[Congressional Record (Bound Edition), Volume 153 (2007), Part 9]
[Senate]
[Pages 12304-12319]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. BINGAMAN (for himself and Mr. Thune):
  S. 1376. A bill to amend the Public Health Service Act to revise and 
expand the drug discount program under section 340B of such Act to 
improve the provision of discounts on drug purchases for certain safety 
net providers; to the Committee on Health, Education, Labor, and 
Pensions.
  Mr. BINGAMAN. Mr. President, I rise today to introduce legislation 
with my colleague from South Dakota, Senator Thune, designed to address 
the growing burden faced by this Nation's health care safety net 
institutions in being able to provide adequate pharmaceutical care to 
the most vulnerable patient populations.
  Communities across the country rely on public and nonprofit hospitals 
to serve as the health care ``safety net'' for low-income, uninsured, 
and underinsured patients. With the ever-increasing cost of 
pharmaceuticals, these institutions are struggling more and more to 
provide basic pharmaceutical care to those least able to afford it.
  Fortunately, many safety net hospitals are currently able to 
participate in the Federal 340B Drug Discount Program, which enables 
them to purchase

[[Page 12305]]

outpatient drugs for their patients at discounted prices. These 
hospitals, known as ``covered entities'' under the 340B statute, 
include high-Medicaid disproportionate share hospitals, DSH, large and 
small urban hospitals, and certain rural hospitals.
  I am introducing legislation today, the 340B Program Improvement and 
Integrity Act of 2007, which would extend discounted drug prices 
currently mandated only for outpatient drugs to inpatient drugs 
purchased by covered entities under the 340B program. Although the 
Medicare Modernization Act, MMA, of 2003 permitted pharmaceutical 
manufacturers to offer 340B drug discounts to covered entities, this 
legislation did not include a mandate. Without a mandate we have seen 
very little willingness on the part of manufactures to offer 340B drug 
discounts for inpatient drugs. As the prices of pharmaceutical drugs 
continue to increase sharply, the need for these inpatient discounts 
grows more and more acute.
  My legislation would also expand participation in the program to a 
subset of rural hospitals that, for a variety of reasons, cannot 
currently access 340B discounts. These newly eligible rural hospitals 
include critical access hospitals, sole community hospitals, and rural 
referral centers. In proposing this modest expansion to the program, we 
have struck an important balance between ensuring a close nexus with 
low-income and indigent care, ensured that a significant portion of 
savings is passed on to the Medicaid Program, and strengthened the 
integrity of the program.
  Specifically, newly eligible rural hospitals would have to meet 
appropriate standards demonstrating their ``safety net'' status, as do 
all hospitals that currently participate in the program. For example, 
sole community hospitals and rural referral centers, all of which are 
paid under the prospective payment system, would be required under this 
legislation to serve a significant percentage of low-income and 
indigent patients, have public or nonprofit status, and, if privately 
owned and operated, to have a contract with State or local government 
to provide a significant level of indigent care. All standards are 
designed to reinforce the obligation of these covered entities to 
continue serving low-income and uninsured patients.
  This legislation would also generate savings for the Medicaid Program 
by requiring participating hospitals to credit to their Medicaid 
agencies a significant percentage of their savings on inpatient drugs. 
It would address the overall efficiency and integrity of the 340B 
program through improved enforcement and compliance measures with 
respect to manufacturers and covered entities. This is designed to 
improve program administration and to prevent and remedy instances of 
program abuse.
  In the end, this legislation would accomplish several important 
goals. It would help safety net providers stretch their already limited 
resources through increased access to discounted pharmaceuticals; it 
would enhance 340B program integrity by making sure participants are 
complying with program rules; and it would help to improve the care 
provided to this Nation's most vulnerable populations.
  I urge my colleagues to cosponsor this important legislation.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1376

       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 ``340B Program Improvement and 
     Integrity Act of 2007''.

     SEC. 2. EXPANDED PARTICIPATION IN SECTION 340B PROGRAM.

       (a) Expansion of Covered Entities Receiving Discounted 
     Prices.--Section 340B(a)(4) of the Public Health Service Act 
     (42 U.S.C. 256b(a)(4)) is amended by adding at the end the 
     following:
       ``(M) A children's hospital excluded from the Medicare 
     prospective payment system pursuant to section 
     1886(d)(1)(B)(iii) of the Social Security Act which would 
     meet the requirements of subparagraph (L), including the 
     disproportionate share adjustment percentage requirement 
     under clause (ii) of such subparagraph, if the hospital were 
     a subsection (d) hospital as defined by section 1886(d)(1)(B) 
     of the Social Security Act.
       ``(N) An entity that is a critical access hospital (as 
     determined under section 1820(c)(2) of the Social Security 
     Act), and that meets the requirements of subparagraph (L)(i).
       ``(O) An entity that is a rural referral center, as defined 
     by section 1886(d)(5)(C)(i) of the Social Security Act, or a 
     sole community hospital, as defined by section 
     1886(d)(5)(C)(iii) of such Act, and that both meets the 
     requirements of subparagraph (L)(i) and has a 
     disproportionate share adjustment percentage equal to or 
     greater than 8 percent.''.
       (b) Prohibition on Group Purchasing Arrangements.--Section 
     340B(a) of the Public Health Service Act (42 U.S.C. 256b(a)) 
     is amended--
       (1) in paragraph (4)(L), by striking clause (iii); and
       (2) in paragraph (5)--
       (A) by redesignating subparagraphs (C) and (D) as 
     subparagraphs (D) and (E); respectively; and
       (B) by inserting after subparagraph (B), the following:
       ``(C) Prohibiting the use of group purchasing 
     arrangements.--
       ``(i) In general.--A hospital described in subparagraphs 
     (L), (M), (N), or (O) of paragraph (4) shall not obtain 
     covered outpatient drugs through a group purchasing 
     organization or other group purchasing arrangement, except as 
     permitted or provided for pursuant to clauses (ii) or (iii).
       ``(ii) Inpatient drugs.--Clause (i) shall not apply to 
     drugs purchased for inpatient use.
       ``(iii) Exceptions.--The Secretary shall establish 
     reasonable exceptions to clause (i)--

       ``(I) with respect to a covered outpatient drug that is 
     unavailable to be purchased through the program under this 
     section due to a drug shortage problem, manufacturer 
     noncompliance, or any other circumstance beyond the 
     hospital's control;
       ``(II) to facilitate generic substitution when a generic 
     covered outpatient drug is available at a lower price; or
       ``(III) to reduce in other ways the administrative burdens 
     of managing both inventories of drugs subject to this section 
     and inventories of drugs that are not subject to this 
     section, so long as the exceptions do not create a duplicate 
     discount problem in violation of subparagraph (A) or a 
     diversion problem in violation of subparagraph (B).''.

     SEC. 3. EXTENSION OF DISCOUNTS TO INPATIENT DRUGS.

       (a) Definitions.--
       (1) In general.--Section 340B(b) of the Public Health 
     Service Act (42 U.S.C. 256b(b)) is amended--
       (A) by striking ``In this section'' and inserting the 
     following:
       ``(1) In general.--In this section''; and
       (B) adding at the end the following:
       ``(2) Covered drug.--In this section, the term `covered 
     drug' means--
       ``(A) a `covered outpatient drug' as defined in section 
     1927(k)(2) of the Social Security Act; and
       ``(B) notwithstanding the limiting definition set forth in 
     section 1927(k)(3) of such Act, a drug used in connection 
     with an inpatient or outpatient service provided by a 
     hospital described in subparagraph (L), (M), (N), or (O) of 
     subsection (a)(4), and enrolled to participate in the drug 
     discount program under this section.''.
       (2) Conforming amendments.--Paragraphs (2)(A), (5)(B), 
     (5)(D), (5)(E), (7)(B), (7)(C), and (9) of section 340B(a) of 
     the Public Health Service Act (42 U.S.C. 256b(a)) are 
     amended--
       (A) by striking ``covered outpatient drug'' each place that 
     such appears and inserting ``covered drug''; and
       (B) by striking ``covered outpatient drugs'' each place 
     that such appears and inserting ``covered drugs''.
       (b) Medicaid Credits on Inpatient Drugs.--Section 340B of 
     the Public Health Service Act (42 U.S.C. 256b) is amended by 
     striking subsection (c) and inserting the following:
       ``(c) Medicaid Credits on Inpatient Drugs.--
       ``(1) In general.--With respect to the cost reporting 
     period covered by the most recently filed Medicare cost 
     report, a hospital described in subparagraph (L), (M), (N), 
     or (O) of subsection (a)(4) and enrolled to participate in 
     the drug discount program under this section shall provide to 
     each State with an approved State plan under title XIX of the 
     Social Security Act--
       ``(A) a credit on the estimated annual costs to such 
     hospital of single source and innovator multiple source drugs 
     provided to Medicaid recipients for inpatient use; and
       ``(B) a credit on the estimated annual costs to such 
     hospital of noninnovator multiple source drugs provided to 
     Medicaid recipients for inpatient use.
       ``(2) Calculation of credits.--
       ``(A) Single source and innovator multiple source drugs.--
     For purposes of paragraph (1)(A)--
       ``(i) the credit under such paragraph shall be determined 
     by multiplying--

       ``(I) the product of--

       ``(aa) the estimated annual costs of single source and 
     innovator multiple source drugs provided by the hospital to 
     Medicaid recipients for inpatient use; and

[[Page 12306]]

       ``(bb) the average manufacturer price adjustment; and

       ``(II) the minimum rebate percentage described in section 
     1927(c)(1)(B) of the Social Security Act;

       ``(ii) the estimated annual costs of single source drugs 
     and innovator multiple source drugs provided by the hospital 
     to Medicaid recipients for inpatient use under clause 
     (i)(I)(aa) shall be determined by multiplying--

       ``(I) the product of--

       ``(aa) the hospital's actual acquisition costs of all drugs 
     purchased during the cost reporting period for inpatient use; 
     and
       ``(bb)(AA) the Medicaid inpatient drug charges as reported 
     on the hospital's most recently filed Medicare cost report; 
     divided by
       ``(BB) the total inpatient drug charges reported on the 
     cost report; and

       ``(II) the percentage of the hospital's annual inpatient 
     drug costs described in subclause (I) that arise out of the 
     purchase of single source and innovator multiple source 
     drugs;

       ``(iii) the average manufacturer price adjustment referred 
     to in clause (i)(I)(bb) shall be determined annually by the 
     Secretary for single source and innovator multiple source 
     drugs by dividing on an aggregate basis--

       ``(I) the average manufacturer price as defined in section 
     1927(k)(1)(D) of the Social Security Act, averaged across all 
     covered drugs reported to the Secretary pursuant to section 
     1927(b)(3) of such Act; by
       ``(II) the average ceiling price under this section for 
     covered drugs calculated pursuant to subsection (a)(1); and

       ``(iv) the terms `single source drug' and `innovator 
     multiple source drug' have the meanings given such terms in 
     section 1927(k)(7) of the Social Security Act.
       ``(B) Noninnovator multiple source drugs.--For purposes of 
     subparagraph (1)(B)--
       ``(i) the credit under such paragraph shall be calculated 
     by multiplying--

       ``(I) the product of--

       ``(aa) the estimated annual costs to the hospital of 
     noninnovator multiple source drugs provided to Medicaid 
     recipients for inpatient use; and
       ``(bb) the average manufacturer price adjustment; and

       ``(II) the applicable percentage as defined in section 
     1927(c)(3)(B) of the Social Security Act;

       ``(ii) the estimated annual costs to a hospital of 
     noninnovator multiple source drugs provided to Medicaid 
     recipients for inpatient use under clause (i)(I)(aa) shall be 
     determined by multiplying--

       ``(I) the product of--

       ``(aa) the hospital's actual acquisition cost of all drugs 
     purchased during the cost reporting period for inpatient use; 
     and
       ``(bb)(AA) the Medicaid inpatient drug charges as reported 
     on the hospital's most recently filed Medicare cost report; 
     divided by
       ``(BB) total inpatient drug charges reported on the cost 
     report; and

       ``(II) the percentage of the hospital's annual inpatient 
     drug costs described in subclause (I) arising out of the 
     purchase of noninnovator multiple source drugs;

       ``(iii) the average manufacturer price adjustment referred 
     to in clause (i)(I)(bb) shall be determined annually by the 
     Secretary for noninnovator multiple source drugs by dividing 
     on an aggregate basis--

       ``(I) the average manufacturer price as defined in section 
     1927(k)(1)(D) of the Social Security Act, averaged across all 
     covered drugs reported to the Secretary pursuant to section 
     1927(b)(3) of such Act; by
       ``(II) the average ceiling price under this section for 
     covered drugs calculated pursuant to subsection (a)(1); and

       ``(iv) the term `noninnovator multiple source drug' has the 
     meaning given such term in section 1927(k)(7) of the Social 
     Security Act.
       ``(3) Payment deadline.--The credits provided by a hospital 
     under paragraph (1) shall be paid not later than 90 days 
     after the date of the filing of the hospital's most recently 
     filed Medicare cost report.
       ``(4) Opt-out.--A hospital shall not be required to provide 
     the Medicaid credit required under this subsection if the 
     hospital is able to demonstrate to the State that the credits 
     would be less than or equal to the loss of reimbursement 
     under the State plan resulting from the extension of 
     discounts to inpatient drugs under subsection (b)(2), or if 
     the hospital and State agree to an alternative arrangement. 
     Any dispute between the hospital and the State regarding the 
     applicability of this paragraph shall be adjudicated through 
     the administrative dispute resolution process described in 
     subsection (e)(3).
       ``(5) Offset against medical assistance.--Amounts received 
     by a State under this subsection in any quarter shall be 
     considered to be a reduction in the amount expended under the 
     State plan in the quarter for medical assistance for purposes 
     of section 1903(a)(1) of the Social Security Act.
       ``(6) Effectiveness notwithstanding other provisions of 
     law.--Notwithstanding any other provision of law, all 
     references to provisions of the Social Security Act in this 
     section shall be deemed to be references to the Social 
     Security Act as in effect on the date of enactment of the 
     340B Program Improvement and Integrity Act of 2007.''.

     SEC. 4. IMPROVEMENTS TO 340B PROGRAM INTEGRITY.

       (a) Integrity Improvements.--Section 340B of the Public 
     Health Service Act (42 U.S.C. 256b) is amended by adding at 
     the end the following:
       ``(e) Improvements in Program Integrity.--
       ``(1) Manufacturer compliance.--
       ``(A) In general.--From amounts appropriated under 
     paragraph (4), the Secretary shall carry out activities to 
     provide for improvement in the compliance of manufacturers 
     with the requirements of this section in order to prevent 
     overcharges and other violations of the discounted pricing 
     requirements specified in this section.
       ``(B) Activities.--The activities described in subparagraph 
     (A) shall include the following:
       ``(i) The development of a system to enable the Secretary 
     to verify the accuracy of ceiling prices calculated by 
     manufacturers under subsection (a)(1) and charged to covered 
     entities, which shall include--

       ``(I) developing and publishing, through an appropriate 
     policy or regulatory issuance, precisely defined standards 
     and methodologies for the calculation of ceiling prices under 
     subsection (a)(1);
       ``(II) comparing regularly the ceiling prices calculated by 
     the Secretary with the quarterly pricing data that is 
     reported by manufacturers to the Secretary;
       ``(III) performing spot checks of sales transactions by 
     covered entities; and
       ``(IV) inquiring into the cause of any pricing 
     discrepancies that may be identified and either taking, or 
     requiring manufacturers to take, such corrective action as is 
     appropriate in response to such price discrepancies.

       ``(ii) The establishment of procedures for manufacturers to 
     issue refunds to covered entities in the event that there is 
     an overcharge by the manufacturers, including--

       ``(I) providing the Secretary with an explanation of why 
     and how the overcharge occurred, how the refunds will be 
     calculated, and to whom the refunds will be issued; and
       ``(II) oversight by the Secretary to ensure that the 
     refunds are issued accurately and within a reasonable period 
     of time, both in routine instances of retroactive adjustment 
     to relevant pricing data and exceptional circumstances such 
     as erroneous or intentional overcharging for covered drugs.

       ``(iii) The provision of access, through the Internet 
     website of the Department of Health and Human Services, to 
     the applicable ceiling prices for covered drugs as calculated 
     and verified by the Secretary in accordance with this 
     section, in a manner (such as through the use of password 
     protection) that limits such access to covered entities and 
     adequately ensures security and the protection of privileged 
     pricing data from unauthorized redisclosure.
       ``(iv) The development of a mechanism by which--

       ``(I) rebates and other discounts provided by manufacturers 
     to other purchasers, subsequent to the sale of covered drugs 
     to covered entities, are reported to the Secretary; and
       ``(II) appropriate credits and refunds are issued to 
     covered entities if such credits and refunds have the effect 
     of lowering the applicable ceiling price for the relevant 
     quarter for the drugs involved.

       ``(v) Selective auditing of manufacturers and wholesalers 
     to ensure the integrity of the drug discount program under 
     this section.
       ``(vi) The imposition of sanctions in the form of civil 
     monetary penalties, which--

       ``(I) shall be assessed according to standards established 
     in regulations to be promulgated by the Secretary within 180 
     days of the date of enactment of this subsection;
       ``(II) shall not exceed $5,000 for each instance of 
     overcharging a covered entity that may have occurred; and
       ``(III) shall apply to any manufacturer with an agreement 
     under this section that knowingly and intentionally charges a 
     covered entity a price for the purchase of a drug that 
     exceeds the maximum applicable price under subsection (a)(1).

       ``(2) Covered entity compliance.--
       ``(A) In general.--From amounts appropriated under 
     paragraph (4), the Secretary shall carry out activities to 
     provide for improvement in compliance by covered entities 
     with the requirements of this section in order to prevent 
     diversion and other violations of the duplicate discount 
     requirements specified under subsection (a)(5).
       ``(B) Activities.--The activities described in subparagraph 
     (A) shall include the following:
       ``(i) The development of procedures to enable and require 
     covered entities to regularly update (at least annually) the 
     information on the Internet website of the Department of 
     Health and Human Services relating to this section.
       ``(ii) The development of a system for the Secretary to 
     verify the accuracy of information regarding covered entities 
     that is listed on the website described in clause (i).
       ``(iii) The development of more detailed guidance 
     describing methodologies and options available to covered 
     entities for billing covered drugs to State Medicaid agencies 
     in

[[Page 12307]]

     a manner that avoids duplicate discounts pursuant to 
     subsection (a)(5)(A).
       ``(iv) The establishment of a single, universal, and 
     standardized identification system by which each covered 
     entity site can be identified by manufacturers, distributors, 
     covered entities and the Secretary for purposes of 
     facilitating the ordering, purchasing, and delivery of 
     covered drugs under this section, including the processing of 
     chargebacks for such drugs.
       ``(v) The imposition of sanctions, as determined 
     appropriate by the Secretary, in addition to the sanctions to 
     which covered entities are subject to under subsection 
     (a)(5)(D), through 1 or more of the following actions:

       ``(I) Where a covered entity knowingly and intentionally 
     violates subsection (a)(5)(B), the covered entity shall be 
     required to pay a monetary penalty to a manufacturer or 
     manufacturers in the form of interest on sums for which the 
     covered entity is found liable under subsection (a)(5)(E), 
     and such interest to be compounded monthly and equal to the 
     current short-term interest rate as determined by the Federal 
     Reserve for the time period for which the covered entity is 
     liable.
       ``(II) Where the Secretary determines that a violation of 
     subsection (a)(5)(B) was systematic and egregious as well as 
     knowing and intentional, removing the covered entity from the 
     program under this section and disqualifying the entity from 
     reentry into the program for a reasonable period of time to 
     be determined by the Secretary.
       ``(III) Referring matters to appropriate Federal 
     authorities within the Food and Drug Administration, the 
     Office of Inspector General, or other Federal agencies for 
     consideration of appropriate action under other Federal law, 
     such as the Prescription Drug Marketing Act.

       ``(3) Administrative dispute resolution process.--
       ``(A) In general.--Not later than 180 days after the date 
     of enactment of this subsection, the Secretary shall 
     promulgate regulations to establish and implement an 
     administrative process for the resolution of claims by 
     covered entities that they have been overcharged for drugs 
     purchased under this section, and claims by manufacturers, 
     after the conduct of audits as authorized by subsection 
     (a)(5)(D), of violations of subsections (a)(5)(A) or 
     (a)(5)(B), including appropriate procedures for the provision 
     of remedies and enforcement of determinations made pursuant 
     to such process through mechanisms and sanctions described in 
     paragraphs (1)(B) and (2)(B) of this subsection. Such 
     regulations shall also establish an administrative process 
     for resolution of disputes described in subsection (c)(4).
       ``(B) Deadlines and procedures.--Regulations promulgated by 
     the Secretary under subparagraph (A) shall--
       ``(i) designate or establish a decisionmaking official or 
     decisionmaking body within the Department of Health and Human 
     Services to be responsible for reviewing and finally 
     resolving claims by covered entities that they have been 
     charged prices for covered drugs in excess of the ceiling 
     price described in subsection (a)(1), and claims by 
     manufacturers that violations of subsection (a)(5)(A) or 
     (a)(5)(B) have occurred;
       ``(ii) establish such deadlines and procedures as may be 
     necessary to ensure that claims shall be resolved fairly, 
     efficiently, and expeditiously;
       ``(iii) establish procedures by which a covered entity may 
     discover and obtain such information and documents from 
     manufacturers and third parties as may be relevant to 
     demonstrate the merits of a claim that charges for a 
     manufacturer's product have exceeded the applicable ceiling 
     price under this section, and may submit such documents and 
     information to the administrative official or body 
     responsible for adjudicating such claim;
       ``(iv) require that a manufacturer must conduct an audit of 
     a covered entity pursuant to subsection (a)(5)(D) as a 
     prerequisite to initiating administrative dispute resolution 
     proceedings against a covered entity;
       ``(v) permit the official or body designated in clause (i), 
     at the request of a manufacturer or manufacturers, to 
     consolidate claims brought by more than 1 manufacturer 
     against the same covered entity where, in the judgment of 
     such official or body, consolidation is appropriate and 
     consistent with the goals of fairness and economy of 
     resources; and
       ``(vi) include provisions and procedures to permit multiple 
     covered entities to jointly assert claims of overcharges by 
     the same manufacturer for the same drug or drugs in one 
     administrative proceeding, and permit such claims to be 
     asserted on behalf of covered entities by associations or 
     organizations representing the interests of such covered 
     entities and of which the covered entities are members.
       ``(C) Finality of administrative resolution.--The 
     administrative resolution of a claim or claims under the 
     regulations promulgated under subparagraph (A) shall be a 
     final agency decision and shall be binding upon the parties 
     involved, unless invalidated by an order of a court of 
     competent jurisdiction.
       ``(4) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out this subsection, 
     such sums as may be necessary for fiscal year 2008, and each 
     succeeding fiscal year.''.
       (b) Related Amendments.--Section 340B(a)(1) of the Public 
     Health Service Act (42 U.S.C. 256b(a)) is amended by adding 
     at the end the following: ``Each such agreement shall require 
     that the manufacturer furnish the Secretary with reports, on 
     a quarterly basis, of the price for each covered drug subject 
     to the agreement that, according to the manufacturer, 
     represents the maximum price that covered entities may 
     permissibly be required to pay for the drug (referred to in 
     this section as the `ceiling price'), and shall require that 
     the manufacturer offer each covered entity covered drugs for 
     purchase at or below the applicable ceiling price if such 
     drug is made available to any other purchaser at any 
     price.''.

     SEC. 5. OTHER IMPROVEMENTS.

       (a) General.--Section 340B of the Public Health Service Act 
     (42 U.S.C. 256b), as amended by section 4, is further amended 
     by adding at the end the following:
       ``(f) Use of Multiple Contract Pharmacies Permitted.--
     Nothing in this section shall be construed as prohibiting a 
     covered entity from entering into contracts with more than 1 
     pharmacy for the provision of covered drugs, including a 
     contract that supplements the use of an in-house pharmacy 
     arrangement or requires the approval of the Secretary for 
     entering into such a contract.
       ``(g) Intraagency Coordination.--The Secretary shall 
     establish specific measures, policies, and procedures to 
     ensure effective communication and coordination between the 
     Centers for Medicare & Medicaid Services and the Health 
     Resources and Services Administration with respect to all 
     agency actions and all aspects of policy and administration 
     affecting or pertaining to the drug discount program under 
     this section and in which the functions and responsibilities 
     of those agency components are interrelated or 
     interdependent, including through the establishment of a 
     permanent working group that is composed of representatives 
     of both the Health Resources and Services Administration and 
     the Centers for Medicare & Medicaid Services, to identify and 
     oversee matters requiring such coordination.''.
       (b) Effective Dates.--
       (1) Amendment.--Section 340B(d) of the Public Health 
     Service Act (42 U.S.C. 256b(d)) is amended by striking 
     ``Veterans Health Care Act of 1992'' and inserting ``340B 
     Program Improvement and Integrity Act of 2007''.
       (2) Application of act.--The amendments made by this Act 
     shall apply to drugs purchased on or after January 1, 2008.
       (c) Effectiveness Notwithstanding Other Provisions of 
     Law.--Notwithstanding any other provision of law, the 
     amendments made by this Act shall become effective on January 
     1, 2008, and shall be taken into account in determining 
     whether a manufacturer is deemed to meet the requirements of 
     section 340B(a) of the Public Health Service Act (42 U.S.C. 
     256b(a)), and the requirements of section 1927(a)(5) of the 
     Social Security Act (42 U.S.C. 1396r-8(a)(5)).

     SEC. 6. CONFORMING AMENDMENTS.

       Section 1927 of the Social Security Act (42 U.S.C. 1396r-8) 
     is amended--
       (1) in subsection (a)(5)--
       (A) in subparagraph (A), by striking ``covered outpatient'' 
     and inserting ``covered'';
       (B) by redesignating subparagraphs (C) through (E), as 
     subparagraphs (D) through (F), respectively;
       (C) by inserting after subparagraph (B) the following:
       ``(C) Covered drug defined.--In this subsection, the term 
     `covered drug' means a drug defined in section 340B(b)(2) of 
     the Public Health Service Act.'';
       (D) in subparagraph (E), as so redesignated, by striking 
     ``title VI of the Veterans Health Care Act of 1992'' and 
     inserting ``340B Program Improvement and Integrity Act of 
     2007.''; and
       (E) in subparagraph (F), as so redesignated--
       (i) by striking ``as in effect immediately after the 
     enactment of this paragraph'' and inserting ``as in effect 
     upon the effective date of the 340B Program Improvement and 
     Integrity Act of 2007,''; and
       (ii) by striking ``after the date of the enactment of this 
     paragraph'' and inserting ``after the date of enactment of 
     such Act.'';
       (2) in subsection (c)(1)(C)(i)--
       (A) by redesignating subclauses (II) through (IV) as 
     subclauses (III) through (V), respectively; and
       (B) by inserting after subclause (I) the following:

       ``(II) any prices charged for a covered drug as defined in 
     section 340B(b)(2) of the Public Health Service Act;''; and

       (3) in subsection (k)(1), by adding at the end the 
     following:
       ``(D) Calculation for covered drugs.--Notwithstanding any 
     other provision of this subsection, with respect to a covered 
     drug as defined in section 340B(b)(2) of the Public Health 
     Service Act, average manufacturer price means the average 
     price paid to the manufacturer for the drug in the United 
     States by wholesalers for drugs distributed to both the 
     retail pharmacy and acute care classes of trade, after 
     deducting customary prompt pay discounts.''.

[[Page 12308]]


                                 ______
                                 
      By Mr. REID (for himself and Mr. Ensign):
  S. 1377. A bill to direct the Secretary of the Interior to convey to 
the City of Henderson, Nevada, certain Federal land located in the 
City, and for other purposes; to the Committee on Energy and Natural 
Resources.
  Mr. REID. Mr. President, I rise today for myself and Senator Ensign 
to introduce the Southern Nevada Limited Transition Area Act. This bill 
will allow one of Nevada's fastest growing communities to diversify its 
economy, to create space for important small businesses and parks, and 
to encourage appropriate development around an urban airport.
  This legislation was first introduced in the 108th Congress. Its 
purpose is to convey approximately 502 acres of land from the Bureau of 
Land Management to the city of Henderson, NV, for the development of an 
employment and business center and urban green spaces. The parcels are 
located just west and south of the Henderson Executive Airport.
  The Bureau of Land Management has designated these parcels for 
disposal because of the urban surroundings, which renders them 
difficult for the agency to manage.
  This legislation will enhance the ability of a rapidly growing 
community to diversify its economy, gainfully employ its residents, and 
encourage proper land use. The parcels are located in a fast growing 
area of the city, but are impacted by aircraft noise and overflights 
from the nearby Henderson Executive Airport. This makes the property 
unsuitable for residential use. But rather than shying away from it 
because of the limitations on its use, the city of Henderson has put 
together a forward-looking plan that will turn the area into a bustling 
business center.
  Once the Bureau of Land Management conveys the land to Henderson, the 
city would then sell, lease or otherwise convey subdivided lots at fair 
market value. Consistent with the Southern Nevada Public Land 
Management Act, 85 percent of the proceeds would then return to the 
BLM's Special Account for a variety of conservation purposes in Nevada, 
10 percent will go towards community water developments, and 5 percent 
will support the State of Nevada's general education program.
  The city of Henderson's leaders are dedicated to making the city a 
national model of logical development, diversified employment, and 
fiscal sustainability. This bill helps establish the conditions needed 
to realize that vision. In addition to productively diversifying the 
land use pattern in the Las Vegas Valley, the proposed development of 
this land will encourage a broad range of employment opportunities for 
the region, while also helping to pay for public infrastructure in 
nearby residential areas.
  I greatly appreciated the hearing that the Energy and Natural 
Resources Committee had on this bill last Congress. At that hearing, 
the Department of the Interior and others expressed strong support for 
our legislation. A few minor revisions were requested by the 
administration, and I have incorporated those changes into the bill we 
are introducing today. I look forward to working with the committee to 
move this legislation in an expeditious manner during this Congress.
  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. 1377

       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 ``Southern Nevada Limited 
     Transition Area Act''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) City.--The term ``City'' means the City of Henderson, 
     Nevada.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (3) State.--The term ``State'' means the State of Nevada.
       (4) Transition area.--The term ``Transition Area'' means 
     the approximately 502 acres of Federal land located in 
     Henderson, Nevada, and identified as ``Limited Transition 
     Area'' on the map entitled ``Southern Nevada Limited 
     Transition Area Act'' and dated March 20, 2006.

     SEC. 3. SOUTHERN NEVADA LIMITED TRANSITION AREA.

       (a) Conveyance.--Notwithstanding the Federal Land Policy 
     and Management Act of 1976 (43 U.S.C. 1701 et seq.), on 
     request of the City, the Secretary shall, without 
     consideration and subject to all valid existing rights, 
     convey to the City all right, title, and interest of the 
     United States in and to the Transition Area.
       (b) Use of Land for Nonresidential Development.--
       (1) In general.--After the conveyance to the City under 
     subsection (a), the City may sell, lease, or otherwise convey 
     any portion or portions of the Transition Area for purposes 
     of nonresidential development.
       (2) Method of sale.--
       (A) In general.--The sale, lease, or conveyance of land 
     under paragraph (1) shall be through a competitive bidding 
     process.
       (B) Fair market value.--Any land sold, leased, or otherwise 
     conveyed under paragraph (1) shall be for not less than fair 
     market value.
       (3) Compliance with charter.--Except as provided in 
     paragraphs (2) and (4), the City may sell, lease, or 
     otherwise convey parcels within the Transition Area only in 
     accordance with the procedures for conveyances established in 
     the City Charter.
       (4) Disposition of proceeds.--The gross proceeds from the 
     sale of land under paragraph (1) shall be distributed in 
     accordance with section 4(e) of the Southern Nevada Public 
     Land Management Act of 1998 (112 Stat. 2345).
       (c) Use of Land for Recreation or Other Public Purposes.--
     The City may elect to retain parcels in the Transition Area 
     for public recreation or other public purposes consistent 
     with the Act of June 14, 1926 (commonly known as the 
     ``Recreation and Public Purposes Act'') (43 U.S.C. 869 et 
     seq.) by providing to the Secretary written notice of the 
     election.
       (d) Noise Compatibility Requirements.--The City shall--
       (1) plan and manage the Transition Area in accordance with 
     section 47504 of title 49, United States Code (relating to 
     airport noise compatibility planning), and regulations 
     promulgated in accordance with that section; and
       (2) agree that if any land in the Transition Area is sold, 
     leased, or otherwise conveyed by the City, the sale, lease, 
     or conveyance shall contain a limitation to require uses 
     compatible with that airport noise compatibility planning.
       (e) Reversion.--
       (1) In general.--If any parcel of land in the Transition 
     Area is not conveyed for nonresidential development under 
     this Act or reserved for recreation or other public purposes 
     under subsection (c) by the date that 20 years after the date 
     of enactment of this Act, the parcel of land shall, at the 
     discretion of the Secretary, revert to the United States.
       (2) Inconsistent use.--If the City uses any parcel of land 
     within the Transition Area in a manner that is inconsistent 
     with the uses specified in this section--
       (A) at the discretion of the Secretary, the parcel shall 
     revert to the United States; or
       (B) if the Secretary does not make an election under 
     paragraph (1), the City shall sell the parcel of land in 
     accordance with this section.
                                 ______
                                 
      By Mrs. FEINSTEIN (for herself, Mr. Schumer, Mr. Baucus, and Mr. 
        Tester):
  S. 1379. A bill to amend chapter 35 of title 28, United States Code, 
to strike the exception to the residency requirements for United States 
attorneys; to the Committee on the Judiciary.
  Mrs. FEINSTEIN. Mr. President, I rise today to introduce the U.S. 
Attorney Local Residency Restoration Act along with Senators Schumer, 
Baucus, and Tester.
  Simply put, this legislation would eliminate the other language that 
the Department of Justice had inserted into the PATRIOT Act 
reauthorization dealing with U.S. attorneys.
  The first provision added allowed the Attorney General to appoint 
interim U.S. attorneys to vacancies indefinitely without Senate 
confirmation, and I authored a bill to restore the law to require 
interim appointments by the Attorney General for only 120 days, and 
then the district courts can appoint the interim U.S. attorney if a 
permanent replacement has not been nominated and confirmed.
  This bill has passed this body, and I hope will be signed into law 
soon.
  Today, I am offering this legislation to restore the residency 
requirement for sitting U.S. attorneys.
  Before the change, the law required that U.S. attorneys live within 
his district while serving. It seems logical that the U.S. attorney 
should live in the district that he is heading.

[[Page 12309]]

  However, the Department of Justice added language in the PATRIOT Act 
reauthorization that allows a U.S. attorney to live outside of his 
district if the Attorney General assigns dual or additional 
responsibilities to him.
  While U.S. attorneys in both Democratic and Republican 
administrations have served dual roles in the past, this administration 
has once again abused its new authority--this time by placing numerous 
U.S. attorneys in full-time positions throughout the Department of 
Justice, at times in a manner that allows the Department to avoid 
Senate confirmation.
  In fact, Dennis Boyd, executive director of the National Association 
of Assistant U.S. Attorneys, which represents current Federal 
prosecutors, has said, ``I can't think of a time when there's been this 
many U.S. attorneys doing double duty at one time.''
  Currently, there are several U.S. attorneys, that we know about, who 
are serving in a second full-time position here in Washington, while 
still retaining their responsibilities back in their districts. For 
example, Michael J. Sullivan, the U.S. attorney in Boston, has been 
serving as the Acting Director of the Bureau of Alcohol, Tobacco, 
Firearms and Explosives in Washington for the past 6 months, a position 
that requires Senate confirmation;
  Mary Beth Buchanan, U.S. attorney in Pittsburgh, is also the acting 
director of the Office of Violence Against Women, a position that 
requires Senate confirmation, and prior to that she served as Director 
of the Executive Office of U.S. Attorneys; and Kevin O'Connor, U.S. 
attorney in Connecticut, is also serving as an Associate Deputy 
Attorney General coordinating antigang policies.
  Of course, the most well-known example is William Mercer, U.S. 
attorney in Montana. Mr. Mercer has been effectively absent for nearly 
2 years from his State. First, serving as Principal Associate Deputy 
Attorney General, and now working as Acting Associate Attorney General, 
another position that requires Senate confirmation. In fact, through 
staff interviews we have learned that he is only in his State 3 or 4 
days a month.
  Moreover, his consistent absenteeism was having such a negative 
effect on the district that it led to the point where U.S. District 
Chief Judge Donald Molloy of Billings, MT, felt compelled to write to 
the Attorney General on October 20, 2005, to complain. In that letter, 
Chief Judge Molloy wrote that Mr. Mercer's dual roles have led to ``a 
lack of leadership'' in the Montana office and created ``untoward 
difficulties for the court'' and for career prosecutors. Chief Judge 
Molloy also wrote that Mr. Mercer was violating Federal law because he 
``no longer resides in Montana'' and instead was living with his family 
in the Washington, DC, area.
  These facts on their own are cause for alarm.
  However, what is even more disconcerting is the way that Mr. Mercer 
and the Department of Justice have handled this situation.
  We know that the Attorney General responded to Chief Judge Molloy in 
a letter on November 10, 2005, stating that Mr. Mercer ``is in 
compliance with the residency requirement'' under Federal law because 
he ``is domiciled in Montana, returns there on a regular basis, and 
will live there full-time as soon as his temporary assignment is 
completed.''
  We also know through interviews of DOJ staff that Mr. Mercer worked 
with Will Moschella and Senate staff during November 2005 to insert the 
residency exemption language into the PATRIOT Act reauthorization.
  In fact, according to the Washington Post, the response from the 
Attorney General to Chief Judge Molloy occurred on the very same day 
that DOJ asked for the language to be inserted into the PATRIOT Act.
  All this resulted in a change in the law, thus eviscerating the 
conflict.
  However, even beyond this turn of events, what is truly breathtaking 
about this administration's actions with regard to Mr. Mercer is that 
in trying to defend its actions to force numerous U.S. attorneys to 
resign from office, this same Justice Department criticized David 
Iglesias for being ``an absentee landlord.''
  I firmly believe, what is sauce for the goose is sauce for the 
gander. You can't one day try to change the law to make it easier for 
U.S. attorneys to serve in 2 full-time jobs at the same time and then 
the next day fire someone for not being fully present in his job, 
especially when the absence is much more limited and based on service 
to the country in the naval reserves.
  While there are times when U.S. attorneys may be relied upon to fill 
in temporarily, changing the law to ensure that they can hold two full-
time jobs is unacceptable.
  Serving as U.S. attorney is a full-time job, and each district 
throughout this country deserves to have the best qualified person in 
the district focused on the tasks at hand.
  I am quite certain that there are many fine first assistant U.S. 
attorneys capable of stepping up to fill the shoes of an absent U.S. 
attorney; however, these are not the individuals the President has 
nominated and the Senate has confirmed to serve those positions.
  These districts deserve nothing less than the undivided attention of 
their Senate-confirmed U.S. attorneys.
  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. 1379

       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 ``United States Attorney Local 
     Residency Restoration Act of 2007''.

     SEC. 2. REPEAL OF RESIDENCY EXCEPTION.

       (a) In General.--Section 545(a) of title 28, United States 
     Code, is amended by striking the last sentence.
       (b) Effective Date and Applicability.--
       (1) In general.--The amendments made by this section 
     shall--
       (A) take effect on the date of enactment of this Act; and
       (B) apply to any person serving as a United States attorney 
     or an assistant United States attorney on or after such date 
     of enactment.
       (2) Orders.--Any order issued under section 545(a) of title 
     28, United States Code, as in effect on the day before the 
     date of enactment of this Act, shall terminate on such date 
     of enactment.
                                 ______
                                 
      By Mr. SALAZAR (for himself and Mr. Allard):
  S. 1380. A bill to designate as wilderness certain land within the 
Rocky Mountain National Park and to adjust the boundaries of the Indian 
Peaks Wilderness and the Arapaho National Recreation Area of the 
Arapaho National Forest in the State of Colorado; to the Committee on 
Energy and Natural Resources.
  Mr. ALLARD. Mr. President, today I am proud to co-sponsor legislation 
that will designate Rocky Mountain National Park as ``wilderness.''
  This legislation will protect an area that was formed millions of 
years ago when massive glaciers carved an impressive landscape. The 
Rocky Mountain National Park Wilderness Act will ensure that it remains 
unchanged in years to come.
  Today marks the beginning of a new chapter in the long history of the 
Park. As a fifth generation Coloradan and someone who grew up in the 
shadow of Rocky Mountain National Park, it is an honor to have worked 
on this bill. With the introduction of this legislation we continue to 
follow an important wilderness tradition in Colorado.
  Colorado and its representatives have long played an important role 
in the development of Wilderness in our Nation. This dates back to the 
original Wilderness Act. Congressman Wayne Aspinall, who represented 
Colorado's 4th Congressional District and chaired the Committee on 
Interior and Insular Affairs, played a pivotal role in creating the 
Nation's wilderness system with the 1964 Wilderness Act. From the 
inception of the original Wilderness Act through the continued 
development of wilderness in Colorado one thing has remained the same: 
a commitment to working together to find compromise and solutions that 
work for everyone.
  The principle of compromise has held true from the Colorado National 
Forest

[[Page 12310]]

Wilderness Act of 1980 to the Spanish Peaks Wilderness Act in 2000, and 
it is now true with the Rocky Mountain National Park Wilderness Act. I 
am especially proud of the legislation that my colleagues and I have 
introduced because it will preserve the natural elements of the Park 
while protecting water, the West's most valuable resource.
  In a time when wells are being shut down just east of the park, the 
protection of water is more important than ever, and it is vital to 
preserving the agricultural heritage of this area. I am extremely 
pleased that we have been able protect both wilderness and water.
  I would like to thank everyone that has been involved in the 
development of this bill, my colleagues in the United States Congress, 
the local officials that communicated with our offices, and the private 
citizens that shared their thoughts with us on the creation of this 
bill. I would specifically like to recognize former Senators Bill 
Armstrong and Hank Brown, and former Representatives Joe Johnson and 
David Skaggs. We would not be introducing this legislation today 
without these efforts.
  The Rocky Mountain National Park Wilderness Act will ensure that 
Americans, now and in the future, have the ability to enjoy the Park.
                                 ______
                                 
      By Mr. REID:
  S. 1382. A bill to amend the Public Health Service Act to provide the 
establishment of an Amyotrophic Lateral Sclerosis Registry; to the 
Committee on Health, Education, Labor, and Pensions.
  Mr. REID. Mr. President, I rise to introduce the ALS Registry Act.
  Lou Gehrig brought Amyotrophic Lateral Sclerosis, ALS, to the 
public's attention more than 65 years ago and his courage put a human 
face' on this terrible disease. Each of us has a Lou Gehrig back in our 
home State, someone who shows great tremendous courage and grace as 
they wrestle with ALS.
  Over the years, I have worked closely with the Nevada ALS Association 
and have met with many Nevadans who have been touched by this 
devastating illness. One of these Nevadans was a man by the name of 
Steve Rigazio who was invited to testify before the Labor/HHS/Education 
Appropriations Subcommittee in May of 2000. Steve was at the height of 
his career when he was diagnosed with ALS. He worked through the ranks 
of the Nevada Power Company, the largest utility company in the State, 
for 16 years until he became president. He played semi-professional 
baseball. He also played and coached recreational hockey.
  After his diagnosis, Steve continued to show up for work at 6 a.m. 
for as long as he could. Sadly just 20 months after he testified so 
movingly before Congress, Steve Rigazio died of ALS on December 27, 
2001 at the age of 47. He left behind a family that included a wife, 
two children and hundreds of friends. The ALS Steve Rigazio Voice of 
Courage Award was named in his honor as a living testimony to the life 
of this special man.
  Every year approximately 5,600 Americans will learn they have ALS. 
There is no cure for ALS and there is only one FDA approved drug to 
specifically treat ALS. That drug only works for 20 percent of 
patients, and even for them, it merely extends life for a few months.
  ALS has proven particularly hard for scientists and doctors to tackle 
for a number of reasons. One of those reasons is there is not a 
centralized place where data on the disease is collected. Currently, 
there is only a patchwork of data about ALS that does not include the 
entire U.S. population and only includes limited data for specific 
purposes, such as to determine the relationship between military 
service and the disease. Perhaps the most obvious example of the 
limitations of current surveillance systems and registries is that we 
do not know with certainty how many people are living with ALS in the 
United States today. Over 136 years after the discovery of ALS, 
estimates on its prevalence still vary by as much as 100 percent, from 
a low of about 15,000 patients to as many as thirty 30,000.
  The legislation I am introducing today would create an ALS registry 
at the Centers for Disease Control and Prevention, CDC, and will aid in 
the search for a cure to this devastating disease. The registry will 
collect data concerning: the incidence and prevalence of ALS in the 
U.S.; the environmental and occupational factors that may contribute to 
the disease; the age, race or ethnicity, gender and family history of 
individuals diagnosed; and other information essential to the study of 
ALS.
  A national registry will help arm our Nation's researchers and 
clinicians with the tools and information they need to make progress in 
the fight against ALS. The data made available by a registry will 
potentially allow scientists to identify causes of the disease, and 
maybe even lead to the discovery of new treatment, a cure for ALS, or 
even a way to prevent the disease in the first place.
  I first introduced this legislation in 2005. Since that time, we have 
appropriated funding to begin work on the development of a National ALS 
Registry at the CDC. As a result, the CDC has begun pilot proams that 
will: Develop and test strategies to efficiently identify ALS patients, 
and (2) determine how to obtain data from existing registries and 
databases. These pilot programs will help to expedite the development 
of the registry established by this legislation. This is especially 
important considering the life expectancy for a person with ALS is 2 to 
5 years from the time of diagnosis.
  The establishment of a registry will bring new hope to tens of 
thousands of patients and their families that ALS will no longer be a 
death sentence. No one wants to wait another 136 years before a cure is 
found. I urge my colleagues to support the swift passage of the ALS 
Registry Act.
  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. 1382

       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 ``ALS Registry Act''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) Amyotrophic lateral sclerosis (referred to in this 
     section as ``ALS'') is a fatal, progressive neurodegenerative 
     disease that affects motor nerve cells in the brain and the 
     spinal cord.
       (2) The average life expectancy for a person with ALS is 2 
     to 5 years from the time of diagnosis.
       (3) The cause of ALS is not well understood.
       (4) There is only one drug currently approved by the Food 
     and Drug Administration for the treatment of ALS, which has 
     thus far shown only modest effects, prolonging life by just a 
     few months.
       (5) There is no known cure for ALS.
       (6) More than 5,000 individuals in the United States are 
     diagnosed with ALS annually and as many as 30,000 individuals 
     may be living with ALS in the United States today.
       (7) Studies have found relationships between ALS and 
     environmental and genetic factors, but those relationships 
     are not well understood.
       (8) Scientists believe that there are significant ties 
     between ALS and other motor neuron diseases.
       (9) Several ALS disease registries and databases exist in 
     the United States and throughout the world, including the 
     SOD1 database, the National Institute of Neurological 
     Disorders and Stroke repository, and the Department of 
     Veterans Affairs ALS Registry.
       (10) A single national system to collect and store 
     information on the prevalence and incidence of ALS in the 
     United States does not exist.
       (11) In each of fiscal years 2006 and 2007, Congress 
     directed $887,000 to the Centers for Disease Control and 
     Prevention to begin a nationwide ALS registry.
       (12) The Centers for Disease Control and Prevention and the 
     Agency for Toxic Substances and Disease Registry has 
     established three pilot projects, beginning in fiscal year 
     2006, to evaluate the science to guide the creation of a 
     national ALS registry.
       (13) The establishment of a national registry will help--
       (A) to identify the incidence and prevalence of ALS in the 
     United States;
       (B) to collect data important to the study of ALS;

[[Page 12311]]

       (C) to promote a better understanding of ALS;
       (D) to collect information that is important for research 
     into the genetic and environmental factors that cause ALS;
       (E) to strengthen the ability of a clearinghouse--
       (i) to collect and disseminate research findings on 
     environmental, genetic and other causes of ALS and other 
     motor neuron disorders that can be confused with ALS, 
     misdiagnosed as ALS, and in some cases progress to ALS;
       (ii) make available information to patients about research 
     studies for which they may be eligible; and
       (iii) maintain information about clinical specialists and 
     clinical trials on therapies; and
       (F) to enhance efforts to find treatments and a cure for 
     ALS.

     SEC. 3. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT.

       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:

     ``SEC. 399R. AMYOTROPHIC LATERAL SCLEROSIS REGISTRY.

       ``(a) Establishment.--
       ``(1) In general.--Not later than 1 year after the receipt 
     of the report described in subsection (b)(2)(A), the 
     Secretary, acting through the Director of the Centers for 
     Disease Control and Prevention and in consultation with a 
     national voluntary health organization with experience 
     serving the population of individuals with amyotrophic 
     lateral sclerosis (referred to in this section as `ALS'), 
     shall--
       ``(A) develop a system to collect data on ALS and other 
     motor neuron disorders that can be confused with ALS, 
     misdiagnosed as ALS, and in some cases progress to ALS, 
     including information with respect to the incidence and 
     prevalence of the disease in the United States; and
       ``(B) establish a national registry for the collection and 
     storage of such data to include a population-based registry 
     of cases in the United States of ALS and other motor neuron 
     disorders that can be confused with ALS, misdiagnosed as ALS, 
     and in some cases progress to ALS.
       ``(2) Purpose.--It is the purpose of the registry 
     established under paragraph (1)(B) to gather available data 
     concerning--
       ``(A) ALS, including the incidence and prevalence of ALS in 
     the United States;
       ``(B) the environmental and occupational factors that may 
     be associated with the disease;
       ``(C) the age, race or ethnicity, gender, and family 
     history of individuals who are diagnosed with the disease;
       ``(D) other motor neuron disorders that can be confused 
     with ALS, misdiagnosed as ALS, and in some cases progress to 
     ALS; and
       ``(E) other matters as recommended by the Advisory 
     Committee established under subsection (b).
       ``(b) Advisory Committee.--
       ``(1) Establishment.--Not later than 90 days after the date 
     of the enactment of this section, the Secretary, acting 
     through the Director of the Centers for Disease Control and 
     Prevention, shall establish a committee to be known as the 
     Advisory Committee on the National ALS Registry (referred to 
     in this section as the `Advisory Committee'). The Advisory 
     Committee shall be composed of at least one member, to be 
     appointed by the Secretary, acting through the Director of 
     the Centers for Disease Control and Prevention, representing 
     each of the following:
       ``(A) National voluntary health associations that focus 
     solely on ALS and have demonstrated experience in ALS 
     research, care, and patient services, as well as other 
     voluntary associations focusing on neurodegenerative diseases 
     that represent and advocate on behalf of patients with ALS 
     and patients with other motor neuron disorders that can be 
     confused with ALS, misdiagnosed as ALS, and in some cases 
     progress to ALS.
       ``(B) The National Institutes of Health, to include, upon 
     the recommendation of the Director of the National Institutes 
     of Health, representatives from the National Institute of 
     Neurological Disorders and Stroke and the National Institute 
     of Environmental Health Sciences.
       ``(C) The Department of Veterans Affairs.
       ``(D) The Agency for Toxic Substances and Disease Registry.
       ``(E) The Centers for Disease Control and Prevention.
       ``(F) Patients with ALS or their family members.
       ``(G) Clinicians with expertise on ALS and related 
     diseases.
       ``(H) Epidemiologists with experience in data registries.
       ``(I) Geneticists or experts in genetics who have 
     experience with the genetics of ALS or other neurological 
     diseases.
       ``(J) Statisticians.
       ``(K) Ethicists.
       ``(L) Attorneys.
       ``(M) Other individuals with an interest in developing and 
     maintaining the National ALS Registry.
       ``(2) Duties.--The Advisory Committee shall review 
     information and make recommendations to the Secretary 
     concerning--
       ``(A) the development and maintenance of the National ALS 
     Registry;
       ``(B) the type of information to be collected and stored in 
     the Registry;
       ``(C) the manner in which such data is to be collected;
       ``(D) the use and availability of such data including 
     guidelines for such use; and
       ``(E) the collection of information about diseases and 
     disorders that primarily affect motor neurons that are 
     considered essential to furthering the study and cure of ALS.
       ``(3) Report.--Not later than 1 years after the date on 
     which the Advisory Committee is established, the Advisory 
     Committee shall submit a report concerning the review 
     conducted under paragraph (2) that contains the 
     recommendations of the Advisory Committee with respect to the 
     results of such review.
       ``(c) Grants.--Notwithstanding the recommendations of the 
     Advisory Committee under subsection (b), the Secretary, 
     acting through the Director of the Centers for Disease 
     Control and Prevention, may award grants to, and enter into 
     contracts and cooperative agreements with, public or private 
     nonprofit entities for the collection, analysis, and 
     reporting of data on ALS and other motor neuron disorders 
     that can be confused with ALS, misdiagnosed as ALS, and in 
     some cases progress to ALS.
       ``(d) Coordination With State, Local, and Federal 
     Registries.--
       ``(1) In general.--In establishing the National ALS 
     Registry under subsection (a), the Secretary, acting through 
     the Director of the Centers for Disease Control and 
     Prevention, shall--
       ``(A) identify, build upon, expand, and coordinate among 
     existing data and surveillance systems, surveys, registries, 
     and other Federal public health and environmental 
     infrastructure wherever possible, including--
       ``(i) the 3 ALS registry pilot projects initiated in fiscal 
     year 2006 by the Centers for Disease Control and Prevention 
     and the Agency for Toxic Substances and Disease Registry at 
     the South Carolina Office of Research & Statistics; the Mayo 
     Clinic in Rochester, Minnesota; and Emory University in 
     Atlanta, Georgia;
       ``(ii) the Department of Veterans Affairs ALS Registry;
       ``(iii) the DNA and Cell Line Repository of the National 
     Institute of Neurological Disorders and Stroke Human Genetics 
     Resource Center;
       ``(iv) Agency for Toxic Substances and Disease Registry 
     studies, including studies conducted in Illinois, Missouri, 
     El Paso and San Antonio Texas, and Massachusetts;
       ``(v) State-based ALS registries, including the 
     Massachusetts ALS Registry;
       ``(vi) the National Vital Statistics System; and
       ``(vii) any other existing or relevant databases that 
     collect or maintain information on those motor neuron 
     diseases recommended by the Advisory Committee established in 
     subsection (b); and
       ``(B) provide for research access to ALS data as 
     recommended by the Advisory Committee established in 
     subsection (b) to the extent permitted by applicable statutes 
     and regulations and in a manner that protects personal 
     privacy consistent with applicable privacy statutes and 
     regulations.
       ``(2) Coordination with nih and department of veterans 
     affairs.--Notwithstanding the recommendations of the Advisory 
     Committee established in subsection (b), and consistent with 
     applicable privacy statutes and regulations, the Secretary 
     shall ensure that epidemiological and other types of 
     information obtained under subsection (a) is made available 
     to the National Institutes of Health and the Department of 
     Veterans Affairs.
       ``(e) Definition.--For the purposes of this section, the 
     term `national voluntary health association' means a national 
     non-profit organization with chapters or other affiliated 
     organizations in States throughout the United States.
       ``(f) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section, 
     $25,000,000 for fiscal year 2008, and such sums as may be 
     necessary for each of fiscal years 2009 through 2012.''.
                                 ______
                                 
      By Mr. AKAKA:
  S. 1384. A bill to amend title 38, United States Code, to repeal 
authority for adjustments to per diem payments to homeless veterans 
service centers for receipt of other sources of income, to extend 
authorities for certain programs to benefit homeless veterans, and for 
other purposes; to the Committee on Veterans' Affairs.
  Mr. AKAKA. Mr. President, today I introduce legislation that would 
enhance and improve services for homeless veterans administered by the 
Department of Veterans Affairs. This bill addresses a number of areas 
related to care and benefits for homeless veterans. It would modify the 
funding mechanism for community-based services to homeless veterans, 
expand capacity of services for women veterans, and improve outreach to 
servicemem-bers who are at risk of becoming homeless.

[[Page 12312]]

  First, this legislation would lift a number of restrictions on VA's 
grant and per diem program. This program compensates community shelters 
for the services they provide to homeless veterans. VA currently pays 
$27 per day to community shelters for each veteran served. However, $27 
is barely sufficient to cover existing costs, and rising energy prices 
are stretching resources even more.
  To meet the needs of their clients, many shelters seek additional 
sources of funding, but their per diem payments from VA are in turn 
offset by the amount of this additional funding. By eliminating this 
offset, the bill would enable providers to expand their services to 
veterans, and to receive funding from other sources to accomplish these 
expansions.
  This legislation would also address the gap in domiciliary care for 
homeless women veterans. Women veterans are a growing proportion of the 
active duty force and overall veteran population. Homelessness among 
female veterans is a serious problem, and many facilities do not yet 
have the capacity to meet this demand. Domiciliary care is an essential 
component of treatment and rehabilitation, especially for mental health 
and substance abuse conditions which afflict many homeless veterans.
  This bill would require the Secretary of Veterans Affairs to ensure 
that domiciliary programs have the capacity to accommodate women 
veterans, and that their specific safety and security concerns are 
addressed. As women become a larger proportion of the homeless veteran 
population, VA must have the capacity to meet their needs.
  Finally, this legislation would increase efforts to identify and 
assist servicemembers who are at risk of becoming homeless. It would 
make permanent an already established and successful program to aid 
incarcerated veterans in their transition back to civilian life. The 
program identifies at risk individuals and refers them to counseling 
and services, including health care, job training and placement, and 
housing.
  Building on the success of that program, the bill would also create a 
similar program to identify and support at risk individuals in their 
transition from military to civilian life. It has been proven through 
smaller scale efforts that this process can reduce the incidence of 
homelessness and other problems among new veterans who are being 
separated from military service.
  Over 1 million servicemembers have served in Iraq and Afghanistan, 
and as they transition from military service to civilian life some will 
be at risk of homelessness. Any effort VA can make to assist these 
servicemembers will improve lives and reduce the demand for VA homeless 
services in the years to come. We have all heard the sad and shocking 
statistic that one out of every three homeless persons on the street at 
any given time is a veteran. This bill is another step in attempting to 
address and solve this shameful problem.
  I believe that this bill adjusts existing programs to take full 
advantage of existing resources and effective initiatives. I urge all 
of my colleagues to support this legislation.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1384

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

     SECTION 1. REPEAL OF AUTHORITY FOR ADJUSTMENTS TO PER DIEM 
                   PAYMENTS TO HOMELESS VETERANS SERVICE CENTERS 
                   FOR RECEIPT OF OTHER SOURCES OF INCOME.

       Section 2012(a)(2) of title 38, United States Code, is 
     amended--
       (1) by striking subparagraphs (B), (C), and (D); and
       (2) in subparagraph (A)--
       (A) by striking ``The rate'' and inserting ``Except as 
     provided in subparagraph (B), the rate'';
       (B) by striking ``adjusted by the Secretary under 
     subparagraph (B)''; and
       (C) by designating the second sentence as subparagraph (B) 
     and indenting the margin of such subparagraph, as so 
     designated, two ems from the left margin.

     SEC. 2. DEMONSTRATION PROGRAM ON PREVENTING VETERANS AT-RISK 
                   OF HOMELESSNESS FROM BECOMING HOMELESS.

       (a) Demonstration Program.--The Secretary of Veterans 
     Affairs shall carry out (subject to the availability of 
     appropriations) a demonstration program for the purpose of--
       (1) identifying members of the Armed Forces on active duty 
     who are at risk of becoming homeless after they are 
     discharged or released from active duty; and
       (2) providing referral, counseling, and supportive 
     services, as appropriate, to help prevent such members, upon 
     becoming veterans, from becoming homeless.
       (b) Program Locations.--The Secretary shall carry out the 
     demonstration program in at least three locations.
       (c) Identification Criteria.--In developing and 
     implementing the criteria to identify members of the Armed 
     Forces, who upon becoming veterans, are at-risk of becoming 
     homeless, the Secretary of Veterans Affairs shall consult 
     with the Secretary of Defense and such other officials and 
     experts as the Secretary considers appropriate.
       (d) Contracts.--The Secretary of Veterans Affairs may enter 
     into contracts to provide the referral, counseling, and 
     supportive services required under the demonstration program 
     with entities or organizations that meet such requirements as 
     the Secretary may establish.
       (e) Sunset.--The authority of the Secretary under 
     subsection (a) shall expire on September 30, 2011.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated $2,000,000 for the purpose of carrying out 
     the provisions of this section.

     SEC. 3. EXPANSION AND EXTENSION OF AUTHORITY FOR PROGRAM OF 
                   REFERRAL AND COUNSELING SERVICES FOR AT-RISK 
                   VETERANS TRANSITIONING FROM CERTAIN 
                   INSTITUTIONS.

       (a) Program Authority.--Subsection (a) of section 2023 of 
     title 38, United States Code, is amended by striking ``a 
     demonstration program for the purpose of determining the 
     costs and benefits of providing'' and inserting ``a program 
     of''.
       (b) Scope of Program.--Subsection (b) of such section is 
     amended--
       (1) by striking ``Demonstration'' in the subsection 
     heading;
       (2) by striking ``demonstration''; and
       (3) by striking ``in at least six locations'' and inserting 
     ``in at least 12 locations''.
       (c) Extension of Authority.--Subsection (d) of such section 
     is amended by striking ``shall cease'' and all that follows 
     and inserting ``shall cease on September 30, 2011.''.
       (d) Conforming Amendments.--
       (1) Subsection (c)(1) of such section is amended by 
     striking ``demonstration''.
       (2) The heading of such section is amended to read as 
     follows:

     ``Sec. 2023. Referral and counseling services: veterans at 
       risk of homelessness who are transitioning from certain 
       institutions''.

       (3) Section 2022(f)(2)(C) of such title is amended by 
     striking ``demonstration''.
       (e) Clerical Amendment.--The table of sections at the 
     beginning of chapter 20 of such title is amended by striking 
     the item relating to section 2023 and inserting the 
     following:

``2023. Referral and counseling services: veterans at risk of 
              homelessness who are transitioning from certain 
              institutions.''.

     SEC. 4. AVAILABILITY OF GRANT FUNDS TO SERVICE CENTERS FOR 
                   PERSONNEL.

       Section 2011 of title 38, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(i) Availability of Grant Funds for Service Center 
     Personnel.--A grant under this section for a service center 
     for homeless veterans may be used to provide funding for 
     staff as necessary in order for the center to meet the 
     service availability requirements of subsection (g)(1).''.

     SEC. 5. PERMANENT AUTHORITY FOR DOMICILIARY SERVICES FOR 
                   HOMELESS VETERANS AND ENHANCEMENT OF CAPACITY 
                   OF DOMICILIARY CARE PROGRAMS FOR FEMALE 
                   VETERANS.

       Subsection (b) of section 2043 of title 38, United States 
     Code, is amended to read as follows:
       ``(b) Enhancement of Capacity of Domiciliary Care Programs 
     for Female Veterans.--The Secretary shall take appropriate 
     actions to ensure that the domiciliary care programs of the 
     Department are adequate, with respect to capacity and with 
     respect to safety, to meet the needs of veterans who are 
     women.''.
                                 ______
                                 
      By Mr. NELSON of Florida:
  S. 1385. A bill to designate the United States courthouse facility 
located at 301 North Miami Avenue, Miami, Florida, as the ``C. Clyde 
Atkins United States Courthouse''; to the Committee on Environment and 
Public Works.
  Mr. NELSON of Florida. Mr. President, I have introduced a bill that 
will honor one of Florida's great jurists, the Honorable C. Clyde 
Atkins, by naming the Federal building at 301 North Miami Avenue in 
Miami, FL, the ``C.

[[Page 12313]]

Clyde Atkins United States Courthouse.'' This is a fitting tribute to 
Judge Atkins. His public service provides a model for members of the 
legal profession, indeed, for all Americans, who respect the rule of 
law and believe in equal justice under law.
  Before becoming a judge, Judge Atkins, who earned his law degree at 
the University of Florida, already had distinguished himself in private 
practice. He served as the president of both the Florida bar and the 
Dade County Bar Association. In 1966, President Johnson appointed Judge 
Atkins to serve on the U.S. District Court for the Southern District of 
Florida. He served until his death in 1999 at the age of 84. From 1977 
until 1982, Judge Atkins was the chief judge for the Southern District, 
and his leadership ensured that the court remained effective through a 
period when Miami confronted serious problems involving refugees, 
violence, and drug smuggling.
  Judge Atkins rendered important decisions in the areas of civil 
rights and civil liberties. By the luck of the draw, he was assigned to 
many controversial cases, earning him the nickname ``Hard Luck Clyde,'' 
and it was for those rulings, often involving important civil rights 
and civil liberties issues, that he will be best remembered.
  For example, in a decision involving Miami's homeless population, he 
ordered the creation of ``safe zones'' where the homeless could 
congregate without fear of arrest. This important decision had a ripple 
effect, helping to give rise to efforts throughout the Nation to 
rehabilitate the homeless through training and the creation of 
shelters. He also ruled in support of Cuban and Haitian refugees who 
were held at Guantanamo Bay, Cuba, and against the government's 
repatriation policy. And finally, he presided over the desegregation of 
Dade County's public schools for more than 20 years.
  Judge Atkins was a person of faith. He was the first Catholic 
appointed to the bench in the Southern District, and Pope Benedict VI 
named him a Knight of St. Gregory. Judge Atkins also earned recognition 
from the National Conference of Christians and Jews, the Anti-
Defamation League, and the American Judicature Society, to name a few.
  The proposal to name the courthouse in Miami after Judge Atkins has 
been supported by leaders of the bar in the Southern District, 
including the Dade County Bar Association. Passage of my bill will 
ensure that the C. Clyde Atkins Courthouse will stand as an enduring 
tribute to an admired and respected Federal judge and the principles 
for which he stood for generations to come.
                                 ______
                                 
      By Mr. REED:
  S. 1386. A bill to amend the Housing and Urban Development Act of 
1968, to provide better assistance to low- and moderate-income 
families, and for other purposes; to the Committee on Banking, Housing, 
and Urban Affairs.
  Mr. REED. Mr. President, today I introduce the Homeownership 
Protection and Enhancement Act of 2007, HOPE Act. This legislation 
would reauthorize and amend Section 106 of the Housing and Urban 
Development Act of 1968, so that we can improve on Federal efforts to 
support and sustain homeownership.
  As we all know, during the past several years, housing prices in 
cities and States around the country have far outpaced any increase in 
wages. Families have been stretching themselves financially to get into 
homeownership, and many families have started using alternative or 
exotic mortgages loan products to purchase their homes.
  According to First American Loan Performance, in 2006, in my own 
State of Rhode Island, nearly 16 percent of all home-purchase loans 
were ``interest only.'' However, as home prices have declined, many 
people who took out these exotic loans are now finding they owe more 
than the value of their property.
  The Center for Responsible Lending estimates that nationally one in 
five subprime loans originated during the prior 2 years will end in 
foreclosure, costing homeowners $164 billion, mostly in lost equity.
  It appears that we are just at the beginning of what could be a 
perfect storm, as many credit-stressed borrowers still face resets of 
these exotic adjustable-rate and payment option loans. There were 1.2 
million foreclosures reported nationwide last year, up 42 percent from 
2005, according to RealtyTrac, a database of foreclosed properties. 
RealtyTrac also reports 430,000 foreclosure filings in the first 
quarter of 2007, a 35 percent jump over the same period in 2006.
  The increasing rate of foreclosures across the country is troubling. 
Not only are individual families losing their homes and their financial 
nest eggs, but there is a negative ripple effect across communities and 
the economy. That is why I am introducing the Homeownership Protection 
and Enhancement Act, or HOPE Act.
  This bill seeks to help States establish and enhance outreach 
programs to proactively find homeowners at risk of losing their homes 
and help them avoid foreclosure. States will be rewarded for having set 
up effective programs to help curtail foreclosures with additional 
funding and resources. An incentive is provided for more States to 
follow suit and reach out to delinquent borrowers, offer them access to 
financial counseling, and, when appropriate, help them negotiate a plan 
to restructure their debt.
  In particular, the HOPE Act provides $50 million for the creation and 
operation of State Homeownership Protection Centers. The centers can 
serve as a one-stop resource, offering consumers a broad range of 
services and assistance, such as financial assessments, counseling, or 
referrals to families in need. It authorizes $260 million in 
competitive grants to States who operate State Homeownership Protection 
Centers for revolving loan funds to offer one-time grants or subsidized 
loans to qualified families. It increases funding to $300 million for 
effective HUD-approved counseling agencies. Finally, it sets aside $5 
million for the creation of a Federal database on defaults and 
foreclosures to improve oversight of public and private efforts to 
sustain homeownership.
  In addition, to help prevent future borrowers from taking on 
unsustainable mortgages and falling into foreclosure, the HOPE Act 
would create an affirmative duty for lenders and servicers to engage in 
reasonable loss mitigation prior to foreclosure. It would also require 
notifications by lenders and servicers to borrowers regarding the full 
array of counseling services available in their State at every critical 
step, at application, at closing, and upon delinquency. Finally, if a 
State has a State Homeownership Protection Center, lenders and 
servicers would be required to refer borrowers who are 60 days or more 
delinquent to the center so that it can proactively attempt to reach 
distressed borrowers.
  I am introducing the HOPE Act because when homes get foreclosed on, 
it is not just the borrowers and lenders who pay the price, whole 
neighborhoods suffer. Housing industry experts estimate that for every 
foreclosure within an eighth of a mile of a house, two and a half city 
blocks in every direction, the property value of surrounding homes 
drops by about 1 percent. I believe that the Federal Government has a 
responsibility to step in and ensure that millions of Americans, 
including neighbors who never took out a risky loan and have scrimped 
and saved to pay their bills on time, are not adversely affected by the 
subprime foreclosure crisis.
  This legislation is targeted relief that will help more families keep 
their homes and save communities nationwide millions of dollars. We 
need to act swiftly before personal financial tragedies turn into a 
full blown national financial crisis.
  The HOPE Act will set us on the path to meeting an important national 
goal, creating sustainable homeownership. I hope my colleagues will 
join me in supporting this bill and other foreclosure prevention 
efforts.
  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:

[[Page 12314]]



                                S. 1386

       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 ``Homeownership Protection and 
     Enhancement Act of 2007''.

     SEC. 2. REFORM OF SECTION 106 OF THE HOUSING AND URBAN 
                   DEVELOPMENT ACT OF 1968.

       Section 106 of the Housing and Urban Development Act of 
     1968 (12 U.S.C. 1701x) is amended--
       (1) in subsection (c)--
       (A) in paragraph (3)--
       (i) in subparagraph (A)(ii), by striking ``; and'' and 
     inserting ``; or''; and
       (ii) in subparagraph (A)(iii), by striking ``involving 
     principal'' and all that follows through ``the appraised'' 
     and inserting ``in which a homeowner has total equity equal 
     to less than 3 percent of the appraised'';
       (B) in paragraph (4)--
       (i) in subparagraph (C)--

       (I) in clause (i), by striking ``; or'' and inserting a 
     semicolon;
       (II) in clause (ii), by striking the period at the end and 
     inserting a semicolon;
       (III) by adding at the end the following:

       ``(iii) a significant reduction in the income of the 
     household due to divorce or death; or
       ``(iv) a significant increase in basic expenses of the 
     homeowner or an immediate family member of the homeowner 
     (including the spouse, child, or parent for whom the 
     homeowner provides substantial care or financial assistance) 
     due to--

       ``(I) an unexpected or significant increase in medical 
     expenses;
       ``(II) a divorce;
       ``(III) unexpected and significant damage to the property, 
     the repair of which will not be covered by private or public 
     insurance;
       ``(IV) a large property-tax increase; or
       ``(V) a large increase in condominium or cooperative fees, 
     dues, or assessments; or''; and

       (ii) by adding at the end the following:
       ``(D) the Secretary of Housing and Urban Development 
     determines that the annual income of the homeowner is no 
     greater than the annual income established by the Secretary 
     as being of low- or moderate-income.'';
       (C) in paragraph (5)--
       (i) by striking subparagraph (A) and inserting a new 
     subparagraph (A) as follows:
       ``(A) Notification of availability of pre-purchase 
     homeownership counseling, homeownership counseling, and 
     homeownership protection center services.--
       ``(i) Notification to mortgage applicants at time of 
     mortgage application.--

       ``(I) In general.--A proposed mortgagee shall provide 
     notice to any applicant for a mortgage described in paragraph 
     (4).
       ``(II) Content of notice.--The notice required under 
     subclause (I) shall--

       ``(aa) if provided to an eligible mortgage applicant, state 
     that completion of a counseling program is required for 
     insurance pursuant to section 203 of the National Housing Act 
     (12 U.S.C.1709);
       ``(bb) notify the mortgage applicant of the availability of 
     homeownership counseling provided by non-profit organizations 
     approved by the Secretary and experienced in the provision of 
     pre-purchase homeownership counseling, or provide the toll-
     free telephone number established by the Secretary under 
     subparagraph (D)(i); and
       ``(cc) notify the mortgage applicant or homeowner by a 
     statement or notice, written in plain English by the 
     Secretary of Housing and Urban Development, in consultation 
     with the Secretary of Defense and the Secretary of the 
     Treasury, explaining the mortgage and foreclosure rights of 
     servicemembers, and the dependents of such servicemembers, 
     under the Servicemembers Civil Relief Act (50 U.S.C. App. 501 
     et seq.), including the toll-free military one source number 
     to call if servicemembers, or the dependents of such 
     servicemembers, require further assistance.
       ``(ii) Notification at time of closing of availability of 
     counseling upon delinquency and services of state 
     homeownership protection centers.--

       ``(I) In general.--At the time of closing, and together 
     with the final signed loan documents, a mortgagee shall 
     provide to the homeowner a plain language statement in 
     conspicuous 16-point type or larger which shall include the 
     following:

       ``(aa) Counseling statement.--A counseling statement that 
     reads as follows:

     ``If you are more than 30 days late on your mortgage 
     payments, your lender or loan servicer is required by law to 
     notify you of agencies approved by the United States 
     Department of Housing and Urban Development (HUD) that may be 
     able to assist you, including the contact information for 
     your State Homeownership Protection Center if there is one 
     operating in your State. Before you miss another mortgage 
     payment, you are strongly encouraged to contact your lender 
     or loan servicer or one of the agencies on the approved list 
     for assistance. If you are more than 60 days late on your 
     mortgage payments, your lender or loan servicer is required 
     by law to send you a second notification containing this 
     information. In addition, if you are more than 60 days late 
     on your mortgage payment and you are registered with a State 
     Homeownership Protection Center, your lender or loan servicer 
     also will be required to notify the Center, so that the 
     Center can contact you regarding any assistance it may be 
     able to provide.

       ``(bb) Counseling agency listing.--A listing of at least 5 
     housing counseling agencies approved by the Department of 
     Housing and Urban Development, at least 1 of which is located 
     in the State in which the property to be mortgaged is 
     located.
       ``(cc) Toll-free number.--The listing of the toll-free 
     telephone number established by the Secretary under 
     subparagraph (D)(i).
       ``(dd) Contact information for state homeownership 
     protection center.--The contact information, including 
     telephone number, email address, and physical address of the 
     State Homeownership Protection Center, if such a Center is 
     operating in the State in which the property to be mortgaged 
     is located.
       ``(ee) Notice to servicemembers or dependents of 
     servicemembers.--A statement, written in plain English, 
     drafted by the Secretary of Housing and Urban Development, in 
     consultation with the Secretary of Defense and the Secretary 
     of the Treasury, explaining the mortgage and foreclosure 
     rights of servicemembers, and the dependents of such 
     servicemembers, under the Servicemembers Civil Relief Act (50 
     U.S.C. App. 501 et seq.), including the toll-free military 
     one source number to call if servicemembers, or the 
     dependents of such servicemembers, require further 
     assistance.
       ``(ff) Summary of duty to engage in loss mitigation.--A 
     brief summary of the obligation of the mortgagee to engage in 
     reasonable loss mitigation activities for the purpose of 
     providing an alternative to foreclosure, including language 
     informing the homeowner that the mortgagee's failure to 
     comply with such loss mitigation requirements constitutes a 
     defense to the foreclosure.

       ``(II) Manner of disclosure.--

       ``(aa) 1 document.--At the discretion of the mortgagee, the 
     mortgagee may provide all the information required under 
     clause (I) in one single document.
       ``(bb) Required description of document at closing.--A 
     mortgagee shall briefly describe the document in item (aa) to 
     the homeowner during closing.

       ``(III) Other requirements at time of closing for 
     mortgagees operating in a state where a state homeownership 
     protection center is located.--

       ``(aa) Registration with state homeownership protection 
     centers.--In addition to the required documents described in 
     subclauses (I) and (II), at the time of closing the mortgagee 
     shall explain in writing and verbally that the homeowner's 
     name and contact information will be registered with a State 
     Homeownership Protection Center so that the Center can 
     attempt to reach the homeowner if the homeowner is 60 days or 
     more late in making any mortgage payment.
       ``(bb) Brochures.--The mortgagee shall distribute to a 
     homeowner any brochure, pamphlet, or other brief document 
     prepared by the State Homeownership Protection Center that 
     describes the services provided by the Center.
       ``(cc) Duty of mortgagee to forward information.--The 
     mortgagee shall forward to the State Homeownership Protection 
     Center the contact information of the mortgage applicant and 
     shall agree to notify the Center if the mortgage payment of 
     the homeowner is or becomes more than 60 days late so that 
     the Center can attempt to reach the homeowner.
       ``(dd) Required disclosures to the homeowner.--Each 
     homeowner shall be informed that being registered with a 
     State Homeownership Protection Center under this subclause 
     may provide easier access to assistance in case of financial 
     difficulty and that no information that would make it 
     possible to identify the homeowner will be given to any other 
     entity for any reason without the prior approval of the 
     homeowner.
       ``(ee) Additional responsibilities of mortgagees.--The 
     mortgagee shall note registration with the State 
     Homeownership Protection Center with the loan information of 
     the homeowner, however such information is stored, and shall 
     ensure that any entity which purchases the loan of the 
     homeowner is aware of where they are registered and the 
     requirement that the State Homeownership Protection Center be 
     notified if the homeowner is or becomes more than 60 days 
     late on any mortgage payment.
       ``(iii) Notice upon delinquency of homeowner.--

       ``(I) In general.--Except as provided in subparagraph (C)--

       ``(aa) if a homeowner becomes 30 or more days late on any 
     mortgage payment, the mortgagee shall provide notice in the 
     manner described in clause (iv) to any eligible homeowner who 
     fails to pay any amount within 30 days of the date the amount 
     is due under a home loan;
       ``(bb) if a homeowner becomes 60 or more days late on any 
     mortgage payment, the mortgagee shall provide notice to the 
     homeowner a second time in the manner described in clause 
     (iv) to any eligible homeowner who fails to pay any amount 
     within 60 days of the date the amount is due under a home 
     loan; and

[[Page 12315]]

       ``(cc) if a homeowner becomes 60 or more days late on any 
     mortgage payment, and such homeowner is registered with a 
     State Homeownership Protection Center, the mortgagee shall 
     provide notice to that State Homeownership Protection Center.

       ``(II) Failure to provide notice.--Failure to provide 
     notice to a homeowner or to a State Homeownership Protection 
     Center required under this subsection constitutes a defense 
     to foreclosure.

       ``(iv) Content of notice upon delinquency of homeowner.--

       ``(I) Registered homeowners.--The notice required under 
     clause (iii) for a homeowner registered with a State 
     Homeownership Protection Center shall--

       ``(aa) notify the homeowner of the availability of any 
     homeownership counseling provided by the mortgagee;
       ``(bb) provide the homeowner a current copy of the 
     statement described in clause (ii)(I) provided to the 
     homeowner at closing; and
       ``(cc) when the homeowner becomes 60 or more days late on 
     any mortgage payment--

       ``(AA) notify the State Homeownership Protection Center 
     with whom the homeowner is registered; and
       ``(BB) provide the Center with the contact information of 
     the homeowner.
       ``(II) Non-registered homeowners.--The notice required 
     under clause (iii) for a homeowner not registered with a 
     State Homeownership Protection Center shall--

       ``(aa) notify the homeowner of the availability of any 
     homeownership counseling provided by the mortgagee; and
       ``(bb) provide the homeowner a current copy of the 
     statement described in clause (ii)(I) provided to the 
     homeowner at closing.

       ``(III) Mailings.--When the notice required under clause 
     (iii) is sent, the outside of the mailing envelope shall 
     state that such mailing contains federally required 
     information on Federal Government-approved financial 
     counseling agencies.'';

       (ii) by striking subparagraph (B) and inserting a new 
     subparagraph (B) as follows:
       ``(B) Deadline for notification.--The notification required 
     in subparagraph (A) shall be made in a manner approved by the 
     Secretary.'';
       (iii) in subparagraph (D)(i)(I), by inserting ``post-
     purchase'' before ``homeownership counseling''; and
       (iv) by adding at the end the following:
       ``(F) Nationwide availability.--The Secretary shall ensure 
     that each State is served by at least one local, regional, or 
     national agency with an office in the State that provides the 
     services described in this paragraph.'';
       (D) in paragraph (6)(D), by inserting ``for a primary 
     residence'' before the period;
       (2) by striking subsection (d) and inserting the following:
       ``(d) Grants to States for State Homeownership Protection 
     Centers.--
       ``(1) In general.--The Secretary shall award grants, on a 
     competitive basis, to State housing finance agencies or any 
     other designated State agency, to enable such agencies to 
     establish and operate State Homeownership Protection Centers.
       ``(2) Notification of funding availability.--The Secretary 
     shall release a Notification of Funding Availability for 
     grants awarded under this subsection for a fiscal year not 
     later than 3 months after the date of enactment of the 
     appropriate Act making appropriations for the Department of 
     Housing and Urban Development for the fiscal year.
       ``(3) Application.--
       ``(A) Submission to the secretary.--To be eligible to 
     receive a grant under this subsection, a State housing 
     finance agency or any other designated State agency shall 
     submit an application to the Secretary, at such time and in 
     such manner as the Secretary may require, and containing such 
     information as the Secretary determines necessary--
       ``(i) to determine the ability of such agency to operate a 
     Center; and
       ``(ii) to establish priorities for funding based on need.
       ``(B) Announcement of awards.--The Secretary shall 
     announce, within 4 months after the last date for the 
     submission of applications described in subparagraph (A) for 
     a fiscal year, the grants conditionally awarded under this 
     subsection for that fiscal year.
       ``(4) Purpose.--The purpose of any State Homeownership 
     Protection Center established under paragraph (1) shall be--
       ``(A) to provide a centralized location for information on, 
     and referral to, public services available to assist a 
     homeowner who is in default on their home loan;
       ``(B) to provide a homeowner with referrals to counseling 
     agencies approved by the Department of Housing and Urban 
     Development that may be able to assist that homeowner, if 
     that homeowner is in default on their home loan; and
       ``(C) to attempt to contact each homeowner who is 
     registered with the Center who is more than 60 days late on 
     any mortgage payment with the goal of--
       ``(i) determining--

       ``(I) if such homeowner needs assistance in avoiding 
     foreclosure on their home; and
       ``(II) what kind of assistance is needed by such homeowner 
     to avoid foreclosure on their home; and

       ``(ii) providing referrals to any appropriate programs or 
     entities that may be able to provide any such assistance.
       ``(5) Homeownership protection centers.--
       ``(A) Use of funds.--Each State housing finance agency or 
     any other designated State agency, who is a recipient of a 
     grant under paragraph (1) may only use such grant amounts to 
     establish and operate State Homeownership Protection Centers 
     in that State.
       ``(B) Required activities.--Each State Homeownership 
     Protection Center established under this section shall, at a 
     minimum--
       ``(i) provide a toll-free number through which any 
     homeowner in financial distress can receive--

       ``(I) information on--

       ``(aa) the Center and its services; and
       ``(bb) public programs that provide assistance to 
     homeowners; and

       ``(II) a listing of counseling agencies approved by the 
     Department of Housing and Urban Development;

       ``(ii) provide information to homeowners on available 
     community resources relating to homeownership, including--

       ``(I) public assistance or benefits programs;
       ``(II) mortgage assistance programs;
       ``(III) home repair assistance programs;
       ``(IV) legal assistance programs;
       ``(V) utility assistance programs;
       ``(VI) food assistance programs; and
       ``(VII) other Federal, State, or local government funded 
     social service;

       ``(iii) provide staff who--

       ``(I) are able to conduct a brief assessment of the 
     situation of a homeowner; and
       ``(II) based on such assessment can--

       ``(aa) make appropriate referrals to, and provide 
     application information regarding, programs that can provide 
     assistance to such homeowner; and
       ``(bb) provide a listing of counseling agencies approved by 
     the Department of Housing and Urban Development; and
       ``(iv) provide to any homeowner in financial distress 
     access to applications for public assistance or benefits 
     program which may be of assistance to such homeowner.
       ``(C) Additional activities.--In addition to the services 
     required under subparagraph (B), each State Homeownership 
     Protection Center shall--
       ``(i) be technologically capable of--

       ``(I) accepting and recording in a secure database the 
     contact information of any homeowner forwarded to the Center 
     by a mortgagee pursuant to subsection (c)(5)(A)(ii)(III); and
       ``(II) accessing the contact information described in 
     subclause (I), if the Center is notified by a mortgagee 
     pursuant to subsection (c)(5)(A)(ii)(III) that the homeowner 
     is 60 or more days late in paying any amount due under the 
     home loan of such homeowner;

       ``(ii) if notified by a mortgagee pursuant to subsection 
     (c)(5)(A)(ii)(III) that a homeowner who is registered with 
     the Center is 60 or more days late in paying any amount due 
     under the home loan of such homeowner, attempt to contact 
     such homeowner to provide assistance or suggest public 
     programs or counseling agencies that may provide assistance 
     to the homeowner; and
       ``(iii) not release to the public or to any third party the 
     name of any homeowner who is registered with the Center, or 
     of any person who visits the Center for assistance, or any 
     other information that would make it possible to identify 
     such a person, without the prior written consent of such 
     homeowner or person.
       ``(6) Grants to states with homeownership protection 
     centers to assist homeowners in default.--
       ``(A) Grant authority.--The Secretary shall award 
     competitive grants to State housing finance agencies, or to 
     any other designated State agency, located in a State with a 
     State Homeownership Protection Center established under 
     paragraph (1), to enable such agencies in partnership with 
     State Homeownership Protection Centers to provide 1-time 
     emergency grants or subsidized loans to eligible homeowners 
     to assist such homeowners in satisfying any amounts past due 
     on their home loans.
       ``(B) Notification of funding availability.--The Secretary 
     shall release a Notification of Funding Availability for 
     grants awarded under this paragraph for a fiscal year not 
     later than 3 months after the date of enactment of the 
     appropriate Act making appropriations for the Department of 
     Housing and Urban Development for the fiscal year.
       ``(C) Application.--
       ``(i) Submission to the secretary.--To be eligible to 
     receive a grant under this paragraph a State housing finance 
     agency or any other designated State agency located in a 
     State where a State Homeownership Protection Center is 
     located, shall submit an application to the Secretary at such 
     time and in such manner as the Secretary may require, and 
     containing such information as the Secretary determines 
     necessary--

       ``(I) to determine compliance with the requirements and 
     criteria under this paragraph; and
       ``(II) to establish priorities for funding based on need.

       ``(ii) Announcement of awards.--The Secretary shall 
     announce, within 4 months after

[[Page 12316]]

     the last date for the submission of applications described in 
     this paragraph for a fiscal year, the grants conditionally 
     awarded under this paragraph for that fiscal year.
       ``(D) Other requirements.--
       ``(i) Separate accounts.--To be eligible to receive any 
     amounts awarded under this paragraph and prior to providing 
     any emergency grants or subsidized loans, a State housing 
     finance agency or any other designated State agency shall 
     establish a separate account in which such amounts are to be 
     held.
       ``(ii) Limited use.--Any amounts made available for 
     purposes of this paragraph in any appropriations Act shall be 
     used only to provide 1-time emergency grants or subsidized 
     loans to eligible homeowners to assist such homeowners in 
     satisfying any amounts past due on their home loan as 
     authorized under subparagraph (A).
       ``(iii) Repayment of loans.--Any amounts repaid on a 
     subsidized loan made under this paragraph shall be deposited 
     back into the separate account established under clause (i) 
     from which the loan funds originated.
       ``(iv) Other funding.--Amounts donated or otherwise 
     directed to be used for purposes of this paragraph may be 
     deposited in any separate account established under clause 
     (i) to help capitalize such account.
       ``(E) Program requirements.--
       ``(i) In general.--Each State housing finance agency or any 
     other designated State agency that is a recipient of a grant 
     to assist homeowners in default under this paragraph, in 
     cooperation with the State Homeownership Protection Centers 
     in such State, shall develop program requirements for 
     eligible homeowners seeking a 1-time emergency grant or 
     subsidized loan under this paragraph.
       ``(ii) Required content.--The program requirements 
     developed under clause (i) shall, at a minimum, include the 
     following:

       ``(I) That any loan or grant under this paragraph may be 
     provided for up to a four-family owner-occupied residence, 
     including one-family units in a condominium project or a 
     membership interest and occupancy agreement in a cooperative 
     housing project, that is used as the principal residence of 
     the applicant seeking such grant or loan.
       ``(II) That each applicant for a loan or grant shall be a 
     permanent resident of the State in which the principal 
     residence of such applicant is located.
       ``(III) That each applicant--

       ``(aa) provide documentation that such applicant either--

       ``(AA) is suffering from financial hardship which is 
     unexpected or due to circumstances beyond the control of the 
     applicant; or
       ``(BB) is eligible for homeownership counseling under 
     subsection (c)(4); and

       ``(bb) offer proof that such applicant is unable, without 
     financial assistance--

       ``(AA) to correct any delinquency on any amounts past due 
     on the home loan of such applicant within a reasonable time; 
     and
       ``(BB) to make full payment on any home loan payment due 
     within the next 30 days.
       ``(IV) That a State Homeownership Protection Center, State 
     housing finance agency, or any other designated State agency, 
     or its designee, has determined, in its discretion, that 
     there is a reasonable prospect that any applicant for a grant 
     or loan under this paragraph will be able to resume full 
     payments on the home loan of such applicant not later than 12 
     months after the date on which such applicant will first 
     receive any grant or loan amounts under this paragraph.
       ``(V) That the applicant has not, at any point prior, and 
     with respect to the same real property, previously received a 
     grant or loan under this paragraph.

       ``(F) Loan requirements.--
       ``(i) Rate of interest.--Any loan under this section shall 
     carry a simple annual percentage rate of interest which shall 
     not exceed the prime rate of interest, as such prime rate is 
     determined from time to time by at least 75 percent of the 30 
     largest depository institutions in the Nation.
       ``(ii) No compounding.--Interest on the outstanding 
     principal balance of any loan under this section shall not 
     compound.
       ``(iii) Balance due.--

       ``(I) In general.--The principal of any loan made under 
     this paragraph, including any interest accrued on such 
     principal, shall not be due and payable unless--

       ``(aa) the real property securing such loan is sold or 
     transferred; or
       ``(bb) the last surviving homeowner of such real property 
     dies.

       ``(II) Deposit of balance due.--If either event described 
     in subclause (I) occurs, the principal of any loan made under 
     this paragraph, including any interest accrued on such 
     principal, shall immediately become due and payable to the 
     State entity from which the loan originated.

       ``(iv) No penalty for prepayment.--Any homeowner who 
     receives a loan under this paragraph may repay the loan in 
     full, without penalty, by lump sum or by installment 
     payments, at any time prior to the loan becoming due and 
     payable.
       ``(v) Cap on loan amount.--The amount of any loan to any 1 
     homeowner under this section shall not exceed 20 percent of 
     the original mortgage amount borrowed by the homeowner.
       ``(vi) Subordination permitted.--Any loan made under this 
     paragraph will be subordinated to any refinancing of the 
     first mortgage, any preexisting subordinate financing, any 
     purchase money mortgage, or subordinated for any other 
     reason, as determined by the State.
       ``(G) Existing loan funds.--Any State or State housing 
     finance agency with a previously existing fund established to 
     make loans to assist homeowners in satisfying any amounts 
     past due on their home loan may use funds appropriated for 
     purposes of this section for that existing loan fund, even if 
     the eligibility, application, program, or use requirements 
     for that loan program differ from the eligibility, 
     application, program, and use requirements of this paragraph, 
     unless such use is expressly determined by the Secretary to 
     be inappropriate.'';
       (3) in subsection (f)(2)(A), by striking ``and rental 
     counselors.'' and inserting ``counselors in both pre-purchase 
     and post-purchase counseling and in training rental 
     counselors.''; and
       (4) by adding at the end the following:
       ``(g) Duty To Engage in Loss Mitigation.--
       ``(1) In general.--Upon default of any federally related 
     mortgage, as defined in section 3(1)(B) of the Real Estate 
     Settlement Procedures Act of 1974 (12 U.S.C. 2202(1)(B)), a 
     mortgagee shall engage in reasonable loss mitigation 
     activities for the purpose of providing an alternative to 
     foreclosure.
       ``(2) Defense to foreclosure.--A mortgagee's failure to 
     comply with the requirements of paragraph (1) constitutes a 
     defense to the foreclosure.
       ``(3) No foreclosure if notice of application for home 
     preservation loan.--A mortgagee shall not initiate or 
     continue a foreclosure--
       ``(A) upon receipt of a written confirmation that the 
     homeowner has applied for a home preservation loan under 
     subsection (d)(6); and
       ``(B) for the period of 1 month after receipt of such 
     written confirmation or until the mortgagee is informed, in 
     writing, that the homeowner is not eligible for a home 
     preservation loan, whichever occurs first.
       ``(4) Definition of loss mitigation activities.--
       ``(A) In general.--As used in this subsection, the term 
     `loss mitigation activities' means activities that minimize 
     the potential losses to a homeowner or investor that may 
     result from--
       ``(i) a homeowner's inability to pay the mortgage payments 
     due on a home loan; and
       ``(ii) any subsequent foreclosure action.
       ``(B) Alternative to foreclosure.--Loss mitigation 
     activities provide alternatives to foreclosure whenever 
     possible and reasonably ensure the long-term affordability of 
     any mortgage retained pursuant to such activities.
       ``(C) Process of mitigation.--
       ``(i) In general.--Loss mitigation activities involve 
     reasonably analyzing the borrower's financial situation, 
     evaluating the property value of the property to be 
     mortgaged, and assessing the feasibility of measures 
     including--

       ``(I) waiver of any late payment charge or, if applicable, 
     penalty interest;
       ``(II) forbearance pursuant to a written agreement between 
     the borrower and the servicer providing for a temporary 
     reduction in monthly payments followed by a reamortization 
     and new repayment schedule including the arrearage;
       ``(III) waiver, modification, or variation of any term of a 
     mortgage, including modifications that change the mortgage 
     rate, forgive the payment of principal or interest, extend 
     the final maturity date of such mortgage, or begin to include 
     an escrow for taxes and insurance;
       ``(IV) acceptance of payment from the homeowner of an 
     amount less than the stated principal balance in final 
     satisfaction of such mortgage;
       ``(V) assumption;
       ``(VI) pre-foreclosure sale; and
       ``(VII) deed in lieu of foreclosure.

       ``(ii) Priority.--Activities described in subclauses (V), 
     (VI), and (VII) shall only be pursued after a reasonable 
     evaluation of the feasibility of activities described in 
     subclause (I), (II), (III), and (IV), based upon the 
     homeowner's circumstances.
       ``(h) Oversight of Public and Private Efforts To Reduce 
     Mortgage Defaults and Foreclosures.--
       ``(1) Monitoring of home loans.--The Secretary, in 
     consultation with the Department of Housing and Urban 
     Development, the Office of the Comptroller of the Currency, 
     the Board of Governors of the Federal Reserve System, the 
     Federal Deposit Insurance Corporation, the National Credit 
     Union Administration, and the Office of Thrift Supervision, 
     shall develop and implement a plan to monitor--
       ``(A) conditions and trends in the mortgage industry in 
     order to predict, as best as possible, likely future trends 
     in foreclosures; and
       ``(B) the effectiveness of public efforts to reduce 
     mortgage defaults and foreclosures.
       ``(2) Annual report to congress on monitoring of home 
     loans.--Not later than 1 year after the development of the 
     plan under paragraph (1), and every year thereafter, the 
     Secretary shall submit a report to Congress that--

[[Page 12317]]

       ``(A) summarizes and describes the findings of the 
     monitoring required under that subparagraph; and
       ``(B) includes recommendations or proposals for legislative 
     or administrative action--
       ``(i) to increase the authority of the Secretary to levy 
     penalties against any mortgagee, or other person or entity, 
     who fails to comply with the requirements described in this 
     section; and
       ``(ii) to improve coordination between various public and 
     private initiatives to reduce the overall rate of mortgage 
     defaults and foreclosures.
       ``(3) Compliance plan and report.--The Secretary, in 
     consultation with the Department of Housing and Urban 
     Development, the Office of the Comptroller of the Currency, 
     the Board of Governors of the Federal Reserve System, the 
     Federal Deposit Insurance Corporation, the National Credit 
     Union Administration, and the Office of Thrift Supervision, 
     shall--
       ``(A) develop a plan to monitor the compliance with the 
     requirements established in this section by mortgagees and 
     other persons or entities; and
       ``(B) report such plan to Congress.
       ``(4) Development of a national database on defaults and 
     foreclosures.--
       ``(A) In general.--The Secretary, in consultation with the 
     Department of Housing and Urban Development, the Office of 
     the Comptroller of the Currency, the Board of Governors of 
     the Federal Reserve System, the Federal Deposit Insurance 
     Corporation, the National Credit Union Administration, and 
     the Office of Thrift Supervision, shall develop 
     recommendations for a national database on mortgage defaults 
     and foreclosures.
       ``(B) Goals of national database.--In developing the 
     recommendations under subparagraph (A), the Secretary shall 
     consider the goals of such a national database, which are as 
     follows:
       ``(i) To provide Federal regulatory agencies with 
     information on--

       ``(I) mortgagees that generate home loans which go into 
     default or foreclosure at a rate significantly higher than 
     the national average for such mortgagees; and
       ``(II) the various factors associated with those higher 
     rates.

       ``(ii) To provide information to the Federal Government on 
     loans, defaults, foreclosures, and sheriff sales--

       ``(I) which is not otherwise readily available;
       ``(II) which would allow for a better understanding of 
     local, regional, and national trends in delinquencies, 
     defaults, and foreclosures; and
       ``(III) so that public policies to reduce defaults and 
     foreclosures may be improved.

       ``(C) Report on outcomes of home loans.--
       ``(i) In general.--In order to satisfy the requirement set 
     forth in this paragraph and paragraph (1), the Secretary 
     shall promulgate rules within 18 months of the date of 
     enactment of the Homeownership Protection and Enhancement Act 
     of 2007 requiring each lender who has originated 100 or more 
     loans in the previous calendar year on behalf of itself or 
     another person or entity, or each person or entity that has 
     serviced 100 or more loans in the previous calendar year on 
     behalf of itself or another entity, to report to the 
     Secretary, on an annual basis, whatever data the Secretary, 
     in consultation with the Department of Housing and Urban 
     Development, the Office of the Comptroller of the Currency, 
     the Board of Governors of the Federal Reserve System, the 
     Federal Deposit Insurance Corporation, the National Credit 
     Union Administration, and the Office of Thrift Supervision, 
     deems sufficient to meet the requirements set forth in 
     subparagraph (B).
       ``(ii) Content of report.--At a minimum, each report 
     required under clause (i) shall include data--

       ``(I) using the same identification requirements for each 
     loan for which information is submitted as are established 
     under the Home Mortgage Disclosure Act (12 U.S.C. 2801 et 
     seq.) for data reporting, namely--

       ``(aa) year of origination;
       ``(bb) agency code of originator;
       ``(cc) respondent identification number of originator; and
       ``(dd) the identifying number for the loan;

       ``(II) regarding the characteristics of each home loan 
     originated in the preceding 12 months by the lender, person, 
     or entity, including--

       ``(aa) loan-to-value ratio at the time of origination for 
     each mortgage on the property;
       ``(bb) whether or not there is an escrow account for taxes 
     and insurance;
       ``(cc) the type of mortgage, such as a fixed-rate or 
     adjustable-rate mortgage; and
       ``(dd) any other loan or loan underwriting characteristics 
     determined by the Secretary, and the regulators with whom the 
     Secretary consults under the terms of subparagraph (C)(i), to 
     be necessary in order to meet the requirements of 
     subparagraph (B) and that are not already available to the 
     Secretary through a national mortgage database;

       ``(III) regarding the performance outcomes of each home 
     loan originated in the preceding 12 months by the lender, 
     person, or entity, including--

       ``(aa) if such home loan was in delinquency at any point in 
     such 12-month period; and
       ``(bb) if any foreclosure proceeding was initiated on such 
     home loan during such 12-month period;

       ``(IV) sufficient to establish for each home loan that at 
     any point during the preceding 12 months had become 60 or 
     more days delinquent with respect to a payment on any amount 
     due under the home loan, or for which a foreclosure 
     proceeding was initiated, the interest rate on such home loan 
     at the time of such delinquency or foreclosure;
       ``(V) regarding foreclosures, including--

       ``(aa) the date of all foreclosures initiated by the 
     lender, person, or entity; and
       ``(bb) the combined loan-to-value ratio of all mortgages on 
     a home at the time foreclosure proceedings were initiated; 
     and

       ``(VI) indicating each home loan for which a foreclosure 
     proceeding was completed in the preceding 12 months, 
     including--

       ``(aa) foreclosure proceedings initiated in such 12-month 
     period; and
       ``(bb) the date of the foreclosure completion.
       ``(D) Requirement of federal financial institutions 
     examination council to create a consolidated database.--The 
     Federal Financial Institutions Examination Council shall 
     create a consolidated database that establishes a connection 
     between the data provided under the Home Mortgage Disclosure 
     Act (12 U.S.C. 2801 et seq.) and the data provided under this 
     subsection.
       ``(E) Report to congress on national database.--Not later 
     than 12 months after the date of enactment of the 
     Homeownership Protection and Enhancement Act of 2007, the 
     Secretary shall report to Congress the recommendations 
     required under subparagraph (A).
       ``(i) Rule of Construction Regarding Mortgagees.--As used 
     in this section--
       ``(1) the term `mortgagee'--
       ``(A) means the original lender under a mortgage; and
       ``(B) includes--
       ``(i) any servicers, affiliates, agents, subsidiaries, 
     successors, or assignees of such lender; and
       ``(ii) any subsequent purchaser, trustee, or transferee of 
     any mortgage or credit instrument issued by such lender; and
       ``(2) the term `servicer' means any person who collects on 
     a home loan, whether they are the owner, the holder, the 
     assignee, the nominee for the loan, or the beneficiary of a 
     trust, or any person acting on behalf of such person.
       ``(j) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section--
       ``(1) $615,000,000 for fiscal year 2008, of which--
       ``(A) $300,000,000 shall be for grants to counseling 
     organizations under subsection (c);
       ``(B) $260,000,000 shall be for competitive grants to 
     States to establish revolving loan funds under subsection 
     (d)(6);
       ``(C) $50,000,000 shall be for grants to establish and 
     operate State Homeownership Protection Centers under 
     subsection (d)(1); and
       ``(D) $5,000,000 shall be to create the Federal database 
     under subsection (h)(4);
       ``(2) $635,000,000 for fiscal year 2009; and
       ``(3) such sums as necessary for each of fiscal years 2010 
     through 2012.''.
                                 ______
                                 
      By Ms. SNOWE (for herself and Ms. Collins):
  S. 1388. A bill establish a commercial truck highway safety 
demonstration program in the State of Maine, and for other purposes; to 
the Committee on Environment and Public Works.
  Ms. SNOWE. Mr. President, I rise today to join my colleague, Senator 
Collins, to introduce legislation that will rectify an impediment to 
international commerce flowing through Maine, but more importantly, 
will offer a measure of protection that many of my constituents in 
Maine do not currently possess.
  As many of our colleagues know, expanding upon the current Federal 
truck weight limitation of 80,000 pounds is often looked upon as 
dangerous, flaunting the safety of drivers who may be faced with a 
truck weighing as much as 143,000 pounds, the limit on Interstates in 
Massachusetts and New York. While I certainly concur that safety of 
drivers is very important, and I have the record to prove it, I ask you 
do not overlook the safety of pedestrians as well.
  In Maine, where we currently have a limited exemption along the Maine 
Turnpike, many trucks traveling to or from the Canadian border or into 
upstate Maine are not able to travel on our Interstates as a result of 
the 80,000 pound weight limit. This forces many of them onto secondary 
roads, many of which are two-lane roads running through small towns and 
villages in Maine. Tanker trucks carrying fuel are passing elementary 
schools, libraries, and weaving through traffic to reach

[[Page 12318]]

our Air National Guard station. Not only is this an inefficient method 
of bringing necessary fuel guardsmen that provide our national 
security, but imagine if you will one of those tanker trucks rupturing 
on Main Street, potentially causing serious damage to property, causing 
traffic chaos, and most importantly, killing or injuring drivers and 
pedestrians.
  This is not a far-fetched scenario. In fact, two pedestrians were 
killed in the past year in Maine as a result of overweight trucks on 
local roadways, one tragic instance occurring within sight of the 
nearby Interstate.
  What is the result of such traffic? According to study conducted by 
the Maine Department of Transportation, traffic fatalities involving 
trucks weighing 100,000 pounds are 10 times greater on secondary roads 
in Maine than on the exempted interstates. Serious injuries are seven 
times more likely. Not to mention the exorbitant cost of maintaining 
these secondary roads, forced to handle these massive trucks. These 
roads were not designed to handle this kind of traffic. Our interstates 
were, yet these trucks are consistently prevented from traveling on 
them.
  The argument against such trucks is that it is a ``slippery slope'' 
that if you allow one State to have such an exemption, pretty soon 
you'll have to give every State such an exemption. Well, I would like 
to remind the opponents of this amendment that we are halfway there 
already. A total of 27 States already have some type of exemption, and 
47 States allow trucks weighing over 80,000 pounds on some roads within 
their State. To offer a clear picture of this, if you are driving a 
truck weighing 100,000 pounds, you can leave Gary, IN, just outside of 
Chicago, and can operate that vehicle all the way to Portland, ME. 
There, of course, they have to unload the additional weight to continue 
on the Interstate, or travel the remainder of the way through the State 
on these local roads, endangering the populace and other drivers.
  Conversely, you can operate a truck weighing 90,000 pounds from 
Kansas City, MO, and travel to Seattle, WA. So I ask you, is this truly 
a legitimate reason for opposition while my constituents are taking 
their lives in their hands when merely crossing Main Street?
  I would especially like to thank Senator Collins for her steadfast 
effort as, side-by-side, we continue to seek a resolution to this 
issue.
  Ms. COLLINS. Mr. President, I rise to join with my senior colleague 
from Maine in sponsoring the Commercial Truck Highway Safety 
Demonstration Program Act, an important bill that addresses a 
significant safety problem in our State.
  Under current law, trucks weighing 100,000 pounds are allowed to 
travel on the portion of Interstate 95 designated as the Maine 
Turnpike, which runs from Maine's border with New Hampshire to Augusta, 
our capital city. At Augusta, the turnpike designation ends, but I-95 
proceeds another 200 miles north to Houlton. At Augusta, however, heavy 
trucks must exit the modern four-lane, limited-access highway and are 
forced onto smaller, two-lane secondary roads that pass through cities, 
towns, and villages.
  Trucks weighing up to 100,000 pounds are permitted on interstate 
highways in New Hampshire, Massachusetts, and New York as well as the 
Canadian Provinces of New Brunswick and Quebec. The weight limit 
disparity on various segments of Maine's Interstate Highway System is a 
significant impediment to commerce, increases wear-and-tear on our 
secondary roads, and, most important, puts our people needlessly at 
risk.
  Senator Snowe and I have introduced this legislation several times in 
recent years. We do so this year with a renewed sense of urgency, and 
in sorrow. Just last week, Susan Abraham, a bright and talented 17-
year-old high school student from Hampden, ME, lost her life when her 
car was struck by a heavy truck on Route 9. The truck driver could not 
see Susan's small car turning onto that two-lane road as he rounded a 
corner. It was an accident but one that would have been avoided had the 
truck remained on the interstate highway. Interstate 95 runs less than 
three-quarters of a mile away, but Federal law prevented the truck from 
using that modern, divided highway, a highway that was designed to 
provide ample views of the road ahead.
  That preventable tragedy took place almost 1 year to the day after 
Lena Gray, an 80-year-old resident of Bangor, was struck and killed by 
a tractor-trailer as she was crossing a downtown street. Again, that 
accident would not have occurred had that truck been allowed to use I-
95, which runs directly through Bangor.
  The problem Maine faces due to the disparity in truck weight limits 
affects many communities, but it is clearly evident in the eastern 
Maine cites of Bangor and Brewer. In this region, a 2-mile stretch of 
Interstate 395 connects two major state highways that carry significant 
truck traffic across Maine. I-395 affords direct and safe access 
between these major corridors, but because of the existing Federal 
truck weight limit, many heavy trucks are prohibited from using this 
multilane, limited access highway.
  Instead, these trucks, which sometimes carry hazardous materials, are 
required to maneuver through the downtown portions of Bangor and Brewer 
on two-lane roadways. Truckers are faced with two options; the first is 
a 3.5 mile diversion through downtown Bangor that requires several very 
difficult and dangerous turns. The second route is a 7.5 mile diversion 
that includes 20 traffic lights and requires travel through portions of 
downtown Bangor as well. Congestion is a significant issue, and safety 
is seriously compromised as a result of these required diversions.
  In June 2004, Wilbur Smiths Associates, a nationally recognized 
transportation consulting firm, completed a study to examine the impact 
a Federal weight exemption on nonexempt portions of Maine's Interstate 
Highway System would have on safety, pavement, and bridges. The study 
found that extending the current truck weight exemption on the Maine 
Turnpike to all interstate highways in Maine would result in a decrease 
of 3.2 fatal crashes per year. A uniform truck weight limit of 100,000 
pounds on Maine's interstate highways would reduce highway miles, as 
well as the travel times necessary to transport freight through Maine, 
resulting in safety, economic, and environmental benefits. Moreover, 
Maine's extensive network of local roads would be better preserved 
without the wear and tear of heavy truck traffic.
  Most important, however, a uniform truck weight limit will keep 
trucks on the interstate where they belong, rather than on roads and 
highways that pass through Maine's cities, towns, and neighborhoods.
  In addition to the safety of motorists and pedestrians, there is a 
homeland security aspect to this as well. An accident or attack 
involving a heavy truck carrying explosive fuel or a hazardous chemical 
on a congested city street would have devastating consequences. That 
risk can be alleviated substantially by allowing those trucks to stay 
on the open highway.
  The legislation that Senator Snowe and I are introducing addresses 
the safety issues we face in Maine because of the disparities in truck 
weight limits. The legislation directs the Secretary of Transportation 
to establish a commercial truck safety pilot program in Maine. Under 
the pilot program, the truck weight limit on all Maine highways that 
are part of the interstate highway system would be set at 100,000 
pounds for three years. During the waiver period, the Secretary would 
study the impact of the pilot program on safety and would receive the 
input of a panel on which State officials, and representatives from 
safety organizations, municipalities, and the commercial trucking 
industry would serve. The waiver would become permanent if the panel 
determined that motorists were safer as a result of a uniform truck 
weight limit on Maine's Interstate Highway System.
  Maine's citizens and motorists are needlessly at risk because too 
many heavy trucks are forced off the interstate and onto local roads. 
The legislation Senator Snowe and I are introducing is a commonsense 
approach to a

[[Page 12319]]

significant safety problem in my State. Our efforts are widely 
supported by public officials throughout Maine, including the Governor, 
the Maine Department of Transportation, the Maine Secretary of State, 
and the Maine State Police. I urge my colleagues to support this 
important legislation.
                                 ______
                                 
      By Mr. OBAMA (for himself, Ms. Snowe, and Mr. Bingaman):
  S. 1389. A bill to authorize the National Science Foundation to 
establish a Climate Change Education Program; to the Committee on 
Health, Education, Labor, and Pensions.
  Mr. OBAMA. Mr. President, I rise today to introduce legislation, 
cosponsored by Ms. Snowe and Mr. Bingaman, to better educate Americans 
about climate change. We are today introducing the Climate Change 
Education Act, to broaden Americans' understanding of global warming.
  There may still be disputes about exactly how much humans contribute 
to the warming of our atmosphere. But there is near certainty that the 
air we breathe is being changed by ever increased levels of greenhouse 
gases, with effects on climate, resources, and habitats.
  Last week, I attended a hearing of the Foreign Relations Committee, 
where the issue of climate change was shown to also affect our national 
security. A report issued by a panel of distinguished military leaders 
concluded that climate change will be globally destabilizing, leading 
to diminished access to fresh water, reduced food production as India 
and sub-Saharan Africa become hotter and drier, increased health crises 
as vector-borne diseases spread, and displacement of large populations 
as sea levels rise and coastal lands flood. As scarcities increase, 
conflicts over diminishing resources will also increase. Governments in 
resource-stressed countries may collapse. Environmental stresses may 
lead to human migration and refugees.
  I mention this to emphasize that climate change has surprising 
ramifications, and that there is still much that we can all learn about 
this issue, with effects that go well beyond traditional environmental 
concerns. It is important that we all become better informed, that we 
analyze the information about climate change, so that we can learn how 
to more rationally respond.
  We believe it is important to educate our Nation about the causes and 
effects of climate change and about how we might effectively respond. 
Reaching a solution to the challenge of climate change will require 
changes in both national policy and in our use of energy and resources. 
All of this will require a thoughtful understanding of the issue.
  The Climate Change Education Act would create a program at the 
National Science Foundation, which would provide opportunities for 
students and citizens to learn more about global warming. The program 
would include a national information campaign to promote new approaches 
to addressing climate change and would also establish a competitive 
program to provide grants to develop education materials. Earlier this 
month, the House of Representatives passed the campanion, H.R. 1728, to 
this bill.
  I urge my colleagues to support this legislation.

                          ____________________