnosis. The National Cancer Act of 2007 will do 
the following:
  Authorize grants for the development of targeted drugs.
  New drug therapies continue to lead us closer to the day in which 
cancer is a treatable, chronic condition controlled with a simple pill 
or injection. It has now been 5 years since the drug company Novartis 
won approval for Gleevec, a targeted drug that has saved the lives of 
countless patients with Chronic Myeloid Leukemia, CML.
  Gleevec demonstrates the promise of this new kind of drug therapy. It 
blocks the enzymes that help cancer cells grow and divide, leaving 
healthy cells untouched. When this drug was first introduced, CML 
patients who were near death recovered and left the hospital. Yet it 
could not be determined if their remission would last, or if long-term 
use of this revolutionary drug would prove safe.
  We now know that Gleevec is fulfilling this early promise. Before the 
advent of this drug, CML patients would often suffer a relapse after 2 
or 3 years. But a recent study of CML patients taking Gleevec has 
demonstrated a remarkable 89 percent survival rate after 5 years. The 
cancer progressed to a more serious stage in only 7 percent of patients 
during this time period, and only 5 percent were forced to discontinue 
treatment because of side effects.
  These results suggest that patients may be able to stay on Gleevec 
indefinitely, keeping this formerly deadly cancer under control while 
leading full and productive lives.
  Targeted therapies are now offering hope to patients with many 
different kinds of cancer: Herceptin for some breast cancers, Iressa 
for those with small cell lung cancer, Avastin for colorectal cancer. 
Avastin can extend survival by interfering with the growth of blood 
vessels that feed the tumor, literally starving it.
  These drugs are the future of cancer research. We need more drugs 
like Gleevec, which transform cancer from a killer to a controllable 
health condition. This legislation would authorize NCI to make grants 
to further develop these treatments.
  To help with the development of targeted drugs, the bill also calls 
for the establishment of a task force on surrogate endpoints and 
biomarkers. They are the mechanisms for measuring the efficacy of 
cancer treatment at the molecular level, allowing doctors to precisely 
gauge how a patient is reacting to a treatment, or if a cancer is 
progressing.
  Developing biomarkers for different types of cancer is an essential 
step, and our bill will establish a program to develop the biomarkers 
with the most immediate clinical promise.
  The bill will also create special reimbursements for coordinating 
physicians, or ``cancer quarterbacks'' in Medicare. Successful cancer 
treatment is increasingly complex, reaching across the entire spectrum 
of the medical profession. It can involve lab tests, CT-scans, surgery, 
chemotherapy, and a full team of specialists who offer this care. Many 
patients have no single physician who can guide them through the 
complicated and sometimes contradictory course of cancer treatment, no 
professional to advise them what is best.
  This bill would require Medicare to pay oncology doctors or nurses to 
become the overall managers of patients' care, in effect providing 
every cancer patient with a ``cancer quarterback'' physician to help 
them coordinate care and make the necessary decisions.
  This cancer quarterback can direct care in the manner that best meets 
the patient's needs, instead of focusing on only a small segment of his 
or her care.
  This legislation requires that State Medicaid drug programs cover 
smoking cessation treatments in the same manner as all other approved 
therapies. I have long believed that we will not truly address the 
burden of cancer until we address tobacco use. I have asked all kinds 
of cancer experts about what we can do to stop death from cancer, and 
their answer is always the same: Stop tobacco use.
  Tobacco causes 30 percent of cancer deaths and 1 in 5 of all deaths 
in the United States. It is the leading cause of preventable death. 
Smoking related costs total $167 billion annually.
  According to the CDC, more than 70 percent of American smokers would 
like to quit. Studies indicate that tobacco use treatment, including 
smoking cessation aids, will double their chances of success.
  Yet under current law, State Medicaid programs are exempted from 
providing coverage of smoking cessation agents in the same way as they 
provide coverage of other drugs. Other exemptions include fertility 
treatments, drugs to promote hair growth, and drugs for erectile 
dysfunction.
  Simply put, smoking cessation aids, which are FDA approved and proven 
to be effective, do not belong on this list. Denying people access to 
treatments to help them break a deadly and expensive addiction is 
flawed policy.
  Our bill will remove tobacco cessation products from this list of 
exemptions, leveling the playing field with other FDA approved 
products.
  Our bill establishes pilot projects for expanding colorectal cancer 
screening for low-income, uninsured individuals. The Breast and 
Cervical Cancer Early Detection Program has proven very successful in 
providing low income women with access to potentially life saving 
screenings. It is now time to provide similar access to colorectal 
cancer screening.
  The need is great. A 2006 study conducted by Northwestern University 
researchers found that only 7 percent of minority patients without 
regular health care access at risk for developing colon cancer are 
being screened. A 2005 study of New York City residents found that 
those least likely to have been recommended colorectal screening are 
low-income or uninsured.
  Early detection allows physicians to identify patients with pre-
cancerous polyps, and treat them before cancer even develops. These 
pilot projects identify the best ways to provide access to this 
lifesaving care for those who are not currently receiving recommended 
screenings.
  This bill will authorize continued research on the potential of CT 
scans to detect lung cancer early. before it becomes fatal. Despite all 
the promising advances against many types of cancer, lung cancer 
remains the Nation's leading cause of cancer death in both men and 
women. About 20,000 people who have never smoked are diagnosed with 
lung cancer each year, and this number is increasing.
  We need to learn more about how to screen for lung cancer and detect 
it early, before it has advanced. There is much we need to learn before 
scientists can make a definitive recommendation about screening and its 
potential benefits for both smokers and non-smokers.

[[Page 8367]]

  To help scientists learn more, this bill will authorize funding to 
provide CT scans to those with a history of heavy smoking. This further 
study will help determine whether this promising technology is indeed 
the method we need to make progress against the leading cancer killer.
  This legislation expands the existing NIH loan repayment program to 
provide assistance to researchers who make a commitment to working on 
cancer prevention research. This will encourage the best and brightest 
to pursue work that will help us to better understand what causes 
cancer and how we can stop it from occurring.
  The bill will encourage and support research into new drugs and 
treatments, called chemopreventatives, which can stop precancerous 
cells from becoming tumors. Decades of research has enabled physicians 
to prescribe medications to prevent serious illness, such as statin 
drugs to lower cholesterol, and drugs to treat high blood pressure 
before it leads to strokes.
  Progress in drug development to stop cancer has been far more 
limited. The promise of this field was made clear when, last year, the 
Food and Drug Administration, FDA, licensed Gardasil, a vaccine to stop 
the spread of cervical cancer. Gardasil protects against the two forms 
of the human papillomavirus, or HPV, which causes approximately 70 
percent of cervical cancer cases. This vaccine could virtually 
eliminate cervical cancer during the lifetime of our daughters and 
granddaughters.
  We need more chemoprevention techniques like Guardasil to guard 
against other types of cancer. People at high risk for a specific type 
of cancer may one day take a daily pill to stop abnormal cells from 
progressing to full blown cancer. Though it will take a long time for 
these promises to become reality, this research is the future of cancer 
care.
  In order to encourage this work, our legislation would grant Orphan 
Drug Act protections to treatments designed to treat high-risk 
conditions in individuals who have not yet been diagnosed with cancer, 
but if left untreated, face a high risk of developing cancer.
  This research will require new resources in order to have the best 
chance of success. To build the foundations for success, our bill will 
encourage biospecimen collection.
  Scientists are beginning to understand the significant role that 
genetics plays in the development of cancer. To encourage further 
study, scientists need access to a variety of tissue, blood, and other 
samples from both cancer patients and those who are healthy. Our bill 
codifies guidelines for the collection of these samples and requires 
that the Medicare Payment Advisory Commission, MedPAC, draft a report 
examining potential payment systems for these activities.
  We are on the cusp of an age of personalized medicine, in which a 
cancer patient's tumor can be analyzed to determine what type of 
treatment will be most effective. Patients will no longer undergo round 
after round of chemotherapy or radiation in the hopes of finding a 
treatment regime that works. Collecting and storing blood and tissue 
samples will provide our researchers with the materials they need to 
make these important discoveries.
  Our bill will promote clinical trial enrollment. Patients willing to 
try these cutting edge cancer therapies as they emerge face a variety 
of obstacles. They, or their physicians, might not know what clinical 
trial opportunities exist. They may need to travel to a far away 
facility to participate. Our legislation requires the Director of the 
National Cancer Institute to create a clinical trials program, which 
includes: an outreach program, to assure that all patients, especially 
minorities, participate in trials; and a coordination program, to help 
patients with logistical challenges and the support costs of trial 
participation.
  Our bill creates an oncology compassionate access program. No patient 
should lose a battle with cancer because bureaucratic hurdles denied 
him or her access to a potentially lifesaving therapy. Our bill 
provides for the creation of a new compassionate access program to 
speed access of investigational therapies for terminally ill patients 
who have exhausted all other available treatment options.
  Our bill will address the needs of a growing number of cancer 
survivors. As cancer increasingly becomes a manageable, chronic 
condition, there will be an increasing number of cancer survivors 
confronting yet-unknown health challenges. Current cancer survivors 
number almost 10 million, and this number will only grow. This bill 
will: expand current cancer surveillance systems to track the health 
status of cancer survivors; implement a national cancer survivorship 
action plan, including post treatment health programs; require States 
to consider the needs of cancer survivors, and their families, in 
addition to current patients, when drafting their comprehensive cancer 
control plans.
  Require the National Cancer Institute and the National Institute of 
Environmental Health Sciences, NIEHS, to report on their strategies, 
benchmarks, and progress in meeting the 2015 goal. This will allow 
Congress to adjust policy as necessary to ensure that the promise of 
ending death and suffering from cancer is realized.
  The state of cancer care has changed drastically since 1971, and it 
is time that our Federal policies reflect these changes. The 2015 goal 
is ambitious, and it requires no less than ambitious legislation in 
response.
  I urge you to join me in supporting this legislation.
  Mr. BROWNBACK. Mr. President, today, I introduce the National Cancer 
Act of 2007, along with my colleague Dianne Feinstein. Thirty-five 
years ago, President Richard Nixon signed the original National Cancer 
Act, and today, we are moving forward with a new, comprehensive bill 
that takes us one step closer to ending death and suffering from cancer 
within 10 years. This bill addresses impact-oriented issues such as the 
development of cancer prevention drugs and a screening for the most 
lethal cancer.
  Lung cancer is the number one cancer killer in America. Individuals 
afflicted with lung cancer historically have had only 15 percent 
survival rate. Our legislation includes a new demonstration program to 
continue research on a screening that uses a spiral CT scan. Screenings 
using this tool and appropriate follow-up procedures have shown very 
encouraging results in early detection.
  We also include accountability mechanisms in this bill. We request a 
report from the Federal Government regarding the manner in which 
Federal cancer research funding is being spent by requiring an estimate 
of the number of individuals who have benefited from such investment 
and the number of new treatments developed.
  Another issue our legislation addresses is the fact that less than 5 
percent of adults diagnosed with cancer each year will be treated 
through enrollment in a clinical trial; this is often due to lack of 
awareness. Our bill creates an education program about the availability 
of clinical trials.
  Our legislation also includes efforts to ensure the availability of 
compassionate access options. Making decisions about treatment options 
for cancer is a decision best made between the cancer patient and their 
doctor. Compassionate access offers cancer patients, who have exhausted 
all of their treatment options, access to promising investigational 
treatments that have not yet received full approval by the Food and 
Drug Administration.
  Finally, our bill includes measures to accelerate the progress of the 
National Cancer Institute's initiative of mapping the genome of the 
most lethal cancers in America, which will lead to earlier cancer 
diagnosis and the use of personalized medicine.
  I look forward to working with my colleague Dianne Feinstein and 
others in moving forward with this legislation in the Senate.
                                 ______
                                 
      By Mr. LEVIN (for himself and Ms. Stabenow):
  S. 1058. A bill to expedite review of the Grand River Bands of Ottawa 
Indians of Michigan to secure a timely and just determination of 
whether the Bands are entitled to recognition as a Federal Indian tribe 
so that the Bands may receive eligible funds before the

[[Page 8368]]

funds are no longer available; to the Committee on Indian Affairs.
  Mr. LEVIN. Mr. President, the Grand River Bands of Ottawa Indians, 
commonly referred to as the Grand River Bands, has been in some form 
indigenous to the State of Michigan for over 200 years. The Grand River 
Bands consists of the 19 bands of Indians who occupied the territory 
along the Grand River in what is now southwest Michigan, including the 
cities of Grand Rapids and Muskegon. The members of the Grand River 
Bands are the descendants and political successors to signatories of 
the 1821 Treaty of Chicago and the 1836 Treaty of Washington. They are 
also one of six tribes which is an original signatory of the 1855 
Treaty of Detroit. However, the Grand River Bands is the only one of 
those tribes which is not recognized by the Federal Government.
  In the 109th Congress, I introduced a bill, with my colleague, 
Senator Stabenow, which would direct the Bureau of Indian Affairs at 
the Department of the Interior to make a recognition determination, for 
the Grand River Bands, in a timely manner. I am pleased to re-introduce 
that bill now. I would also like to affirm that this bill does not 
federally recognize the tribe nor does it address the issue of gaming. 
Furthermore, I would like to stress the timely manner in which this 
determination must be made.
  If federally recognized, the Grand River Bands is eligible for funds 
set aside for them from a Federal consent judgment. These funds are 
expected to be distributed this year. In order for the Grand River 
Bands to receive their portion of this fund, they must be federally 
recognized before this money is distributed. They have completed all of 
the necessary items for a determination to be made by the Bureau of 
Indian Affairs, but the Bureau has failed to act on the petition for 
the past ten years.
  I hope that this legislation will help to provide a timely remedy so 
that the Grand River Bands can receive funds that are currently set 
aside for them, and enjoy the full benefits and status of Federal 
recognition.
                                 ______
                                 
      By Mr. BIDEN (for himself, Mr. Specter, Mr. Brownback, and Mr. 
        Leahy):
  S. 1060. A bill to reauthorize the grant program for reentry of 
offenders into the community in the Omnibus Crime Control and Safe 
Streets Act of 1968, to improve reentry planning and implementation, 
and for other purposes; to the Committee on the Judiciary.
  Mr. BIDEN. Mr. President, I introduce today with my colleagues 
Senators Specter, Brownback, and Leahy the Recidivism Reduction and 
Second Chance Act of 2007, which takes direct aim at reducing 
recidivism rates by improving the transition of offenders from prison 
back into the community. As this bill reflects, preventing recidivism 
is not only the right thing to do, it makes our communities safer and 
it saves us money.
  Today, we have over two million individuals in our Federal and State 
prisons and millions more in local jails. Our Federal and State prisons 
will release nearly 650,000 of these offenders back into our 
communities this year. A staggering \2/3\ of released State prisoners 
will be rearrested for a felony or serious misdemeanor within 3 years 
of release.
  It's not difficult to see why. These ex-offenders face a number of 
difficult challenges upon release. The unemployment rate among former 
inmates is as high as 60 percent; 15-27 percent of prisoners expect to 
go to homeless shelters upon release; and 57 percent of Federal and 70 
percent of State inmates used drugs regularly before prison. This 
addiction and dependency often continues during incarceration.
  Unless we address these problems, these individuals will commit 
hundreds of thousands of serious crimes after their release, and our 
communities will bear the human and economic cost. If we are going to 
reduce recidivism and crime, we simply have to make concerted, common-
sense efforts now to help ex-offenders successfully reenter and 
reintegrate into their communities.
  The Recidivism Reduction and Second Chance Act of 2007 confronts 
head-on the dire situation of prisoners reentering our communities with 
insufficient monitoring, little or no job skills, inadequate drug 
treatment, insufficient housing, lack of basic physical and mental 
health services, and deficient basic life skills. Through commonsense 
and cost effective measures, it offers a second chance for ex-
offenders, and the children and families that depend on them, and it 
strengthens our communities and ensures safe neighborhoods.
  The Second Chance Act provides a competitive grant program to study 
current approaches to reducing recidivism rates. It also provides 
grants for the development and implementation of comprehensive 
substance abuse treatment programs, academic and vocational education 
programs, housing and job counseling programs, and mentoring for 
offenders who are approaching release and who have been released. To 
ensure accountability, the bill requires grantees to establish 
performance goals and benchmarks and report the results to Congress.
  The bill authorizes $192 million per year in competitive grant 
funding. This represents an investment in our future and an 
acknowledgement of the problem we face. We must remember that the 
average cost of incarcerating each prisoner exceeds $20,000 per year, 
with expenditures on corrections alone having increased from $9 billion 
in 1982 to $60 billion in 2002. That's more than a six-fold increase, 
and the costs keep going up.
  A relatively modest investment in offender reentry efforts today is 
far more cost-effective than the alternative--building more prisons for 
these ex-offenders to return to if they can't reenter their communities 
and are convicted of further crimes. An ounce of prevention, as the 
saying goes, is worth a pound of cure.
  I'm proud today to join with Senator Specter, Senator Brownback, and 
Senator Leahy in introducing the Recidivism Reduction and Second Chance 
Act and ask that our colleagues join with us in this vital effort. The 
safety of our neighbors, our children, and our communities depends on 
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. 1060

       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 ``Recidivism Reduction and 
     Second Chance Act of 2007'' or the ``Second Chance Act of 
     2007''.

     SEC. 2. TABLE OF CONTENTS.

       The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings.
Sec. 4. Submission of reports to Congress.

   TITLE I--AMENDMENTS RELATED TO THE OMNIBUS CRIME CONTROL AND SAFE 
                          STREETS ACT OF 1968

             Subtitle A--Improvements to Existing Programs

Sec. 101. Reauthorization of adult and juvenile offender State and 
              local reentry demonstration projects.
Sec. 102. Improvement of the residential substance abuse treatment for 
              State offenders program.

  Subtitle B--New and Innovative Programs to Improve Offender Reentry 
                                Services

Sec. 111. State and local reentry courts.
Sec. 112. Grants for comprehensive and continuous offender reentry task 
              forces.
Sec. 113. Prosecution drug treatment alternative to prison programs.
Sec. 114. Grants for family substance abuse treatment alternatives to 
              incarceration.
Sec. 115. Prison-based family treatment programs for incarcerated 
              parents of minor children.
Sec. 116. Grant programs relating to educational methods at prisons, 
              jails, and juvenile facilities.

                   Subtitle C--Conforming Amendments

Sec. 121. Use of violent offender truth-in-sentencing grant funding for 
              demonstration project activities.

[[Page 8369]]

     TITLE II--ENHANCED DRUG TREATMENT AND MENTORING GRANT PROGRAMS

                       Subtitle A--Drug Treatment

Sec. 201. Grants for demonstration programs to reduce drug use and 
              recidivism in long-term substance abusers.
Sec. 202. Offender drug treatment incentive grants.
Sec. 203. Ensuring availability and delivery of new pharmacological 
              drug treatment services.
Sec. 204. Study of effectiveness of depot naltrexone for heroin 
              addiction.
Sec. 205. Authorization of appropriations.

                        Subtitle B--Job Training

Sec. 211. Technology careers training demonstration grants.
Sec. 212. Grants to States for improved workplace and community 
              transition training for incarcerated youth offenders.

                         Subtitle C--Mentoring

Sec. 221. Mentoring grants to nonprofit organizations.
Sec. 222. Bureau of Prisons policy on mentoring contacts.

             Subtitle D--Administration of Justice Reforms

             Chapter 1--Improving Federal Offender Reentry

Sec. 231. Federal prisoner reentry program.
Sec. 232. Identification and release assistance for Federal prisoners.
Sec. 233. Improved reentry procedures for Federal prisoners.
Sec. 234. Duties of the Bureau of Prisons.
Sec. 235. Authorization of appropriations for Bureau of Prisons.
Sec. 236. Encouragement of employment of former prisoners.
Sec. 237. Elderly nonviolent offender pilot program.

                      Chapter 2--Reentry Research

Sec. 241. Offender reentry research.
Sec. 242. Grants to study parole or post-incarceration supervision 
              violations and revocations.
Sec. 243. Addressing the needs of children of incarcerated parents.

            Chapter 3--Correctional Reforms to Existing Law

Sec. 251. Clarification of authority to place prisoner in community 
              corrections.
Sec. 252. Residential drug abuse program in Federal prisons.
Sec. 253. Medical care for prisoners.
Sec. 254. Contracting for services for post-conviction supervision 
              offenders.

     SEC. 3. FINDINGS.

       Congress finds the following:
       (1) In 2002, over 7,000,000 people were incarcerated in 
     Federal or State prisons or in local jails. Nearly 650,000 
     people are released from Federal and State incarceration into 
     communities nationwide each year.
       (2) There are over 3,200 jails throughout the United 
     States, the vast majority of which are operated by county 
     governments. Each year, these jails will release more than 
     10,000,000 people back into the community.
       (3) Recent studies indicate that over \2/3\ of released 
     State prisoners are expected to be rearrested for a felony or 
     serious misdemeanor within 3 years after release.
       (4) According to the Bureau of Justice Statistics, 
     expenditures on corrections alone increased from 
     $9,000,000,000 in 1982, to $59,600,000,000 in 2002. These 
     figures do not include the cost of arrest and prosecution, 
     nor do they take into account the cost to victims.
       (5) The Serious and Violent Offender Reentry Initiative 
     provided $139,000,000 in funding for State governments to 
     develop and implement education, job training, mental health 
     treatment, and substance abuse treatment for serious and 
     violent offenders. This Act seeks to build upon the 
     innovative and successful State reentry programs developed 
     under the Serious and Violent Offender Reentry Initiative, 
     which terminated after fiscal year 2005.
       (6) Between 1991 and 1999, the number of children with a 
     parent in a Federal or State correctional facility increased 
     by more than 100 percent, from approximately 900,000 to 
     approximately 2,000,000. According to the Bureau of Prisons, 
     there is evidence to suggest that inmates who are connected 
     to their children and families are more likely to avoid 
     negative incidents and have reduced sentences.
       (7) Released prisoners cite family support as the most 
     important factor in helping them stay out of prison. Research 
     suggests that families are an often underutilized resource in 
     the reentry process.
       (8) Approximately 100,000 juveniles (ages 17 years and 
     under) leave juvenile correctional facilities, State prison, 
     or Federal prison each year. Juveniles released from secure 
     confinement still have their likely prime crime years ahead 
     of them. Juveniles released from secure confinement have a 
     recidivism rate ranging from 55 to 75 percent. The chances 
     that young people will successfully transition into society 
     improve with effective reentry and aftercare programs.
       (9) Studies have shown that between 15 percent and 27 
     percent of prisoners expect to go to homeless shelters upon 
     release from prison.
       (10) Fifty-seven percent of Federal and 70 percent of State 
     inmates used drugs regularly before going to prison, and the 
     Bureau of Justice Statistics report titled ``Trends in State 
     Parole, 1990-2000'' estimates the use of drugs or alcohol 
     around the time of the offense that resulted in the 
     incarceration of the inmate at as high as 84 percent.
       (11) Family-based treatment programs have proven results 
     for serving the special populations of female offenders and 
     substance abusers with children. An evaluation by the 
     Substance Abuse and Mental Health Services Administration of 
     family-based treatment for substance-abusing mothers and 
     children found that 6 months after such treatment, 60 percent 
     of the mothers remained alcohol and drug free, and drug-
     related offenses declined from 28 percent to 7 percent. 
     Additionally, a 2003 evaluation of residential family-based 
     treatment programs revealed that 60 percent of mothers 
     remained clean and sober 6 months after treatment, criminal 
     arrests declined by 43 percent, and 88 percent of the 
     children treated in the program with their mothers remained 
     stabilized.
       (12) A Bureau of Justice Statistics analysis indicated that 
     only 33 percent of Federal inmates and 36 percent of State 
     inmates had participated in residential in-patient treatment 
     programs for alcohol and drug abuse 12 months before their 
     release. Further, over \1/3\ of all jail inmates have some 
     physical or mental disability and 25 percent of jail inmates 
     have been treated at some time for a mental or emotional 
     problem.
       (13) State Substance Abuse Agency Directors, also known as 
     Single State Authorities (in this paragraph referred to as 
     ``SSAs''), manage the publicly funded substance abuse 
     prevention and treatment system of the Nation. SSAs are 
     responsible for planning and implementing State-wide systems 
     of care that provide clinically appropriate substance abuse 
     services. Given the high rate of substance use disorders 
     among offenders reentering our communities, successful 
     reentry programs require close interaction and collaboration 
     with each SSA as the program is planned, implemented and 
     evaluated.
       (14) According to the National Institute of Literacy, 70 
     percent of all prisoners function at the lowest literacy 
     levels.
       (15) Less than 32 percent of State prison inmates have a 
     high school diploma or a higher level of education, compared 
     to 82 percent of the general population.
       (16) Approximately 38 percent of inmates who completed 11 
     years or less of school were not working before entry into 
     prison.
       (17) The percentage of State prisoners participating in 
     educational programs decreased by more than 8 percent between 
     1991 and 1997, despite growing evidence of how educational 
     programming while incarcerated reduces recidivism.
       (18) The National Institute of Justice has found that 1 
     year after release, up to 60 percent of former inmates are 
     not employed.
       (19) Transitional jobs programs have proven to help people 
     with criminal records to successfully return to the workplace 
     and to the community, and therefore can reduce recidivism.

     SEC. 4. SUBMISSION OF REPORTS TO CONGRESS.

       Not later than January 31 of each year, the Attorney 
     General shall submit each report received under this Act or 
     an amendment made by this Act during the preceding year to 
     the Committee on the Judiciary of the Senate and the 
     Committee on the Judiciary of the House of Representatives.

   TITLE I--AMENDMENTS RELATED TO THE OMNIBUS CRIME CONTROL AND SAFE 
                          STREETS ACT OF 1968

             Subtitle A--Improvements to Existing Programs

     SEC. 101. REAUTHORIZATION OF ADULT AND JUVENILE OFFENDER 
                   STATE AND LOCAL REENTRY DEMONSTRATION PROJECTS.

       (a) Adult and Juvenile Offender Demonstration Projects 
     Authorized.--Section 2976(b) of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3797w(b)) is amended by 
     striking paragraphs (1) through (4) and inserting the 
     following:
       ``(1) establishing or improving the system or systems under 
     which--
       ``(A) correctional agencies and other criminal and juvenile 
     justice agencies of the grant recipient develop and carry out 
     plans to facilitate the reentry into the community of each 
     offender in the custody of the jurisdiction involved;
       ``(B) the supervision and services provided to offenders in 
     the custody of the jurisdiction involved are coordinated with 
     the supervision and services provided to offenders after 
     reentry into the community, including coordination with 
     Comprehensive and Continuous Offender Reentry Task Forces 
     under section 2902 or with similar planning groups;
       ``(C) the efforts of various public and private entities to 
     provide supervision and services to offenders after reentry 
     into the community, and to family members of such offenders, 
     are coordinated; and
       ``(D) offenders awaiting reentry into the community are 
     provided with documents (such as identification papers, 
     referrals to services, medical prescriptions, job training

[[Page 8370]]

     certificates, apprenticeship papers, and information on 
     obtaining public assistance) useful in achieving a successful 
     transition from prison, jail, or a juvenile facility;
       ``(2) carrying out programs and initiatives by units of 
     local government to strengthen reentry services for 
     individuals released from local jails, including coordination 
     with Comprehensive and Continuous Offender Reentry Task 
     Forces under section 2902 or with similar planning groups;
       ``(3) assessing the literacy, educational, and vocational 
     needs of offenders in custody and identifying and providing 
     services appropriate to meet those needs, including follow-up 
     assessments and long-term services;
       ``(4) facilitating collaboration among the corrections 
     (including community corrections), technical school, 
     community college, business, nonprofit, workforce 
     development, and employment service sectors--
       ``(A) to promote, where appropriate, the employment of 
     people released from prison, jail, or a juvenile facility 
     through efforts such as educating employers about existing 
     financial incentives;
       ``(B) to facilitate the creation of job opportunities, 
     including transitional jobs and time-limited subsidized work 
     experience (where appropriate);
       ``(C) to connect offenders to employment (including 
     supportive employment and employment services before their 
     release to the community), provide work supports (including 
     transportation and retention services), as appropriate, and 
     identify labor market needs to ensure that education and 
     training are appropriate; and
       ``(D) to address obstacles to employment that are not 
     directly connected to the offense committed and the risk that 
     the offender presents to the community and provide case 
     management services as necessary to prepare offenders for 
     jobs that offer the potential for advancement and growth;
       ``(5) providing offenders with education, job training, 
     responsible parenting and healthy relationship skills 
     training (designed specifically to address the needs of 
     fathers and mothers in or transitioning from prison, jail, or 
     a juvenile facility), English literacy education, work 
     experience programs, self-respect and life skills training, 
     and other skills useful in achieving a successful transition 
     from prison, jail, or a juvenile facility;
       ``(6) providing structured post-release housing and 
     transitional housing (including group homes for recovering 
     substance abusers (with appropriate safeguards that may 
     include single-gender housing)) through which offenders are 
     provided supervision and services immediately following 
     reentry into the community;
       ``(7) assisting offenders in securing permanent housing 
     upon release or following a stay in transitional housing;
       ``(8) providing substance abuse treatment and services 
     (including providing a full continuum of substance abuse 
     treatment services that encompasses outpatient services, 
     comprehensive residential services and recovery, and recovery 
     home services) to offenders reentering the community from 
     prison, jail, or a juvenile facility;
       ``(9) expanding family-based drug treatment centers that 
     offer family-based comprehensive treatment services for 
     parents and their children as a complete family unit, as 
     appropriate to the safety, security, and well-being of the 
     family;
       ``(10) encouraging collaboration among juvenile and adult 
     corrections, community corrections, and community health 
     centers to allow access to affordable and quality primary 
     health care for offenders during the period of transition 
     from prison, jail, or a juvenile facility to the community;
       ``(11) providing or facilitating health care services to 
     offenders (including substance abuse screening, treatment, 
     and aftercare, infectious disease screening and treatment, 
     and screening, assessment, and aftercare for mental health 
     services) to protect the communities in which offenders will 
     live;
       ``(12) enabling prison, jail, or juvenile facility mentors 
     of offenders to remain in contact with those offenders 
     (including through the use of all available technology) while 
     in prison, jail, or a juvenile facility and after reentry 
     into the community, and encouraging the involvement of 
     prison, jail, or a juvenile facility mentors in the reentry 
     process;
       ``(13) systems under which family members of offenders are 
     involved in facilitating the successful reentry of those 
     offenders into the community (as appropriate to the safety, 
     security, and well-being of the family), including removing 
     obstacles to the maintenance of family relationships while 
     the offender is in custody, strengthening the family's 
     capacity to function as a stable living situation during 
     reentry, and involving family members in the planning and 
     implementation of the reentry process;
       ``(14) creating, developing, or enhancing offender and 
     family assessments, curricula, policies, procedures, or 
     programs (including mentoring programs)--
       ``(A) to help offenders with a history or identified risk 
     of domestic violence, dating violence, sexual assault, or 
     stalking reconnect with their families and communities (as 
     appropriate to the safety, security, and well-being of the 
     family), and become non-abusive parents or partners; and
       ``(B) under which particular attention is paid to the 
     safety of children affected and the confidentiality concerns 
     of victims, and efforts are coordinated with victim service 
     providers;
       ``(15) maintaining the parent-child relationship, as 
     appropriate to the safety, security, and well-being of the 
     child as determined by the relevant corrections and child 
     protective services agencies, including--
       ``(A) implementing programs in correctional agencies to 
     include the collection of information regarding any dependent 
     children of an offender as part of intake procedures, 
     including the number, age, and location or jurisdiction of 
     such children;
       ``(B) connecting those identified children with services as 
     appropriate and needed;
       ``(C) carrying out programs (including mentoring) that 
     support children of incarcerated parents, including those in 
     foster care and those cared for by grandparents or other 
     relatives (which is commonly referred to as kinship care);
       ``(D) developing programs and activities (including 
     mentoring) that support parent-child relationships, as 
     appropriate to the safety, security, and well-being of the 
     family, including technology to promote the parent-child 
     relationship and to facilitate participation in parent-
     teacher conferences, books on tape programs, family days, and 
     visitation areas for children while visiting an incarcerated 
     parent;
       ``(E) helping incarcerated parents to learn responsible 
     parenting and healthy relationship skills;
       ``(F) addressing visitation obstacles to children of an 
     incarcerated parent, such as the location of facilities in 
     remote areas, telephone costs, mail restrictions, and 
     visitation policies; and
       ``(G) identifying and addressing obstacles to collaborating 
     with child welfare agencies in the provision of services 
     jointly to offenders in custody and to the children of such 
     offenders;
       ``(16) carrying out programs for the entire family unit, 
     including the coordination of service delivery across 
     agencies;
       ``(17) facilitating and encouraging timely and complete 
     payment of restitution and fines by offenders to victims and 
     the community;
       ``(18) providing services as necessary to victims upon 
     release of offenders, including security services and 
     counseling, and facilitating the inclusion of victims, on a 
     voluntary basis, in the reentry process;
       ``(19) establishing or expanding the use of reentry courts 
     and other programs to--
       ``(A) monitor offenders returning to the community;
       ``(B) provide returning offenders with--
       ``(i) drug and alcohol testing and treatment; and
       ``(ii) mental and medical health assessment and services;
       ``(C) facilitate restorative justice practices and convene 
     family or community impact panels, family impact educational 
     classes, victim impact panels, or victim impact educational 
     classes;
       ``(D) provide and coordinate the delivery of other 
     community services to offenders, including--
       ``(i) employment training;
       ``(ii) education;
       ``(iii) housing assistance;
       ``(iv) children and family support, including responsible 
     parenting and healthy relationship skill training designed 
     specifically to address the needs of incarcerated and 
     transitioning fathers and mothers;
       ``(v) conflict resolution skills training;
       ``(vi) family violence intervention programs; and
       ``(vii) other appropriate services; and
       ``(E) establish and implement graduated sanctions and 
     incentives;
       ``(20) developing a case management reentry program that--
       ``(A) provides services to eligible veterans, as defined by 
     the Attorney General; and
       ``(B) provides for a reentry service network solely for 
     such eligible veterans that coordinates community services 
     and veterans services for offenders who qualify for such 
     veterans services; and
       ``(21) protecting communities against dangerous offenders, 
     including--
       ``(A) conducting studies in collaboration with Federal 
     research initiatives in effect on the date of enactment of 
     the Second Chance Act of 2007, to determine which offenders 
     are returning to prisons, jails, and juvenile facilities and 
     which of those returning offenders represent the greatest 
     risk to community safety;
       ``(B) developing and implementing procedures to assist 
     relevant authorities in determining when release is 
     appropriate and in the use of data to inform the release 
     decision;
       ``(C) using validated assessment tools to assess the risk 
     factors of returning inmates, and developing or adopting 
     procedures to ensure that dangerous felons are not released 
     from prison prematurely; and
       ``(D) developing and implementing procedures to identify 
     efficiently and effectively those violators of probation, 
     parole, or post-incarceration supervision who represent the 
     greatest risk to community safety.''.
       (b) Juvenile Offender Demonstration Projects 
     Reauthorized.--Section 2976(c) of the Omnibus Crime Control 
     and Safe Streets Act of 1968 (42 U.S.C. 3797w(c)) is amended 
     by

[[Page 8371]]

     striking ``may be expended for'' and all that follows through 
     the period at the end and inserting ``may be expended for any 
     activity described in subsection (b).''.
       (c) Applications; Requirements; Priorities; Performance 
     Measurements.--Section 2976 of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3797w) is amended--
       (1) by redesignating subsection (h) as subsection (o); and
       (2) by striking subsections (d) through (g) and inserting 
     the following:
       ``(d) Applications.--A State, unit of local government, 
     territory, or Indian tribe, or combination thereof, desiring 
     a grant under this section shall submit an application to the 
     Attorney General that--
       ``(1) contains a reentry strategic plan, as described in 
     subsection (h), which describes the long-term strategy and 
     incorporates a detailed implementation schedule, including 
     the plans of the applicant to pay for the program after the 
     Federal funding is discontinued;
       ``(2) identifies the local government role and the role of 
     governmental agencies and nonprofit organizations that will 
     be coordinated by, and that will collaborate on, the offender 
     reentry strategy of the applicant, and certifies the 
     involvement of such agencies and organizations; and
       ``(3) describes the evidence-based methodology and outcome 
     measures that will be used to evaluate the program funded 
     with a grant under this section, and specifically explains 
     how such measurements will provide valid measures of the 
     impact of that program.
       ``(e) Requirements.--The Attorney General may make a grant 
     to an applicant under this section only if the application--
       ``(1) reflects explicit support of the chief executive 
     officer of the State, unit of local government, territory, or 
     Indian tribe applying for a grant under this section;
       ``(2) provides extensive discussion of the role of State 
     corrections departments, community corrections agencies, 
     juvenile justice systems, or local jail systems in ensuring 
     successful reentry of offenders into their communities;
       ``(3) provides extensive evidence of collaboration with 
     State and local government agencies overseeing health, 
     housing, child welfare, education, substance abuse, victims 
     services, and employment services, and with local law 
     enforcement agencies;
       ``(4) provides a plan for analysis of the statutory, 
     regulatory, rules-based, and practice-based hurdles to 
     reintegration of offenders into the community; and
       ``(5) includes the use of a State, local, territorial, or 
     tribal task force, described in subsection (i), to carry out 
     the activities funded under the grant.
       ``(f) Priority Considerations.--The Attorney General shall 
     give priority to grant applications under this section that 
     best--
       ``(1) focus initiative on geographic areas with a 
     disproportionate population of offenders released from 
     prisons, jails, and juvenile facilities;
       ``(2) include--
       ``(A) input from nonprofit organizations, in any case where 
     relevant input is available and appropriate to the grant 
     application;
       ``(B) consultation with crime victims and offenders who are 
     released from prisons, jails, and juvenile facilities; and
       ``(C) coordination with families of offenders;
       ``(3) demonstrate effective case assessment and management 
     abilities in order to provide comprehensive and continuous 
     reentry, including--
       ``(A) planning while offenders are in prison, jail, or a 
     juvenile facility, pre-release transition housing, and 
     community release;
       ``(B) establishing pre-release planning procedures to 
     ensure that the eligibility of an offender for Federal or 
     State benefits upon release is established prior to release, 
     subject to any limitations in law, and to ensure that 
     offenders obtain all necessary referrals for reentry 
     services; and
       ``(C) delivery of continuous and appropriate drug 
     treatment, medical care, job training and placement, 
     educational services, or any other service or support needed 
     for reentry;
       ``(4) review the process by which the applicant adjudicates 
     violations of parole, probation, or supervision following 
     release from prison, jail, or a juvenile facility, taking 
     into account public safety and the use of graduated, 
     community-based sanctions for minor and technical violations 
     of parole, probation, or supervision (specifically those 
     violations that are not otherwise, and independently, a 
     violation of law);
       ``(5) provide for an independent evaluation of reentry 
     programs that include, to the maximum extent possible, random 
     assignment and controlled studies to determine the 
     effectiveness of such programs; and
       ``(6) target high-risk offenders for reentry programs 
     through validated assessment tools.
       ``(g) Uses of Grant Funds.--
       ``(1) Federal share.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the Federal share of a grant received under this section may 
     not exceed 75 percent of the project funded under such grant 
     in fiscal year 2008.
       ``(B) Waiver.--Subparagraph (A) shall not apply if the 
     Attorney General--
       ``(i) waives, in whole or in part, the requirement of this 
     paragraph; and
       ``(ii) publishes in the Federal Register the rationale for 
     the waiver.
       ``(2) Supplement not supplant.--Federal funds received 
     under this section shall be used to supplement, not supplant, 
     non-Federal funds that would otherwise be available for the 
     activities funded under this section.
       ``(h) Reentry Strategic Plan.--
       ``(1) In general.--As a condition of receiving financial 
     assistance under this section, each applicant shall develop a 
     comprehensive strategic reentry plan that contains measurable 
     annual and 5-year performance outcomes, and that uses, to the 
     maximum extent possible, random assigned and controlled 
     studies to determine the effectiveness of the program funded 
     with a grant under this section. One goal of that plan shall 
     be to reduce the rate of recidivism (as defined by the 
     Attorney General, consistent with the research on offender 
     reentry undertaken by the Bureau of Justice Statistics) for 
     offenders released from prison, jail, or a juvenile facility 
     who are served with funds made available under this section 
     by 50 percent over a period of 5 years.
       ``(2) Coordination.--In developing a reentry plan under 
     this subsection, an applicant shall coordinate with 
     communities and stakeholders, including persons in the fields 
     of public safety, juvenile and adult corrections, housing, 
     health, education, substance abuse, children and families, 
     victims services, employment, and business and members of 
     nonprofit organizations that can provide reentry services.
       ``(3) Measurements of progress.--Each reentry plan 
     developed under this subsection shall measure the progress of 
     the applicant toward increasing public safety by reducing 
     rates of recidivism and enabling released offenders to 
     transition successfully back into their communities.
       ``(i) Reentry Task Force.--
       ``(1) In general.--As a condition of receiving financial 
     assistance under this section, each applicant shall establish 
     or empower a Reentry Task Force, or other relevant convening 
     authority, to--
       ``(A) examine ways to pool resources and funding streams to 
     promote lower recidivism rates for returning offenders and 
     minimize the harmful effects of offenders' time in prison, 
     jail, or a juvenile facility on families and communities of 
     offenders by collecting data and best practices in offender 
     reentry from demonstration grantees and other agencies and 
     organizations; and
       ``(B) provide the analysis described in subsection (e)(4).
       ``(2) Membership.--The task force or other authority under 
     this subsection shall be comprised of--
       ``(A) relevant State, tribal, territorial, or local 
     leaders; and
       ``(B) representatives of relevant--
       ``(i) agencies;
       ``(ii) service providers;
       ``(iii) nonprofit organizations; and
       ``(iv) stakeholders.
       ``(j) Strategic Performance Outcomes.--
       ``(1) In general.--Each applicant shall identify in the 
     reentry strategic plan developed under subsection (h), 
     specific performance outcomes relating to the long-term goals 
     of increasing public safety and reducing recidivism.
       ``(2) Performance outcomes.--The performance outcomes 
     identified under paragraph (1) shall include, with respect to 
     offenders released back into the community--
       ``(A) reduction in recidivism rates, which shall be 
     reported in accordance with the measure selected by the 
     Director of the Bureau of Justice Statistics under section 
     234(c)(2) of the Second Chance Act of 2007;
       ``(B) reduction in crime;
       ``(C) increased employment and education opportunities;
       ``(D) reduction in violations of conditions of supervised 
     release;
       ``(E) increased payment of child support;
       ``(F) increased housing opportunities;
       ``(G) reduction in drug and alcohol abuse; and
       ``(H) increased participation in substance abuse and mental 
     health services.
       ``(3) Other outcomes.--A grantee under this section may 
     include in the reentry strategic plan developed under 
     subsection (h) other performance outcomes that increase the 
     success rates of offenders who transition from prison, jails, 
     or juvenile facilities.
       ``(4) Coordination.--A grantee under this section shall 
     coordinate with communities and stakeholders about the 
     selection of performance outcomes identified by the 
     applicant, and shall consult with the Attorney General for 
     assistance with data collection and measurement activities as 
     provided for in the grant application materials.
       ``(5) Report.--Each grantee under this section shall submit 
     an annual report to the Attorney General that--
       ``(A) identifies the progress of the grantee toward 
     achieving its strategic performance outcomes; and
       ``(B) describes other activities conducted by the grantee 
     to increase the success rates of the reentry population, such 
     as programs that foster effective risk management and

[[Page 8372]]

     treatment programming, offender accountability, and community 
     and victim participation.
       ``(k) Performance Measurement.--
       ``(1) In general.--The Attorney General, in consultation 
     with grantees under this section, shall--
       ``(A) identify primary and secondary sources of information 
     to support the measurement of the performance indicators 
     identified under this section;
       ``(B) identify sources and methods of data collection in 
     support of performance measurement required under this 
     section;
       ``(C) provide to all grantees technical assistance and 
     training on performance measures and data collection for 
     purposes of this section; and
       ``(D) consult with the Substance Abuse and Mental Health 
     Services Administration and the National Institute on Drug 
     Abuse on strategic performance outcome measures and data 
     collection for purposes of this section relating to substance 
     abuse and mental health.
       ``(2) Coordination.--The Attorney General shall coordinate 
     with other Federal agencies to identify national and other 
     sources of information to support performance measurement of 
     grantees.
       ``(3) Standards for analysis.--Any statistical analysis of 
     population data conducted pursuant to this section shall be 
     conducted in accordance with the Federal Register Notice 
     dated October 30, 1997, relating to classification standards.
       ``(l) Future Eligibility.--To be eligible to receive a 
     grant under this section in any fiscal year after the fiscal 
     year in which a grantee receives a grant under this section, 
     a grantee shall submit to the Attorney General such 
     information as is necessary to demonstrate that--
       ``(1) the grantee has adopted a reentry plan that reflects 
     input from nonprofit organizations, in any case where 
     relevant input is available and appropriate to the grant 
     application;
       ``(2) the reentry plan of the grantee includes performance 
     measures to assess progress of the grantee toward a 10 
     percent reduction in the rate of recidivism over a 2-year 
     period.
       ``(3) the grantee will coordinate with the Attorney 
     General, nonprofit organizations (if relevant input from 
     nonprofit organizations is available and appropriate), and 
     other experts regarding the selection and implementation of 
     the performance measures described in subsection (k).
       ``(m) National Adult and Juvenile Offender Reentry Resource 
     Center.--
       ``(1) Authority.--The Attorney General may, using amounts 
     made available to carry out this subsection, make a grant to 
     an eligible organization to provide for the establishment of 
     a National Adult and Juvenile Offender Reentry Resource 
     Center.
       ``(2) Eligible organization.--An organization eligible for 
     the grant under paragraph (1) is any national nonprofit 
     organization approved by the Interagency Task Force on 
     Federal Programs and Activities Relating to the Reentry of 
     Offenders Into the Community, that provides technical 
     assistance and training to, and has special expertise and 
     broad, national-level experience in, offender reentry 
     programs, training, and research.
       ``(3) Use of funds.--The organization receiving a grant 
     under paragraph (1) shall establish a National Adult and 
     Juvenile Offender Reentry Resource Center to--
       ``(A) provide education, training, and technical assistance 
     for States, tribes, territories, local governments, service 
     providers, nonprofit organizations, and corrections 
     institutions;
       ``(B) collect data and best practices in offender reentry 
     from demonstration grantees and others agencies and 
     organizations;
       ``(C) develop and disseminate evaluation tools, mechanisms, 
     and measures to better assess and document coalition 
     performance measures and outcomes;
       ``(D) disseminate information to States and other relevant 
     entities about best practices, policy standards, and research 
     findings;
       ``(E) develop and implement procedures to assist relevant 
     authorities in determining when release is appropriate and in 
     the use of data to inform the release decision;
       ``(F) develop and implement procedures to identify 
     efficiently and effectively those violators of probation, 
     parole, or supervision following release from prison, jail, 
     or a juvenile facility who should be returned to prisons, 
     jails, or juvenile facilities and those who should receive 
     other penalties based on defined, graduated sanctions;
       ``(G) collaborate with the Interagency Task Force on 
     Federal Programs and Activities Relating to the Reentry of 
     Offenders Into the Community, and the Federal Resource Center 
     for Children of Prisoners;
       ``(H) develop a national reentry research agenda; and
       ``(I) establish a database to enhance the availability of 
     information that will assist offenders in areas including 
     housing, employment, counseling, mentoring, medical and 
     mental health services, substance abuse treatment, 
     transportation, and daily living skills.
       ``(4) Limit.--Of amounts made available to carry out this 
     section, not more than 4 percent shall be available to carry 
     out this subsection.
       ``(n) Administration.--Of amounts made available to carry 
     out this section--
       ``(1) not more than 2 percent shall be available for 
     administrative expenses in carrying out this section; and
       ``(2) not more than 2 percent shall be made available to 
     the National Institute of Justice to evaluate the 
     effectiveness of the demonstration projects funded under this 
     section, using a methodology that--
       ``(A) includes, to the maximum extent feasible, random 
     assignment of offenders (or entities working with such 
     persons) to program delivery and control groups; and
       ``(B) generates evidence on which reentry approaches and 
     strategies are most effective.''.
       (d) Grant Authorization.--Section 2976(a) of the Omnibus 
     Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3797w(a)) is amended by striking ``States, Territories'' and 
     all that follows through the period at the end and inserting 
     the following: ``States, local governments, territories, or 
     Indian tribes, or any combination thereof, in partnership 
     with stakeholders, service providers, and nonprofit 
     organizations.''.
       (e) Authorization of Appropriations.--Section 2976(o) of 
     the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3797w), as so redesignated by subsection (c) of this 
     section, is amended--
       (1) in paragraph (1), by striking ``$15,000,000 for fiscal 
     year 2003'' and all that follows and inserting ``$50,000,000 
     for each of fiscal years 2008 and 2009.''; and
       (2) by amending paragraph (2) to read as follows:
       ``(2) Limitation.--Of the amount made available to carry 
     out this section in any fiscal year, not more than 3 percent 
     or less than 2 percent may be used for technical assistance 
     and training.''.

     SEC. 102. IMPROVEMENT OF THE RESIDENTIAL SUBSTANCE ABUSE 
                   TREATMENT FOR STATE OFFENDERS PROGRAM.

       (a) Requirement for Aftercare Component.--Section 1902(c) 
     of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3796ff-1(c)), is amended--
       (1) by striking the subsection heading and inserting 
     ``Requirement for Aftercare Component.--''; and
       (2) by amending paragraph (1) to read as follows:
       ``(1) To be eligible for funding under this part, a State 
     shall ensure that individuals who participate in the 
     substance abuse treatment program established or implemented 
     with assistance provided under this part will be provided 
     with aftercare services, which may include case management 
     services and a full continuum of support services that ensure 
     providers furnishing services under that program are approved 
     by the appropriate State or local agency, and licensed, if 
     necessary, to provide medical treatment or other health 
     services.''.
       (b) Definition.--Section 1904(d) of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (42 U.S.C. 3796ff-3(d)) 
     is amended to read as follows:
       ``(d) Residential Substance Abuse Treatment Program 
     Defined.--In this part, the term `residential substance abuse 
     treatment program' means a course of comprehensive individual 
     and group substance abuse treatment services, lasting a 
     period of at least 6 months, in residential treatment 
     facilities set apart from the general population of a prison 
     or jail (which may include the use of pharmacological 
     treatment, where appropriate, that may extend beyond such 
     period).''.
       (c) Requirement for Study and Report on Aftercare 
     Services.--The Attorney General, through the National 
     Institute of Justice, and in consultation with the National 
     Institute on Drug Abuse, shall conduct a study on the use and 
     effectiveness of funds used by the Department of Justice for 
     aftercare services under section 1902(c) of the Omnibus Crime 
     Control and Safe Streets Act of 1968, as amended by 
     subsection (a) of this section, for offenders who reenter the 
     community after completing a substance abuse program in 
     prison or jail.

  Subtitle B--New and Innovative Programs to Improve Offender Reentry 
                                Services

     SEC. 111. STATE AND LOCAL REENTRY COURTS.

       (a) In General.--Part FF of title I of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (42 U.S.C. 3797w et 
     seq.) is amended by adding at the end the following:

     ``SEC. 2978. STATE AND LOCAL REENTRY COURTS.

       ``(a) Grants Authorized.--The Attorney General shall award 
     grants, in accordance with this section, of not more than 
     $500,000 to--
       ``(1) State and local courts; and
       ``(2) State agencies, municipalities, public agencies, 
     nonprofit organizations, territories, and Indian tribes that 
     have agreements with courts to take the lead in establishing 
     a reentry court (as described in section 2976(b)(19)).
       ``(b) Use of Grant Funds.--Grant funds awarded under this 
     section shall be administered in accordance with such 
     guidelines, regulations, and procedures as promulgated by the 
     Attorney General, and may be used to--
       ``(1) monitor juvenile and adult offenders returning to the 
     community;

[[Page 8373]]

       ``(2) provide juvenile and adult offenders returning to the 
     community with coordinated and comprehensive reentry services 
     and programs such as--
       ``(A) drug and alcohol testing and assessment for 
     treatment;
       ``(B) assessment for substance abuse from a substance abuse 
     professional who is approved by the State and licensed by the 
     appropriate entity to provide alcohol and drug addiction 
     treatment, as appropriate;
       ``(C) substance abuse treatment from a provider that is 
     approved by the State, and licensed, if necessary, to provide 
     medical and other health services;
       ``(D) health (including mental health) services and 
     assessment;
       ``(E) aftercare and case management services that--
       ``(i) facilitate access to clinical care and related health 
     services; and
       ``(ii) coordinate with such clinical care and related 
     health services; and
       ``(F) any other services needed for reentry;
       ``(3) convene community impact panels, victim impact 
     panels, or victim impact educational classes;
       ``(4) provide and coordinate the delivery of community 
     services to juvenile and adult offenders, including--
       ``(A) housing assistance;
       ``(B) education;
       ``(C) employment training;
       ``(D) conflict resolution skills training;
       ``(E) batterer intervention programs; and
       ``(F) other appropriate social services; and
       ``(5) establish and implement graduated sanctions and 
     incentives.
       ``(c) Rule of Construction.--Nothing in this section shall 
     be construed as preventing a grantee that operates a drug 
     court under part EE at the time a grant is awarded under this 
     section from using funds from such grant to supplement the 
     drug court under part EE in accordance with paragraphs (1) 
     through (5) of subsection (b).
       ``(d) Application.--To be eligible for a grant under this 
     section, an entity described in subsection (a) shall, in 
     addition to any other requirements required by the Attorney 
     General, submit to the Attorney General an application that--
       ``(1) describes the program to be assisted under this 
     section and the need for such program;
       ``(2) describes a long-term strategy and detailed 
     implementation plan for such program, including how the 
     entity plans to pay for the program after the Federal funding 
     is discontinued;
       ``(3) identifies the governmental and community agencies 
     that will be coordinated by the project;
       ``(4) certifies that--
       ``(A) all agencies affected by the program, including 
     community corrections and parole entities, have been 
     appropriately consulted in the development of the program;
       ``(B) there will be appropriate coordination with all such 
     agencies in the implementation of the program; and
       ``(C) there will be appropriate coordination and 
     consultation with the Single State Authority for Substance 
     Abuse (as that term is defined in section 201(e) of the 
     Second Chance Act of 2007) of the State; and
       ``(5) describes the methodology and outcome measures that 
     will be used to evaluate the program.
       ``(e) Matching Requirements.--The Federal share of a grant 
     under this section may not exceed 75 percent of the costs of 
     the project assisted by such grant unless the Attorney 
     General--
       ``(1) waives, wholly or in part, the matching requirement 
     under this subsection; and
       ``(2) publicly delineates the rationale for the waiver.
       ``(f) Annual Report.--Each entity receiving a grant under 
     this section shall submit to the Attorney General, for each 
     fiscal year in which funds from the grant are expended, a 
     report, at such time and in such manner as the Attorney 
     General may reasonably require, that contains--
       ``(1) a summary of the activities carried out under the 
     program assisted by the grant;
       ``(2) an assessment of whether the activities are meeting 
     the need for the program identified in the application 
     submitted under subsection (d); and
       ``(3) such other information as the Attorney General may 
     require.
       ``(g) Authorization of Appropriations.--
       ``(1) In general.--There are authorized to be appropriated 
     $10,000,000 for each of fiscal years 2008 and 2009 to carry 
     out this section.
       ``(2) Limitations.--Of the amount made available to carry 
     out this section in any fiscal year--
       ``(A) not more than 2 percent may be used by the Attorney 
     General for salaries and administrative expenses; and
       ``(B) not more than 5 percent nor less than 2 percent may 
     be used for technical assistance and training.''.

     SEC. 112. GRANTS FOR COMPREHENSIVE AND CONTINUOUS OFFENDER 
                   REENTRY TASK FORCES.

       Title I of the Omnibus Crime Control and Safe Streets Act 
     of 1968 (42 U.S.C. 3711 et seq.) is amended by inserting 
     after part BB the following:

  ``PART CC--GRANTS FOR COMPREHENSIVE AND CONTINUOUS OFFENDER REENTRY 
                              TASK FORCES

     ``SEC. 2901. AUTHORIZATION.

       ``The Attorney General shall carry out a grant program 
     under which the Attorney General makes grants to States, 
     units of local government, territories, Indian tribes, and 
     other public and private entities for the purpose of 
     establishing and administering task forces (to be known as 
     `Comprehensive and Continuous Offender Reentry Task Forces'), 
     in accordance with this part.

     ``SEC. 2902. COMPREHENSIVE AND CONTINUOUS OFFENDER REENTRY 
                   TASK FORCES.

       ``(a) In General.--For purposes of this part, a 
     Comprehensive and Continuous Offender Reentry Task Force is a 
     planning group of a State, unit of local government, 
     territory, or Indian tribe that--
       ``(1) develops a community reentry plan, described in 
     section 2903, for each juvenile and adult offender to be 
     released from a correctional facility in the applicable 
     jurisdiction;
       ``(2) supervises and assesses the progress of each such 
     offender, with respect to such plan, starting on a date 
     before the offender is released from a correctional facility 
     and ending on the date on which the court supervision of such 
     offender ends;
       ``(3) conducts a detailed assessment of the needs of each 
     offender to address employment training, medical care, drug 
     treatment, education, and any other identified need of the 
     offender to assist in the offender's reentry;
       ``(4) demonstrates affirmative steps to implement such a 
     community reentry plan by consulting and coordinating with 
     other public and nonprofit entities, as appropriate;
       ``(5) establishes appropriate measurements for determining 
     the efficacy of such community reentry plans by monitoring 
     offender performance under such reentry plans;
       ``(6) complies with applicable State, local, territorial, 
     and tribal rules and regulations regarding the provision of 
     applicable services and treatment in the applicable 
     jurisdiction; and
       ``(7) consults and coordinates with the Single State 
     Authority for Substance Abuse (as that term is defined in 
     section 201(e) of the Second Chance Act of 2007) and the 
     criminal justice agencies of the State to ensure that 
     offender reentry plans are coordinated and delivered in the 
     most cost-effective manner, as determined by the Attorney 
     General, in consultation with the grantee.
       ``(b) Consultation Required.--A Comprehensive and 
     Continuous Offender Reentry Task Force for a county or other 
     defined geographic area shall perform the duties described in 
     paragraphs (1) and (2) of subsection (a) in consultation with 
     representatives of--
       ``(1) the criminal and juvenile justice and correctional 
     facilities within that county or area;
       ``(2) the community health care services of that county or 
     area;
       ``(3) the drug treatment programs of that county or area;
       ``(4) the employment services organizations available in 
     that county or area;
       ``(5) the housing services organizations available in the 
     county or area; and
       ``(6) any other appropriate community services available in 
     the county or area.

     ``SEC. 2903. COMMUNITY REENTRY PLAN DESCRIBED.

       ``For purposes of section 2902(a)(1), a community reentry 
     plan for an offender is a plan relating to the reentry of the 
     offender into the community and, according to the needs of 
     the offender, shall--
       ``(1) identify employment opportunities and goals;
       ``(2) identify housing opportunities;
       ``(3) provide for any needed drug treatment;
       ``(4) provide for any needed mental health services;
       ``(5) provide for any needed health care services;
       ``(6) provide for any needed family counseling;
       ``(7) provide for offender case management programs or 
     services; and
       ``(8) provide for any other service specified by the 
     Comprehensive and Continuous Offender Reentry Task Force as 
     necessary for the offender.

     ``SEC. 2904. APPLICATION.

       ``To be eligible for a grant under this part, a State or 
     other relevant entity shall submit to the Attorney General an 
     application in such form and manner and at such time as the 
     Attorney General specifies. Such application shall contain 
     such information as the Attorney General specifies.

     ``SEC. 2905. RULE OF CONSTRUCTION.

       ``Nothing in this part shall be construed as supplanting or 
     modifying a sentence imposed by a court, including any terms 
     of supervision.

     ``SEC. 2906. REPORTS.

       ``An entity that receives funds under this part for a 
     Comprehensive and Continuous Offender Reentry Task Force 
     during a fiscal year shall submit to the Attorney General, 
     not later than a date specified by the Attorney General, a 
     report that describes and evaluates the effectiveness of such 
     Task Force during such fiscal year.

     ``SEC. 2907. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated $10,000,000 to 
     carry out this section for each of fiscal years 2008 and 
     2009.''.

[[Page 8374]]



     SEC. 113. PROSECUTION DRUG TREATMENT ALTERNATIVE TO PRISON 
                   PROGRAMS.

       (a) Authorization.--Title I of the Omnibus Crime Control 
     and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as 
     amended by this Act, is amended by adding after part CC the 
     following:

  ``PART DD--PROSECUTION DRUG TREATMENT ALTERNATIVE TO PRISON PROGRAMS

     ``SEC. 2911. GRANT AUTHORITY.

       ``(a) In General.--The Attorney General may make grants to 
     State and local prosecutors to develop, implement, or expand 
     qualified drug treatment programs that are alternatives to 
     imprisonment, in accordance with this part.
       ``(b) Qualified Drug Treatment Programs Described.--For 
     purposes of this part, a qualified drug treatment program is 
     a program--
       ``(1) that is administered by a State or local prosecutor;
       ``(2) that requires an eligible offender who is sentenced 
     to participate in the program (instead of incarceration) to 
     participate in a comprehensive substance abuse treatment 
     program that is approved by the State and licensed, if 
     necessary, to provide medical and other health services;
       ``(3) that requires an eligible offender to receive the 
     consent of the State or local prosecutor involved to 
     participate in such program;
       ``(4) that, in the case of an eligible offender who is 
     sentenced to participate in the program, requires the 
     offender to serve a sentence of imprisonment with respect to 
     the crime involved if the prosecutor, in conjunction with the 
     treatment provider, determines that the offender has not 
     successfully completed the relevant substance abuse treatment 
     program described in paragraph (2);
       ``(5) that provides for the dismissal of the criminal 
     charges involved in an eligible offender's participation in 
     the program if the offender is determined to have 
     successfully completed the program;
       ``(6) that requires each substance abuse provider treating 
     an eligible offender under the program to--
       ``(A) make periodic reports of the progress of the 
     treatment of that offender to the State or local prosecutor 
     involved and to the appropriate court in which the eligible 
     offender was convicted; and
       ``(B) notify such prosecutor and such court if the eligible 
     offender absconds from the facility of the treatment provider 
     or otherwise violates the terms and conditions of the 
     program, consistent with Federal and State confidentiality 
     requirements; and
       ``(7) that has an enforcement unit comprised of law 
     enforcement officers under the supervision of the State or 
     local prosecutor involved, the duties of which shall include 
     verifying an eligible offender's addresses and other 
     contacts, and, if necessary, locating, apprehending, and 
     arresting an eligible offender who has absconded from the 
     facility of a substance abuse treatment provider or otherwise 
     violated the terms and conditions of the program, consistent 
     with Federal and State confidentiality requirements, and 
     returning such eligible offender to court for sentencing for 
     the crime involved.

     ``SEC. 2912. USE OF GRANT FUNDS.

       ``(a) In General.--A State or local prosecutor that 
     receives a grant under this part shall use such grant for 
     expenses of a qualified drug treatment program, including for 
     the following expenses:
       ``(1) Salaries, personnel costs, equipment costs, and other 
     costs directly related to the operation of the program, 
     including the enforcement unit.
       ``(2) Payments for substance abuse treatment providers that 
     are approved by the State and licensed, if necessary, to 
     provide alcohol and drug addiction treatment to eligible 
     offenders participating in the program, including aftercare 
     supervision, vocational training, education, and job 
     placement.
       ``(3) Payments to public and nonprofit private entities 
     that are approved by the State and licensed, if necessary, to 
     provide alcohol and drug addiction treatment to offenders 
     participating in the program.
       ``(b) Supplement and Not Supplant.--Grants made under this 
     part shall be used to supplement, and not supplant, non-
     Federal funds that would otherwise be available for programs 
     described in this part.

     ``SEC. 2913. APPLICATIONS.

       ``To request a grant under this part, a State or local 
     prosecutor shall submit an application to the Attorney 
     General in such form and containing such information as the 
     Attorney General may reasonably require. Each such 
     application shall contain the certification by the State or 
     local prosecutor that the program for which the grant is 
     requested is a qualified drug treatment program, in 
     accordance with this part.

     ``SEC. 2914. FEDERAL SHARE.

       ``The Federal share of a grant made under this part shall 
     not exceed 75 percent of the total costs of the qualified 
     drug treatment program funded by such grant for the fiscal 
     year for which the program receives assistance under this 
     part.

     ``SEC. 2915. GEOGRAPHIC DISTRIBUTION.

       ``The Attorney General shall ensure that, to the extent 
     practicable, the distribution of grants under this part is 
     equitable and includes State or local prosecutors--
       ``(1) in each State; and
       ``(2) in rural, suburban, and urban jurisdictions.

     ``SEC. 2916. REPORTS AND EVALUATIONS.

       ``For each fiscal year, each recipient of a grant under 
     this part during that fiscal year shall submit to the 
     Attorney General a report with respect to the effectiveness 
     of activities carried out using that grant. Each report shall 
     include an evaluation in such form and containing such 
     information as the Attorney General may reasonably require. 
     The Attorney General shall specify the dates on which such 
     reports shall be submitted.

     ``SEC. 2917. DEFINITIONS.

       ``In this part:
       ``(1) State or local prosecutor.--The term `State or local 
     prosecutor' means any district attorney, State attorney 
     general, county attorney, or corporation counsel who has 
     authority to prosecute criminal offenses under State or local 
     law.
       ``(2) Eligible offender.--The term `eligible offender' 
     means an individual who--
       ``(A) has been convicted, pled guilty, or admitted guilt 
     with respect to a crime for which a sentence of imprisonment 
     is required and has not completed such sentence;
       ``(B) has never been charged with or convicted of an 
     offense, during the course of which--
       ``(i) the individual carried, possessed, or used a firearm 
     or dangerous weapon; or
       ``(ii) there occurred the use of force against the person 
     of another, without regard to whether any of the behavior 
     described in clause (i) is an element of the offense or for 
     which the person is charged or convicted;
       ``(C) does not have 1 or more prior convictions for a 
     felony crime of violence involving the use or attempted use 
     of force against a person with the intent to cause death or 
     serious bodily harm; and
       ``(D)(i) has received an assessment for alcohol or drug 
     addiction from a substance abuse professional who is approved 
     by the State and licensed by the appropriate entity to 
     provide alcohol and drug addiction treatment, as appropriate; 
     and
       ``(ii) has been found to be in need of substance abuse 
     treatment because that individual has a history of substance 
     abuse that is a significant contributing factor to the 
     criminal conduct of that individual.''.
       (b) Authorization of Appropriations.--Section 1001(a) of 
     title I of the Omnibus Crime Control and Safe Streets Act of 
     1968 (42 U.S.C. 3793(a)) is amended by adding at the end the 
     following new paragraph:
       ``(26) There are authorized to be appropriated to carry out 
     part DD such sums as may be necessary for each of fiscal 
     years 2008 and 2009.''.

     SEC. 114. GRANTS FOR FAMILY SUBSTANCE ABUSE TREATMENT 
                   ALTERNATIVES TO INCARCERATION.

       Title I of the Omnibus Crime Control and Safe Streets Act 
     (42 U.S.C. 3711 et seq.) is amended by inserting after part 
     II the following:

``PART JJ--GRANTS FOR FAMILY SUBSTANCE ABUSE TREATMENT ALTERNATIVES TO 
                             INCARCERATION

     ``SEC. 3001. GRANTS AUTHORIZED.

       ``The Attorney General may make grants to States, units of 
     local government, territories, and Indian tribes to develop, 
     implement, and expand comprehensive and clinically-
     appropriate family-based substance abuse treatment programs 
     as alternatives to incarceration for nonviolent parent drug 
     offenders.

     ``SEC. 3002. USE OF GRANT FUNDS.

       ``Grants made to an entity under section 3001 for a program 
     described in such section may be used for the following:
       ``(1) Salaries, personnel costs, facility costs, and other 
     costs directly related to the operation of that program.
       ``(2) Payments to providers of substance abuse treatment 
     for providing treatment and case management to nonviolent 
     parent drug offenders participating in that program, 
     including comprehensive treatment for mental health 
     disorders, parenting classes, educational classes, vocational 
     training, and job placement.
       ``(3) Payments to public and nonprofit private entities to 
     provide substance abuse treatment to nonviolent parent drug 
     offenders participating in that program.

     ``SEC. 3003. PROGRAM REQUIREMENTS.

       ``A program for which a grant is made under section 3001 
     shall comply with the following requirements:
       ``(1) The program shall ensure that all providers of 
     substance abuse treatment are approved by the State and are 
     licensed, if necessary, to provide medical and other health 
     services.
       ``(2) The program shall ensure appropriate coordination and 
     consultation with the Single State Authority for Substance 
     Abuse of the State (as that term is defined in section 201(e) 
     of the Second Chance Act of 2007).
       ``(3) The program shall consist of clinically-appropriate, 
     comprehensive, and long-term family treatment, including the 
     treatment of the nonviolent parent drug offender, the child 
     of such offender, and any other appropriate member of the 
     family of the offender.
       ``(4) The program shall be provided in a residential 
     setting that is not a hospital setting or an intensive 
     outpatient setting.

[[Page 8375]]

       ``(5) The program shall provide that if a nonviolent parent 
     drug offender who participates in that program does not 
     successfully complete the program the offender shall serve an 
     appropriate sentence of imprisonment with respect to the 
     underlying crime involved.
       ``(6) The program shall ensure that a determination is made 
     as to whether a nonviolent drug offender has completed the 
     substance abuse treatment program.
       ``(7) The program shall include the implementation of a 
     system of graduated sanctions (including incentives) that are 
     applied based on the accountability of the nonviolent parent 
     drug offender involved throughout the course of that program 
     to encourage compliance with that program.
       ``(8) The program shall develop and implement a reentry 
     plan for each nonviolent parent drug offender that shall 
     include reinforcement strategies for family involvement as 
     appropriate, relapse strategies, support groups, placement in 
     transitional housing, and continued substance abuse 
     treatment, as needed.

     ``SEC. 3004. DEFINITIONS.

       ``In this part:
       ``(1) Nonviolent parent drug offenders.--The term 
     `nonviolent parent drug offender' means an offender who is--
       ``(A) a parent of an individual under 18 years of age; and
       ``(B) convicted of a drug (or drug-related) felony that is 
     a nonviolent offense.
       ``(2) Nonviolent offense.--The term `nonviolent offense' 
     has the meaning given that term in section 2991(a).

     ``SEC. 3005. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     part $10,000,000 for each of fiscal years 2008 and 2009.''.

     SEC. 115. PRISON-BASED FAMILY TREATMENT PROGRAMS FOR 
                   INCARCERATED PARENTS OF MINOR CHILDREN.

       Title I of the Omnibus Crime Control and Safe Streets Act 
     (42 U.S.C. 3711 et seq.), is amended--
       (1) by redesignating part X as part KK; and
       (2) by adding at the end the following:

  ``PART LL--PRISON-BASED FAMILY TREATMENT PROGRAMS FOR INCARCERATED 
                       PARENTS OF MINOR CHILDREN

     ``SEC. 3021. GRANTS AUTHORIZED.

       ``The Attorney General may make grants to States, units of 
     local government, territories, and Indian tribes to provide 
     prison-based family treatment programs for incarcerated 
     parents of minor children.

     ``SEC. 3022. USE OF GRANT FUNDS.

       ``An entity that receives a grant under this part shall use 
     amounts provided under that grant to--
       ``(1) develop, implement, and expand prison-based family 
     treatment programs in correctional facilities for 
     incarcerated parents with minor children, excluding from the 
     programs those parents with respect to whom there is 
     reasonable evidence of domestic violence or child abuse;
       ``(2) coordinate the design and implementation of such 
     programs between appropriate correctional facility 
     representatives and the appropriate governmental agencies; 
     and
       ``(3) develop and implement a pre-release assessment and a 
     reentry plan for each incarcerated parent scheduled to be 
     released to the community, which shall include--
       ``(A) a treatment program for the incarcerated parent to 
     receive continuous substance abuse treatment services and 
     related support services, as needed;
       ``(B) a housing plan during transition from incarceration 
     to reentry, as needed;
       ``(C) a vocational or employment plan, including training 
     and job placement services; and
       ``(D) any other services necessary to provide successful 
     reentry into the community.

     ``SEC. 3023. PROGRAM REQUIREMENTS.

       ``A prison-based family treatment program for incarcerated 
     parents with respect to which a grant is made shall comply 
     with the following requirements:
       ``(1) The program shall integrate techniques to assess the 
     strengths and needs of immediate and extended family of the 
     incarcerated parent to support a treatment plan of the 
     incarcerated parent.
       ``(2) The program shall ensure that each participant in 
     that program has access to consistent and uninterrupted care 
     if transferred to a different correctional facility within 
     the State or other relevant entity.
       ``(3) The program shall be located in an area separate from 
     the general population of the prison.

     ``SEC. 3024. APPLICATIONS.

       ``To be eligible for a grant under this part for a prison-
     based family treatment program, an entity described in 
     section 3021 shall, in addition to any other requirement 
     specified by the Attorney General, submit an application to 
     the Attorney General in such form and manner and at such time 
     as specified by the Attorney General. Such application shall 
     include a description of the methods and measurements the 
     entity will use for purposes of evaluating the program 
     involved and such other information as the Attorney General 
     may reasonably require.

     ``SEC. 3025. REPORTS.

       ``An entity that receives a grant under this part for a 
     prison-based family treatment program during a fiscal year 
     shall submit to the Attorney General, not later than a date 
     specified by the Attorney General, a report that describes 
     and evaluates the effectiveness of that program during such 
     fiscal year that--
       ``(1) is based on evidence-based data; and
       ``(2) uses the methods and measurements described in the 
     application of that entity for purposes of evaluating that 
     program.

     ``SEC. 3026. PRISON-BASED FAMILY TREATMENT PROGRAM DEFINED.

       ``In this part, the term `prison-based family treatment 
     program' means a program for incarcerated parents in a 
     correctional facility that provides a comprehensive response 
     to offender needs, including substance abuse treatment, child 
     early intervention services, family counseling, legal 
     services, medical care, mental health services, nursery and 
     preschool, parenting skills training, pediatric care, 
     physical therapy, prenatal care, sexual abuse therapy, 
     relapse prevention, transportation, and vocational or GED 
     training.

     ``SEC. 3027. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     part $10,000,000 for each of fiscal years 2008 and 2009.''.

     SEC. 116. GRANT PROGRAMS RELATING TO EDUCATIONAL METHODS AT 
                   PRISONS, JAILS, AND JUVENILE FACILITIES.

       Title I of the Omnibus Crime Control and Safe Streets Act 
     of 1968 (42 U.S.C. 3711 et seq.), as amended by this Act, is 
     amended by adding at the end the following:

 ``PART MM--GRANT PROGRAM TO EVALUATE EDUCATIONAL METHODS AT PRISONS, 
                     JAILS, AND JUVENILE FACILITIES

     ``SEC. 3031. GRANT PROGRAM TO EVALUATE EDUCATIONAL METHODS AT 
                   PRISONS, JAILS, AND JUVENILE FACILITIES.

       ``(a) Grant Program Authorized.--The Attorney General shall 
     carry out a grant program under which the Attorney General 
     may make grants to States, units of local government, 
     territories, Indian tribes, and other public and private 
     entities to--
       ``(1) evaluate methods to improve academic and vocational 
     education for offenders in prisons, jails, and juvenile 
     facilities; and
       ``(2) identify, and make recommendations to the Attorney 
     General regarding, best practices relating to academic and 
     vocational education for offenders in prisons, jails, and 
     juvenile facilities, based on the evaluation under paragraph 
     (1).
       ``(b) Application.--To be eligible for a grant under this 
     section, a State or other entity described in subsection (a) 
     shall submit to the Attorney General an application in such 
     form and manner, at such time and accompanied by such 
     information as the Attorney General specifies.
       ``(c) Report.--Not later than 90 days after the last day of 
     the final fiscal year of a grant under this section, the 
     entity described in subsection (a) receiving that grant shall 
     submit to the Attorney General a detailed report of the 
     aggregate findings and conclusions of the evaluation 
     described in subsection (a)(1), conducted by that entity and 
     the recommendations of that entity to the Attorney General 
     described in subsection (a)(2).
       ``(d) Authorization of Appropriations.--There are 
     authorized to be appropriated $5,000,000 to carry out this 
     section for each of fiscal years 2008 and 2009.

     ``SEC. 3032. GRANTS TO IMPROVE EDUCATIONAL SERVICES IN 
                   PRISONS, JAILS, AND JUVENILE FACILITIES.

       ``(a) Grant Program Authorized.--The Attorney General shall 
     carry out a grant program under which the Attorney General 
     may make grants to States, units of local government, 
     territories, and Indian tribes for the purpose of improving 
     the academic and vocational education programs available to 
     offenders in prisons, jails, and juvenile facilities.
       ``(b) Application.--To be eligible for a grant under this 
     section, an entity described in subsection (a) shall submit 
     to the Attorney General an application in such form and 
     manner, at such time, and accompanied by such information as 
     the Attorney General specifies.
       ``(c) Reports.--An entity that receives a grant under 
     subsection (a) during a fiscal year shall, not later than the 
     last day of the following fiscal year, submit to the Attorney 
     General a report that describes and assesses the uses of that 
     grant.
       ``(d) Authorization of Appropriations.--There are 
     authorized to be appropriated $10,000,000 to carry out this 
     section for each of fiscal years 2008 and 2009.''.

                   Subtitle C--Conforming Amendments

     SEC. 121. USE OF VIOLENT OFFENDER TRUTH-IN-SENTENCING GRANT 
                   FUNDING FOR DEMONSTRATION PROJECT ACTIVITIES.

       Section 20102(a) of the Violent Crime Control and Law 
     Enforcement Act of 1994 (42 U.S.C. 13702(a)) is amended--
       (1) in paragraph (2) by striking ``and'' at the end;
       (2) in paragraph (3) by striking the period at the end and 
     inserting ``; and''; and

[[Page 8376]]

       (3) by adding at the end the following:
       ``(4) to carry out any activity described in section 
     2976(b) of the Omnibus Crime Control and Safe Streets Act of 
     1968 (42 U.S.C. 3797w(b)).''.

     TITLE II--ENHANCED DRUG TREATMENT AND MENTORING GRANT PROGRAMS

                       Subtitle A--Drug Treatment

     SEC. 201. GRANTS FOR DEMONSTRATION PROGRAMS TO REDUCE DRUG 
                   USE AND RECIDIVISM IN LONG-TERM SUBSTANCE 
                   ABUSERS.

       (a) Awards Required.--The Attorney General may make 
     competitive grants to eligible partnerships, in accordance 
     with this section, for the purpose of establishing 
     demonstration programs to reduce the use of alcohol and other 
     drugs by supervised long-term substance abusers during the 
     period in which each such long-term substance abuser is in 
     prison, jail, or a juvenile facility, and until the 
     completion of parole or court supervision of such abuser.
       (b) Use of Grant Funds.--A grant made under subsection (a) 
     to an eligible partnership for a demonstration program, shall 
     be used--
       (1) to support the efforts of the agencies, organizations, 
     and researchers included in the eligible partnership, with 
     respect to the program for which a grant is awarded under 
     this section;
       (2) to develop and implement a program for supervised long-
     term substance abusers during the period described in 
     subsection (a), which shall include--
       (A) alcohol and drug abuse assessments that--
       (i) are provided by a State-approved program; and
       (ii) provide adequate incentives for completion of a 
     comprehensive alcohol or drug abuse treatment program, 
     including through the use of graduated sanctions; and
       (B) coordinated and continuous delivery of drug treatment 
     and case management services during such period; and
       (3) to provide addiction recovery support services (such as 
     job training and placement, peer support, mentoring, 
     education, and other related services) to strengthen 
     rehabilitation efforts for long-term substance abusers.
       (c) Application.--To be eligible for a grant under 
     subsection (a) for a demonstration program, an eligible 
     partnership shall submit to the Attorney General an 
     application that--
       (1) identifies the role, and certifies the involvement, of 
     each agency, organization, or researcher involved in such 
     partnership, with respect to the program;
       (2) includes a plan for using judicial or other criminal or 
     juvenile justice authority to supervise the long-term 
     substance abusers who would participate in a demonstration 
     program under this section, including for--
       (A) administering drug tests for such abusers on a regular 
     basis; and
       (B) swiftly and certainly imposing an established set of 
     graduated sanctions for non-compliance with conditions for 
     reentry into the community relating to drug abstinence 
     (whether imposed as a pre-trial, probation, or parole 
     condition, or otherwise);
       (3) includes a plan to provide supervised long-term 
     substance abusers with coordinated and continuous services 
     that are based on evidence-based strategies and that assist 
     such abusers by providing such abusers with--
       (A) drug treatment while in prison, jail, or a juvenile 
     facility;
       (B) continued treatment during the period in which each 
     such long-term substance abuser is in prison, jail, or a 
     juvenile facility, and until the completion of parole or 
     court supervision of such abuser;
       (C) addiction recovery support services;
       (D) employment training and placement;
       (E) family-based therapies;
       (F) structured post-release housing and transitional 
     housing, including housing for recovering substance abusers; 
     and
       (G) other services coordinated by appropriate case 
     management services;
       (4) includes a plan for coordinating the data 
     infrastructures among the entities included in the eligible 
     partnership and between such entities and the providers of 
     services under the demonstration program involved (including 
     providers of technical assistance) to assist in monitoring 
     and measuring the effectiveness of demonstration programs 
     under this section; and
       (5) includes a plan to monitor and measure the number of 
     long-term substance abusers--
       (A) located in each community involved; and
       (B) who improve the status of their employment, housing, 
     health, and family life.
       (d) Reports to Congress.--
       (1) Interim report.--Not later than September 30, 2008, the 
     Attorney General shall submit to Congress a report that 
     identifies the best practices relating to the comprehensive 
     and coordinated treatment of long-term substance abusers, 
     including the best practices identified through the 
     activities funded under this section.
       (2) Final report.--Not later than September 30, 2009, the 
     Attorney General shall submit to Congress a report on the 
     demonstration programs funded under this section, including 
     on the matters specified in paragraph (1).
       (e)  Definitions.--In this section:
       (1) Eligible partnership.--The term ``eligible 
     partnership'' means a partnership that includes--
       (A) the applicable Single State Authority for Substance 
     Abuse;
       (B) the State, local, territorial, or tribal criminal or 
     juvenile justice authority involved;
       (C) a researcher who has experience in evidence-based 
     studies that measure the effectiveness of treating long-term 
     substance abusers during the period in which such abusers are 
     under the supervision of the criminal or juvenile justice 
     system involved;
       (D) community-based organizations that provide drug 
     treatment, related recovery services, job training and 
     placement, educational services, housing assistance, 
     mentoring, or medical services; and
       (E) Federal agencies (such as the Drug Enforcement Agency, 
     the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and 
     the office of a United States attorney).
       (2) Long-term substance abuser.--The term ``long-term 
     substance abuser'' means an individual who--
       (A) is in a prison, jail, or juvenile facility;
       (B) has abused illegal drugs or alcohol for a significant 
     number of years; and
       (C) is scheduled to be released from prison, jail, or a 
     juvenile facility during the 24-month period beginning on the 
     date the relevant application is submitted under subsection 
     (c).
       (3) Single state authority for substance abuse.--The term 
     ``Single State Authority for Substance Abuse'' means an 
     entity designated by the Governor or chief executive officer 
     of a State as the single State administrative authority 
     responsible for the planning, development, implementation, 
     monitoring, regulation, and evaluation of substance abuse 
     services in that State.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section $5,000,000 for 
     each of fiscal years 2008 and 2009.

     SEC. 202. OFFENDER DRUG TREATMENT INCENTIVE GRANTS.

       (a) Grant Program Authorized.--The Attorney General shall 
     carry out a grant program under which the Attorney General 
     may make grants to States, units of local government, 
     territories, and Indian tribes in an amount described in 
     subsection (c) to improve the provision of drug treatment to 
     offenders in prisons, jails, and juvenile facilities.
       (b) Requirements for Application.--
       (1) In general.--To be eligible to receive a grant under 
     subsection (a) for a fiscal year, an entity described in that 
     subsection shall, in addition to any other requirements 
     specified by the Attorney General, submit to the Attorney 
     General an application that demonstrates that, with respect 
     to offenders in prisons, jails, and juvenile facilities who 
     require drug treatment and who are in the custody of the 
     jurisdiction involved, during the previous fiscal year that 
     entity provided drug treatment meeting the standards 
     established by the Single State Authority for Substance Abuse 
     (as that term is defined in section 201) for the relevant 
     State to a number of such offenders that is 2 times the 
     number of such offenders to whom that entity provided drug 
     treatment during the fiscal year that is 2 years before the 
     fiscal year for which that entity seeks a grant.
       (2) Other requirements.--An application under this section 
     shall be submitted in such form and manner and at such time 
     as specified by the Attorney General.
       (c) Allocation of Grant Amounts Based on Drug Treatment 
     Percent Demonstrated.--The Attorney General shall allocate 
     amounts under this section for a fiscal year based on the 
     percent of offenders described in subsection (b)(1) to whom 
     an entity provided drug treatment in the previous fiscal 
     year, as demonstrated by that entity in its application under 
     that subsection.
       (d) Uses of Grants.--A grant awarded to an entity under 
     subsection (a) shall be used--
       (1) for continuing and improving drug treatment programs 
     provided at prisons, jails, and juvenile facilities of that 
     entity; and
       (2) to strengthen rehabilitation efforts for offenders by 
     providing addiction recovery support services, such as job 
     training and placement, education, peer support, mentoring, 
     and other similar services.
       (e) Reports.--An entity that receives a grant under 
     subsection (a) during a fiscal year shall, not later than the 
     last day of the following fiscal year, submit to the Attorney 
     General a report that describes and assesses the uses of such 
     grant.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated $10,000,000 to carry out this section for 
     each of fiscal years 2008 and 2009.

     SEC. 203. ENSURING AVAILABILITY AND DELIVERY OF NEW 
                   PHARMACOLOGICAL DRUG TREATMENT SERVICES.

       (a) Grant Program Authorized.--The Attorney General, 
     through the National Institute of Justice, and in 
     consultation with the National Institute on Drug Abuse and 
     the Substance Abuse and Mental Health Services 
     Administration, shall carry out a grant program under which 
     the Attorney General may make grants to States, units of 
     local government, territories, Indian tribes, and public and 
     private organizations to establish pharmacological drug 
     treatment services as part

[[Page 8377]]

     of the available drug treatment programs being offered by 
     such grantees to offenders who are in prison or jail.
       (b) Consideration of Pharmacological Treatments.--In 
     awarding grants under this section to eligible entities, the 
     Attorney General shall consider--
       (1) the number and availability of pharmacological 
     treatments offered under the program involved; and
       (2) the participation of researchers who are familiar with 
     evidence-based studies and are able to measure the 
     effectiveness of such treatments using randomized trials.
       (c) Applications.--
       (1) In general.--To be eligible for a grant under this 
     section, an entity described in subsection (a) shall submit 
     to the Attorney General an application in such form and 
     manner and at such time as the Attorney General specifies.
       (2) Information required.--An application submitted under 
     paragraph (1) shall--
       (A) provide assurances that grant funds will be used only 
     for a program that is created in coordination with (or 
     approved by) the Single State Authority for Substance Abuse 
     (as that term is defined in section 201) of the State 
     involved to ensure pharmacological drug treatment services 
     provided under that program are clinically appropriate;
       (B) demonstrate how pharmacological drug treatment services 
     offered under the program are part of a clinically-
     appropriate and comprehensive treatment plan; and
       (C) contain such other information as the Attorney General 
     specifies.
       (d) Reports.--An entity that receives a grant under 
     subsection (a) during a fiscal year shall, not later than the 
     last day of the following fiscal year, submit to the Attorney 
     General a report that describes and assesses the uses of that 
     grant.

     SEC. 204. STUDY OF EFFECTIVENESS OF DEPOT NALTREXONE FOR 
                   HEROIN ADDICTION.

       (a) Grant Program Authorized.--The Attorney General, 
     through the National Institute of Justice, and in 
     consultation with the National Institute on Drug Abuse, shall 
     carry out a grant program under which the Attorney General 
     may make grants to public and private research entities 
     (including consortia, single private research entities, and 
     individual institutions of higher education) to evaluate the 
     effectiveness of depot naltrexone for the treatment of heroin 
     addiction.
       (b) Evaluation Program.--To be eligible to receive a grant 
     under this section, an entity described in subsection (a) 
     shall submit to the Attorney General an application that--
       (1) contains such information as the Attorney General 
     specifies, including information that demonstrates that--
       (A) the applicant conducts research at a private or public 
     institution of higher education, as that term is defined in 
     section 101 of the Higher Education Act of 1965 (20 U.S.C. 
     1101);
       (B) the applicant has a plan to work with parole officers 
     or probation officers for offenders who are under court 
     supervision; and
       (C) the evaluation described in subsection (a) will measure 
     the effectiveness of such treatments using randomized trials; 
     and
       (2) is in such form and manner and at such time as the 
     Attorney General specifies.
       (c) Reports.--An entity that receives a grant under 
     subsection (a) during a fiscal year shall, not later than the 
     last day of the following fiscal year, submit to the Attorney 
     General a report that describes and assesses the uses of that 
     grant.

     SEC. 205. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated $10,000,000 to 
     carry out sections 203 and 204 for each of fiscal years 2008 
     and 2009.

                        Subtitle B--Job Training

     SEC. 211. TECHNOLOGY CAREERS TRAINING DEMONSTRATION GRANTS.

       (a) Authority To Make Grants.--From amounts made available 
     to carry out this section, the Attorney General shall make 
     grants to States, units of local government, territories, and 
     Indian tribes to provide technology career training to 
     prisoners.
       (b) Use of Funds.--A grant awarded under subsection (a) may 
     be used to establish a technology careers training program to 
     train prisoners during the 3-year period before release from 
     prison, jail, or a juvenile facility for technology-based 
     jobs and careers.
       (c) Reports.--An entity that receives a grant under 
     subsection (a) during a fiscal year shall, not later than the 
     last day of the following fiscal year, submit to the Attorney 
     General a report that describes and assesses the uses of that 
     grant during that fiscal year.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section $5,000,000 for 
     each of fiscal years 2008 and 2009.

     SEC. 212. GRANTS TO STATES FOR IMPROVED WORKPLACE AND 
                   COMMUNITY TRANSITION TRAINING FOR INCARCERATED 
                   YOUTH OFFENDERS.

       Section 821 of the Higher Education Amendments of 1998 (20 
     U.S.C. 1151) is amended to read as follows:

     ``SEC. 821. GRANTS TO STATES FOR IMPROVED WORKPLACE AND 
                   COMMUNITY TRANSITION TRAINING FOR INCARCERATED 
                   YOUTH OFFENDERS.

       ``(a) Definition.--For purposes of this section, the term 
     `youth offender' means a male or female offender under the 
     age of 35, who is incarcerated in a State prison, including a 
     prerelease facility.
       ``(b) Grant Program.--The Secretary of Education (in this 
     section referred to as the `Secretary')--
       ``(1) shall establish a program in accordance with this 
     section to provide grants to the State correctional education 
     agencies in the States, from allocations for the States under 
     subsection (h), to assist and encourage youth offenders to 
     acquire functional literacy, life, and job skills, through--
       ``(A) the pursuit of a postsecondary education certificate, 
     or an associate or bachelor's degree while in prison; and
       ``(B) employment counseling and other related services 
     which start during incarceration and end not later than 1 
     year after release from confinement; and
       ``(2) may establish such performance objectives and 
     reporting requirements for State correctional education 
     agencies receiving grants under this section as the Secretary 
     determines are necessary to assess the effectiveness of the 
     program under this section.
       ``(c) Application.--To be eligible for a grant under this 
     section, a State correctional education agency shall submit 
     to the Secretary a proposal for a youth offender program 
     that--
       ``(1) identifies the scope of the problem, including the 
     number of youth offenders in need of postsecondary education 
     and career and technical education;
       ``(2) lists the accredited public or private educational 
     institution or institutions that will provide postsecondary 
     educational services;
       ``(3) lists the cooperating agencies, public and private, 
     or businesses that will provide related services, such as 
     counseling in the areas of career development, substance 
     abuse, health, and parenting skills;
       ``(4) describes specific performance objectives and 
     evaluation methods (in addition to, and consistent with, any 
     objectives established by the Secretary under subsection 
     (b)(2)) that the State correctional education agency will use 
     in carrying out its proposal, including--
       ``(A) specific and quantified student outcome measures that 
     are referenced to outcomes for non-program participants with 
     similar demographic characteristics; and
       ``(B) measures, consistent with the data elements and 
     definitions described in subsection (d)(1)(A), of--
       ``(i) program completion, including an explicit definition 
     of what constitutes a program completion within the proposal;
       ``(ii) knowledge and skill attainment, including 
     specification of instruments that will measure knowledge and 
     skill attainment;
       ``(iii) attainment of employment both prior to and 
     subsequent to release;
       ``(iv) success in employment indicated by job retention and 
     advancement; and
       ``(v) recidivism, including such subindicators as time 
     before subsequent offense and severity of offense;
       ``(5) describes how the proposed programs are to be 
     integrated with existing State correctional education 
     programs (such as adult education, graduate education degree 
     programs, and career and technical education) and State 
     industry programs;
       ``(6) describes how the proposed programs will have 
     considered or will utilize technology to deliver the services 
     under this section; and
       ``(7) describes how students will be selected so that only 
     youth offenders eligible under subsection (e) will be 
     enrolled in postsecondary programs.
       ``(d) Program Requirements.--Each State correctional 
     education agency receiving a grant under this section shall--
       ``(1) annually report to the Secretary regarding--
       ``(A) the results of the evaluations conducted using data 
     elements and definitions provided by the Secretary for the 
     use of State correctional education programs;
       ``(B) any objectives or requirements established by the 
     Secretary pursuant to subsection (b)(2); and
       ``(C) the additional performance objectives and evaluation 
     methods contained in the proposal described in subsection 
     (c)(4), as necessary to document the attainment of project 
     performance objectives; and
       ``(2) expend on each participating eligible student for an 
     academic year, not more than the maximum Federal Pell Grant 
     funded under section 401 of the Higher Education Act of 1965 
     for such academic year, which shall be used for--
       ``(A) tuition, books, and essential materials; and
       ``(B) related services such as career development, 
     substance abuse counseling, parenting skills training, and 
     health education.
       ``(e) Student Eligibility.--A youth offender shall be 
     eligible for participation in a program receiving a grant 
     under this section if the youth offender--
       ``(1) is eligible to be released within 5 years (including 
     a youth offender who is eligible for parole within such 
     time); and
       ``(2) is 35 years of age or younger.
       ``(f) Length of Participation.--A State correctional 
     education agency receiving a

[[Page 8378]]

     grant under this section shall provide educational and 
     related services to each participating youth offender for a 
     period not to exceed 5 years, 1 year of which may be devoted 
     to study in a graduate education degree program or to 
     remedial education services for students who have obtained a 
     secondary school diploma or its recognized equivalent. 
     Educational and related services shall start during the 
     period of incarceration in prison or prerelease, and the 
     related services may continue for not more than 1 year after 
     release from confinement.
       ``(g) Education Delivery Systems.--State correctional 
     education agencies and cooperating institutions shall, to the 
     extent practicable, use high-tech applications in developing 
     programs to meet the requirements and goals of this section.
       ``(h) Allocation of Funds.--From the funds appropriated 
     pursuant to subsection (i) for each fiscal year, the 
     Secretary shall allot to each State an amount that bears the 
     same relationship to such funds as the total number of 
     students eligible under subsection (e) in such State bears to 
     the total number of such students in all States.
       ``(i) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $30,000,000 for fiscal years 2008 and 2009.''.

                         Subtitle C--Mentoring

     SEC. 221. MENTORING GRANTS TO NONPROFIT ORGANIZATIONS.

       (a) Authority To Make Grants.--From amounts made available 
     to carry out this section, the Attorney General shall make 
     grants to nonprofit organizations for the purpose of 
     providing mentoring and other transitional services essential 
     to reintegrating offenders into the community.
       (b) Use of Funds.--A grant awarded under subsection (a) may 
     be used for--
       (1) mentoring adult and juvenile offenders during 
     incarceration, through transition back to the community, and 
     post-release;
       (2) transitional services to assist in the reintegration of 
     offenders into the community; and
       (3) training regarding offender and victims issues.
       (c) Application; Priority Consideration.--
       (1) In general.--To be eligible to receive a grant under 
     this section, a nonprofit organization shall submit an 
     application to the Attorney General at such time, in such 
     manner, and accompanied by such information as the Attorney 
     General may require.
       (2) Priority consideration.--Priority consideration shall 
     be given to any application under this section that--
       (A) includes a plan to implement activities that have been 
     demonstrated effective in facilitating the successful reentry 
     of offenders; and
       (B) provides for an independent evaluation that includes, 
     to the maximum extent feasible, random assignment of 
     offenders to program delivery and control groups.
       (d) Strategic Performance Outcomes.--The Attorney General 
     shall require each applicant under this section to identify 
     specific performance outcomes related to the long-term goal 
     of stabilizing communities by reducing recidivism (using a 
     measure that is consistent with the research undertaken by 
     the Bureau of Justice Statistics under section 241(b)(6)), 
     and reintegrating offenders into society.
       (e) Reports.--An entity that receives a grant under 
     subsection (a) during a fiscal year shall, not later than the 
     last day of the following fiscal year, submit to the Attorney 
     General a report that describes and assesses the uses of that 
     grant during that fiscal year and that identifies the 
     progress of the grantee toward achieving its strategic 
     performance outcomes.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Attorney General to carry out this 
     section $15,000,000 for each of fiscal years 2008 and 2009.

     SEC. 222. BUREAU OF PRISONS POLICY ON MENTORING CONTACTS.

       (a) In General.--Not later than 90 days after the date of 
     enactment of this Act, the Director of the Bureau of Prisons 
     shall, in order to promote stability and continued assistance 
     to offenders after release from prison, adopt and implement a 
     policy to ensure that any person who provides mentoring 
     services to an incarcerated offender is permitted to continue 
     such services after that offender is released from prison. 
     That policy shall permit the continuation of mentoring 
     services unless the Director demonstrates that such services 
     would be a significant security risk to the offender, 
     incarcerated offenders, persons who provide such services, or 
     any other person.
       (b) Report.--Not later than September 30, 2008, the 
     Director of the Bureau of Prisons shall submit to Congress a 
     report on the extent to which the policy described in 
     subsection (a) has been implemented and followed.

             Subtitle D--Administration of Justice Reforms

             CHAPTER 1--IMPROVING FEDERAL OFFENDER REENTRY

     SEC. 231. FEDERAL PRISONER REENTRY PROGRAM.

       (a) Establishment.--The Director of the Bureau of Prisons 
     (in this chapter referred to as the ``Director'') shall 
     establish a prisoner reentry strategy to help prepare 
     prisoners for release and successful reintegration into the 
     community, which shall require that the Bureau of Prisons--
       (1) assess each prisoner's skill level (including academic, 
     vocational, health, cognitive, interpersonal, daily living, 
     and related reentry skills) at the beginning of the term of 
     imprisonment of that prisoner to identify any areas in need 
     of improvement prior to reentry;
       (2) generate a skills development plan for each prisoner to 
     monitor skills enhancement and reentry readiness throughout 
     incarceration;
       (3) determine program assignments for prisoners based on 
     the areas of need identified through the assessment described 
     in paragraph (1);
       (4) ensure that priority is given to the reentry needs of 
     high-risk populations, such as sex offenders, career 
     criminals, and prisoners with mental health problems;
       (5) coordinate and collaborate with other Federal agencies 
     and with State and local criminal justice agencies, 
     community-based organizations, and faith-based organizations 
     to help effectuate a seamless reintegration of prisoners into 
     their communities;
       (6) collect information about a prisoner's family 
     relationships, parental responsibilities, and contacts with 
     children to help prisoners maintain important familial 
     relationships and support systems during incarceration and 
     after release from custody; and
       (7) provide incentives for prisoner participation in skills 
     development programs.
       (b) Incentives for Participation in Skills Development 
     Programs.--A prisoner who participates in reentry and skills 
     development programs may, at the discretion of the Director, 
     receive any of the following incentives:
       (1) The maximum allowable period in a community confinement 
     facility.
       (2) A reduction in the term of imprisonment of that 
     prisoner, except that such reduction may not be more than 1 
     year from the term the prisoner must otherwise serve.
       (3) Such other incentives as the Director considers 
     appropriate.

     SEC. 232. IDENTIFICATION AND RELEASE ASSISTANCE FOR FEDERAL 
                   PRISONERS.

       (a) Obtaining Identification.--The Director shall assist 
     prisoners in obtaining identification (including a social 
     security card, driver's license or other official photo 
     identification, or birth certificate) prior to release.
       (b) Assistance Developing Release Plan.--At the request of 
     a direct-release prisoner, a representative of the United 
     States Probation System shall, prior to the release of that 
     prisoner, help that prisoner develop a release plan.
       (c) Direct-Release Prisoner Defined.--In this section, the 
     term ``direct-release prisoner'' means a prisoner who is 
     scheduled for release and will not be placed in pre-release 
     custody.

     SEC. 233. IMPROVED REENTRY PROCEDURES FOR FEDERAL PRISONERS.

       The Attorney General shall take such steps as are necessary 
     to modify the procedures and policies of the Department of 
     Justice with respect to the transition of offenders from the 
     custody of the Bureau of Prisons to the community--
       (1) to enhance case planning and implementation of reentry 
     programs, policies, and guidelines;
       (2) to improve such transition to the community, including 
     placement of such individuals in community corrections 
     facilities; and
       (3) to foster the development of collaborative partnerships 
     with stakeholders at the national and local levels to 
     facilitate the exchange of information and the development of 
     resources to enhance opportunities for successful offender 
     reentry.

     SEC. 234. DUTIES OF THE BUREAU OF PRISONS.

       (a) Duties of the Bureau of Prisons Expanded.--Section 
     4042(a) of title 18, United States Code, is amended--
       (1) in paragraph (4), by striking ``and'' at the end;
       (2) in paragraph (5), by striking the period and inserting 
     a semicolon; and
       (3) by adding at the end the following:
       ``(6) establish pre-release planning procedures that help 
     prisoners--
       ``(A) apply for Federal and State benefits upon release 
     (including Social Security Cards, Social Security benefits, 
     and veterans' benefits); and
       ``(B) secure such identification and benefits prior to 
     release, subject to any limitations in law; and
       ``(7) establish reentry planning procedures that include 
     providing Federal prisoners with information in the following 
     areas:
       ``(A) Health and nutrition.
       ``(B) Employment.
       ``(C) Literacy and education.
       ``(D) Personal finance and consumer skills.
       ``(E) Community resources.
       ``(F) Personal growth and development.
       ``(G) Release requirements and procedures.''.
       (b) Measuring the Removal of Obstacles to Reentry.--
       (1) Program required.--The Director shall carry out a 
     program under which each institution within the Bureau of 
     Prisons codes the reentry needs and deficits of prisoners, as 
     identified by an assessment tool that is

[[Page 8379]]

     used to produce an individualized skills development plan for 
     each inmate.
       (2) Tracking.--In carrying out the program under this 
     subsection, the Director shall quantitatively track, by 
     institution and Bureau-wide, the progress in responding to 
     the reentry needs and deficits of individual inmates.
       (3) Annual report.--On an annual basis, the Director shall 
     prepare and submit to the Committee on the Judiciary of the 
     Senate and the Committee on the Judiciary of the House of 
     Representatives a report that documents the progress of each 
     institution within the Bureau of Prisons, and of the Bureau 
     as a whole, in responding to the reentry needs and deficits 
     of inmates. The report shall be prepared in a manner that 
     groups institutions by security level to allow comparisons of 
     similar institutions.
       (4) Evaluation.--The Director shall--
       (A) implement a formal standardized process for evaluating 
     the success of each institution within the Bureau of Prisons 
     in enhancing skills and resources to assist in reentry; and
       (B) ensure that--
       (i) each institution is held accountable for low 
     performance under such an evaluation; and
       (ii) plans for corrective action are developed and 
     implemented as necessary.
       (c) Measuring and Improving Recidivism Outcomes.--
       (1) Annual report required.--
       (A) In general.--At the end of each fiscal year, the 
     Director shall submit to the Committee on the Judiciary of 
     the Senate and the Committee on the Judiciary of the House of 
     Representatives a report containing the statistics 
     demonstrating the relative reduction in recidivism for 
     inmates released by the Bureau of Prisons within that fiscal 
     year and the 2 prior fiscal years, comparing inmates who 
     participated in major inmate programs (including residential 
     drug treatment, vocational training, and prison industries) 
     with inmates who did not participate in such programs. Such 
     statistics shall be compiled separately for each such fiscal 
     year.
       (B) Scope.--A report under this paragraph is not required 
     to include statistics for a fiscal year that begins before 
     the date of the enactment of this Act.
       (C) Contents.--Each report under this paragraph shall 
     provide the recidivism statistics for the Bureau of Prisons 
     as a whole, and separately for each institution of the 
     Bureau.
       (2) Measure used.--In preparing the reports required by 
     paragraph (1), the Director shall, in consultation with the 
     Director of the Bureau of Justice Statistics, select a 
     measure for recidivism (such as rearrest, reincarceration, or 
     any other valid, evidence-based measure) that the Director 
     considers appropriate and that is consistent with the 
     research undertaken by the Bureau of Justice Statistics under 
     section 241(b)(6).
       (3) Goals.--
       (A) In general.--After the Director submits the first 
     report required by paragraph (1), the Director shall 
     establish goals for reductions in recidivism rates and shall 
     work to attain those goals.
       (B) Contents.--The goals established under subparagraph (A) 
     shall use the relative reductions in recidivism measured for 
     the fiscal year covered by that first report as a baseline 
     rate, and shall include--
       (i) a 5-year goal to increase, at a minimum, the baseline 
     relative reduction rate by 2 percent; and
       (ii) a 10-year goal to increase, at a minimum, the baseline 
     relative reduction rate by 5 percent within 10 fiscal years.
       (d) Format.--Any written information that the Bureau of 
     Prisons provides to inmates for reentry planning purposes 
     shall use common terminology and language.
       (e) Medical Care.--The Bureau of Prisons shall provide the 
     United States Probation and Pretrial Services System with 
     relevant information on the medical care needs and the mental 
     health treatment needs of inmates scheduled for release from 
     custody. The United States Probation and Pretrial Services 
     System shall take this information into account when 
     developing supervision plans in an effort to address the 
     medical care and mental health care needs of such 
     individuals. The Bureau of Prisons shall provide inmates with 
     a sufficient amount of all necessary medications (which will 
     normally consist of, at a minimum, a 2-week supply of such 
     medications) upon release from custody.

     SEC. 235. AUTHORIZATION OF APPROPRIATIONS FOR BUREAU OF 
                   PRISONS.

       There are authorized to be appropriated to the Director to 
     carry out sections 231, 232, 233, and 234 of this chapter, 
     $5,000,000 for each of the fiscal years 2008 and 2009.

     SEC. 236. ENCOURAGEMENT OF EMPLOYMENT OF FORMER PRISONERS.

       The Attorney General, in consultation with the Secretary of 
     Labor, shall take such steps as are necessary to implement a 
     program to educate employers and the one-stop partners and 
     one-stop operators (as such terms are defined in section 101 
     of the Workforce Investment Act of 1998 (29 U.S.C. 2801)) 
     that provide services at any center operated under a one-stop 
     delivery system established under section 134(c) of the 
     Workforce Investment Act of 1998 (29 U.S.C. 2864(c)) 
     regarding incentives (including the Federal bonding program 
     of the Department of Labor and tax credits) for hiring former 
     Federal, State, or local prisoners.

     SEC. 237. ELDERLY NONVIOLENT OFFENDER PILOT PROGRAM.

       (a) Program Established.--
       (1) In general.--Notwithstanding section 3624 of title 18, 
     United States Code, or any other provision of law, the 
     Director shall conduct a pilot program to determine the 
     effectiveness of removing each eligible elderly offender from 
     a Bureau of Prison facility and placing that offender on home 
     detention until the date on which the term of imprisonment to 
     which that offender was sentenced expires.
       (2) Timing of placement in home detention.--
       (A) In general.--In carrying out the pilot program under 
     paragraph (1), the Director shall--
       (i) in the case of an offender who is determined to be an 
     eligible elderly offender on or before the date specified in 
     subparagraph (B), place such offender on home detention not 
     later than 180 days after the date of enactment of this Act; 
     and
       (ii) in the case of an offender who is determined to be an 
     eligible elderly offender after the date specified in 
     subparagraph (B) and before the date that is 3 years and 91 
     days after the date of enactment of this Act, place such 
     offender on home detention not later than 90 days after the 
     date of that determination.
       (B) Date specified.--For purposes of subparagraph (A), the 
     date specified in this subparagraph is the date that is 90 
     days after the date of enactment of this Act.
       (3) Violation of terms of home detention.--A violation by 
     an eligible elderly offender of the terms of home detention 
     (including the commission of another Federal, State, or local 
     crime) shall result in the removal of that offender from home 
     detention and the return of that offender to the designated 
     Bureau of Prisons institution in which that offender was 
     imprisoned immediately before placement on home detention 
     under paragraph (1).
       (b) Scope of Pilot Program.--
       (1) Participating designated facilities.--The pilot program 
     under subsection (a) shall be conducted through at least 1 
     Bureau of Prisons institution designated by the Director as 
     appropriate for the pilot program.
       (2) Duration.--The pilot program shall be conducted during 
     each of fiscal years 2008 and 2009.
       (c) Program Evaluation.--
       (1) In general.--The Director shall contract with an 
     independent organization to monitor and evaluate the progress 
     of each eligible elderly offender placed on home detention 
     under subsection (a)(1) for the period that offender is on 
     home detention during the period described in subsection 
     (b)(2).
       (2) Annual report.--The organization described in paragraph 
     (1) shall annually submit to the Director and to Congress a 
     report on the pilot program under subsection (a)(1), which 
     shall include--
       (A) an evaluation of the effectiveness of the pilot program 
     in providing a successful transition for eligible elderly 
     offenders from incarceration to the community, including data 
     relating to the recidivism rates for such offenders; and
       (B) the cost savings to the Federal Government resulting 
     from the early removal of such offenders from incarceration.
       (3) Program adjustments.--Upon review of the report 
     submitted under paragraph (2), the Director shall submit 
     recommendations to Congress for adjustments to the pilot 
     program, including its expansion to additional facilities.
       (d) Definitions.--In this section:
       (1) Eligible elderly offender.--The term ``eligible elderly 
     offender'' means an offender in the custody of the Bureau of 
     Prisons who--
       (A) is not less than 60 years of age;
       (B) is serving a term of imprisonment after conviction for 
     an offense other than a crime of violence (as that term is 
     defined in section 16 of title 18, United States Code) and 
     has served the greater of 10 years or \1/2\ of the term of 
     imprisonment of that offender;
       (C) has not been convicted in the past of any Federal or 
     State crime of violence;
       (D) has not been determined by the Bureau of Prisons, on 
     the basis of information the Bureau uses to make custody 
     classifications, and in the sole discretion of the Bureau, to 
     have a history of violence; and
       (E) has not escaped, or attempted to escape, from a Bureau 
     of Prisons institution.
       (2) Home detention.--The term ``home detention'' has the 
     same meaning given the term in the Federal Sentencing 
     Guidelines, and includes detention in a nursing home or other 
     residential long-term care facility.
       (3) Term of imprisonment.--The term ``term of 
     imprisonment'' includes multiple terms of imprisonment 
     ordered to run consecutively or concurrently, which shall be 
     treated as a single, aggregate term of imprisonment for 
     purposes of this section.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section $5,000,000 for 
     each of fiscal years 2008 and 2009.

[[Page 8380]]



                      CHAPTER 2--REENTRY RESEARCH

     SEC. 241. OFFENDER REENTRY RESEARCH.

       (a) National Institute of Justice.--The National Institute 
     of Justice may conduct research on juvenile and adult 
     offender reentry, including--
       (1) a study identifying the number and characteristics of 
     minor children who have had a parent incarcerated, and the 
     likelihood of such minor children becoming involved in the 
     criminal justice system some time in their lifetime;
       (2) a study identifying a mechanism to compare rates of 
     recidivism (including rearrest, violations of parole, 
     probation, post-incarceration supervision, and 
     reincarceration) among States; and
       (3) a study on the population of offenders released from 
     custody who do not engage in recidivism and the 
     characteristics (housing, employment, treatment, family 
     connection) of that population.
       (b) Bureau of Justice Statistics.--The Bureau of Justice 
     Statistics may conduct research on offender reentry, 
     including--
       (1) an analysis of special populations (including prisoners 
     with mental illness or substance abuse disorders, female 
     offenders, juvenile offenders, offenders with limited English 
     proficiency, and the elderly) that present unique reentry 
     challenges;
       (2) studies to determine which offenders are returning to 
     prison, jail, or a juvenile facility and which of those 
     returning offenders represent the greatest risk to victims 
     and community safety;
       (3) annual reports on the demographic characteristics of 
     the population returning to society from prisons, jails, and 
     juvenile facilities;
       (4) a national recidivism study every 3 years;
       (5) a study of parole, probation, or post-incarceration 
     supervision violations and revocations; and
       (6) a study concerning the most appropriate measure to be 
     used when reporting recidivism rates (whether rearrest, 
     reincarceration, or any other valid, evidence-based measure).
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section $1,000,000 for 
     each of fiscal years 2008 and 2009.

     SEC. 242. GRANTS TO STUDY PAROLE OR POST-INCARCERATION 
                   SUPERVISION VIOLATIONS AND REVOCATIONS.

       (a) Grants Authorized.--From amounts made available to 
     carry out this section, the Attorney General may make grants 
     to States to study and to improve the collection of data with 
     respect to individuals whose parole or post-incarceration 
     supervision is revoked, and which such individuals represent 
     the greatest risk to victims and community safety.
       (b) Application.--As a condition of receiving a grant under 
     this section, a State shall--
       (1) certify that the State has, or intends to establish, a 
     program that collects comprehensive and reliable data with 
     respect to individuals described in subsection (a), including 
     data on--
       (A) the number and type of parole or post-incarceration 
     supervision violations that occur with the State;
       (B) the reasons for parole or post-incarceration 
     supervision revocation;
       (C) the underlying behavior that led to the revocation; and
       (D) the term of imprisonment or other penalty that is 
     imposed for the violation; and
       (2) provide the data described in paragraph (1) to the 
     Bureau of Justice Statistics, in a form prescribed by the 
     Bureau.
       (c) Analysis.--Any statistical analysis of population data 
     under this section shall be conducted in accordance with the 
     Federal Register Notice dated October 30, 1997, relating to 
     classification standards.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section $1,000,000 for 
     each of fiscal years 2008 and 2009.

     SEC. 243. ADDRESSING THE NEEDS OF CHILDREN OF INCARCERATED 
                   PARENTS.

       (a) Best Practices.--
       (1) In general.--The Attorney General shall collect data 
     and develop best practices of State corrections departments 
     and child protection agencies relating to the communication 
     and coordination between such State departments and agencies 
     to ensure the safety and support of children of incarcerated 
     parents (including those in foster care and kinship care), 
     and the support of parent-child relationships between 
     incarcerated (and formerly incarcerated) parents and their 
     children, as appropriate to the health and well-being of the 
     children.
       (2) Contents.--The best practices developed under paragraph 
     (1) shall include information related to policies, 
     procedures, and programs that may be used by States to 
     address--
       (A) maintenance of the parent-child bond during 
     incarceration;
       (B) parental self-improvement; and
       (C) parental involvement in planning for the future and 
     well-being of their children.
       (b) Dissemination to States.--Not later than 1 year after 
     the date of enactment of this Act, the Attorney General shall 
     disseminate to States and other relevant entities the best 
     practices described in subsection (a).
       (c) Sense of Congress.--It is the sense of Congress that 
     States and other relevant entities should use the best 
     practices developed and disseminated in accordance with this 
     section to evaluate and improve the communication and 
     coordination between State corrections departments and child 
     protection agencies to ensure the safety and support of 
     children of incarcerated parents (including those in foster 
     care and kinship care), and the support of parent-child 
     relationships between incarcerated (and formerly 
     incarcerated) parents and their children, as appropriate to 
     the health and well-being of the children.

            CHAPTER 3--CORRECTIONAL REFORMS TO EXISTING LAW

     SEC. 251. CLARIFICATION OF AUTHORITY TO PLACE PRISONER IN 
                   COMMUNITY CORRECTIONS.

       (a) Pre-Release Custody.--Section 3624(c) of title 18, 
     United States Code, is amended to read as follows:
       ``(c) Pre-Release Custody.--
       ``(1) In general.--The Director of the Bureau of Prisons 
     shall, to the extent practicable, ensure that a prisoner 
     serving a term of imprisonment spends a portion of the final 
     months of that term (not to exceed 12 months), under 
     conditions that will afford that prisoner a reasonable 
     opportunity to adjust to and prepare for the reentry of that 
     prisoner into the community. Such conditions may include a 
     community correctional facility.
       ``(2) Home confinement authority.--The authority under this 
     subsection may be used to place a prisoner in home 
     confinement for the shorter of 10 percent of the term of 
     imprisonment of that prisoner or 6 months.
       ``(3) Assistance.--The United States Probation System 
     shall, to the extent practicable, offer assistance to a 
     prisoner during pre-release custody under this subsection.
       ``(4) No limitations.--Nothing in this subsection shall be 
     construed to limit or restrict the authority of the Director 
     of the Bureau of Prisons under section 3621.
       ``(5) Reporting.--Not later than 1 year after the date of 
     enactment of the Recidivism Reduction and Second Chance Act 
     of 2007 (and every year thereafter), the Director of the 
     Bureau of Prisons shall transmit to the Committee on the 
     Judiciary of the Senate and the Committee on the Judiciary of 
     the House of Representatives a report describing the Bureau's 
     utilization of community corrections facilities. Each report 
     under this paragraph shall set forth the number and 
     percentage of Federal prisoners placed in community 
     corrections facilities during the preceding year, the average 
     length of such placements, trends in such utilization, the 
     reasons some prisoners are not placed in community 
     corrections facilities, and any other information that may be 
     useful to the committees in determining if the Bureau is 
     utilizing community corrections facilities in an effective 
     manner.
       ``(6) Issuance of regulations.--The Director of Bureau of 
     Prisons shall issue regulations pursuant to this subsection 
     not later than 90 days after the date of enactment of the 
     Recidivism Reduction and Second Chance Act of 2007.''.
       (b) Courts May Not Require a Sentence of Imprisonment To Be 
     Served in a Community Corrections Facility.--Section 3621(b) 
     of title 18, United States Code, is amended by adding at the 
     end the following: ``Any order, recommendation, or request by 
     a sentencing court that a convicted person serve a term of 
     imprisonment in a community corrections facility shall have 
     no binding effect on the authority of the Bureau under this 
     section to determine or change the place of imprisonment of 
     that person.''.

     SEC. 252. RESIDENTIAL DRUG ABUSE PROGRAM IN FEDERAL PRISONS.

       Section 3621(e)(5)(A) of title 18, United States Code, is 
     amended by striking ``means a course of'' and all that 
     follows and inserting the following: ``means a course of 
     individual and group activities and treatment, lasting at 
     least 6 months, in residential treatment facilities set apart 
     from the general prison population (which may include the use 
     of pharmocotherapies, where appropriate, that may extend 
     beyond the 6-month period);''.

     SEC. 253. MEDICAL CARE FOR PRISONERS.

       Section 3621 of title 18, United States Code, is further 
     amended by adding at the end the following new subsection:
       ``(g) Continued Access to Medical Care.--
       ``(1) In general.--In order to ensure a minimum standard of 
     health and habitability, the Bureau of Prisons shall ensure 
     that each prisoner in a community confinement facility has 
     access to necessary medical care, mental health care, and 
     medicine.
       ``(2) Definition.--In this subsection, the term `community 
     confinement' has the meaning given that term in the 
     application notes under section 5F1.1 of the Federal 
     Sentencing Guidelines Manual, as in effect on the date of the 
     enactment of the Second Chance Act of 2007.''.

     SEC. 254. CONTRACTING FOR SERVICES FOR POST-CONVICTION 
                   SUPERVISION OFFENDERS.

       Section 3672 of title 18, United States Code, is amended by 
     inserting after the third sentence in the seventh 
     undesignated paragraph

[[Page 8381]]

     the following: ``He also shall have the authority to contract 
     with any appropriate public or private agency or person to 
     monitor and provide services to any offender in the 
     community, including treatment, equipment and emergency 
     housing, corrective and preventative guidance and training, 
     and other rehabilitative services designed to protect the 
     public and promote the successful reentry of the offender 
     into the community.''.
                                 ______
                                 
      By Mr. DURBIN (for himself and Mr. Grassley):
  S.1062. A bill to establish a congressional commemorative medal for 
organ donors and their families; to the Committee on Banking, Housing, 
and Urban Affairs.
  Mr. DURBIN. Mr. President, I am proud to be joined today by my 
colleagues, Senator Grassley from Iowa, and Representative Stark in the 
House, to introduce the William H. Frist Gift of Life Congressional 
Medal Act. This important legislation gives long overdue recognition to 
the courageous act of organ donation and encourages others to become 
new donors.
  This bill establishes a congressional medal to recognize organ donors 
and their families for their selfless acts of organ donation. The medal 
is named in honor of Dr. William H. Frist, a former transplant surgeon, 
later Senate majority leader, who first offered the Gift of Life 
Congressional Medal Act during his time in the Senate.
  Nearly 100,000 people are currently waiting for an organ transplant. 
Over 2,000 are children under age 18. In my home State of Illinois, 
nearly 5,000 men, women, and children wait for a life-saving donation. 
Sadly, the national waiting list continues to grow every year. Since 
the waiting list began, at least 75,000 donation-eligible Americans 
have died waiting for an organ to become available; in 2005 alone, over 
6,000 people died for lack of a suitable organ, including some 300 
Illinois residents. Minorities representing approximately 25 percent of 
the population comprise over 40 percent of the organ transplant waiting 
list and half of the patients who die while patiently waiting for their 
gift of life.
  Every 16 minutes, a new name is added to the growing list, while the 
hope of those who have been waiting for months and years at a time 
begins to diminish. To narrow the gap between the limited supply and 
the increasing demand for donated organs, willing donors must make 
their desire to donate clear to the only people able to make the 
decision if the occasion should arise--their immediate family members. 
Although there are up to 15,000 potential donors annually, families 
consent to donation for less than 6,000 donors.
  Congressional medals are awarded to individuals who perform an 
outstanding deed or act of service to the security, prosperity, and 
national interest of the United States. Is there a more outstanding 
deed or act than that of the gift of life? Over 21,000 Americans 
receive the gift of life each year through transplantation surgery made 
possible by the generosity of organ and tissue donors. The Gift of Life 
Congressional Medal Act would allow us to recognize these donors and 
their families and inspire others to become donors.
  This is noncontroversial, nonpartisan legislation to recognize the 
selfless act of donating one's organ for another's well-being and to 
hopefully increase the rate of organ donation. I ask my colleagues to 
help bring an end to transplant waiting lists and give recognition to 
the faith and courage displayed by organ donors and their families. 
This bill honors these brave acts, while publicizing the critical need 
for increased organ donation. I urge all of my colleagues to support 
the William H. Frist Gift of Life Congressional Medal Act.
  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. 1062

       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 ``William H. Frist Gift of 
     Life Congressional Medal Act''.

     SEC. 2. CONGRESSIONAL MEDAL.

       The Secretary of the Treasury shall design and strike a 
     bronze medal with suitable emblems, devices, and 
     inscriptions, to be determined by the Secretary of the 
     Treasury, to commemorate organ donors and their families.

     SEC. 3. ELIGIBILITY REQUIREMENTS.

       (a) In General.--Any organ donor, or the family of any 
     organ donor, shall be eligible for a medal described in 
     section 2.
       (b) Documentation.--The Secretary of Health and Human 
     Services shall direct the entity holding the Organ 
     Procurement and Transplantation Network (hereafter in this 
     Act referred to as ``OPTN'') to contract to--
       (1) establish an application procedure requiring the 
     relevant organ procurement organization, as described in 
     section 371(b)(1) of the Public Health Service Act (42 U.S.C. 
     273(b)(1)), through which an individual or their family made 
     an organ donation, to submit to the OPTN contractor 
     documentation supporting the eligibility of that individual 
     or their family to receive a medal described in section 2; 
     and
       (2) determine, through the documentation provided, and, if 
     necessary, independent investigation, whether the individual 
     or family is eligible to receive a medal described in section 
     2.

     SEC. 4. PRESENTATION.

       (a) Delivery to the Secretary of Health and Human 
     Services.--The Secretary of the Treasury shall deliver medals 
     struck pursuant to this Act to the Secretary of Health and 
     Human Services.
       (b) Delivery to Eligible Recipients.--The Secretary of 
     Health and Human Services shall direct the OPTN contractor to 
     arrange for the presentation to the relevant organ 
     procurement organization all medals struck pursuant to this 
     Act to individuals or families that, in accordance with 
     section 3, the OPTN contractor has determined to be eligible 
     to receive medals under this Act.
       (c) Limitation.--
       (1) In general.--Except as provided in paragraph (2), only 
     1 medal may be presented to a family under subsection (b). 
     Such medal shall be presented to the donating family member, 
     or in the case of a deceased donor, the family member who 
     signed the consent form authorizing, or who otherwise 
     authorized, the donation of the organ involved.
       (2) Exception.--In the case of a family in which more than 
     1 member is an organ donor, the OPTN contractor may present 
     an additional medal to each such organ donor or their family.

     SEC. 5. DUPLICATE MEDALS.

       (a) In General.--The Secretary of Health and Human Services 
     or the OPTN contractor may provide duplicates of the medal 
     described in section 2 to any recipient of a medal under 
     section 4(b), under such regulations as the Secretary of 
     Health and Human Services may issue.
       (b) Limitation.--The price of a duplicate medal shall be 
     sufficient to cover the cost of such duplicates.

     SEC. 6. NATIONAL MEDALS.

       The medals struck pursuant to this Act are national medals 
     for purposes of section 5111 of title 31, United States Code.

     SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS.

       No provision of law governing procurement or public 
     contracts shall be applicable to the procurement of goods or 
     services necessary for carrying out the provisions of this 
     Act.

     SEC. 8. SOLICITATION OF DONATIONS.

       (a) In General.--The Secretary of the Treasury may enter 
     into an agreement with the OPTN contractor to collect funds 
     to offset expenditures relating to the issuance of medals 
     authorized under this Act.
       (b) Payment of Funds.--
       (1) In general.--Except as provided in paragraph (2), all 
     funds received by the Organ Procurement and Transplantation 
     Network under subsection (a) shall be promptly paid by the 
     Organ Procurement and Transplantation Network to the 
     Secretary of the Treasury.
       (2) Limitation.--Not more than 5 percent of any funds 
     received under subsection (a) shall be used to pay 
     administrative costs incurred by the OPTN contractor as a 
     result of an agreement established under this section.
       (c) Numismatic Public Enterprise Fund.--Notwithstanding any 
     other provision of law--
       (1) all amounts received by the Secretary of the Treasury 
     under subsection (b)(1) shall be deposited in the Numismatic 
     Public Enterprise Fund, as described in section 5134 of title 
     31, United States Code; and
       (2) the Secretary of the Treasury shall charge such fund 
     with all expenditures relating to the issuance of medals 
     authorized under this Act.
       (d) Start-Up Costs.--A 1-time amount not to exceed $55,000 
     shall be provided to the OPTN contractor to cover initial 
     start-up costs. The amount will be paid back in full within 3 
     years of the date of the enactment of this Act from funds 
     received under subsection (a).
       (e) No Net Cost to the Government.--The Secretary of the 
     Treasury shall take all actions necessary to ensure that the 
     issuance of medals authorized under section 2 results in no 
     net cost to the Government.

     SEC. 9. DEFINITIONS.

       For purposes of this Act--

[[Page 8382]]

       (1) the term ``organ'' means the human kidney, liver, 
     heart, lung, pancreas, and any other human organ (other than 
     corneas and eyes) specified by regulation of the Secretary of 
     Health and Human Services or the OPTN contractor; and
       (2) the term ``Organ Procurement and Transplantation 
     Network'' means the Organ Procurement and Transplantation 
     Network established under section 372 of the Public Health 
     Service Act (42 U.S.C. 274).

     SEC. 10. SUNSET PROVISION.

       This Act shall be effective during the 2-year period 
     beginning on the date of the enactment of this Act.
                                 ______
                                 
      By Mrs. CLINTON:
  S. 1063. A bill to amend title 10, United States Code, to improve 
certain death and survivor benefits with respect to members of the 
Armed Forces, and for other purposes; to the Committee on Armed 
Services.
                                 ______
                                 
      By Mrs. CLINTON:
  S. 1064. A bill to provide for the improvement of the physical 
evaluation processes applicable to members of the Armed Forces, and for 
other purposes; to the Committee on Armed Services.
                                 ______
                                 
      By Mrs. CLINTON (for herself and Ms. Collins):
  S. 1065. A bill to improve the diagnosis and treatment of traumatic 
brain injury in members and former members of the Armed Forces, to 
review and expand telehealth and telemental health programs of the 
Department of Defense and the Department of Veterans Affairs, and for 
other purposes; to the Committee on Armed Services.
  Mrs. CLINTON. Mr. President, today, I am introducing the Heroes at 
Home Act of 2007, the Restoring Disability Benefits for Injured and 
Wounded Warriors Act of 2007, and the Protecting Military Family 
Financial Benefits Act of 2007 to serve our servicemembers and send a 
message: you will be treated as heroes before deployment, during 
deployment, and upon returning home. You didn't offer excuses and do 
not deserve to be offered excuses by your country.
  I want to thank Senator Collins for co-sponsoring the Heroes at Home 
Act of 2007 and for partnering with me on numerous pieces of 
legislation and initiatives related to these and other important health 
issues.
  This is a moment of profound challenge for our country, for our 
military, and for our men and women in uniform. And while there are 
often strong disagreements here in Washington, I hope we can unite 
around our common values and patriotism when it comes to how we treat 
our servicemembers and veterans.
  If you serve your country your country should serve you. That is the 
promise our country must keep to the men and women who enlist, who 
fight, and who return home often bearing the visible and invisible 
scars of sacrifice. Sadly, too often in the past several years, that 
promise has been broken: whether it's a lack of up-armored vehicles on 
the ground in Iraq or a lack of appropriate care in outpatient 
facilities at Walter Reed.
  Last year, I authored and passed into law the Heroes at Home 
initiative to assist returning servicemembers experiencing the complex, 
diffuse, and life-altering symptoms of traumatic brain injury and other 
mental health difficulties.
  One out of every 10 returning servicemembers are affected by 
traumatic brain injury (TBI), which has been widely identified as the 
``signature wound'' of the Global War on Terror. This includes severe 
injuries as well as invisible wounds that result in trouble remembering 
appointments, holding down a job, and returning to civilian life. 
Unfortunately, troops have an increased risk of sustaining more than 
one mild or moderate TBI because of multiple deployments and the 
prevalent use of Improved Explosive Devices by enemy combatants in 
Operation Iraqi Freedom and Operation Enduring Freedom. However, mild 
and moderate TBI may go undetected, especially if the servicemember has 
sustained more obvious injuries. Further, it can be difficult to 
distinguish mild TBI from Post Traumatic Stress Disorder since both 
conditions have common symptoms, such as irritability, anxiety and 
depression. Although many wounded servicemembers receive cognitive 
evaluations upon returning from deployment, the lack of a baseline test 
conducted prior to the injury leads these servicemembers to question 
the validity of their post-deployment assessments.
  When I visited Walter Reed a few weeks ago, I met a young Army 
soldier who had lost one arm and lost his ring finger because his 
wedding band had melted onto it. I asked him how he was doing, and he 
said, ``You know, I'm working hard at my rehabilitation and they're 
taking great care of me with my prosthetics.''
  He said, ``but what really bothers me is my memory. I don't have the 
focus that I used to have. I can't really set out tasks and know that I 
can accomplish them.'' And he said, ``That's the thing that really 
bothers me I've got to have my brain back.''
  His story, and the stories of hundreds of other servicemembers like 
him, demonstrates that we need to do more to help rapid identification 
of traumatic brain injury in order to facilitate the best care once the 
servicemembers return home, and expand support systems for members and 
former members of the Armed Services with traumatic brain injury and 
their families.
  That's why I, along with Senator Collins, am introducing the Heroes 
at Home Act of 2007 today, to build on last year's Heroes at Home 
initiative. I am grateful to have developed this proposal with the 
Wounded Warrior Project, the National Military Family Association, the 
Military Officers Association of America, and the American Academy of 
Neurology.
  We should provide pre-deployment cognitive screening to better 
diagnose and treat traumatic brain injury when these men and women 
return home. This legislation will improve detection of mild and 
moderate TBI by implementing an objective, computer-based assessment 
protocol to measure cognitive functioning both prior to and after 
deployment. This baseline test will help detect mild and moderate cases 
of TBI and distinguish them from PTSD. My legislation will also require 
that the same assessment tool be used across all branches of the 
6yArmed Services and for every member of the Armed Forces who will be 
deployed to Iraq and Afghanistan.
  We should also help families take care of a loved one by providing 
them with training to become certified caregivers, so that they can 
receive compensation for care giving they already provide. Family 
members of returning soldiers with TBI are often ill-equipped to handle 
the demands of caring for their loved one, which in some bases can 
become a full-time responsibility. My legislation will establish a 
Traumatic Brain Injury Family Caregiver Personal Care Attendant 
Training and Certification Program, which would train and certify 
family caregivers of TBI patients as personal care attendants, enabling 
them to provide quality care at home and at the same time qualify for 
compensation from the VA.
  Finally, we should explore new ways to treat TBI in rural settings 
and outpatient clinics through telemedicine. Servicemembers and 
veterans continue to face problems in accessing needed medical and 
mental health care, especially veterans or Guard and Reserve members 
who live in rural areas. The Heroes at Home Act of 2007 will help 
increase the reach of needed care for TBI by creating a demonstration 
project, administered jointly by the Departments of Defense and 
Veterans Affairs that would use telehealth technology to assess TBI and 
related mental health conditions and facilitate rehabilitation and 
dissemination of educational material on techniques, strategies and 
skills for servicemembers with TBI.
  On March 6, 2007 Chief of Staff of the Army General Peter Schoomaker 
and the then Army Surgeon General Lieutenant General Kevin C. Kiley, 
testified before the Senate Armed Services Committee that soldiers 
appearing before the Physical Evaluation Board were ``short-changed'' 
and had not received appropriate disability benefits. According to the 
Congressional Research Service, since the enactment of the Traumatic 
Servicemembers Group

[[Page 8383]]

Life Insurance program at least 45 percent of claims have been denied. 
In March 2006 the Comptroller General issued GAO Report 06-362: 
Military Disability System: Improved Oversight Needed to Ensure 
Consistent and Timely Outcomes for Reserve and Active Duty Service 
Members--the Department of Defense did not heed the recommendations 
provided in this report and as a result injured and wounded warriors 
continue to languish in an inefficient and adversarial disability 
system.
  I am also introducing legislation to fix the disability benefits 
system for our wounded warriors. When I've visited Walter Reed, one 
common thread uniting the problems is the disjointed and unfair process 
for evaluating disabilities. There were only three lawyers and one 
paralegal assigned to Walter Reed's entire evaluation process. Compare 
that to 4,000 Army JAG lawyers assigned to active duty, the National 
Guard, and the Reserves.
  The ``Restoring Disability Benefits for Injured and Wounded Warriors 
Act of 2007'' will restore disability benefits for wounded and injured 
members of the Armed Forces. The act will direct reviews of disability 
claims, traumatic injury claims, and the Physical Evaluation Board 
process. Additionally, the ``Restoring Disability Benefits for Injured 
and Wounded Warriors Act of 2007'' will increase the availability of 
legal counsel for members appealing their disability cases, and direct 
the Comptroller General to provide a follow up report on the efforts 
currently being made by the Department of Defense to address certain 
deficiencies in the Disability Evaluation Systems; the adequacy of the 
Department of Veterans Affairs Disability Schedule for Ratings as it 
relates to the nature of wounds our warriors suffer in combat today; 
and to report on the standards and procedures of Physical Evaluation 
Boards.
  So I am proposing an up-and-down review of previously-denied cases 
and failed appeals, an independent review of traumatic injury claims 
under the Traumatic Servicemembers Group Life Insurance program where 
up to 45 percent of claims have been denied, and a fix to ensure 
members have the proper liaison and legal assistance when appearing 
before the Physical Evaluation Board. We must stop short-changing our 
wounded warriors.
  Finally, I am introducing the Protecting Military Family Financial 
Benefits Act of 2007 to close gaps in coverage for the Death Gratuity 
and Survivor Benefits beneficiaries and improve pre-deployment 
counseling and services for all members of the Armed Forces.
  Every day single-parents deploy to distant battlefields and leave 
their minor children in the care of a financially ill-prepared guardian 
or caretaker. Unfortunately, when tragedy strikes and a military 
servicemember makes the ultimate sacrifice, minor dependent children 
and families are excluded from benefits and entitlements. In too many 
cases pre-deployment counseling and help are under-funded or 
unavailable.
  These provisions will add an option for members of the Armed Forces 
to designate guardians or caretakers as a beneficiary for Death 
Gratuity benefits for care of dependent children and to receive 
annuities under the Survivor Benefit Plan for care of dependent 
children. These options do not exist under current law.
  The Department of Defense will be required to commission an 
independent panel to review and assess military pre-deployment 
counseling and services, and implement recommended changes and best 
practices within 120 days of receiving the report. This review will 
include pre-deployment counseling and services available for unmarried 
members of the Armed Forces with dependent children, unmarried single 
members without dependent children, and married members with or without 
dependent children.
  Specifically, what level of counseling or services are available for 
these members to maximize financial protections for the proper care of 
their surviving dependents under the Servicemembers' Group Life 
Insurance, Traumatic Servicemembers' Group Life Insurance, Death 
Gratuity, Dependency and Indemnity Compensation, Survivor Benefits 
Plan, and benefits payable under the Social Security Act.
  The review will include the preparation and maintenance of Family 
Care Plans for single-parents including elements for such plans 
relating to death benefits, wills, powers of attorney, trusts, 
safeguarding of the plan during deployment, and the acknowledgement of 
specific guardian and caretaker duties relating to use of financial 
benefits for the care of minor dependent children.
  Finally, this review will determine the adequate level of resources 
available at military pre-deployment centers including: the 
availability of legal and financial counseling, training level of pre-
deployment counselors, Family Support Group involvement, availability 
of PTSD screening, and availability of suicide prevention counseling.
  Let us all join together in accepting our responsibility as a nation 
to those who serve and resolve to improve their care for traumatic 
brain injuries, reform their disability benefits, and fix their 
survivor benefits.
  I ask unanimous consent letters of support for this legislation be 
printed in the Record.
  There being no objection, the letters were ordered to be printed in 
the Record, as follows:

                                                 Military Officers


                                       Association of America,

                                   Alexandria, VA, March 28, 2007.
     Hon. Hillary Rodham Clinton,
     U.S. Senate,
     Washington, DC.
       Dear Senator Clinton: On behalf of the 362,000 members of 
     the Military Officers Association of America (MOAA), I am 
     writing to express our support for your leadership in 
     sponsoring the ``Heroes at Home Act of 2007'' that will 
     improve the diagnosis and treatment of traumatic brain injury 
     (TBI) in current and former military members. This is a key 
     step in closing the gap and providing for a more seamless 
     transition between DoD and the VA.
       We are proud of the sacrifice our military members and 
     their families are willing to make for our country. For those 
     wounded servicemembers, their sacrifices represent an 
     especially unique population that deserves special attention. 
     Like you, we are particularly concerned about those who bear 
     the burden of what has been diagnosed as TBI, the ``signature 
     wound'' for this War on Terrorism.
       MOAA appreciates your dedication to our military community 
     and for taking the lead in sponsoring this very important 
     measure to help improve the quality of life of our wounded 
     troops and family members. Your legislation will facilitate 
     diagnosing servicemembers with TBI early in the health care 
     and rehabilitation process, it will provide a program that 
     will ensure family caregivers have the resources and training 
     they need to care for their loved ones, and allows for a 
     demonstration project to evaluate existing technology and 
     identify effective telehealth or telemental health resources 
     within the DoD and VA systems.
       MOAA thanks you for introducing this legislation. We look 
     forward to working closely with you in seeking timely 
     enactment of this legislation in the 110th Congress.
           Sincerely and Thank You,
                                                  Norbert R. Ryan,
     President and CEO.
                                  ____

                                                 National Military


                                     Family Association, Inc.,

                                   Alexandria, VA, March 29, 2007.
     Hon. Hillary Rodham Clinton,
     U.S. Senate,
     Washington, DC.
       Dear Senator Clinton: The National Military Family 
     Association (NMFA) is the only national organization whose 
     sole focus is the military family and whose goal is to 
     influence the development and implementation of policies that 
     will improve the lives of the families of the Army, Navy, Air 
     Force, Marine Corps, Coast Guard, and the Commissioned Corps 
     of the Public Health Service and the National Oceanic and 
     Atmospheric Administration. For more than 35 years, its staff 
     and volunteers, comprised mostly of military members, have 
     built a reputation for being the leading experts on military 
     family issues. On behalf of NMFA and the families it serves, 
     we commend your proposal of the Heroes at Home Act of 2007 
     that builds on previous legislation.
       The National Military Family Association supports this 
     legislation addressing several issues affecting military 
     service members, veterans and their families. Traumatic Brain 
     Injury (TBI) has been found to be the signature wound of 
     service members serving in Operation Enduring Freedom and 
     Operation Iraqi Freedom. Establishing a protocol for 
     obtaining a baseline measurement for cognitive functioning of 
     service members would

[[Page 8384]]

     provide a better understanding of TBI. NMFA is concerned with 
     the lack of knowledge regarding mild and moderate TBI 
     incidents, its long term effects on service members and 
     potential long-term impact on the resources required by the 
     DoD and VA health care systems. Also, research on TBI will 
     help to identify better methods for diagnosis and treatment 
     of this condition. Establishing a training and certification 
     program for family caregivers recognizes the important 
     commitment family members make in caring for their loved ones 
     diagnosed with TBI.
       Access to health care and counseling is a major challenge 
     facing returning service members and veterans living in rural 
     areas. Telehealth and telemental health services would offer 
     an alternative to long travel time and encourage service 
     members and veterans to make greater use of these needed 
     services. Additionally, partnering with existing resources 
     offers an efficient way to deliver these services.
       Thank you for your support of military service members and 
     veterans diagnosed with TBI, and the families who care for 
     them. If you have any questions you may contact Barbara 
     Cohoon in our Government Relations department.
           Sincerely,
                                                Tanna K. Schmidli,
     Chairman, Board of Governors.
                                  ____



                                American Academy of Neurology,

                                     St. Paul, MN, March 28, 2007.
     Hon. Hillary Clinton,
     Russell Senate Office Building,
     Washington, DC.
       Dear Senator Clinton: The American Academy of Neurology 
     (AAN), representing over 20,000 neurologists and neuroscience 
     professionals, believes that our veterans deserve the best 
     possible care and treatment for neurological injuries 
     sustained in their service to our country. The conflicts in 
     Iraq and Afghanistan have created an emerging epidemic of 
     traumatic brain injury (TBI) among combat veterans.
       For that reason, we are proud to support your Heroes at 
     Home Act of 2007. TBI is associated with cognitive 
     dysfunction, post-traumatic epilepsy, headaches and other 
     motor and sensory neurological complications. It is essential 
     that the federal government provide all veterans with access 
     to the necessary neurological interventions and long-term 
     treatments that their injuries require. The Heroes at Home 
     Act of 2007 makes great steps towards providing that care.
       Specifically, the AAN strongly supports the Act's 
     provisions to implement fully pre- and post-deployment 
     cognitive and memory screening of all active duty and reserve 
     personnel.
       The AAN also supports the bill's provision to expand 
     telehealth and telemental health services offered by the VA 
     to improve the surveillance and treatment of veterans with 
     TBI and related seizure disorders. Ongoing outreach to 
     veterans suffering TBI is essential, especially those who are 
     discharged and return to rural communities.
       Lastly, the AAN supports the Heroes at Home Act's 
     implementation of a national program to train veterans who 
     have experienced a TBI, their family caregivers and personal 
     care attendants in the skills necessary to manage the long-
     term consequences of TBI.
           Sincerely,
                                                  Thomas R. Swift,
     President.
                                  ____

                                          Brain Injury Association


                                                   of America,

                                       McLean, VA, March 28, 2007.
     Sen. Hillary Rodham Clinton,
     Russell Senate Building,
     U.S. Senate,
     Washington, DC.
       Dear Senator Clinton: The Brain Injury Association of 
     America enthusiastically endorses the ``Heroes at Home Act of 
     2007'' as a critical move forward in meeting the 
     rehabilitation and emotional adjustment needs of traumatic 
     brain injury (TBI) survivors of Operation Iraq Freedom (OIF) 
     and Operation Enduring Freedom (OEF).
       The Brain Injury Association of America and its nationwide 
     network of state affiliates commend you for recognizing the 
     critical role played by family caregivers in facilitating 
     recovery from brain injury and for addressing the pressing 
     need to increase support for these caregivers by providing 
     access to education, training and financial compensation.
       The Brain Injury Association of America also applauds the 
     steps this bill takes to establish a protocol for the 
     assessment and documentation of cognitive functioning of each 
     member of the Armed Forces both before and after deployment, 
     including appropriate mechanisms to permit the differential 
     diagnosis of TBI and post traumatic stress disorder (PTSD) in 
     returning service members. It is time to make use of the 
     increased availability of superior technology in detecting 
     and treating TBI among all Armed Services personnel.
       The Brain Injury Association of America is proud to endorse 
     the ``Heroes at Home Act of 2007,'' and commends your 
     leadership on one of the most important issues related to the 
     War on Terror, the unanticipated high incidence of traumatic 
     brain injuries among America's brave service members.
           Sincerely,
                                                 Susan H. Connors,
     President/CEO.
                                  ____



                                      Wounded Warrior Project,

                                 Jacksonville, FL, March 29, 2007.
     Hon. Hillary Rodham Clinton,
     U.S. Senate,
     Washington, DC.
       Dear Senator Clinton: The Wounded Warrior Project (WWP) 
     strongly supports your legislation entitled the ``Heroes At 
     Home Act of 2007'' that you will soon be introducing. We are 
     especially grateful that, included in your legislation are 
     provisions brought to your attention by our organization. 
     These provisions require the Department of Defense to perform 
     a pre-deployment cognitive assessment on all servicemembers 
     and will require the Department of Veterans Affairs to 
     establish a Personal Care Attendant (PCA) Training and 
     Certification program for family caregivers of severely brain 
     injured servicemembers.
       Traumatic Brain Injury (TBI) has been called the 
     ``signature wound'' of the Global War on Terror. Many wounded 
     servicemembers have received cognitive evaluations upon 
     returning from deployment, but question the value of their 
     assessment as no baseline test was conducted prior to the 
     injury. The adoption of a ``Pre-Deployment Cognitive 
     Assessment'' would assist both the Departments of Defense and 
     Veterans Affairs in the diagnosis and treatment of brain 
     injured servicemembers and, in some cases, help enhance the 
     ability to distinguish between Post Traumatic Stress Disorder 
     (PTSD) and TBI.
       The second provision, the ``Traumatic Brain Injury Family 
     Caregiver Personal Care Attendant (PCA) Training and 
     Certification program'' would offer family members serving as 
     the primary caregivers for severely traumatically brain 
     injured servicemembers training and certification from the 
     Department of Veterans Affairs (VA) as a personal care 
     attendant. They would also then qualify for VA payment for 
     services rendered to the TBI veteran in their care. In many 
     circumstances, the family caregiver is forced to leave his/
     her job to provide the necessary care for their loved one, 
     leaving the entire family in an adverse economic situation. 
     In these cases, the family member often develops critical 
     skills to assist in the servicemember's care but have been 
     denied financial compensation for such labor. This program 
     would be offered through the four Tier I VA Polytrauma 
     centers on a rotating and regular basis.
       These provisions, as well as the Telehealth and TeleMental 
     Health study, contained in the ``Heroes At Home Act'' will go 
     far towards insuring the long term health and well-being of 
     service members incurring Traumatic Brain Injury. Again, WWP 
     thanks you for your leadership on these issues and we stand 
     committed to assisting you in seeing this legislation through 
     to passage and enactment.
           Sincerely,
                                                       John Melia,
                                               Executive Director.
                                 ______
                                 
      By Mr. DODD (for himself, Mr. Kerry, Mr. Durbin, and Mr. 
        Feingold):
  S. 1066. A bill to require the Secretary of Education to revise 
regulations regarding student loan repayment deferment with respect to 
borrowers who are in postgraduate medical or dental internship, 
residency, or fellowship programs; to the Committee on Health, 
Education, Labor, and Pensions.
  Mr. DODD. Mr. President, I rise today with Senators Kerry, Durbin, 
and Feingold to introduce the Medical Education Affordability Act, 
MEAA. The purpose of this bill is to make medical and dental education 
more affordable.
  Upon graduation from college, students who can demonstrate economic 
hardship are eligible to extend their student loan deferment for up to 
3 additional years. Using the economic hardship deferment, a formula 
that takes into account earnings and debt level, the majority of 
medical and dental residents defer repayment of their student loans 
until the end of their residency period. Unfortunately, for those 
specialties that require a residency of more than 3 years--OB/GYN, 
psychiatry, general surgery, and oral maxillofacial dentistry to name a 
few--student loan repayment begins before a resident's medical or 
dental education is completed. This situation creates an enormous 
financial burden for residents who have, in most cases, incurred 
significant debt. In 2006, the average indebtedness for graduating 
medical students was $130,000, for graduating dental students it was 
$145,465. While lenders are currently required to offer

[[Page 8385]]

forbearance to medical and dental students, this is an expensive option 
as interest continues to accrue and may be capitalized more.often.
  The Medical Education Affordability Act would solve this problem by 
extending the economic hardship deferment to cover the entire length of 
a medical or dental residency. By altering the definition we are 
removing a significant financial obstacle facing students with 
residency periods longer than 3 years. I want to stress again, 
residents will still have to demonstrate economic hardship--MEAA only 
extends the deferment for borrowers that continue to meet the debt-to-
income requirements of the economic hardship deferment.
  Mr. President, I hope my colleagues will join me in support of 
medical education by signing onto this bill. By working together, I 
believe that the Senate as a body can act to ensure that more 
individuals are able to pursue a full range of medical specialties. I 
ask unanimous request 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. 1066

       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 ``Medical Education 
     Affordability Act''.

     SEC. 2. REGULATION REVISION REQUIRED.

       (a) Action Required.--Not later than 90 days after the date 
     of enactment of this Act, the Secretary of Education shall 
     revise the regulations of the Department of Education that 
     are promulgated to carry out the provisions relating to 
     student loan repayment deferment under the Federal Family 
     Education Loan Program under part B of title IV of the Higher 
     Education Act of 1965 (20 U.S.C. 1071 et seq.), the William 
     D. Ford Federal Direct Loan Program under part D of title IV 
     of such Act (20 U.S.C. 1087a et seq.), and the Federal 
     Perkins Loan Program under part E of title IV of such Act (20 
     U.S.C. 1087aa et seq.), which are promulgated under sections 
     682.210, 685.204, and 674.34 of title 34, Code of Federal 
     Regulations, to comply with the requirements of subsection 
     (b).
       (b) Requirements.--The student loan repayment deferment 
     regulations shall be revised to provide, with respect to a 
     borrower who is in a postgraduate medical or dental 
     internship, residency, or fellowship program, that if the 
     borrower qualifies for student loan repayment deferment under 
     the economic hardship provision--
       (1) the deferment shall be available for the length of the 
     internship, residency, or fellowship program if the program--
       (A) must be successfully completed by the borrower before 
     the borrower may begin professional practice or service; or
       (B) leads to a degree or certificate awarded by a health 
     professional school, hospital, or health care facility that 
     offers postgraduate training; and
       (2) the borrower shall not be required to apply annually 
     for such student loan repayment deferment during the length 
     of the program.
                                 ______
                                 
      By Mr. OBAMA (for himself, Mr. Kerry, Mrs. Clinton, and Mr. 
        Durbin):
  S. 1067. A bill to require Federal agencies to support health impact 
assessments and take other actions to improve health and the 
environmental quality of communities, and for other purposes; to the 
Committee on Health, Education, Labor, and Pensions.
                                 ______
                                 
      By Mr. OBAMA (for himself, Mr. Kerry, and Mrs. Clinton):
  S. 1068. A bill to promote healthy communities; to the Committee on 
Health, Education, Labor, and Pensions.
  Mr. OBAMA. Mr. President, next week is National Public Health week--a 
week to raise awareness about the importance of public health all 
around this Nation. I applaud the efforts of the American Public Health 
Association in organizing events across the country to assist in this 
awareness building.
  We all know the alarming statistics demonstrating the worsening 
health status in both children and adults in this Nation. Without 
intervention, 1 in 3 children born in 2000 can expect to develop 
diabetes in their lifetime because of obesity resulting from poor 
nutrition and sedentary lifestyles. In my home State of Illinois, we 
have the highest number of lead-poisoned children in the Nation because 
of the large amount of older housing in places like Chicago. And asthma 
rates are on the rise in minority populations, reflecting worsening air 
quality in many areas.
  But what many don't know is how, and the degree to which, changes in 
the environment are contributing to this health decline. Yet, study 
after study has shown that environmental factors can be just as 
problematic as poor genes in causing disease.
  While working as a community organizer in the mid-1980s on Chicago's 
south side, I became intimately aware of the impact of the built 
environment on public health. One of the neighborhoods in which I 
worked was bordered by the highly polluted Calumet River on one side 
and railroad tracks on the other side. People didn't just grow up in 
this neighborhood--generation after generation stayed in a community 
with pollutants and extremely limited access to physical activity and 
healthy living. This image stays with me and is a motivating force to 
improve community design that includes all members of society.
  The American Public Health Association and countless other expert 
organizations have shown us that if we make a real commitment to, and 
investment in, building healthy communities, we can substantially 
improve the health of children and adults.
  There are many simple ways we can do this. Whenever we build a new 
highway or a new condo complex, we could also build a park where kids 
can play. Whenever we plan new communities, we could put grocery 
stores, restaurants and post offices within easy walking distance. We 
could take steps to ensure that factories or power plants aren't 
located near schools. We could ensure that kids are not exposed to lead 
hazards. And we could encourage the development of ``green'' homes and 
buildings that decrease energy consumption.
  And that is why I come to the floor today to reintroduce the Healthy 
Places Act, and the Healthy Communities Act. The Healthy Places Act 
would help State and local governments assess the health impact of new 
policies or projects, whether it's a new highway or a shopping center. 
And once the health impact is determined, the bill gives grant funding 
and technical assistance to help address the potential health problems. 
And while we already know a great deal about the relationship between 
the built environment and the health status of residents, the bill 
supports additional research so we can look into new environmental 
health hazards.
  The Healthy Communities Act goes hand in hand with the Healthy Places 
Act, calling for the assessment of the impact of federal policies on 
environmental health and justice. To make sure our policy decisions are 
not hurting public health, this legislation requires an Environmental 
Health Report Card for each state and the Nation at large. Since areas 
with poor environmental health tend to be disproportionately fiscally 
poor as well, this legislation establishes health action zones that 
qualify for grant assistance to address these problems. And since much 
more remains to be understood in this arena, the bill calls for 
environmental health research and for environmental health workforce 
development.
  We as a society are moving in the direction of designing communities 
with healthy living and public health in mind. For example, in Chicago, 
city leaders recognized the lack of grocery stores in many lower income 
neighborhoods, forcing families to go without fresh foods. To address 
this issue, the city's Department of Planning and Development developed 
a program called Retail Chicago, which used redevelopment funds to 
attract local developers to build grocery stores in low-income 
neighborhoods.
  While we celebrate the success of such local efforts, we must call 
upon the Federal Government to provide adequate support. And we must 
ensure that all segments of society reap the rewards of building and 
maintaining healthy communities. I thank you for this time, and I urge 
my colleagues to support the Healthy Places Act and the Healthy 
Communities Act.
                                 ______
                                 
      By Ms. SNOWE (for herself and Mr. Harkin):

[[Page 8386]]

  S. 1069. A bill to amend the Public Health Service Act regarding 
early detection, diagnosis, and treatment of hearing loss; to the 
Committee on Health, Education, Labor, and Pensions.
  Ms. SNOWE. Mr. President, I rise today to introdnce the Early Hearing 
Detection and Intervention Act of 2007. This bill is a companion bill 
to H.R. 1198, introduced in the House by Representative Lois Capps. I 
am pleased to be joined again this year by my colleague from Iowa, 
Senator Harkin, who has long been a champion of the hearing impaired. 
Together we worked to address hearing impairment in children in 1999, 
and today we unite again to achieve even greater progress for children.
  The number of Americans with a hearing loss has doubled during the 
past 30 years. Most of us associate hearing problems with the aging 
process, and it is true that the largest group of Americans suffering 
from hearing impairment are those in the 65 to 75 year age range. At 
the same time, each year more than 12,000 babies in the United States 
are born with permanent hearing loss. With another 2 to 3 of every 
1,000 newborns suffering partial hearing loss, this is the number one 
birth defect in America. Unfortunately, hearing loss can go undiagnosed 
for years.
  In recent years, scientists have stressed how crucial the first years 
of a child's life are to their future development. Specialists in 
speech and language development tell us that the crucial period for 
developing speech and communication in a child's life can begin as 
early as 6 months of age. Many babies with hearing loss experience 
delays in speech, language, and cognitive development which compromises 
the foundation they need for later schooling and success in society. 
This makes early detection and intervention of hearing loss a necessity 
if we are to ensure that all our children get the strong start they 
deserve.
  The ability to hear is a major element of one's ability to read and 
communicate. To the extent that we can help infants and young children 
overcome disabilities detected early in life, we will improve their 
ability to function in society, receive an education, obtain meaningful 
employment, and enjoy a better quality of life. Without early diagnosis 
and intervention, these children are behind the learning curve, 
literally. before they have even started. They should not be denied a 
strong start in life simply for the lack of a simple screening test.
  For 50 years, expert commissions and task forces have emphasized the 
need to detect hearing loss early. In 1989, concerned about the lack of 
progress in this area, Surgeon General C. Everett Koop set a goal that 
by the year 2000, all infants--at least 90 percent of all births or 
admissions--would be screened for hearing loss prior to discharge from 
hospital. Subsequent Federal initiatives, combined with improved 
technology and concerted action from hospitals and State agencies, have 
since led to dramatic advances in procedures for early identification. 
By the beginning of 1993, about a dozen hospitals had instituted 
essentially universal screening--defined as testing at least 90 percent 
of all newborns or infants admitted, prior to discharge. In 1997, an 
expert panel at the National Institute of Deafness and Other 
Communication Disorders recommended that the first hearing screening be 
carried out before an infant is 3 months old in order to ensure that 
treatment can begin before 6 months of age. The panel also recommended 
that the most comprehensive and effective way of ensuring screening 
before an infant is 6 months old is to have newborns screened before 
they are sent home from the hospital. Yet a 1998 report by the 
Commission on Education of the Deaf estimated that the average age at 
which a child with congenital hearing loss was identified in the United 
States was a 2\1/2\ to 3 years old, with many children not being 
identified until 5 or 6 years old.
  Today we have seen substantial progress in screening, 69 percent of 
babies are now screened for hearing loss before one month of age. This 
is an increase of 47 percent compared to back in 1998. That improvement 
is the result of a bipartisan effort I undertook with Senators Harkin 
and Frist in 1999 when we introduced the Newborn and Infant Hearing 
Screening and Intervention Act of 1999.
  That act helped states to establish programs to detect and diagnose 
hearing loss in all newborn children and to promote appropriate 
treatment and intervention for newborns with hearing loss. The 
legislation funded research by the National Institutes of Health to 
determine the best detection, diagnostic, treatment and intervention 
techniques and technologies.
  The legislation we are introducing today builds on that success. The 
bill we are introducing today provides the additional assistance 
necessary to help States in implementing programs to ensure that all 
our newborns are tested and to ensure that those identified with a 
hearing impairment get the help they need. Therefore, this legislation 
assures that reasonable action will be taken to identify hearing loss 
within the groups of newborns and infants, so we reach each child as 
early as possible. Furthermore, the bill supports the recruitment, 
retention, education, and training of qualified personnel and health 
care providers, which will provide us with the healthcare professionals 
we need. And finally the legislation sets targets for a long-term 
follow-up. It requires the development of models that reduce the loss 
to follow-up of newborns and infants who are identified with a hearing 
loss through screening.
  A baby born today will be part of this country's future. Surely we 
owe it to that child to give them a strong start on that future by 
ensuring that if they do have a hearing impairment it is diagnosed and 
treatment started well before their first year of life is completed. I 
urge my colleagues to join with Senator Harkin and myself in supporting 
the Early Hearing Detection and Intervention Act of 2007.
  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. 1069

       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 ``Early Hearing Detection and 
     Intervention Act of 2007''.

     SEC. 2. EARLY DETECTION, DIAGNOSIS, AND TREATMENT OF HEARING 
                   LOSS.

       Section 399M of the Public Health Service Act (42 U.S.C. 
     280g-1) is amended--
       (1) in the section heading, by striking ``INFANTS'' and 
     inserting ``NEWBORNS AND INFANTS'';
       (2) in subsection (a)--
       (A) in the matter preceding paragraph (1), by striking 
     ``newborn and infant hearing screening, evaluation and 
     intervention programs and systems'' and inserting ``newborn 
     and infant hearing screening, evaluation, diagnosis, and 
     intervention programs and systems, and to assist in the 
     recruitment, retention, education, and training of qualified 
     personnel and health care providers,''; and
       (B) by amending paragraph (1) to read as follows:
       ``(1) To develop and monitor the efficacy of statewide 
     programs and systems for hearing screening of newborns and 
     infants; prompt evaluation and diagnosis of children referred 
     from screening programs; and appropriate educational, 
     audiological, and medical interventions for children 
     identified with hearing loss. Early intervention includes 
     referral to and delivery of information and services by 
     schools and agencies, including community, consumer, and 
     parent-based agencies and organizations and other programs 
     mandated by part C of the Individuals with Disabilities 
     Education Act, which offer programs specifically designed to 
     meet the unique language and communication needs of deaf and 
     hard of hearing newborns and infants. Programs and systems 
     under this paragraph shall establish and foster family-to-
     family support mechanisms that are critical in the first 
     months after a child is identified with hearing loss.''; and
       (C) by adding at the end the following:
       ``(3) To develop efficient models to ensure that newborns 
     and infants who are identified with a hearing loss through 
     screening are not lost to follow-up by a qualified health 
     care provider. These models shall be evaluated for their 
     effectiveness, and State agencies shall be encouraged to 
     adopt models that effectively reduce loss to follow-up.
       ``(4) To ensure an adequate supply of qualified personnel 
     to meet the screening, evaluation, and early intervention 
     needs of children.'';

[[Page 8387]]

       (3) in subsection (b)--
       (A) in paragraph (1)(A), by striking ``hearing loss 
     screening, evaluation, and intervention programs'' and 
     inserting ``hearing loss screening, evaluation, diagnosis, 
     and intervention programs'';
       (B) in paragraph (2)--
       (i) by striking ``for purposes of this section, continue'' 
     and insert the following: ``for purposes of this section--
       ``(A) continue'';
       (ii) by striking the period at the end and inserting ``; 
     and''; and
       (iii) by adding at the end the following:
       ``(B) establish a postdoctoral fellowship program to foster 
     research and development in the area of early hearing 
     detection and intervention.'';
       (4) in paragraphs (2) and (3) of subsection (c), by 
     striking the term ``newborn and infant hearing screening, 
     evaluation and intervention programs'' each place such term 
     appears and inserting ``newborn and infant hearing screening, 
     evaluation, diagnosis, and intervention programs''; and
       (5) in subsection (e)--
       (A) in paragraph (3), by striking ``ensuring that families 
     of the child'' and all that follows and inserting ``ensuring 
     that families of the child are provided comprehensive, 
     consumer-oriented information about the full range of family 
     support, training, information services, and language and 
     communication options and are given the opportunity to 
     consider and obtain the full range of early intervention 
     services, educational and program placements, and other 
     options for their child from highly qualified providers.''; 
     and
       (B) in paragraph (6), by striking ``, after rescreening,''; 
     and
       (6) in subsection (f)--
       (A) in paragraph (1), by striking ``fiscal year 2002'' and 
     inserting ``fiscal years 2008 through 2013'';
       (B) in paragraph (2), by striking ``fiscal year 2002'' and 
     inserting ``fiscal years 2008 through 2013''; and
       (C) in paragraph (3), by striking ``fiscal year 2002'' and 
     inserting ``fiscal years 2008 through 2013''.
                                 ______
                                 
      By Mr. HATCH (for himself, Mrs. Lincoln, Mr. Smith, and Mr. 
        Kohl):
  S. 1070. A bill to amend the Social Security Act to enhance the 
social security of the Nation by ensuring adequate public-private 
infrastructure and to resolve to prevent, detect, treat, intervene in, 
and prosecute elder abuse, neglect, and exploitation, and for other 
purposes; to the Committee on Finance.
  Mr. HATCH. Mr. President, with my colleagues, Senator Blanche 
Lincoln, Senator Gordon Smith and Senator Herb Kohl, I rise to 
introduce the Elder Justice Act of 2007.
  Senators Lincoln, Smith, Kohl and I introduced similar legislation 
last Congress and former Senator John Breaux and I were the lead 
sponsors of the Elder Justice Act in the 107th and 108th Congresses, 
with the strong support of Senators Lincoln, Smith and Kohl. While the 
legislation has been reported unanimously by the Finance Committee in 
the 109th and 108th Congresses, it, unfortunately, has not become law. 
I am here to say that will not be the case this Congress.
  I would like to take this opportunity to highlight the provision of 
the Elder Justice Act. This legislation establishes an Elder Justice 
Coordinating Council to make recommendations to the Secretary of Health 
and Human Services on the coordination of activities of the Federal, 
State, local and private agencies and entities relating to elder abuse, 
neglect and exploitation. It also provides a first time direct funding 
stream separate from the Social Services Block Grant for adult 
protective services. In addition, the Elder Justice Act creates an 
advisory board to create a short and long-term multidisciplinary 
strategic plan for the developing field of elder justice.
  The legislation creates new forensic centers to promote detection and 
increase expertise--new programs will train health professionals in 
both forensic pathology and geriatrics. The bill also authorizes $10 
million for national organizations or States that represent or train 
long-term care ombudsman representatives to provide training, technical 
assistance, demonstration programs and research to improve ombudsman 
effectiveness in addressing abuse and neglect in nursing homes and 
assisted living facilities.
  In addition, the Elder Justice Act requires immediate reporting to 
law enforcement of crimes in a long-term care facility. It also allows 
the seven State demonstration projects authorized through the Medicare 
Modernization Act of 2003 to be completed and directs the Secretary of 
Health and Human Services to report the findings to the appropriate 
congressional committees no later than six months after the completion 
of the demonstration projects. The bill also authorizes $500,000 to 
determine the efficacy of establishing and maintaining a national nurse 
aide registry. Finally, the legislation authorizes $20 million in 
grants to enhance long-term care staffing through training and 
recruitment to establish employee incentives including career and wage 
benefit ladders and programs to improve management practices.
  With more than 77 million baby boomers retiring over the next three 
decades, we cannot wait any longer for this legislation to pass. One of 
my top priorities of the 110th Congress is having the Elder Justice Act 
signed into law. Older Americans deserve nothing less.
  In closing, our legislation has been endorsed by the Elder Justice 
Coalition, a national membership organization dedicated to eliminating 
elder abuse, neglect, and exploitation in America. This coalition, 
which has been a strong advocate and supporter of the Elder Justice 
Act, has over 500 members.
  I urge my colleagues to support this legislation so we can provide 
older Americans the same protections that we provide to our children 
and victims of domestic violence.
  Mr. KOHL. Mr. President, today I am pleased to be a cosponsor of the 
Elder Justice Act of 2007. As in previous Congresses, I am an original 
cosponsor and fully support the bill's goals and passage. I want to 
thank Senators Hatch, Lincoln and Smith for their continued leadership 
to make sure that our Nation finally acts in a comprehensive way to 
prevent elder abuse.
  Our Nation has for far too long turned its back on the shame of elder 
abuse. Congress has held hearings on the devastating effects of elder 
abuse for a quarter of a century. With this bill, we are finally saying 
enough is enough--elder abuse is unacceptable and we are going to act 
to stop it.
  This bill takes several important steps to make improvements to what 
is now an inadequate system of protection for our vulnerable elders. 
First, it boosts funding for the long-term care ombudsman program, 
which serves as an advocate for the elderly and disabled in long-term 
care. It also establishes an adult protective services grant program 
and forensics centers that are charged with developing expertise on 
elder abuse. In addition, it elevates the importance of elder justice 
issues by creating a coordinating council of Federal agencies that will 
make policy recommendations and submit reports to Congress every 2 
years. And the legislation requires the Departments of Labor and Health 
and Human Services to take a proactive role in funding initiatives 
aimed at improving training programs and working conditions for long-
term care professionals as a strategy for increasing the number of such 
workers during the coming years.
  As much as I support this bill, however, I am disappointed that it 
does not include one important policy that can prevent abuse--a common-
sense background check system that can screen out potential workers 
with serious criminal convictions that may put fragile seniors in long-
term care at risk.
  Almost every day, we read terrible stories about elderly patients who 
are beaten, sexually assaulted, or robbed by the very people who are 
charged with their care. Research shows that many instances of elder 
abuse could be avoided by a simple background check. It is time to put 
in place a nationwide system that can detect and prevent elder abuse. 
The seven-State pilot program that began in 2003 is an excellent start. 
Already, it is showing that States can successfully implement 
comprehensive, cost-effective programs that consolidate checks from 
State registries, State criminal records, and FBI records. In the 
coming weeks, I plan to introduce legislation that will take steps to 
make these pilot programs a reality for all States. I hope

[[Page 8388]]

my colleagues will join me in this effort.
  Again, I want to thank Senators Hatch, Lincoln, and Smith for their 
commitment to the cause of elder justice. The legislation we are 
introducing today will go a long way to focusing more attention on 
solutions for elder abuse, and developing new approaches to improve the 
quality of long-term care.
                                 ______
                                 
      By Mr. STEVENS:
  S. 1072. A bill to require Federal agencies to conduct their 
environmental, transportation, and energy-related activities in support 
of their respective missions in an environmentally, economically, and 
fiscally sound manner, and for other purposes; to the Committee on 
Homeland Security and Governmental Affairs.
  Mr. STEVENS. Mr. President, the bill that I introduce today seeks to 
codify the initiatives announced by President Bush in January of this 
year in his Executive order to strengthen Federal environmental, 
energy, and transportation management. The bill would require the head 
of agencies to improve their agency's energy efficiency and reduce 
greenhouse gas emissions through the reduction of energy intensity by 3 
percent annually through the end of fiscal year 2014 or by 30 percent 
by the end of fiscal year 2014.
  The bill would require that at least half of an agency's statutorily 
required renewable energy consumed in a fiscal year come from a new 
renewable source and allows agencies, to the extent possible, to 
implement renewable energy generation projects on agency property. The 
bill would also set energy efficiency goals for water consumption, 
acquisition of goods and services, operation of Government vehicles, 
and the acquisition of electronic products.
  This bill would put the Federal Government at the forefront of the 
Nation's efforts to improve our energy efficiency and ultimately reduce 
our greenhouse gas emissions.
  A September 2002 report from the U.S. Department of Energy entitled, 
U.S. Lighting Market Characterization. Volume I: National Lighting 
Inventory and Energy Consumption Estimate, states that 38 percent of 
all energy consumed in the United States is used to generate 
electricity and that lighting consumes 22 percent of all the 
electricity produced in the United States.
  Lighting consumes a significant percentage of the Nation's energy 
production. Because of this consumption, the bill would also require 
the Federal Government to take the lead in the use of energy efficient 
light bulbs. The bill does not specify any particular technology, but 
would define energy efficient light bulbs as those with an efficiency 
rating of not less than 30 lumens per watt. This definition would 
change from 30 lumens per watt to 45 lumens per watt in the year 2018. 
The replacement of low energy efficient light bulbs to more energy 
efficient light bulbs on Federal properties would be required to be 
completed within the next 5 years.
  Many of the new energy efficient bulbs, such as compact fluorescent 
light bulbs, contain mercury. The bill would require that a disposal 
plan be developed to support the use of these bulbs and their proper 
disposal.
  As the Nation looks to take advantage of the new energy efficient 
light bulbs at significant savings to individual households and 
businesses, the Federal Government should lead the way. The Government 
should be setting the standard for energy efficiency. This bill would 
mandate Federal Government leadership in this area with substantial 
savings in our energy consumption.
  I urge my colleagues to support these legislative concepts.
                                 ______
                                 
      By Mrs. FEINSTEIN (for herself, Ms. Collins, and Ms. Snowe):
  S. 1073. A bill to amend the Clear Air Act to promote the use of 
fuels with low lifecycle greenhouse gas emissions, to establish a 
greenhouse gas performance standard for motor vehicle fuels, to require 
a significant decrease in greenhouse gas emissions from motor vehicles, 
and for other purposes; to the Committee on Environment and Public 
Works.
  Mrs. FEINSTEIN. Mr. President, I rise today with Senators Collins and 
Snowe to introduce legislation that will significantly reduce the 
amount of greenhouse gases emitted from our Nation's transportation 
sector.
  This bill would reduce carbon dioxide emissions from passenger 
vehicles and motor vehicle fuels by 22 percent below projected levels 
under business as usual by 2030. This reduction is equivalent to the 
removal of 662 million metric tons of carbon dioxide from the 
atmosphere or taking over 108 million cars off the road for a year. 
This would save 3.6 million barrels of oil per day by 2030.
  It would achieve these reductions by requiring a: 3 percent reduction 
in emissions from the motor vehicle fuel pool by 2015, with an 
additional 3 percent reduction every 5 years, and 30 percent reduction 
in vehicle tailpipe emissions by 2016, with additional reductions every 
5 years.
  Highway vehicles are responsible for 32 percent of annual U.S. 
emissions of carbon dioxide (CO2), the primary global-
warming gas. And, motor vehicle emissions will continue to increase as 
more and more Americans purchase vehicles and the number of miles 
driven grows.
  With more than 240 million motor vehicles on the road, producing 2 
billion metric tons of carbon dioxide emissions per year, increasing 
our use of low carbon fuels is an essential part of a climate-safe 
transportation strategy.
  So, the signs could not be clearer: It's time to sound the death-
knell for the era of gas-guzzling motor vehicles. It is time to utilize 
improved vehicle technology and to increase access to cleaner, 
renewable fuels at the pump.
  First, this bill will achieve this goal by increasing the 
availability of low carbon emitting fuels for motor vehicles.
  We must start considering fuel emissions not only in terms of 
emissions produced at the tailpipe, but also in terms of the emissions 
generated by the production and transportation of fuels. The total 
emissions of a fuel, from production to end-use, are known as the 
``lifecycle emissions'' of a fuel.
  Not all fuels are created equal in terms of emissions; in fact, not 
all fuels within a give fuel category are created equal.
  For example, ethanol produced from corn emits only about 10 to 20 
percent less greenhouse gas emissions per unit of energy delivered 
compared to petroleum-based gasoline. In contrast, ethanol produced 
from cellulosic biomass achieves an 80 to 90 percent reduction in 
greenhouse gas emissions per unit of energy.
  Electricity would also qualify as an alternative fuel under this 
bill. The lifecycle emissions of electricity produced by traditional 
coal-fired power plants will be far greater than that produced by wind 
or other zero-carbon electricity generation technologies.
  By 2009, this bill would require the Environmental Protection Agency 
(EPA) to quantify the total lifecycle emissions of all motor vehicle 
fuels. The bill would also require EPA to develop a fuel labeling 
process to provide this information to consumers at the pump.
  Armed with this information about the lifecycle emissions of 
different fuels, oil refiners and importers would be required to reduce 
the greenhouse gas emissions of their entire fuel pool by 3 percent 
below projected levels by 2015. And, every 5 years thereafter, 
emissions would be cut by an additional 3 percent.
  To help fuel providers meet the mandated emissions reductions in a 
cost-effective manner, the bill would establish a carbon-credit trading 
market.
  This would reduce emissions from motor vehicle fuels by 10 percent 
below projected levels by 2030 and would increase the supply of low-
carbon fuels such as biodiesel, E-85, hydrogen, electricity, and 
others.
  Second, the bill would achieve reductions in transportation sector 
emissions by federalizing California's landmark tailpipe emissions 
standard. California passed a landmark law in 2002 that required a 
reduction in tailpipe emissions and was the first State in

[[Page 8389]]

the country to do so. This would require automakers to reduce tailpipe 
emissions, such as carbon dioxide, by 30 percent by 2016. It will also 
require EPA to tighten the reductions every 5 years.
  Combined, these provisions would achieve a 22 percent reduction in 
transportation sector emissions below projected levels by 2030.
  Additional provisions in the bill mandate: auto manufacturers to 
optimize dual-fueled vehicles to improve their fuel economy when 
running on alternative fuels, and alternative fuel vehicles, and only 
alternative fuel vehicles, come with a green fuel cap. This would alert 
consumers that these vehicles can accept other fuels besides 
traditional gasoline.
  Just as it is necessary to reduce emissions in the electricity and 
industrial sectors, it is equally necessary to reduce emissions from 
the transportation sector. This bill makes significant, yet feasible, 
strides to reduce emissions through upgrades in vehicle technology and 
the incorporation of lower lifecycle emission fuels into the motor 
vehicle fuel pool. I urge my colleagues to join me in supporting this 
bill.
  I ask unanimous consent that the text of the 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. 1073

       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 ``Clean Fuels and Vehicles Act 
     of 2007''.

     SEC. 2. FUEL WITH LOW LIFECYCLE GREENHOUSE GAS EMISSIONS; 
                   GREENHOUSE GAS EMISSION REDUCTIONS.

       Title II of the Clean Air Act (42 U.S.C. 7581 et seq.) is 
     amended by adding at the end the following:

``PART D--FUEL WITH LOW LIFECYCLE GREENHOUSE GAS EMISSIONS; GREENHOUSE 
                        GAS EMISSION REDUCTIONS

     ``SEC. 251. DEFINITIONS.

       ``In this part:
       ``(1) Greenhouse gas.--The term `greenhouse gas' means--
       ``(A) carbon dioxide;
       ``(B) methane;
       ``(C) nitrous oxide;
       ``(D) hydrofluorocarbons;
       ``(E) perfluorocarbons; and
       ``(F) sulfur hexafluoride.
       ``(2) Lifecycle greenhouse gas emissions.--The term 
     `lifecycle greenhouse gas emissions' means the aggregate 
     quantity of greenhouse gases emitted per unit of fuel from 
     production to use (including feedstock production or 
     extraction and distribution).
       ``(3) Major oil company.--The term `major oil company' has 
     the meaning given the term in section 105(b) of the Energy 
     Policy and Conservation Act (42 U.S.C. 6213(b)).
       ``(4) Motor vehicle.--The term `motor vehicle' has the 
     meaning given the term in section 216.

     ``SEC. 252. GREENHOUSE GAS EMISSION REDUCTIONS FROM FUELS 
                   AVAILABLE FOR MOTOR VEHICLES.

       ``(a) Determination Process; Fuel Emissions Baseline.--
       ``(1) In general.--Not later than January 1, 2010, the 
     Administrator shall, by regulation--
       ``(A) establish a determination process for use in 
     determining the lifecycle greenhouse gas emissions of a fuel; 
     and
       ``(B) based on the aggregate quantity and variety of fuels 
     available for motor vehicles used in the United States during 
     calendar year 2007, determine the average quantity of 
     lifecycle greenhouse gas emissions per unit of energy 
     delivered to a motor vehicle (referred to in this section as 
     the `fuel emissions baseline').
       ``(2) Considerations.--For purposes of determining the 
     lifecycle greenhouse gas emissions of a fuel under paragraph 
     (1), the Administrator shall consider--
       ``(A) greenhouse gas emissions resulting from--
       ``(i) production, extraction, distribution, transportation, 
     and end use of the fuel;
       ``(ii) issues relating to the end use efficiency of the 
     fuel;
       ``(iii) changes in land use and land cover resulting from 
     an activity described in clause (i) with respect to the fuel; 
     and
       ``(iv) net climate impacts affecting the energy and 
     agricultural sectors resulting from an activity described in 
     clause (i) with respect to the fuel; and
       ``(B) any other appropriate matters, as determined by the 
     Administrator.
       ``(3) Requirements.--The Administrator shall include in 
     regulations promulgated to carry out paragraph (1) procedures 
     by which the Administrator shall--
       ``(A) determine the lifecycle greenhouse gas emissions of a 
     fuel and the fuel emissions baseline;
       ``(B) make each determination described in subparagraph 
     (A), and information used in making the determinations, 
     available to consumers;
       ``(C) label fuels with low lifecycle greenhouse gas 
     emissions; and
       ``(D) provide information about adverse impacts of the fuel 
     on--
       ``(i) land use and land cover;
       ``(ii) water, soil, and air quality; and
       ``(iii) public health.
       ``(b) Subsequent Average Lifecycle Greenhouse Gas 
     Emissions.--Not later than June 1, 2013, and annually 
     thereafter, based on the aggregate quantity and variety of 
     fuel available for motor vehicles used in the United States 
     during the preceding calendar year, the Administrator shall 
     determine, in accordance with the regulations promulgated 
     under subsection (a), the average quantity of lifecycle 
     greenhouse gas emissions per unit of energy delivered to a 
     motor vehicle through the use of a unit of fuel for motor 
     vehicles for the preceding calendar year.
       ``(c) Required Reductions in Lifecycle Greenhouse Gas 
     Emissions.--
       ``(1) Regulations.--The Administrator shall promulgate 
     regulations to establish a credit trading program to address 
     the lifecycle greenhouse gas emissions from fuels available 
     for use in motor vehicles.
       ``(2) Required emission reductions.--The Administrator 
     shall, by regulation, require each major oil company, 
     refiner, or fuel importer that produces, sells, or introduces 
     gasoline or other fuels available for use in motor vehicles 
     into commerce in the United States to reduce the average 
     lifecycle greenhouse gas emissions per unit of energy 
     delivered to a motor vehicle through fuel to a level that 
     is--
       ``(A) for calendar year 2015, 3 percent below the fuel 
     emissions baseline; and
       ``(B) not later than every fifth calendar year thereafter, 
     3 percent below the average quantity of lifecycle greenhouse 
     gas emissions per unit of energy delivered to a vehicle 
     allowed pursuant to this section during the required fuel 
     emissions level for the preceding calendar year, as 
     determined by the Administrator under subsection (b).
       ``(3) Use of credits.--
       ``(A) In general.--For the purpose of complying with the 
     required reductions in lifecycle greenhouse gas emissions 
     under this section, each major oil company, fuel refiner, or 
     fuel importer shall demonstrate, on an annual basis, that the 
     fuel mix provided to the market by the company, refiner, or 
     importer meets the lifecycle greenhouse gas emission level 
     specified in subparagraphs (A) and (B) of paragraph (2), 
     including if necessary, by using credits previously banked or 
     purchased.
       ``(B) Credits for additional reductions.--The regulations 
     promulgated to carry out this section shall permit a provider 
     of a fuel that achieves a greater reduction in lifecycle 
     greenhouse gas emissions than is required under subparagraph 
     (A) or (B) of paragraph (2) for a particular compliance 
     period to generate credits, based on--
       ``(i) the quantity of fuel provided; and
       ``(ii) the difference between--

       ``(I) the greater reduction in lifecycle greenhouse gas 
     emissions of the fuel under subparagraph (A) or (B) of 
     paragraph (2); and
       ``(II) the minimum required reduction in lifecycle 
     greenhouse gas emissions of the fuel under that subparagraph.

       ``(d) Statement of Congressional Intent.--It is the intent 
     of Congress that, through implementation of this section--
       ``(1) an incentive will be created for the use, in lieu of 
     gasoline, of fuels having lower lifecycle greenhouse gas 
     emissions; and
       ``(2) fuels with the lowest lifecycle greenhouse gas 
     emissions will continue over time--
       ``(A) to be improved;
       ``(B) to become widely-available and competitive in the 
     marketplace; and
       ``(C) to contribute to an overall reduction in greenhouse 
     gas emissions.

     ``SEC. 253. GREENHOUSE GAS EMISSION REDUCTIONS FROM 
                   AUTOMOBILES.

       ``(a) Vehicle Emissions Baseline.--Not later than January 
     1, 2009, based on the aggregate quantity and variety of new 
     automobiles sold in the United States during model year 2002 
     and the average greenhouse gas emissions from those new 
     automobiles, the Administrator shall determine the average 
     quantity of greenhouse gas emissions per vehicle mile 
     (referred to in this section as the `new vehicle emissions 
     baseline').
       ``(b) Subsequent Average Emissions From New Automobiles.--
     Not later than June 1, 2015, and annually thereafter, based 
     on the aggregate quantity and variety of new automobiles sold 
     in the United States during the preceding model year and the 
     average greenhouse gas emissions from those new automobiles 
     during the preceding model year, the Administrator shall 
     determine the average quantity of greenhouse gas emissions 
     per vehicle mile for the model year.
       ``(c) Required Reductions in Greenhouse Gas Emissions From 
     Automobiles.--
       ``(1) In general.--The Administrator shall, by regulation, 
     require each manufacturer of automobiles for sale in the 
     United States to reduce the average quantity of greenhouse

[[Page 8390]]

     gas emissions per vehicle mile of the aggregate quantity and 
     variety of automobiles manufactured by the manufacturer to a 
     level that is--
       ``(A) for automobiles manufactured in model year 2016, 30 
     percent less than the new vehicle emissions baseline; and
       ``(B) not later than every fifth model year thereafter, 
     such percent as shall be specified by the Administrator that 
     is less than the average quantity of greenhouse gas emissions 
     per vehicle mile required for the model year preceding that 
     fifth model year, as determined by the Administrator under 
     subsection (b).''.

     SEC. 3. OPTIMIZED DUAL FUELED VEHICLES.

       (a) Optimized Dual Fueled Automobiles.--Section 32901(a) of 
     title 49, United States Code, is amended--
       (1) by striking paragraph (2) and inserting the following:
       ``(2) `alternative fueled automobile' means an automobile 
     that is--
       ``(A) a dedicated automobile;
       ``(B) a dual fueled automobile; or
       ``(C) an optimized dual fueled automobile.''; and
       (2) by adding at the end the following:
       ``(17) `optimized dual fueled automobile' means an 
     automobile that--
       ``(A) is capable of operating on alternative fuel and on 
     gasoline or diesel fuel;
       ``(B) can satisfactorily operate throughout a Federal 
     testing procedure exclusively on alternative fuel, when 
     fueled with the maximum alternative fuel capacity, as 
     determined by the Administrator of the Environmental 
     Protection Agency; and
       ``(C) when operated on alternative fuel, achieves an 
     average fuel economy that is not less than 20 percent 
     greater, on a gallon of gasoline-equivalent energy basis, 
     than the fuel economy of the same automobile operated on 
     gasoline or diesel fuel.''.
       (b) Fuel Economy Calculation for Optimized Dual Fuel 
     Automobiles.--Section 32905 of title 49, United States Code, 
     is amended--
       (1) in subsection (b)--
       (A) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively, and indenting the 
     subparagraphs appropriately;
       (B) by striking ``title, for any'' and inserting ``title--
       ``(1) for any'';
       (C) in paragraph (1)(B) (as designated and redesignated by 
     subparagraphs (A) and (B)), by striking ``fuel.'' and 
     inserting ``fuel; and''; and
       (D) by adding at the end the following:
       ``(2) for any model of dual fueled automobile manufactured 
     by a manufacturer in any of model years 2011 through 2015, 
     the Administrator of the Environmental Protection Agency 
     shall measure the fuel economy for that model by dividing 1.0 
     by the sum obtained by adding--
       ``(A) for optimized dual fueled automobiles, the sum 
     obtained by adding--
       ``(i) .5 divided by the fuel economy measured under section 
     32904(c), when operating the model on gasoline and diesel 
     fuel; and
       ``(ii) .5 divided by the fuel economy measured under 
     subsection (a), when operating the model on alternative fuel; 
     and
       ``(B) for dual fueled automobiles other than optimized dual 
     fueled automobiles, values that reflect the actual use of 
     gasoline and diesel fuel relative to alternative fuel in the 
     models based on a determination made by the Administrator, 
     taking into account alternative fuel sales and total number 
     of models of dual fueled vehicles other than optimized dual 
     fueled automobiles.''; and
       (2) by striking subsection (f).
       (c) Year Modification.--Section 32906(a) of title 49, 
     United States Code, is amended--
       (1) in paragraph (1)--
       (A) by striking ``(1)(A) For'' and inserting ``(1) For'';
       (B) by striking ``2010'' and inserting ``2015''; and
       (C) by striking subparagraph (B); and
       (2) in paragraph (2), by striking ``described--'' and all 
     that follows through subparagraph (B) and inserting 
     ``described in paragraph (1) is more than 1.2 miles per 
     gallon, the limitation in that paragraph shall apply.''.
       (d) Increasing Consumer Awareness of Alternative Fuel 
     Vehicles.--Section 32908 of title 49, United States Code, is 
     amended by adding at the end the following:
       ``(g) Increasing Consumer Awareness of Flexible Fuel 
     Vehicles.--The Secretary of Transportation shall promulgate 
     regulations that--
       ``(1) require each manufacturer that manufactures 
     alternative fuel vehicles that run on fuels with low 
     lifecycle greenhouse gas emissions to install a green-colored 
     fuel cap on each alternative fuel vehicle to distinguish the 
     vehicle from vehicles that do not use low lifecycle 
     greenhouse gas-emitting alternative fuels; and
       ``(2) prohibit a manufacturer from installing a green-
     colored fuel cap on an automobile manufactured by the 
     manufacturer that does not run on a low lifecycle greenhouse 
     gas-emitting alternative fuel.''.
                                 ______
                                 
      By Mr. AKAKA (for himself and Mr. Bingaman):
  S. 1074. A bill to provide for direct access to electronic tax return 
filing, and for other purposes; to the Committee on Finance.
  Mr. AKAKA. Mr. President, I am delighted to reintroduce the Free 
Internet Filing Act as the tax filing deadline approaches. The bill 
requires the Internal Revenue Service (IRS) to provide universal access 
to individual taxpayers filing their tax returns directly through the 
IRS Web site. I thank Senator Bingaman for cosponsoring this bill and 
working with me on taxpayer rights issues.
  It is frustrating that individual taxpayers completing their own 
returns are still not able to electronically file directly with the 
IRS. Taxpayers are dependent on commercial preparers to electronically 
file their taxes. If taxpayers take the time necessary to prepare their 
returns by themselves, they must be given the option of electronically 
filing directly with the IRS. My legislation would make this direct 
filing possible.
  The current system, the Free File Alliance, provides only a select 
group of taxpayers with the ability to file electronically for free 
using third party intermediaries. The current Free File Alliance 
agreement is a failure because it leaves out too many taxpayers. 
Taxpayers that make more than $52,000 are not eligible.
  Taxpayers should not have the additional worry associated with 
sharing their private financial information with a tax preparation 
company. In an era when there have been so many electronic breaches of 
financial information, taxpayers should not be forced to hand over 
their private information if they want to electronically file their 
return with the IRS. Taxpayers should not lose out on the benefits of 
electronic filing simply because they are worried about sending their 
data to third parties.
  IRS Commissioner Mark Everson has stated, ``E-file is the fastest, 
safest, and most accurate way to file a tax return. People will get 
their returns faster through E-file. E-file greatly reduces the chances 
for making an error compared to filing a paper 1040.'' I simply want to 
provide every individual taxpayer the ability to electronically file 
their taxes at no cost and without having to use a commercial tax 
preparer.
  My legislation will lead to an increase in the number of 
electronically filed returns. Approximately 45 million returns prepared 
using software are mailed in rather than electronically filed. With 
universal access to free e-file, this number could be substantially 
reduced. Electronic filing helps taxpayers receive their refunds faster 
than mailing in paper returns.
  My legislation would also reduce errors and IRS administrative costs. 
According to Mr. Bert Dumars, the Director of the IRS Electronic Tax 
Administration, it costs 55 to 75 cents to process an electronic return 
while it costs about two dollars to process a paper return. In 
addition, the error rate for electronic returns is one percent while 
the error rate for paper returns is 20 percent.
  We have an obligation to make free electronic filing available to all 
individual taxpayers. Electronic filing benefits both taxpayers and the 
IRS. I have appreciated the attention paid to this issue by Senator 
Baucus and Senator Grassley. I will continue to work with my colleagues 
to enact the Free Internet Filing Act.
  I ask unanimous consent that the text of the bill be printed in the 
Record. I also ask unanimous consent that a letter of support from the 
Hawaii Alliance for Community-Based Economic Development be included in 
the Record. Finally, I ask unanimous consent that a letter of support 
from the National Consumer Law Center, Consumer Federation of America, 
U.S. Public Interest Research Group, California Reinvestment Coalition, 
Center for Economic Progress, Consumer Action, and the Neighborhood 
Economic Development Advocacy Project, be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 1074

       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 ``Free Internet Filing Act''.

[[Page 8391]]



     SEC. 2. DIRECT ACCESS TO E-FILE FEDERAL INCOME TAX RETURNS.

       (a) In General.--The Secretary of the Treasury shall 
     provide individual taxpayers with the ability to 
     electronically file their Federal income tax returns through 
     the Internal Revenue Service website without the use of an 
     intermediary or with the use of an intermediary which is 
     contracted by the Internal Revenue Service to provide free 
     universal access for such filing (hereafter in this section 
     referred to as the ``direct e-file program'') for taxable 
     years beginning after the date which is not later than 3 
     years after the date of the enactment of this Act.
       (b) Development and Operation of Program.--In providing for 
     the development and operation of the direct e-file program, 
     the Secretary of the Treasury shall--
       (1) consult with nonprofit organizations representing the 
     interests of taxpayers as well as other private and nonprofit 
     organizations and Federal, State, and local agencies as 
     determined appropriate by the Secretary,
       (2) promulgate such regulations as necessary to administer 
     such program, and
       (3) conduct a public information and consumer education 
     campaign to encourage taxpayers to use the direct e-file 
     program.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated such sums as are necessary to carry out 
     the direct e-file program. Any sums so appropriated shall 
     remain available until expended.
       (d) Reports to Congress.--
       (1) Report on implementation.--The Secretary of the 
     Treasury shall report to the Committee on Finance of the 
     Senate and the Committee on Ways and Means of the House of 
     Representatives every 6 months regarding the status of the 
     implementation of the direct e-file program.
       (2) Report on usage.--The Secretary of the Treasury, in 
     consultation with the National Taxpayer Advocate, shall 
     report to the Committee on Finance of the Senate and the 
     Committee on Ways and Means of the House of Representatives 
     annually on taxpayer usage of the direct e-file program.
                                  ____

                                                   March 28, 2007.
     Hon. Daniel K. Akaka,
     U.S. Senate,
     Washington, DC.
       Dear Senator Akaka: The National Consumer Law Center (on 
     behalf of its low-income clients), Consumer Federation of 
     America, Consumer Action, U.S. Public Interest Research 
     Group, California Reinvestment Coalition, Center for Economic 
     Progress, and the Neighborhood Economic Development Advocacy 
     Project write to support your bill entitled the ``Free 
     Internet Filing Act.'' Consumer groups have long advocated 
     for what the Free Internet Filing Act would provide--the 
     ability of taxpayers to electronically file their returns 
     without the need for a third party intermediary.
       Enabling taxpayers to file electronically directly with the 
     Internal Revenue Service will benefit taxpayers tremendously. 
     It will save taxpayers the fees charged by some commercial 
     preparers for electronic filing. Unlike the current Free File 
     program established by the IRS, the Free Internet Filing Act 
     will provide taxpayers with free electronic filing without 
     the potential of being subject to cross-marketing pitches for 
     financial products which may not be in their best interests. 
     While the marketing pitches for refund anticipation loans and 
     other ancillary products were dropped this year from the Free 
     File program, such a limitation is not enshrined in law or 
     regulation.
       The Free Internet Filing Act will also help taxpayers to 
     keep their information private. By allowing free direct 
     electronic filing with the IRS, taxpayers will have the 
     ability to bypass commercial preparers that might exploit or 
     share their personal, confidential tax information for non-
     tax purposes.
       We believe the IRS should have been required a long time 
     ago to establish free direct electronic filing. For many 
     years, Americans have been able to apply for federal student 
     financial aid on www.fafsa.ed.gov and Social Security 
     retirement benefits at www.ssa.gov. A free direct electronic 
     filing program at www.irs.gov is long overdue.
       If you have any questions about this letter, please contact 
     Chi Chi Wu. Thank you again for all your efforts to protect 
     taxpayer rights.
           Sincerely,
         Chi Chi Wu, Staff Attorney, National Consumer Law Center; 
           Jean Ann Fox, Director of Consumer Protection, Consumer 
           Federation of America; David Marzahl, Executive 
           Director, Center for Economic Progress; Ed Mierzwinski, 
           Consumer Program Director, U.S. Public Interest 
           Research Group (U.S. PIRG); Linda Sherry, Director, 
           National Priorities, Consumer Action; Rhea L. Serna, 
           Policy Advocate, California Reinvestment Coalition; 
           Chris Keeley, Campaigns Organizer, Neighborhood 
           Economic Development Advocacy Project (NEDAP).
                                  ____

         Hawai'i Alliance for Community-Based Economic 
           Development,
                                     Honolulu, HI, March 22, 2007.
     Hon. Daniel K. Akaka,
     U.S. Senate,
     Washington, DC.
       Dear Senator Akaka: The Hawai'i Alliance for Community 
     Based Economic Development (HACBED) is writing in support of 
     the ``Free Internet Filing Act.''
       HACBED is a statewide 501(c)3 organization established in 
     1992 to help maximize the impact of community-based economic 
     development organizations (CBEDOs). We pursue our mission by 
     helping CBEDOs to increase community control of their assets 
     and means of production. We accomplish this in many ways--by 
     providing technical support to help CBEDOs deal with 
     organizational issues; by networking on a local and national 
     basis for funding and financing for community-based efforts; 
     and, by advocating for communities to play a more active role 
     in the political process in order to effect systemic change. 
     To this end, HACBED has been facilitating statewide 
     conversations to develop a comprehensive asset policy agenda. 
     Core to this agenda is the recognition of the importance of 
     creating policies that assist individuals, families and the 
     broader community to build wealth.
       Tax season is an essential time for low income families to 
     take advantage of their tax related benefits, including the 
     earned income tax credit. Electronic filing of taxes is a 
     quicker, more efficient way to process a tax return. In many 
     cases, working families must pay a professional tax preparer 
     to prepare their return and file electronically. By providing 
     free universal access to electronic filing these low-income 
     working families would be able to keep more of their hard-
     earned dollars in their pocket.
       HACBED fully supports this bill and we look forward to 
     working with you in the future to insure free and low cost 
     tax-related services for low-income families.
           Sincerely,
                                                 Brent Dillabaugh,
                                                  Deputy Director.
                                 ______
                                 
      By Mr. INOUYE (for himself and Mr. Stevens) (by request):
  S1076. A bill to amend title 49, United States Code, to authorize 
appropriations for the Federal Aviation Administration for fiscal years 
2008 through 2010, to improve aviation safety and capacity, to provide 
stable, cost-based funding for the national aviation system, and for 
other purposes; to the Committee on Finance.
  Mr. INOUYE. Mr. President, I rise today to announce the introduction, 
by request, of the Next Generation Air Transportation System Financing 
Reform Act of 2007, the Bush administration's proposal for the Federal 
Aviation Administration, (FAA), reauthorization.
  As chairman of the Commerce Committee, I, along with vice chairman 
Stevens, introduce this bill out of courtesy to the Bush 
administration. They have outlined an aggressive proposal for the FAA 
reauthorization and while I cannot support all portions of this bill, I 
believe our colleagues should have an opportunity to consider the ideas 
outlined.
  While I commend the Department of Transportation and the FAA for 
their work on the proposal, I have great concerns with some of the 
provisions. Specifically, I am troubled by the proposal to dramatically 
increase the general aviation fuel tax and substantially cut the 
Airport Improvement Program, AIP, funding level.
  The Commerce Committee has jurisdiction over the FAA and I will work 
with Senator Jay Rockefeller, the chairman of the Aviation 
Subcommittee, and Senator Trent Lott, the ranking member of the 
subcommittee, along with other members of the committee, to craft a 
bipartisan bill that we can bring before the full Senate.
  It is important that we act quickly, as the current aviation tax 
structure expires at the end of the fiscal year. Therefore, we must 
present our committee and this body with a bill that not only solves 
funding issues for our Nation's air system, but also puts us on a 
course to fully modernize our aviation system to safely and efficiently 
handle the increase in air traffic that is expected.
  In the coming weeks, we will be back here with a bill that I believe 
will gain the support of the majority of the Commerce Committee and the 
support of the Senate.
  Mr. STEVENS. Mr. President, as vice chairman of the Commerce 
Committee I concur with my good friend and colleague. I applaud the 
administration for moving the process forward but I echo Senator 
Inouye's concerns with the proposal. I look forward to working with him 
and our colleagues on the Commerce, Science, and Transportation 
Committee to craft a Committee proposal in the coming weeks.

[[Page 8392]]


                                 ______
                                 
      By Mr. BYRD (for himself, Mr. Rockefeller, Mr. Chambliss, Mr. 
        Cochran, Mrs. Dole, Mr. Inhofe, Mr. Lott, and Mr. Isakson).
  S.J. Res. 11. A joint resolution proposing an amendment to the 
Constitution of the United States to clarify that the Constitution 
neither prohibits voluntary prayer nor requires prayer in schools; to 
the Committee on the Judiciary.
  Mr. BYRD. Mr. President, West Virginians have always been a deeply 
spiritual people. Historically, we have stood fast in our devotion to 
the Creator, even when--or especially when--faced with adversity, 
deprivation, or misfortune. Just as we recognize that joyful events are 
best celebrated with prayers of gratitude, we also believe that 
hardship can be endured and, in fact, diminished through the infinite 
power of the healing word.
  As we leave for Easter recess to celebrate the resurrection, we lift 
our heads from the darkness to the light. We ask for God's blessings. 
The Gospel at John 14:13 tells us that God answers prayer, meaning that 
he hears us whenever we ask for anything according to his will.
  The importance of prayer is recognized by people of faith in nearly 
every denomination. Yet, in America, too many of our citizens belittle, 
ignore, or denigrate the power of prayer. They believe that the 
doctrine of separation of powers means that we can pray only within the 
four walls of a house of worship, and nowhere else. But that viewpoint 
does not reflect the intent of the Creator.
  Prayer, no matter where undertaken, by design, provides both 
inspiration and solace. It is comforting, particularly during a time of 
war. No wonder, then, that prayer has always had a place in the lives 
of our military. In December 1944, General George S. Patton, Jr., 
ordered Colonel James H. O'Neill, the chaplain of the Third Army, to 
produce a prayer to the heavens, which requested clear weather. The 
prayer, written by Chaplain O'Neill, reads as follows:

       Almighty and most merciful Father, we humbly beseech Thee, 
     of Thy great goodness . . . Grant us fair weather for Battle. 
     Graciously hearken to us as soldiers who call upon Thee, 
     that, armed with Thy power, we may advance from victory to 
     victory . . . and establish Thy justice among men and 
     nations. Amen.

  Chaplain O'Neill's prayer was provided on behalf of all soldiers, 
regardless of denomination, when or where they prayed, and with whom. 
It was a prayer in addition to the silent or outspoken, individual and 
voluntary prayers of each of the enlisted men and women of the Army.
  Although I cannot be sure of it, I would imagine that soldiers in the 
field responded favorably to the prayer of Chaplain O'Neill. They 
assuredly did not object to his expression of faith--one in which they 
were free to participate or not. Undoubtedly, the soldiers drew 
inspiration from the Chaplain's words.
  Now, while our children do not normally face the mortal peril that 
U.S. troops inevitably face in a time of war, all Americans--whether 
young or old--in school or in battle, surely from time to time need to 
draw upon the blessings of a higher power to face whatever tests fate 
may throw their way on any given day.
  Yet, one wonders what would happen if a student in an American 
classroom today decided, of his or her own volition, to recite a prayer 
like the one by Chaplain O'Neill. In some jurisdictions, it is probable 
that the student would be disciplined and his/her teachers punished for 
potentially violating the First Amendment.
  Is today's state of affairs consistent with the intent of the 
Framers? No. The Founding Fathers believed in a Supreme Being, and they 
were proud of their faith. On February 22, 1756, John Adams wrote:

       Suppose a nation in some distant region should take the 
     Bible for their only law book and every member should 
     regulate his conduct by the precepts there exhibited! Every 
     member would be obliged in conscience to temperance, 
     frugality, and industry; to justice, kindness, and charity 
     towards his fellow men; and to piety, love, and reverence 
     toward Almighty God . . . what a Utopia, what a paradise 
     would this region be.

  As his words reflect, John Adams knew and recognized that we were and 
are a religious people.
  The Religion Clauses of the First Amendment to the U.S. Constitution 
state: ``Congress shall make no law respecting an establishment of 
religion, or prohibiting the free exercise thereof; . . .''
  In my opinion, too many have not given equal weight to both of these 
clauses. Instead, they have focused only on the first clause, which 
prohibits the establishment of religion, at the expense of the second 
clause, which protects the right of Americans to worship as they 
please. This country was founded by men and women of strong faith, 
whose intent was not to suppress religion, but to ensure that the 
government favored no single religion over another.
  In particular, the Free Exercise Clause of the First Amendment states 
that Congress cannot make laws that prohibit the free exercise of 
religion. Consequently, I believe that any prohibition of voluntary 
prayer in school, either spoken aloud or recounted in silence, violates 
the right of our schoolchildren to practice freely their religion. And 
that's not right. Any child should be free to pray to God, of his or 
her own volition, whether at home, in church, or at school. Period.
  I am not a proponent of repeatedly amending the U.S. Constitution. I 
believe that such amendments should be done only rarely and with great 
care. However, because I feel as strongly about this today as I have 
for over four decades, I am going to take this opportunity, once again, 
as I have at least eight times over the past 45 years, to introduce 
today a joint resolution to amend the Constitution to clarify the 
intent of the Framers with respect to voluntary prayer in school.
  The language of the resolution that I am introducing today to amend 
the Constitution simply states: ``Nothing in this Constitution, 
including any amendment to this Constitution, shall be construed to 
prohibit voluntary prayer or require prayer in a public school, or to 
prohibit voluntary prayer or require prayer at a public school 
extracurricular activity.''
  This resolution is similar to legislation that I introduced or 
cosponsored starting in 1962, but more recently in 1973, 1979, 1982, 
1993, 1995, 1997, and 2006. This resolution is not a radical departure. 
It simply reiterates what should already be permissible under a correct 
interpretation of the First Amendment. It does not change the language 
of the First Amendment, and it would not permit any school to advocate 
a particular religious message endorsed by the government. The 
resolution seeks neither to advance nor to inhibit religion. It does 
not signify government approval of any particular religious sect or 
creed. It does not compel a ``non-believer'' to pray. In fact, it does 
not require an atheist to embrace or adopt any religious action, 
belief, or expression. It does not coerce or compel anyone to do 
anything, and it does not foster excessive government entanglement with 
religion.
  This Constitutional Amendment simply allows children to pray, 
voluntarily, if they wish to do so. The Supreme Court has held that the 
Establishment Clause is not violated so long as the government treats 
religious speech and other speech equally. The resolution has a 
preeminently secular purpose, which is to ensure that religious and 
non-religious speech are treated equally.
  The First Amendment is to secure religious liberty. Justice Stevens 
has written that, ``nothing in the Constitution as interpreted by this 
Court prohibits any public school student from voluntarily praying at 
any time before, during or after the school day.''
  Similarly, Justice Sandra Day O'Connor has written that the Religion 
Clauses of our Constitution have ``kept religion a matter for the 
individual conscience, not for the prosecutor or bureaucrat.''
  And we should make certain that religion is a matter for the 
individual conscience. But keeping religion a matter for the individual 
conscience should not mean that a schoolchild must stand silent, unable 
to turn to

[[Page 8393]]

God for comfort or guidance in times of need. Not every reference to 
God represents the impermissible establishment of religion. Instead, 
let us make certain that every individual, including every schoolchild, 
can be assured of his/her right to pray voluntarily to God, as he/she 
pleases, consistent with the intent of the Framers, who wrote the U.S. 
Constitution and the Bill of Rights.

                          ____________________