S1328 CONGRESSIONAL RECORD — SENATE January 30, 2007 enhance the COPS ON THE BEAT ents and by Americans around the in size from Menomonie Housing Au- grant program, and for other purposes. country, including unaffordable rental thority to Milwaukee Housing Author- S. 382 burdens, lack of safe and affordable ity about the shortfall in operating At the request of Ms. COLLINS, the housing stock, and public safety con- funds and the negative impact it is name of the Senator from Connecticut cerns in public and federally assisted having on the communities these hous- (Mr. LIEBERMAN) was added as a co- housing. My legislation is fully offset, ing agencies are serving. This shortfall sponsor of S. 382, a bill to amend the while also providing $2.69 billion in def- in operating subsidies impacts public Public Health Service Act to establish icit reduction over the next 10 years. housing authorities and the people a State family support grant program Increasing numbers of Americans are they serve by reducing funding for to end the practice of parents giving facing housing affordability challenges, maintenance costs associated with run- legal custody of their seriously emo- whether they are renters or home- ning buildings and limiting the serv- tionally disturbed children to State owners. But the housing affordability ices that housing authorities can pro- agencies for the purpose of obtaining burden falls most heavily on low-in- vide, such as covering utility cost in- mental health services for those chil- come renters throughout our country. creases. The joint funding resolution dren. Ensuring that all Americans have safe filed yesterday also included an in- and secure housing is about more than crease of $300 million for public hous- S. 415 just providing families with somewhere ing authorities to pay for these impor- At the request of Mr. BROWNBACK, the to live, however. Safe and decent hous- tant operating costs, including the in- name of the Senator from North Caro- ing provides children with stable envi- creases in utility costs. This is a good lina (Mrs. DOLE) was added as a cospon- ronments, and research has shown that start and we must continue working sor of S. 415, a bill to amend the Re- students achieve at higher rates if they this year to provide much-needed as- vised Statutes of the United States to have secure housing. Affordable hous- sistance to these housing authorities prevent the use of the legal system in ing allows families to spend more of and the individuals and families they a manner that extorts money from their income on life’s other necessities serve. State and local governments, and the including groceries, health care, and Unfortunately, affordable housing is Federal Government, and inhibits such education costs as well as save money becoming less, not more, available in governments’ constitutional actions for their futures. I have heard from a the United States. Research shows that under the first, tenth, and fourteenth number of Wisconsinites around my the number of families facing severe amendments. State about their concerns about the housing cost burdens grew by almost S. CON. RES. 2 lack of affordable housing, homeless- two million households between 2001 At the request of Mr. BIDEN, the ness, and the increasingly severe cost and 2004. Additionally, one in three name of the Senator from Minnesota burdens that families have to under- families spends more than 30 percent of (Ms. KLOBUCHAR) was added as a co- take in order to afford housing. their earnings on housing costs. The sponsor of S. Con. Res. 2, a concurrent This bill is especially needed now, National Alliance to End Homelessness resolution expressing the bipartisan given the breakdown in the fiscal year reports that at least 500,000 Americans resolution on Iraq. 2007 appropriations process. This week, are homeless every day and two million S. RES. 34 the House is scheduled to pass a joint to three million Americans are home- At the request of Mr. KERRY, the funding resolution to fund federal less for various lengths of time each name of the Senator from Delaware agencies through the rest of fiscal year year. Cities, towns, and rural commu- (Mr. BIDEN) was added as a cosponsor of 2007. I have heard from Wisconsinites nities across the country are con- S. Res. 34, a resolution calling for the concerned that the funding levels in fronting a lack of affordable housing strengthening of the efforts of the the resolution could affect the ability for their citizens. This is not an issue United States to defeat the Taliban of various local housing authorities to that confronts just one region of the and terrorist networks in Afghanistan. serve the same number of individuals Nation or one group of Americans. De- S. RES. 39 as were assisted last year, never mind cent and affordable housing is so essen- trying to serve the increasing numbers tial to the well-being of Americans At the request of Mr. BYRD, the name of the Senator from Vermont (Mr. of individuals around the State who that the Federal Government must need housing assistance. Yesterday, provide adequate assistance to our citi- SANDERS) was added as a cosponsor of S. Res. 39, a resolution expressing the the House Appropriations Committee zens to ensure that all Americans can sense of the Senate on the need for ap- filed the joint funding resolution and I afford to live in safe and affordable proval by the Congress before any of- am pleased to see the Committee in- housing. Congress has created effective afford- fensive military action by the United cluded a boost in funding for Section 8 able housing and community develop- States against another nation. tenant-based and project-based vouch- ers, allowing HUD to renew the vouch- ment programs, but as is the case with AMENDMENT NO. 154 ers that are currently in use by fami- many of the Federal social programs, At the request of Mr. ENSIGN, the lies. In addition to maintaining the these housing programs are inad- name of the Senator from Alabama current level of vouchers, I hope that equately funded and do not meet the (Mr. SESSIONS) was added as a cospon- we in Congress can work together this need in our communities. We in Con- sor of amendment No. 154 proposed to year to fund new Section 8 vouchers to gress must do what we can to ensure H.R. 2, a bill to amend the Fair Labor help address the critical rental assist- these programs are properly funded, Standards Act of 1938 to provide for an ance needs throughout the country. while taking into account the tight fis- increase in the Federal minimum wage. My bill does not address every hous- cal constraints we are facing. f ing need out there, but I believe it is a The Section 8 Housing Choice Vouch- good, necessary first step. My legisla- er Program, originally created in 1974, STATEMENTS ON INTRODUCED tion does address a number of different is now the largest Federal housing pro- BILLS AND JOINT RESOLUTIONS issues that local communities in my gram in terms of HUD’s budget with By Mr. FEINGOLD: State and around the country are fac- approximately two million vouchers S. 427. A bill to provide for additional ing, including the need for more rental currently authorized. Yet the current section 8 vouchers, to reauthorize the assistance, the creation and preserva- number of vouchers does not come Public and Assisted Housing Drug tion of more affordable housing units, close to meeting the demand that ex- Elimination Program, and for other and the ability to more adequately ad- ists in communities around our coun- purposes; to the Committee on Bank- dress public safety concerns of resi- try. In my State of Wisconsin, the city ing, Housing, and Urban Affairs. dents of federally assisted housing. of Milwaukee opened up their Section 8 Mr. FEINGOLD. Mr. President, today Congress needs to act on other vital waiting list for the first time since 1999 I am reintroducing the Affordable housing needs this year including ad- earlier this year for twenty four hours Housing Expansion and Public Safety dressing the large shortfall in the pub- and received more than 17,000 applica- Act to address some of the housing af- lic housing operating fund. I have tions. The city of Madison has not ac- fordability issues faced by my constitu- heard from housing authorities ranging cepted new applications for Section 8

VerDate Aug 31 2005 02:16 Jan 31, 2007 Jkt 059060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A30JA6.024 S30JAPT1 bajohnson on PROD1PC61 with SENATE January 30, 2007 CONGRESSIONAL RECORD — SENATE S1329 in over three years and reports that future years. We need to make a com- pating jurisdictions in Wisconsin saw a hundreds of families are on the waiting mitment to find the resources in our decline in HOME dollars, with some ju- list. budget to ensure continued and in- risdictions seeing a decline of more Unfortunately, situations like this creased funding for Section 8 vouchers. than six percent. We need to ensure exist around the country. According to We should examine doing more than these funding cuts to HOME do not the 2005 U.S. Conference of Mayors just providing more money for Section continue in the future and we must Hunger and Homelessness Survey, close 8. There have been numerous stories in provide more targeted resources within to 5,000 people are on the Section 8 my home State of Wisconsin about var- HOME for the people most in need. waiting list in Boston. Detroit has not ious concerns with the Section 8 pro- But, as successful as the HOME pro- taken applications for the past two gram, ranging from potential discrimi- gram is, more needs to be done to as- years and currently has a waiting list nation on the part of landlords in de- sist extremely low income families. My of over 9,000 people. Phoenix closed its clining to rent to Section 8 voucher legislation seeks to target additional waiting list in 2005 and reported that holders to the administrative burdens resources to the Americans most in 30,000 families were on its waiting list. landlords face when participating in need by using the HOME structure to In certain cities, waiting lists are years the Section 8 program. Additionally, distribute new funding to participating long and according to the Center on there are substantial concerns with the jurisdictions with the requirement that Budget and Policy Priorities, the typ- funding formula the Bush Administra- these participating jurisdictions use ical waiting period for a voucher was tion is currently using for the Section these set-aside dollars to produce, two and a half years in 2003. Given 8 program. I look forward to working rehab, or preserve affordable housing these statistics, it is clear there is the with my colleagues in this Congress to for extremely low income families, or need for more Section 8 vouchers than address these and other issues and people at 30 percent of area median in- currently exist. make the Section 8 program more ef- come or below. While there are certainly areas of the fective, more secure, and more acces- As we all know, extremely low in- Section 8 program that need to be ex- sible to citizens throughout the coun- come households face the most severe amined and perhaps reformed, a num- try. affordable housing cost burdens of any ber of different government agencies But providing rental assistance is not Americans. According to data from and advocacy organizations all cite the the only answer to solving the housing HUD and the American Housing Sur- effectiveness of Section 8 in assisting affordability problem in our country. vey, 56 percent of extremely low in- low-income families in meeting some We must also work to increase the come renter households deal with se- of their housing needs. In 2002, the Gov- availability of affordable housing stock vere affordability housing issues while ernment Accountability Office deter- in our communities through facili- only 25 percent of these renters are not mined that the total cost of a one-bed- tating production of housing units af- burdened with affordability concerns. room housing unit through the Section fordable to extremely low and very low HUD also found that half of all ex- 8 program costs less than it would income Americans. The HOME Invest- tremely low income owner households through other federal housing pro- ments Partnership Program, more are severely burdened by affordability grams. The same year, the Bipartisan commonly known as HOME, was cre- concerns. Data shows more than 75 per- Millennial Housing Commission re- ated in 1990 to assist states and local cent of renter households with severe ported to Congress that the Section 8 communities in producing affordable housing affordability burdens are ex- program is ‘‘flexible, cost-effective, and housing for low income families. HOME tremely low income families and more successful in its mission.’’ is a grant program that allows partici- than half of extremely low income The Commission further stated that pating jurisdictions the flexibility to households pay at least half of their in- the vouchers ‘‘should continue to be use funds for new production, preserva- come on housing. The Bipartisan Mil- the linchpin of a national policy pro- tion, and rehabilitation of existing lennial Housing Commission has stated viding very low-income renters access housing stock. HOME is an effective that ‘‘the most serious housing prob- to the privately owned housing stock.’’ federal program that is used in concert lem in America is the mismatch be- The Commission also called for funding with other existing housing programs tween the number of extremely low in- for substantial annual increments of to provide affordable housing units for come renter households and the num- vouchers for families who need housing low income Americans throughout the ber of units available to them with ac- assistance. This recommendation country. ceptable quality and affordable rents.’’ echoes the calls by advocates around According to recent data from HUD, The Commission also noted that there the country, many of whom have called since fiscal year 1992, over $23 billion is no federal program solely for the for 100,000 new, or incremental, Section has been allocated through the HOME preservation or production of housing 8 vouchers to be funded annually by program to participating jurisdictions for extremely low or moderate income Congress. around the country. There have been families. My bill takes this first step, calling over 800,000 units committed, including Because of these severe burdens and for the funding of 100,000 incremental over 200,000 new construction units. the high cost of providing safe and af- vouchers in fiscal year 2008. I have HUD reports that over 700,000 units fordable housing to families at 30 per- identified enough funds in my offsets have been completed or funded. Com- cent or below of area median income, to provide money for the renewal of munities in my State of Wisconsin my bill would provide $400 million an- these 100,000 vouchers for the next dec- have received over $370 million since nually on top of the money that Con- ade. While this increase does not meet 1992 and have seen over 20,000 housing gress already appropriates through the total demand that exists out there units completed since 1992. Cities and HOME. I have heard from a number of for Section 8 vouchers, I believe it is a States around the country are able to housing advocates in Wisconsin that strong first step. My legislation is fully report numerous success stories in part we have effective housing programs but offset and if it were passed in its cur- due to the HOME funding that has been the programs are not funded ade- rent form, would provide for the imme- allocated to participating jurisdictions quately. This is why I decided to ad- diate funding of these vouchers. I be- since 1992. The Bipartisan Millennial minister this funding through the lieve Congress should take the time to Housing Commission found that the HOME program; local communities are examine where other spending could be HOME program is highly successful familiar with the requirements and cut in order to continue to provide and recommended a substantial in- regulations of the HOME program and sizeable annual increases in new vouch- crease in funding for HOME in 2002. I think it is important not to place un- ers for the Section 8 program. Accord- Unfortunately, for the past two fiscal necessary and new administrative hur- ing to the Congressional Research years, the HOME program has seen a dles on local cities and communities. Service, incremental vouchers have not decline in funding. In fiscal year 2005, Participating jurisdictions will be been funded since fiscal year 2002. Dur- HOME was funded at $1.9 billion and in able to use this new funding under the ing the past three to four years, the fiscal year 2006, HOME was funded at a eligible uses currently allowed by need for Federal housing assistance has little more than $1.7 billion. As a result HOME to best meet the needs of the ex- grown and it will continue to grow in of this decline in funding, all partici- tremely low income families in their

VerDate Aug 31 2005 02:16 Jan 31, 2007 Jkt 059060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G30JA6.022 S30JAPT1 bajohnson on PROD1PC61 with SENATE S1330 CONGRESSIONAL RECORD — SENATE January 30, 2007 respective communities. But partici- thority, by the time the PHDEP pro- proving the effectiveness of the pro- pating jurisdictions must certify that gram was defunded, public safety offi- gram going forward. this funding is going to extremely low cers were responding to more than 8,000 As with any grant program, it is es- income households and must report on calls per year, dealing quickly and ef- sential that HUD monitor the use of how the funds are being utilized in fectively with thefts, drug use and the grants and that grantees be re- their communities. Funds are intended sales, and other problems. Grants quired to report regularly on their ac- to be distributed on a pro-rata basis to under the program also allowed the tivities, as was required by HUD regu- ensure participating jurisdictions Housing Authority in Milwaukee to lations when the program was around the country receive funding. I conduct crime prevention programs defunded. The bill also clarifies the also require that the Secretary notify through the Boys and Girls Club of types of activities that can be funded participating jurisdictions that this Greater Milwaukee and other on-site through the grant program to ensure new funding for extremely low income agencies, providing youths and others that funds are not used inappropri- households in no way excuses such ju- living in public housing with a variety ately. risdictions from continuing to use ex- of educational, job training and life My bill also includes a sense of the isting HOME dollars to serve extremely skill programs. Senate provision calling on Congress to low income families. It is my hope that When the PHDEP program was create a National Affordable Housing this extra funding will provide an in- defunded during the fiscal year 2002 Trust Fund. At the outset, I want to creased incentive to local cities and budget cycle, the Administration ar- commend my colleagues in the Senate, communities to dedicate more re- gued that crime-fighting measures Senator KERRY, Senator REED, Senator sources to producing and preserving af- should be funded through the Public SANDERS and others for all their work fordable housing for the most vulner- Housing Operating Fund and promised on advancing the cause of a National able Americans. an increase in that Fund to account for Affordable Housing Trust fund. I look My bill would also reauthorize a crit- part of the loss of PHDEP funds. That forward to working with them and oth- ical crime-fighting grant program: the allowed some programs previously ers in the 110th Congress to push for Public and Assisted Housing Crime and funded under PHDEP to continue for a the creation of such a trust fund. Drug Elimination Program, formerly few years. But now there is a signifi- I agree with my colleagues that such known as ‘‘PHDEP.’’ Unfortunately, cant shortfall in the Operating Fund a trust fund should have the goal of the PHDEP program has not been fund- and HUD is proposing limits on how supplying 1,500,000 new affordable hous- ed since 2001, and its statutory author- capital funds can be used, and housing ing units over the next 10 years. It ization expired in 2003. It is time to authorities nationwide—including in should also contain sufficient income bring back this important grant pro- Milwaukee—have been faced with targeting to reflect the housing afford- gram, which provided much-needed tough decisions, including cutting ability burdens faced by extremely low public safety resources to public hous- some or all of their crime reduction income and very low income families ing authorities and their tenants. My programs. and contain enough flexibility to allow legislation would authorize $200 million It is time for Congress to step in and local communities to produce, pre- per year for five years for this pro- reauthorize these grants. Everyone de- serve, and rehabilitate affordable hous- gram. serves a safe place to live, and we ing units while ensuring that such af- After more than a decade of declining should help provide housing authorities fordable housing development fosters crime rates, new FBI statistics indi- and other federally assisted low-in- the creation of healthy and sustainable cate that 2005 brought an overall in- come housing entities with the re- communities. crease in violent crime across the sources they need to provide that to Hundreds of local housing trust funds country, and particularly in the Mid- their tenants. have been created in cities and states west. Nationwide, violent crime in- But we can do more than just provide throughout the country, including re- creased 2.3 percent between 2004 and public housing authorities with grant cently in the city of Milwaukee. I want 2005, and in the Midwest, violent crime money. The Federal Government also to commend the community members increased 5.6 percent between 2004 and needs to provide more resources to help in Milwaukee for working to address 2005. Housing authorities and others housing authorities spend those funds the housing affordability issues that providing assisted housing are feeling in the most effective way possible. the city faces and it is my hope that we the effects of this shift, but just as the That is why my legislation also con- in Congress can do our part to help crime rate is rising, their resources to tains several provisions to enhance the Wisconsin’s communities and commu- fight back are dwindling. We need to effectiveness of this grant program. It nities around the country provide safe provide them with funding targeted at would: Require HUD’s Office of Policy and affordable housing to all Ameri- preventing and reducing violent and Development & Research (PD&R) to cans. drug-related crime, so that they can conduct a review of existing research This Nation faces a severe shortage provide a safe living environment for on crime fighting measures and issue a of affordable housing for our most vul- their tenants. report within six months identifying nerable citizens. Shelter is one of our Reauthorizing the Public and As- effective programs, providing an im- most basic needs, and, unfortunately, sisted Housing Crime and Drug Elimi- portant resource to public housing au- too many Wisconsinites and people nation Program should not be con- thorities; require PD&R to work with around the country are struggling to troversial. The program has long en- housing authorities, social scientists afford a place to live for themselves joyed bipartisan support. It was first and others to develop and implement a and their families. This legislation sponsored by Senator LAUTENBERG in plan to conduct rigorous scientific does not solve all the affordable hous- 1988, and first implemented in 1989 evaluation of crime reduction and pre- ing issues that communities are facing, under then-Housing and Urban Devel- vention strategies funded by the grant but I believe it is a good first step. This opment Secretary Jack Kemp. When in program that have not previously been issue is about more than providing a effect, it funded numerous crime-fight- subject to that type of evaluation, giv- roof over a family’s head, however. ing measures in housing authorities all ing housing authorities yet another Good housing and healthy communities over the country. source of information about effective lead to better jobs, better educational In Milwaukee, grants under this pro- strategies for combating crime; and re- outcomes, and better futures for all gram funded a variety of important quire HUD to report to Congress within Americans. Local communities, States, programs. It provided funding to the four years, based on what it learns and the Federal Government must Housing Authority of the City of Mil- from existing research and evaluations work together to dedicate more effec- waukee to hire public safety officers of grantee programs, on the most effec- tive resources toward ensuring that all who are on site 24 hours a day to re- tive ways to prevent and reduce crime Americans have a safe and decent place spond to calls and intervene when prob- in public and assisted housing environ- to live. I look forward to working with lems arise, and who work collabo- ments, the ways in which it has pro- my colleagues in this new Congress to ratively with local law enforcement vided related guidance to help grant advance my bill and other housing ini- agencies. According to the Housing Au- applicants, and any suggestions for im- tiatives and work towards meeting the

VerDate Aug 31 2005 02:16 Jan 31, 2007 Jkt 059060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G30JA6.023 S30JAPT1 bajohnson on PROD1PC61 with SENATE January 30, 2007 CONGRESSIONAL RECORD — SENATE S1331 goal of affordable housing and healthy Housing Act (42 U.S.C. 12742(a)) is amended ‘‘(i) funds set aside specifically for such in- communities for all Americans. by adding at the end the following: dividuals and families under section 212(a)(6); I ask unanimous consent that the ‘‘(6) EXTREMELY LOW-INCOME INDIVIDUALS and text of my bill be printed in the AND FAMILIES.— ‘‘(ii) any other funds awarded under this ‘‘(A) IN GENERAL.—Each participating ju- subtitle; and RECORD. There being no objection, the text of risdiction shall— ‘‘(C) describe the type of activities, includ- ‘‘(i) use funds provided under this subtitle ing new construction, preservation, and re- the bill was ordered to be printed in to provide affordable housing to individuals habilitation of housing, provided to such ex- the RECORD, as follows: and families whose incomes do not exceed 30 tremely low-income individuals and families S. 427 percent of median family income for that ju- that were supported by— Be it enacted by the Senate and House of Rep- risdiction; and ‘‘(i) funds set aside specifically for such in- resentatives of the United States of America in ‘‘(ii) ensure the use of such funds does not dividuals and families under section 212(a)(6); Congress assembled, result in the concentration of individuals and SECTION 1. SHORT TITLE. and families assisted under this section into ‘‘(ii) any other funds awarded under this This Act may be cited as the ‘‘Affordable high-poverty areas. subtitle. Housing Expansion and Public Safety Act’’. ‘‘(B) EXCEPTION.—If a participating juris- ‘‘(3) INCLUSION WITH PERFORMANCE RE- SEC. 2. INCREASE IN INCREMENTAL SECTION 8 diction can certify to the Secretary that PORT.—The certification required under VOUCHERS. such participating jurisdiction has met in its paragraph (1) shall be included in the juris- (a) IN GENERAL.—In fiscal year 2008 and jurisdiction the housing needs of extremely diction’s annual performance report sub- subject to renewal, the Secretary of Housing low-income individuals and families de- mitted to the Secretary under section 108(a) and Urban Development shall provide an ad- scribed in subparagraph (A), such partici- and made available to the public.’’. ditional 100,000 incremental vouchers for ten- pating jurisdiction may use any remaining (c) AUTHORIZATION OF APPROPRIATIONS.—In ant-based rental housing assistance under funds provided under this subtitle for pur- addition to any other amounts authorized to section 8(o) of the United States Housing Act poses of subparagraph (A) to provide afford- be appropriated under any other law or ap- of 1937 (42 U.S.C. 1437f(o)). able housing to individuals and families propriations Act to carry out the provisions (b) AUTHORIZATION OF APPROPRIATIONS.— whose incomes do not exceed 50 percent of of title II of the Cranston-Gonzalez National (1) IN GENERAL.—There are authorized to be median family income for that jurisdiction. Affordable Housing Act (42 U.S.C. 12701 et appropriated $8,650,000,000 for the provision ‘‘(C) RULE OF CONSTRUCTION.—The Sec- seq.), there are authorized to be appropriated and renewal of the vouchers described in sub- retary shall notify each participating juris- to carry out the provisions of this section section (a). diction receiving funds for purposes of this $400,000,000 for each of fiscal years 2008 (2) AVAILABILITY.—Any amount appro- paragraph that use of such funds, as required through 2012. priated under paragraph (1) shall remain under subparagraph (A), does not exempt or SEC. 4. PUBLIC AND ASSISTED HOUSING CRIME available until expended. prevent that participating jurisdiction from AND DRUG ELIMINATION PROGRAM. (3) CARRYOVER.—To the extent that any using any other funds awarded under this (a) TITLE CHANGE.—The chapter heading of amounts appropriated for any fiscal are not subtitle to provide affordable housing to ex- chapter 2 of subtitle C of title V of the Anti- expended by the Secretary of Housing and tremely low-income individuals and families. Drug Abuse Act of 1988 (42 U.S.C. 11901 et Urban Development in such fiscal year for ‘‘(D) RENTAL HOUSING.—Notwithstanding seq.) is amended to read as follows: purposes of subsection (a), any remaining section 215(a), housing that is for rental shall ‘‘CHAPTER 2—PUBLIC AND ASSISTED amounts shall be carried forward for use by qualify as affordable housing under this HOUSING CRIME AND DRUG ELIMI- the Secretary to renew the vouchers de- paragraph only if such housing is occupied NATION PROGRAM’’. scribed in subsection (a) in subsequent years. by extremely low-income individuals or fam- (b) AUTHORIZATION OF APPROPRIATIONS.— (c) DISTRIBUTION OF AMOUNTS.— ilies who pay as a contribution toward rent (1) AMOUNTS AUTHORIZED.—Section 5129(a) (1) ADMINISTRATIVE COSTS.—The Secretary (excluding any Federal or State rental sub- of the Anti-Drug Abuse Act of 1988 (42 U.S.C. may not use more than $800,000,000 of the sidy provided on behalf of the individual or 11908(a)) is amended to read as follows: amounts authorized under paragraph (1) to family) not more than 30 percent of the ‘‘(a) IN GENERAL.—There are authorized to cover the administrative costs associated monthly adjusted income of such individual be appropriated to carry out this chapter with the provision and renewal of the vouch- or family, as determined by the Secretary.’’. $200,000,000 for each of fiscal years 2008, 2009, ers described in subsection (a). (2) PRO RATA DISTRIBUTION.—Section 217 of 2010, 2011, and 2012.’’. (2) VOUCHER COSTS.—The Secretary shall the Cranston-Gonzalez National Affordable (2) SET ASIDE FOR THE OFFICE OF POLICY DE- use all remaining amounts authorized under Housing Act (42 U.S.C. 12747) is amended by VELOPMENT AND RESEARCH.—Section 5129 of paragraph (1) to cover the costs of providing adding at the end the following: the Anti-Drug Abuse Act of 1988 (42 U.S.C. and renewing the vouchers described in sub- ‘‘(e) PRO RATA DISTRIBUTION FOR EX- 11908) is amended by adding at the end the section (a). TREMELY LOW-INCOME INDIVIDUALS AND FAMI- following: SEC. 3. TARGETED EXPANSION OF HOME INVEST- LIES.—Notwithstanding any other provision ‘‘(d) SET ASIDE FOR THE OFFICE OF POLICY MENT PARTNERSHIP (HOME) PRO- of this Act, in any fiscal year the Secretary DEVELOPMENT AND RESEARCH.—Of any GRAM. shall allocate any funds specifically ap- amounts made available in any fiscal year to (a) PURPOSE.—The purposes of this section proved in an appropriations Act to provide carry out this chapter not less than 2 percent are as follows: affordable housing to extremely low-income shall be available to the Office of Policy De- (1) To authorize additional funding under individuals or families under section velopment and Research to carry out the subtitle A of title II of the Cranston-Gon- 212(a)(6), such funds shall be allocated to functions required under section 5130.’’. zalez National Affordable Housing Act (42 each participating jurisdiction in an amount (c) ELIGIBLE ACTIVITIES.—Section 5124(a)(6) U.S.C. 12741 et. seq), commonly referred to as which bears the same ratio to such amount of the Anti-Drug Abuse Act of 1988 (42 U.S.C. the Home Investments Partnership as the amount such participating jurisdic- 11903(a)(6)) is amended by striking the semi- (‘‘HOME’’) program, to provide dedicated tion receives for such fiscal year under this colon and inserting the following: ‘‘, except funding for the expansion and preservation subtitle, not including any amounts allo- that the activities conducted under any such of housing for extremely low-income individ- cated for any additional set-asides specified program and paid for, in whole or in part, uals and families through eligible uses of in- in such appropriations Act for that fiscal with grant funds awarded under this chapter vestment as defined in paragraphs (1) and (3) year.’’. may only include— of section 212(a) of the Cranston-Gonzalez (3) CERTIFICATION.—Section 226 of the Cran- ‘‘(A) providing access to treatment for National Affordable Housing Act. ston-Gonzalez National Affordable Housing drug abuse through rehabilitation or relapse (2) Such additional funding is intended to Act (42 U.S.C. 12756) is amended by adding at prevention; supplement the HOME funds already allo- the end the following: ‘‘(B) providing education about the dangers cated to a participating jurisdiction to pro- ‘‘(d) CERTIFICATION.— and adverse consequences of drug use or vio- vide additional assistance in targeting re- ‘‘(1) IN GENERAL.—Each participating juris- lent crime; sources to extremely low-income individuals diction shall certify on annual basis to the ‘‘(C) assisting drug users in discontinuing and families. Secretary that any funds used to provide af- their drug use through an education pro- (3) Such additional funding is not intended fordable housing to extremely low-income gram, and, if appropriate, referring such to be the only source of assistance for ex- individuals or families under section 212(a)(6) users to a drug treatment program; tremely low-income individuals and families were actually used to assist such families. ‘‘(D) providing after school activities for under the HOME program, and participating ‘‘(2) CONTENT OF CERTIFICATION.—Each cer- youths for the purpose of discouraging, re- jurisdictions shall continue to use non-set tification required under paragraph (1) ducing, or eliminating drug use or violent aside HOME funds to provide assistance to shall— crime by youths; such extremely low-income individuals and ‘‘(A) state the number of extremely low-in- ‘‘(E) providing capital improvements for families. come individuals and families assisted in the the purpose of discouraging, reducing, or (b) SET ASIDE FOR EXTREMELY LOW-INCOME previous 12 months; eliminating drug use or violent crime; and INDIVIDUALS AND FAMILIES.— ‘‘(B) separate such extremely low-income ‘‘(F) providing security services for the (1) ELIGIBLE USE.—Section 212(a) of the individuals and families into those individ- purpose of discouraging, reducing, or elimi- Cranston-Gonzalez National Affordable uals and families who were assisted by— nating drug use or violent crime.’’.

VerDate Aug 31 2005 02:16 Jan 31, 2007 Jkt 059060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G30JA6.024 S30JAPT1 bajohnson on PROD1PC61 with SENATE S1332 CONGRESSIONAL RECORD — SENATE January 30, 2007 (d) EFFECTIVENESS.— to use rigorous methodologies, particularly Mr. INOUYE. Mr. President, I rise (1) APPLICATION PLAN.—Section 5125(a) of random assignment (where practicable), that today to introduce a bill to reauthorize the Anti-Drug Abuse Act of 1988 (42 U.S.C. are capable of producing scientifically valid the Native Hawaiian Health Care Im- 11904(a)) is amended by adding at the end the knowledge regarding which program activi- following: ‘‘To the maximum extent feasible, ties are effective in preventing and reducing provement Act. Senator AKAKA joins each plan submitted under this section shall violent and drug-related crime in public and me in sponsoring this measure. be developed in coordination with relevant other federally assisted low-income hous- The Native Hawaiian Health Care Im- local law enforcement agencies and other ing.’’. provement Act was enacted into law in local entities involved in crime prevention SEC. 5. SENSE OF THE SENATE REGARDING THE 1988, and has been reauthorized several and reduction. Such plan also shall include CREATION OF A NATIONAL AFFORD- times throughout the years. an agreement to work cooperatively with the ABLE HOUSING TRUST FUND. The Act provides authority for a Office of Policy Development and Research (a) FINDINGS.—Congress finds the fol- range of programs and services de- lowing: in its efforts to carry out the functions re- signed to improve the health care sta- quired under section 5130.’’ (1) Only 1 in 4 eligible households receives (2) HUD REPORT.—Section 5127 of the Anti- Federal rental assistance. tus of the native people of Hawaii. Drug Abuse Act of 1988 (42 U.S.C. 11906) is (2) The number of families facing severe With the enactment of the Native amended by adding at the end the following: housing cost burdens grew by almost Hawaiian Health Care Improvement ‘‘(d) EFFECTIVENESS REPORT.—The Sec- 2,000,0000 households between 2001 and 2004. Act and the establishment of Native retary shall submit a report to the Congress (3) 1 in 3 families spend more than 30 per- Hawaiian health care systems on most not later than 4 years after the date of the cent of their earnings on housing costs. of the islands that make up the State (4) More than 75 percent of renter house- enactment of the Affordable Housing Expan- of Hawaii, we have witnessed signifi- sion and Public Safety Act that includes— holds with severe housing affordability bur- ‘‘(1) aggregate data regarding the cat- dens are extremely low-income families. cant improvements in the health sta- egories of program activities that have been (5) More than half of extremely low-income tus of Native Hawaiians, but as the funded by grants under this chapter; households pay at least half of their income findings of unmet needs and health dis- ‘‘(2) promising strategies related to pre- on housing. parities set forth in this bill make venting and reducing violent and drug-re- (6) At least 500,000 Americans are homeless clear, we still have a long way to go. lated crime in public and federally assisted every day. For instance, Native Hawaiians have low-income housing derived from— (7) 2,000,000 to 3,000,0000 Americans are the highest cancer mortality rates in homeless for various lengths of time each ‘‘(A) a review of existing research; and the State of Hawaii—rates that are 22 ‘‘(B) evaluations of programs funded by year. grants under this chapter that were con- (8) It is estimated that the development of percent higher than the rate for the ducted by the Office of Policy Development an average housing unit creates on average total State male population and 64 per- and Review or by the grantees themselves; more than 3 jobs and the development of an cent higher than the rate for the total ‘‘(3) how the information gathered in para- average multifamily unit creates on average State female population. Nationally, graph (2) has been incorporated into— more than 1 job. Native Hawaiians have the third high- ‘‘(A) the guidance provided to applicants (9) It is estimated that over $80,000 is pro- est mortality rate as a result of breast under this chapter; and duced in government revenue for an average single family unit built and over $30,000 is cancer. ‘‘(B) the implementing regulations under With respect to diabetes, in 2004 Na- this chapter; and produced in government revenue for an aver- ‘‘(4) any statutory changes that the Sec- age multifamily unit built. tive Hawaiians had the highest mor- retary would recommend to help make (10) The Bipartisan Millennial Housing tality rate associated with diabetes in grants awarded under this chapter more ef- Commission stated that ‘‘the most serious the State—a rate which is 119 percent fective.’’. housing problem in America is the mismatch higher than the statewide rate for all (3) OFFICE OF POLICY DEVELOPMENT AND RE- between the number of extremely low in- racial groups. SEARCH REVIEW AND PLAN.—Chapter 2 of sub- come renter households and the number of When it comes to heart disease, the title C of title V of the Anti-Drug Abuse Act units available to them with acceptable mortality rate of Native Hawaiians as- of 1988 (42 U.S.C. 11901 et seq.) is amended by quality and affordable rents.’’. sociated with heart disease is 86 per- adding at the end the following: (b) SENSE OF THE SENATE.—It is the sense cent higher than the rate for the entire ‘‘SEC. 5130. OFFICE OF POLICY DEVELOPMENT of the Senate that— AND RESEARCH REVIEW AND PLAN. (1) Congress shall create a national afford- State, and the mortality rate for hy- ‘‘(a) REVIEW.— able housing trust fund with the purpose of pertension is 46 percent higher than ‘‘(1) IN GENERAL.—The Office of Policy De- supplying 1,500,000 additional affordable that for the entire State. velopment and Research established pursu- housing units over the next 10 years; These statistics on the health status ant to section 501 of the Housing and Urban (2) such a trust fund shall contain suffi- of Native Hawaiians are but a small Development Act of 1970 (12 U.S.C. 1701z–1) cient income targeting to reflect the housing part of the long list of data that makes shall conduct a review of existing research affordability burdens faced by extremely low-income and very low-income families; clear that our objective of assuring relating to preventing and reducing violent that the Native people of Hawaii attain and drug-related crime to assess, using sci- and entifically rigorous and acceptable methods, (3) such a trust fund shall contain enough some parity of good health comparable which strategies— flexibility to allow local communities to to that of the larger U.S. population ‘‘(A) have been found to be effective in pre- produce, preserve, and rehabilitate afford- has not yet been achieved. venting and reducing violent and drug-re- able housing units while ensuring that such I ask unanimous consent that the lated crimes; and affordable housing development fosters the text of the bill be printed in the ‘‘(B) would be likely to be effective in pre- creation of healthy and sustainable commu- RECORD. venting and reducing violent and drug-re- nities. There being no objection, the text of lated crimes in public and federally assisted SEC. 6. OFFSETS. the bill was ordered to be printed in low-income housing environments. (a) REPEAL OF MULTIYEAR PROCUREMENT the RECORD, as follows: ‘‘(2) REPORT.—Not later than 180 days after AUTHORITY FOR F–22A RAPTOR FIGHTER AIR- the date of enactment of the Affordable CRAFT.—Effective as of October 17, 2006, sec- S. 429 Housing Expansion and Public Safety Act, tion 134 of the John Warner National Defense Be it enacted by the Senate and House of Rep- the Secretary shall issue a written report Authorization Act for Fiscal Year 2007 (Pub- resentatives of the United States of America in with the results of the review required under lic Law 109–364), relating to multiyear pro- Congress assembled, paragraph (1). curement authority for F–22A Raptor fighter SECTION 1. SHORT TITLE. ‘‘(b) EVALUATION PLAN.— aircraft, is repealed. This Act may be cited as the ‘‘Native Ha- ‘‘(1) IN GENERAL.—Upon completion of the (b) ADVANCED RESEARCH FOR FOSSIL waiian Health Care Improvement Reauthor- review required under subsection (a)(1), the FUELS.—Notwithstanding any other provi- ization Act of 2007’’. sion of law, the Secretary of Energy shall Office of Policy Development and Research, SEC. 2. AMENDMENT TO THE NATIVE HAWAIIAN in consultation with housing authorities, so- not carry out any program that conducts, or HEALTH CARE IMPROVEMENT ACT. cial scientists, and other interested parties, provides assistance for, applied research for The Native Hawaiian Health Care Improve- shall develop and implement a plan for eval- fossil fuels. ment Act (42 U.S.C. 11701 et seq.) is amended uating the effectiveness of strategies funded to read as follows: By Mr. INOUYE (for himself and under this chapter, including new and inno- ‘‘SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Mr. AKAKA): vative strategies and existing strategies, ‘‘(a) SHORT TITLE.—This Act may be cited that have not previously been subject to rig- S. 429. A bill to amend the Native Ha- as the ‘Native Hawaiian Health Care Im- orous evaluation methodologies. waiian Health Care Improvement Act provement Act’. ‘‘(2) METHODOLOGY.—The plan described in to revise and extend that Act; to the ‘‘(b) TABLE OF CONTENTS.—The table of paragraph (1) shall require such evaluations Committee on Indian Affairs. contents of this Act is as follows:

VerDate Aug 31 2005 02:16 Jan 31, 2007 Jkt 059060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A30JA6.016 S30JAPT1 bajohnson on PROD1PC61 with SENATE January 30, 2007 CONGRESSIONAL RECORD — SENATE S1333 ‘‘Sec. 1. Short title; table of contents. ‘‘(B) extended full and complete diplomatic ‘‘(B) exempted the land from then-existing ‘‘Sec. 2. Findings. recognition to the Hawaiian Government; public land laws of the United States by ‘‘Sec. 3. Definitions. and mandating that the revenue and proceeds ‘‘Sec. 4. Declaration of national Native Ha- ‘‘(C) entered into treaties and conventions from that land be ‘used solely for the benefit waiian health policy. with the Hawaiian monarchs to govern com- of the inhabitants of the Hawaiian Islands ‘‘Sec. 5. Comprehensive health care master merce and navigation in 1826, 1842, 1849, 1875, for education and other public purposes’, plan for Native Hawaiians. and 1887; thereby establishing a special trust relation- ‘‘Sec. 6. Functions of Papa Ola Lokahi. ‘‘(12) in 1893, John L. Stevens, the United ship between the United States and the in- ‘‘Sec. 7. Native Hawaiian health care. States Minister assigned to the sovereign habitants of Hawai‘i; ‘‘Sec. 8. Administrative grant for Papa Ola and independent Kingdom of Hawai‘i, con- ‘‘(20) in 1921, Congress enacted the Hawai- Lokahi. spired with a small group of non-Hawaiian ian Homes Commission Act, 1920 (42 Stat. ‘‘Sec. 9. Administration of grants and con- residents of the Kingdom, including citizens 108, chapter 42), which— tracts. of the United States, to overthrow the indig- ‘‘(A) designated 200,000 acres of the ceded ‘‘Sec. 10. Assignment of personnel. enous and lawful government of Hawai‘i; public land for exclusive homesteading by ‘‘Sec. 11. Native Hawaiian health scholar- ‘‘(13) in pursuance of that conspiracy— Native Hawaiians; and ships and fellowships. ‘‘(A) the United States Minister and the ‘‘(B) affirmed the trust relationship be- ‘‘Sec. 12. Report. naval representative of the United States tween the United States and Native Hawai- ‘‘Sec. 13. Use of Federal Government facili- caused armed forces of the United States ians, as expressed by Secretary of the Inte- ties and sources of supply. Navy to invade the sovereign Hawaiian Na- rior Franklin K. Lane, who was cited in the ‘‘Sec. 14. Demonstration projects of national tion in support of the overthrow of the indig- Committee Report of the Committee on Ter- significance. enous and lawful Government of Hawai‘i; and ritories of the House of Representatives as ‘‘Sec. 15. Rule of construction. ‘‘Sec. 16. Compliance with Budget Act. ‘‘(B) after that overthrow, the United stating, ‘One thing that impressed me . . . ‘‘Sec. 17. Severability. States Minister extended diplomatic recogni- was the fact that the natives of the islands tion of a provisional government formed by . . . for whom in a sense we are trustees, are ‘‘SEC. 2. FINDINGS. the conspirators without the consent of the falling off rapidly in numbers and many of ‘‘(a) IN GENERAL.—Congress finds that— native people of Hawai‘i or the lawful Gov- them are in poverty.’; ‘‘(1) Native Hawaiians begin their story ernment of Hawai‘i, in violation of— ‘‘(21) in 1938, Congress again acknowledged with the Kumulipo, which details the cre- ‘‘(i) treaties between the Government of the unique status of the Native Hawaiian ation and interrelationship of all things, in- Hawai‘i and the United States; and people by including in the Act of June 20, cluding the evolvement of Native Hawaiians ‘‘(ii) international law; 1938 (52 Stat. 781), a provision— as healthy and well people; ‘‘(14) in a message to Congress on Decem- ‘‘(A) to lease land within the extension to ‘‘(2) Native Hawaiians— ber 18, 1893, President Grover Cleveland— Native Hawaiians; and ‘‘(A) are a distinct and unique indigenous ‘‘(A) reported fully and accurately on those ‘‘(B) to permit fishing in the area ‘only by people with a historical continuity to the illegal actions; native Hawaiian residents of said area or of original inhabitants of the Hawaiian archi- ‘‘(B) acknowledged that by those acts, de- adjacent villages and by visitors under their pelago within Ke Moananui, the Pacific scribed by the President as acts of war, the guidance’; Ocean; and government of a peaceful and friendly people ‘‘(22) under the Act of March 18, 1959 (48 ‘‘(B) have a distinct society that was first was overthrown; and U.S.C. prec. 491 note; 73 Stat. 4), the United organized almost 2,000 years ago; ‘‘(C) concluded that a ‘substantial wrong States— ‘‘(3) the health and well-being of Native has thus been done which a due regard for ‘‘(A) transferred responsibility for the ad- Hawaiians are intrinsically tied to the deep our national character as well as the rights ministration of the Hawaiian home lands to feelings and attachment of Native Hawaiians of the injured people required that we should the State; but to their lands and seas; endeavor to repair’; ‘‘(B) reaffirmed the trust relationship that ‘‘(4) the long-range economic and social ‘‘(15) Queen Lili‘uokalani, the lawful mon- existed between the United States and the changes in Hawai‘i over the 19th and early arch of Hawai‘i, and the Hawaiian Patriotic Native Hawaiian people by retaining the ex- 20th centuries have been devastating to the League, representing the aboriginal citizens clusive power to enforce the trust, including health and well-being of Native Hawaiians; of Hawai‘i, promptly petitioned the United the power to approve land exchanges and leg- ‘‘(5) Native Hawaiians have never directly States for redress of those wrongs and res- islative amendments affecting the rights of relinquished to the United States their toration of the indigenous government of the beneficiaries under that Act; claims to their inherent sovereignty as a Hawaiian nation, but no action was taken on ‘‘(23) under the Act referred to in para- people or over their national territory, ei- that petition; graph (22), the United States— ther through their monarchy or through a ‘‘(16) in 1993, Congress enacted Public Law ‘‘(A) transferred responsibility for adminis- plebiscite or referendum; 103–150 (107 Stat. 1510), in which Congress— tration over portions of the ceded public ‘‘(6) the Native Hawaiian people are deter- ‘‘(A) acknowledged the significance of lands trust not retained by the United States mined to preserve, develop, and transmit to those events; and to the State; but future generations, in accordance with their ‘‘(B) apologized to Native Hawaiians on be- ‘‘(B) reaffirmed the trust relationship that own spiritual and traditional beliefs, their half of the people of the United States for existed between the United States and the customs, practices, language, social institu- the overthrow of the Kingdom of Hawai‘i Native Hawaiian people by retaining the tions, ancestral territory, and cultural iden- with the participation of agents and citizens legal responsibility of the State for the bet- tity; of the United States, and the resulting depri- terment of the conditions of Native Hawai- ‘‘(7) in referring to themselves, Native Ha- vation of the rights of Native Hawaiians to ians under section 5(f) of that Act (73 Stat. waiians use the term ‘Kanaka Maoli’, a term self-determination; 6); frequently used in the 19th century to de- ‘‘(17) between 1897 and 1898, when the total ‘‘(24) in 1978, the people of Hawai‘i— scribe the native people of Hawai‘i; Native Hawaiian population in Hawai‘i was ‘‘(A) amended the constitution of Hawai‘i ‘‘(8) the constitution and statutes of the less than 40,000, more than 38,000 Native Ha- to establish the Office of Hawaiian Affairs; State of Hawai‘i— waiians signed petitions (commonly known and ‘‘(A) acknowledge the distinct land rights as ‘Ku’e Petitions’) protesting annexation by ‘‘(B) assigned to that Office the author- of Native Hawaiian people as beneficiaries of the United States and requesting restoration ity— the public lands trust; and of the monarchy; ‘‘(i) to accept and hold in trust for the Na- ‘‘(B) reaffirm and protect the unique right ‘‘(18) despite Native Hawaiian protests, in tive Hawaiian people real and personal prop- of the Native Hawaiian people to practice 1898, the United States— erty transferred from any source; and perpetuate their cultural and religious ‘‘(A) annexed Hawai‘i through Resolution ‘‘(ii) to receive payments from the State customs, beliefs, practices, and language; No. 55 (commonly known as the ‘Newlands owed to the Native Hawaiian people in satis- ‘‘(9) at the time of the arrival of the first Resolution’) (30 Stat. 750), without the con- faction of the pro rata share of the proceeds nonindigenous people in Hawai‘i in 1778, the sent of, or compensation to, the indigenous of the public land trust established by sec- Native Hawaiian people lived in a highly or- people of Hawai‘i or the sovereign govern- tion 5(f) of the Act of March 18, 1959 (48 ganized, self-sufficient, subsistence social ment of those people; and U.S.C. prec. 491 note; 73 Stat. 6); system based on communal land tenure with ‘‘(B) denied those people the mechanism ‘‘(iii) to act as the lead State agency for a sophisticated language, culture, and reli- for expression of their inherent sovereignty matters affecting the Native Hawaiian peo- gion; through self-government and self-determina- ple; and ‘‘(10) a unified monarchical government of tion of their lands and ocean resources; ‘‘(iv) to formulate policy on affairs relat- the Hawaiian Islands was established in 1810 ‘‘(19) through the Newlands Resolution and ing to the Native Hawaiian people; under Kamehameha I, the first King of the Act of April 30, 1900 (commonly known as ‘‘(25) the authority of Congress under the Hawai‘i; the ‘1900 Organic Act’) (31 Stat. 141, chapter Constitution to legislate in matters affect- ‘‘(11) throughout the 19th century until 339), the United States— ing the aboriginal or indigenous people of 1893, the United States— ‘‘(A) received 1,750,000 acres of land for- the United States includes the authority to ‘‘(A) recognized the independence of the merly owned by the Crown and Government legislate in matters affecting the native peo- Hawaiian Nation; of the Hawaiian Kingdom; and ple of Alaska and Hawai‘i;

VerDate Aug 31 2005 03:10 Jan 31, 2007 Jkt 059060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A30JA6.017 S30JAPT1 bajohnson on PROD1PC61 with SENATE S1334 CONGRESSIONAL RECORD — SENATE January 30, 2007 ‘‘(26) the United States has recognized the ‘‘(33) the United States has affirmed that ‘‘(bb) the cancer mortality rate for all can- authority of the Native Hawaiian people to historical and unique legal relationship to cers for Native Hawaiian females of 192 per continue to work toward an appropriate the Hawaiian people by authorizing the pro- 100,000 residents was 64 percent higher than form of sovereignty, as defined by the Native vision of services to Native Hawaiians to ad- the rate for all females in the State of 117 Hawaiian people in provisions set forth in dress problems of alcohol and drug abuse per 100,000 residents. legislation returning the Hawaiian Island of under the Anti-Drug Abuse Act of 1986 (21 ‘‘(ii) BREAST CANCER.—With respect to Kaho‘olawe to custodial management by the U.S.C. 801 note; Public Law 99–570); breast cancer— State in 1994; ‘‘(34) in addition, the United States— ‘‘(I) Native Hawaiians have the highest ‘‘(27) in furtherance of the trust responsi- ‘‘(A) has recognized that Native Hawaiians, mortality rate in the State from breast can- bility for the betterment of the conditions of as aboriginal, indigenous, native people of cer (30.79 per 100,000 residents), which is 33 Native Hawaiians, the United States has es- Hawai‘i, are a unique population group in percent higher than the rate for Caucasian tablished a program for the provision of com- Hawai‘i and in the continental United Americans (23.07 per 100,000 residents) and 106 prehensive health promotion and disease pre- States; and percent higher than the rate for Chinese vention services to maintain and improve ‘‘(B) has so declared in— Americans (14.96 per 100,000 residents); and the health status of the Hawaiian people; ‘‘(i) the documents of the Office of Manage- ‘‘(II) nationally, Native Hawaiians have ‘‘(28) that program is conducted by the Na- ment and Budget entitled— the third-highest mortality rate as a result tive Hawaiian Health Care Systems and Papa ‘‘(I) ‘Standards for Maintaining, Col- of breast cancer (25.0 per 100,000 residents), Ola Lokahi; lecting, and Presenting Federal Data on behind African Americans (31.4 per 100,000 residents) and Caucasian Americans (27.0 per ‘‘(29) health initiatives implemented by Race and Ethnicity’ and dated October 30, 100,000 residents). those and other health institutions and 1997; and ‘‘(iii) CANCER OF THE CERVIX.—Native Ha- agencies using Federal assistance have been ‘‘(II) ‘Provisional Guidance on the Imple- waiians have the highest mortality rate as a responsible for reducing the century-old mentation of the 1997 Standards for Federal result of cancer of the cervix in the State morbidity and mortality rates of Native Ha- Data on Race and Ethnicity’ and dated De- (3.65 per 100,000 residents), followed by Fili- waiian people by— cember 15, 2000; pino Americans (2.69 per 100,000 residents) ‘‘(A) providing comprehensive disease pre- ‘‘(ii) the document entitled ‘Guidance on Aggregation and Allocation of Data on Race and Caucasian Americans (2.61 per 100,000 vention; residents). ‘‘(B) providing health promotion activities; for Use in Civil Rights Monitoring and En- ‘‘(iv) LUNG CANCER.—Native Hawaiian and forcement’ (Bulletin 00-02 to the Heads of Ex- ecutive Departments and Establishments) males and females have the highest mor- ‘‘(C) increasing the number of Native Ha- tality rates as a result of lung cancer in the waiians in the health and allied health pro- and dated March 9, 2000; ‘‘(iii) the document entitled ‘Questions and State, at 74.79 per 100,000 for males and 47.84 fessions; per 100,000 females, which are higher than ‘‘(30) those accomplishments have been Answers when Designing Surveys for Infor- mation Collections’ (Memorandum for the the rates for the total population of the achieved through implementation of— State by 48 percent for males and 93 percent ‘‘(A) the Native Hawaiian Health Care Act President’s Management Council) and dated January 20, 2006; for females. of 1988 (Public Law 100–579); and ‘‘(v) PROSTATE CANCER.—Native Hawaiian ‘‘(iv) Executive order number 13125 (64 Fed. ‘‘(B) the reauthorization of that Act under males have the third-highest mortality rate Reg. 31105; relating to increasing participa- section 9168 of the Department of Defense as a result of prostate cancer in the State tion of Asian Americans and Pacific Island- Appropriations Act, 1993 (Public Law 102–396; (21.48 per 100,000 residents), with Caucasian ers in Federal programs) (June 7, 1999); 106 Stat. 1948); Americans having the highest mortality rate ‘‘(v) the document entitled ‘HHS Tribal ‘‘(31) the historical and unique legal rela- as a result of prostate cancer (23.96 per Consultation Policy’ and dated January 2005; tionship between the United States and Na- 100,000 residents). and tive Hawaiians has been consistently recog- ‘‘(B) DIABETES.—With respect to diabetes, ‘‘(vi) the Department of Health and Human nized and affirmed by Congress through the in 2004— Services Intradepartment Council on Native enactment of more than 160 Federal laws ‘‘(i) Native Hawaiians had the highest mor- that extend to the Native Hawaiian people American Affairs, Revised Charter, dated tality rate as a result of diabetes mellitis the same rights and privileges accorded to March 7, 2005; and (28.9 per 100,000 residents) in the State, which American Indian, Alaska Native, Eskimo, ‘‘(35) despite the United States having ex- is 119 percent higher than the rate for all ra- and Aleut communities, including— pressed in Public Law 103–150 (107 Stat. 1510) cial groups in the State (13.2 per 100,000 resi- ‘‘(A) the Native American Programs Act of its commitment to a policy of reconciliation dents); 1974 (42 U.S.C. 2991 et seq.); with the Native Hawaiian people for past ‘‘(ii) the prevalence of diabetes for Native ‘‘(B) the American Indian Religious Free- grievances— Hawaiians was 12.7 percent, which is 87 per- dom Act (42 U.S.C. 1996); ‘‘(A) the unmet health needs of the Native cent higher than the total prevalence for all ‘‘(C) the National Museum of the American Hawaiian people remain severe; and residents of the State of 6.8 percent; and Indian Act (20 U.S.C. 80q et seq.); and ‘‘(B) the health status of the Native Hawai- ‘‘(iii) a higher percentage of Native Hawai- ‘‘(D) the Native American Graves Protec- ian people continues to be far below that of ians with diabetes experienced diabetic ret- tion and Repatriation Act (25 U.S.C. 3001 et the general population of the United States. inopathy, as compared to other population seq.); ‘‘(b) FINDING OF UNMET NEEDS AND HEALTH groups in the State. ‘‘(32) the United States has recognized and DISPARITIES.—Congress finds that the unmet ‘‘(C) ASTHMA.—With respect to asthma and reaffirmed the trust relationship to the Na- needs and serious health disparities that ad- lower respiratory disease— tive Hawaiian people through legislation versely affect the Native Hawaiian people in- ‘‘(i) in 2004, mortality rates for Native Ha- that authorizes the provision of services to clude the following: waiians (31.6 per 100,000 residents) from Native Hawaiians, specifically— ‘‘(1) CHRONIC DISEASE AND ILLNESS.— chronic lower respiratory disease were 52 ‘‘(A) the Older Americans Act of 1965 (42 ‘‘(A) CANCER.— percent higher than rates for the total popu- U.S.C. 3001 et seq.); ‘‘(i) IN GENERAL.—With respect to all can- lation of the State (20.8 per 100,000 residents); ‘‘(B) the Developmental Disabilities Assist- cer— and ance and Bill of Rights Act Amendments of ‘‘(I) as an underlying cause of death in the ‘‘(ii) in 2005, the prevalence of current asth- 1987 (42 U.S.C. 6000 et seq.); State, the cancer mortality rate of Native ma in Native Hawaiian adults was 12.8 per- ‘‘(C) the Veterans’ Benefits and Services Hawaiians of 218.3 per 100,000 residents is 50 cent, which is 71 percent higher than the Act of 1988 (Public Law 100–322); percent higher than the rate for the total prevalence of the total population of the ‘‘(D) the Rehabilitation Act of 1973 (29 population of the State of 145.4 per 100,000 State of 7.5 percent. U.S.C. 701 et seq.); residents; ‘‘(D) CIRCULATORY DISEASES.— ‘‘(E) the Native Hawaiian Health Care Act ‘‘(II) Native Hawaiian males have the high- ‘‘(i) HEART DISEASE.—With respect to heart of 1988 (42 U.S.C. 11701 et seq.); est cancer mortality rates in the State for disease— ‘‘(F) the Health Professions Reauthoriza- cancers of the lung, colon, and rectum, and ‘‘(I) in 2004, the mortality rate for Native tion Act of 1988 (Public Law 100–607; 102 Stat. for all cancers combined; Hawaiians as a result of heart disease (305.5 3122); ‘‘(III) Native Hawaiian females have the per 100,000 residents) was 86 percent higher ‘‘(G) the Nursing Shortage Reduction and highest cancer mortality rates in the State than the rate for the total population of the Education Extension Act of 1988 (Public Law for cancers of the lung, breast, colon, rec- State (164.3 per 100,000 residents); and 100–607; 102 Stat. 3153); tum, pancreas, stomach, ovary, liver, cervix, ‘‘(II) in 2005, the prevalence for heart at- ‘‘(H) the Handicapped Programs Technical kidney, and uterus, and for all cancers com- tack was 4.4 percent for Native Hawaiians, Amendments Act of 1988 (Public Law 100– bined; and which is 22 percent higher than the preva- 630); ‘‘(IV) for the period of 1995 through 2000— lence for the total population of 3.6 percent. ‘‘(I) the Indian Health Care Amendments of ‘‘(aa) the cancer mortality rate for all can- ‘‘(ii) CEREBROVASCULAR DISEASES.—With re- 1988 (Public Law 100–713); and cers for Native Hawaiian males of 217 per spect to cerebrovascular diseases— ‘‘(J) the Disadvantaged Minority Health 100,000 residents was 22 percent higher than ‘‘(I) the mortality rate from cerebro- Improvement Act of 1990 (Public Law 101– the rate for all males in the State of 179 per vascular diseases for Native Hawaiians (75.6 527); 100,000 residents; and percent) was 64 percent higher than the rate

VerDate Aug 31 2005 03:10 Jan 31, 2007 Jkt 059060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A30JA6.017 S30JAPT1 bajohnson on PROD1PC61 with SENATE January 30, 2007 CONGRESSIONAL RECORD — SENATE S1335 for the total population of the State (46 per- major ethnic groups in the United States ‘‘(I) 22.5 percent for all youth in the State; cent); and since 1910. and ‘‘(II) in 2005, the prevalence for stroke was ‘‘(6) MATERNAL AND CHILD HEALTH.— ‘‘(II) 28.4 percent of residents of the United 4.9 percent for Native Hawaiians, which is 69 ‘‘(A) IN GENERAL.—With respect to mater- States in grade 8; percent higher than the prevalence for the nal and child health, in 2000— ‘‘(iii) Native Hawaiians have the highest total population of the State (2.9 percent). ‘‘(i) 39 percent of all deaths of children prevalence of binge drinking of 19.9 percent, ‘‘(iii) OTHER CIRCULATORY DISEASES.—With under the age of 18 years in the State were which is 21 percent higher than the preva- respect to other circulatory diseases (includ- Native Hawaiian; lence for the total population of the State ing high blood pressure and athero- ‘‘(ii) perinatal conditions accounted for 38 (16.5 percent); sclerosis)— percent of all Native Hawaiian deaths in that ‘‘(iv) the prevalence of heavy drinking ‘‘(I) in 2004, the mortality rate for Native age group; among Native Hawaiians (10.1 percent) is 36 Hawaiians of 20.6 per 100,000 residents was 46 ‘‘(iii) Native Hawaiian infant mortality percent higher than the prevalence for the percent higher than the rate for the total rates (9.8 per 1,000 live births) are— total population of the State (7.4 percent); population of the State of 14.1 per 100,000 ‘‘(I) the highest in the State; and ‘‘(v)(I) in 2003, 17.2 percent of Native Ha- residents; and ‘‘(II) 151 percent higher than the rate for waiians in grade 6, 45.1 percent of Naive Ha- ‘‘(II) in 2005, the prevalence of high blood Caucasian infants (3.9 per 1,000 live births); waiians in grade 8, 68.9 percent of Native Ha- pressure for Native Hawaiians was 26.7 per- and waiians in grade 10, and 78.1 percent of Na- cent, which is 10 percent higher than the ‘‘(iv) Native Hawaiians have 1 of the high- tive Hawaiians in grade 12 reported using al- prevalence for the total population of the cohol at least once in their lifetime, as com- est infant mortality rates in the United State of 24.2 percent. pared to 13.2, 36.8, 59.1, and 72.5 percent, re- States, second only to the rate for African ‘‘(2) INFECTIOUS DISEASE AND ILLNESS.— spectively, of all adolescents in the State; Americans of 13.6 per 1,000 live births. With respect to infectious disease and ill- and ‘‘(B) PRENATAL CARE.—With respect to pre- ness— ‘‘(II) 62.1 percent Native Hawaiians in natal care— ‘‘(A) in 1998, Native Hawaiians comprised grade 12 reported being drunk at least once, ‘‘(i) as of 2005, Native Hawaiian women 20 percent of all deaths resulting from infec- which is 20 percent higher than the percent- have the highest prevalence (20.9 percent) of tious diseases in the State for all ages; and age for all adolescents in the State (51.6 per- ‘‘(B) the incidence of acquired immune de- having had no prenatal care during the first cent); ficiency syndrome for Native Hawaiians is at trimester of pregnancy, as compared to the 5 ‘‘(vi) on entering grade 12, 60 percent of Na- least twice as high per 100,000 residents (10.5 largest ethnic groups in the State; tive Hawaiian adolescents reported having percent) than the incidence for any other ‘‘(ii) of the mothers in the State who re- used illicit drugs, including inhalants, at non-Caucasian group in the State. ceived no prenatal care in the first tri- least once in their lifetime, as compared to— ‘‘(3) INJURIES.—With respect to injuries— mester, 33 percent were Native Hawaiian; ‘‘(I) 46.9 percent of all adolescents in the ‘‘(A) the mortality rate for Native Hawai- ‘‘(iii) in 2005, 41 percent of mothers with State; and ians as a result of injuries (32 per 100,000 resi- live births who had not completed high ‘‘(II) 52.8 of adolescents in the United dents) is 16 percent higher than the rate for school were Native Hawaiian; and States; the total population of the State (27.5 per ‘‘(iv) in every region of the State, many ‘‘(vii) on entering grade 12, 58.2 percent of 100,000 residents); Native Hawaiian newborns begin life in a po- Native Hawaiian adolescents reported having ‘‘(B) 32 percent of all deaths of individuals tentially hazardous circumstance, far higher used marijuana at least once, which is 31 per- between the ages of 18 and 24 years resulting than any other racial group. cent higher than the rate of other adoles- from injuries were Native Hawaiian; and ‘‘(C) BIRTHS.—With respect to births, in cents in the State (44.4 percent); ‘‘(C) the 2 primary causes of Native Hawai- 2005— ‘‘(viii) in 2006, Native Hawaiians rep- ian deaths in that age group were motor ve- ‘‘(i) 45.2 percent of live births to Native Ha- resented 40 percent of the total admissions hicle accidents (30 percent) and intentional waiian mothers were nonmarital, putting the to substance abuse treatment programs self-harm (39 percent). affected infants at higher risk of low birth funded by the State Department of Health; ‘‘(4) DENTAL HEALTH.—With respect to den- weight and infant mortality; and tal health— ‘‘(ii) of the 2,934 live births to Native Ha- ‘‘(ix) in 2003, Native Hawaiian adolescents ‘‘(A) Native Hawaiian children experience waiian single mothers, 9 percent were low reported the highest prevalence for meth- significantly higher rates of dental caries birth weight (defined as a weight of less than amphetamine use in the State, followed by and unmet treatment needs as compared to 2,500 grams); and Caucasian and Filipino adolescents. other children in the continental United ‘‘(iii) 43.7 percent of all low birth-weight ‘‘(B) CRIME.—With respect to crime— States and other ethnic groups in the State; infants born to single mothers in the State ‘‘(i) during the period of 1992 to 2002, Native ‘‘(B) the prevalence rate of dental caries in were Native Hawaiian. Hawaiian arrests for violent crimes de- the primary (baby) teeth of Native Hawaiian ‘‘(D) TEEN PREGNANCIES.—With respect to creased, but the rate of arrest remained 38.3 children aged 5 to 9 years of 4.2 per child is births, in 2005— percent higher than the rate of the total pop- more than twice the national average rate of ‘‘(i) Native Hawaiians had the highest rate ulation of the State; 1.9 per child in that age range; of births to mothers under the age of 18 years ‘‘(ii) the robbery arrest rate in 2002 among ‘‘(C) 81.9 percent of Native Hawaiian chil- (5.8 percent), as compared to the rate of 2.7 Native Hawaiian juveniles and adults was 59 dren aged 6 to 8 have 1 or more decayed percent for the total population of the State; percent higher (6.2 arrests per 100,000 resi- teeth, as compared to— and dents) than the rate for the total population ‘‘(i) 53 percent for children in that age ‘‘(ii) nearly 62 percent of all mothers in the of the State (3.9 arrests per 100,000 residents); range in the continental United States; and State under the age of 19 years were Native ‘‘(iii) in 2002— ‘‘(ii) 72.7 percent of other children in that Hawaiian. ‘‘(I) Native Hawaiian men comprised be- age range in the State; and ‘‘(E) FETAL MORTALITY.—With respect to tween 35 percent and 43 percent of each secu- ‘‘(D) 21 percent of Native Hawaiian chil- fetal mortality, in 2005— rity class in the State prison system; dren aged 5 demonstrate signs of baby bottle ‘‘(i) Native Hawaiians had the highest ‘‘(II) Native Hawaiian women comprised tooth decay, which is generally character- number of fetal deaths in the State, as com- between 38.1 percent to 50.3 percent of each ized as severe, progressive dental disease in pared to Caucasian, Japanese, and Filipino class of female prison inmates in the State; early childhood and associated with high residents; and ‘‘(III) Native Hawaiians comprised 39.5 per- rates of dental disorders, as compared to 5 ‘‘(ii)(I) 17.2 percent of all fetal deaths in cent of the total incarcerated population of percent for children of that age in the conti- the State were associated with expectant Na- the State; and nental United States. tive Hawaiian mothers; and ‘‘(IV) Native Hawaiians comprised 40 per- ‘‘(5) LIFE EXPECTANCY.—With respect to life ‘‘(II) 43.5 percent of those Native Hawaiian cent of the total sentenced felon population expectancy— mothers were under the age of 25 years. in the State, as compared to 25 percent for ‘‘(A) Native Hawaiians have the lowest life ‘‘(7) BEHAVIORAL HEALTH.— Caucasians, 12 percent for Filipinos, and 5 expectancy of all population groups in the ‘‘(A) ALCOHOL AND DRUG ABUSE.—With re- percent for Samoans; State; spect to alcohol and drug abuse— ‘‘(iv) Native Hawaiians are overrepresented ‘‘(B) between 1910 and 1980, the life expect- ‘‘(i)(I) in 2005, Native Hawaiians had the in the State prison population; ancy of Native Hawaiians from birth has highest prevalence of smoking of 27.9 per- ‘‘(v) of the 2,260 incarcerated Native Hawai- ranged from 5 to 10 years less than that of cent, which is 64 percent higher than the rate ians, 70 percent are between 20 and 40 years the overall State population average; for the total population of the State (17 per- of age; and ‘‘(C) the most recent tables for 1990 show cent); and ‘‘(vi) based on anecdotal information, Na- Native Hawaiian life expectancy at birth ‘‘(II) 53 percent of Native Hawaiians re- tive Hawaiians are estimated to comprise be- (74.27 years) to be approximately 5 years less ported having smoked at least 100 cigarettes tween 60 percent and 70 percent of all jail than that of the total State population (78.85 in their lifetime, as compared to 43.3 percent and prison inmates in the State. years); and for the total population of the State; ‘‘(C) DEPRESSION AND SUICIDE.—With re- ‘‘(D) except as provided in the life expect- ‘‘(ii) 33 percent of Native Hawaiians in spect to depression and suicide— ancy calculation for 1920, Native Hawaiians grade 8 have smoked cigarettes at least once ‘‘(i)(I) in 1999, the prevalence of depression have had the shortest life expectancy of all in their lifetime, as compared to— among Native Hawaiians was 15 percent, as

VerDate Aug 31 2005 02:16 Jan 31, 2007 Jkt 059060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A30JA6.017 S30JAPT1 bajohnson on PROD1PC61 with SENATE S1336 CONGRESSIONAL RECORD — SENATE January 30, 2007 compared to the national average of approxi- ‘‘(iv) 7.9 percent of the credited student ‘‘(N) a complementary healing practice, in- mately 10 percent; and body at the University of Hawai‘i; cluding a practice performed by a traditional ‘‘(II) Native Hawaiian females had a higher ‘‘(v) 0.4 percent of the instructional faculty Native Hawaiian healer. prevalence of depression (16.9 percent) than at the University of Hawai‘i at Manoa; and ‘‘(5) NATIVE HAWAIIAN.—The term ‘Native Native Hawaiian males (11.9 percent); ‘‘(vi) 8.4 percent of the instructional fac- Hawaiian’ means any individual who is ‘‘(ii) in 2000— ulty at the University of Hawai‘i Community Kanaka Maoli (a descendant of the aborigi- ‘‘(I) Native Hawaiian adolescents had a sig- Colleges. nal people who, prior to 1778, occupied and nificantly higher suicide attempt rate (12.9 ‘‘SEC. 3. DEFINITIONS. exercised sovereignty in the area that now percent) than the rate for other adolescents ‘‘In this Act: constitutes the State), as evidenced by— in the State (9.6 percent); and ‘‘(1) DEPARTMENT.—The term ‘Department’ ‘‘(A) genealogical records; ‘‘(II) 39 percent of all Native Hawaiian means the Department of Health and Human ‘‘(B) kama‘aina witness verification from adult deaths were due to suicide; and Services. Native Hawaiian Kupuna (elders); or ‘‘(iii) in 2006, the prevalence of obsessive ‘‘(2) DISEASE PREVENTION.—The term ‘dis- ‘‘(C) birth records of the State or any other compulsive disorder among Native Hawaiian ease prevention’ includes— State or territory of the United States. adolescent girls was 17.7 percent, as com- ‘‘(A) immunizations; ‘‘(6) NATIVE HAWAIIAN HEALTH CARE SYS- pared to a rate of— ‘‘(B) control of high blood pressure; TEM.—The term ‘Native Hawaiian health ‘‘(I) 9.2 percent for Native Hawaiian boys ‘‘(C) control of sexually transmittable dis- care system’ means any of up to 8 entities in and non-Hawaiian girls; and eases; the State that— ‘‘(II) a national rate of 2 percent. ‘‘(D) prevention and control of chronic dis- ‘‘(A) is organized under the laws of the ‘‘(8) OVERWEIGHTNESS AND OBESITY.—With eases; State; respect to overweightness and obesity— ‘‘(E) control of toxic agents; ‘‘(B) provides or arranges for the provision ‘‘(A) during the period of 2000 through 2003, ‘‘(F) occupational safety and health; of health services for Native Hawaiians in Native Hawaiian males and females had the ‘‘(G) injury prevention; the State; highest age-adjusted prevalence rates for ‘‘(H) fluoridation of water; ‘‘(C) is a public or nonprofit private entity; obesity (40.5 and 32.5 percent, respectively), ‘‘(I) control of infectious agents; and ‘‘(D) has Native Hawaiians significantly which was— ‘‘(J) provision of mental health care. participating in the planning, management, ‘‘(i) with respect to individuals of full Na- ‘‘(3) HEALTH PROMOTION.—The term ‘health provision, monitoring, and evaluation of tive Hawaiian ancestry, 145 percent higher promotion’ includes— health services; than the rate for the total population of the ‘‘(A) pregnancy and infant care, including ‘‘(E) addresses the health care needs of an State (16.5 per 100,000); and prevention of fetal alcohol syndrome; island’s Native Hawaiian population; and ‘‘(ii) with respect to individuals with less ‘‘(B) cessation of tobacco smoking; ‘‘(F) is recognized by Papa Ola Lokahi— than 100 percent Native Hawaiian ancestry, ‘‘(C) reduction in the misuse of alcohol and ‘‘(i) for the purpose of planning, con- 97 percent higher than the total population harmful illicit drugs; ducting, or administering programs, or por- of the State; and ‘‘(D) improvement of nutrition; tions of programs, authorized by this Act for ‘‘(B) for 2005, the prevalence of obesity ‘‘(E) improvement in physical fitness; the benefit of Native Hawaiians; and among Native Hawaiians was 43.1 percent, ‘‘(F) family planning; ‘‘(ii) as having the qualifications and the which was 119 percent higher than the preva- ‘‘(G) control of stress; capacity to provide the services and meet lence for the total population of the State ‘‘(H) reduction of major behavioral risk the requirements under— (19.7 percent). factors and promotion of healthy lifestyle ‘‘(I) the contract that each Native Hawai- ‘‘(9) FAMILY AND CHILD HEALTH.—With re- practices; and ian health care system enters into with the spect to family and child health— ‘‘(I) integration of cultural approaches to Secretary under this Act; or ‘‘(A) in 2000, the prevalence of single-par- health and well-being (including traditional ‘‘(II) the grant each Native Hawaiian ent families with minor children was highest practices relating to the atmosphere (lewa health care system receives from the Sec- among Native Hawaiian households, as com- lani), land (‘aina), water (wai), and ocean retary under this Act. pared to all households in the State (15.8 per- (kai)). ‘‘(7) NATIVE HAWAIIAN HEALTH CENTER.—The cent and 8.1 percent, respectively); ‘‘(4) HEALTH SERVICE.—The term ‘health term ‘Native Hawaiian Health Center’ means ‘‘(B) in 2002, nonmarital births accounted service’ means— any organization that is a primary health for 56.8 percent of all live births among Na- ‘‘(A) service provided by a physician, phy- care provider that— tive Hawaiians, as compared to 34 percent of sician’s assistant, nurse practitioner, nurse, ‘‘(A) has a governing board composed of in- all live births in the State; dentist, or other health professional; dividuals, at least 50 percent of whom are ‘‘(C) the rate of confirmed child abuse and ‘‘(B) a diagnostic laboratory or radiologic Native Hawaiians; neglect among Native Hawaiians has consist- service; ‘‘(B) has demonstrated cultural com- ently been 3 to 4 times the rates of other ‘‘(C) a preventive health service (including petency in a predominantly Native Hawaiian major ethnic groups, with a 3-year average of a perinatal service, well child service, family community; 63.9 cases in 2002, as compared to 12.8 cases planning service, nutrition service, home ‘‘(C) serves a patient population that— for the total population of the State; health service, sports medicine and athletic ‘‘(i) is made up of individuals at least 50 ‘‘(D) spousal abuse or abuse of an intimate training service, and, generally, any service percent of whom are Native Hawaiian; or partner was highest for Native Hawaiians, as associated with enhanced health and ‘‘(ii) has not less than 2,500 Native Hawai- compared to all cases of abuse in the State wellness); ians as annual users of services; and (4.5 percent and 2.2 percent, respectively); ‘‘(D) emergency medical service, including ‘‘(D) is recognized by Papa Ola Lokahi as and a service provided by a first responder, emer- having met each of the criteria described in ‘‘(E)(i) 1⁄2 of uninsured adults in the State gency medical technician, or mobile inten- subparagraphs (A) through (C). have family incomes below 200 percent of the sive care technician; ‘‘(8) NATIVE HAWAIIAN HEALTH TASK Federal poverty level; and ‘‘(E) a transportation service required for FORCE.—The term ‘Native Hawaiian Health ‘‘(ii) Native Hawaiians residing in the adequate patient care; Task Force’ means a task force established State and the continental United States ‘‘(F) a preventive dental service; by the State Council of Hawaiian Homestead have a higher rate of uninsurance than other ‘‘(G) a pharmaceutical and medicament Associations to implement health and ethnic groups in the State and continental service; wellness strategies in Native Hawaiian com- United States (14.5 percent and 9.5 percent, ‘‘(H) a mental health service, including a munities. respectively). service provided by a psychologist or social ‘‘(9) NATIVE HAWAIIAN ORGANIZATION.—The ‘‘(10) HEALTH PROFESSIONS EDUCATION AND worker; term ‘Native Hawaiian organization’ means TRAINING.—With respect to health profes- ‘‘(I) a genetic counseling service; any organization that— sions education and training— ‘‘(J) a health administration service, in- ‘‘(A) serves the interests of Native Hawai- ‘‘(A) in 2003, adult Native Hawaiians had a cluding a service provided by a health pro- ians; and higher rate of high school completion, as gram administrator; ‘‘(B)(i) is recognized by Papa Ola Lokahi compared to the total adult population of ‘‘(K) a health research service, including a for planning, conducting, or administering the State (49.4 percent and 34.4 percent, re- service provided by an individual with an ad- programs authorized under this Act for the spectively); vanced degree in medicine, nursing, psy- benefit of Native Hawaiians; and ‘‘(B) Native Hawaiian physicians make up 4 chology, social work, or any other related ‘‘(ii) is a public or nonprofit private entity. percent of the total physician workforce in health program; ‘‘(10) OFFICE OF HAWAIIAN AFFAIRS.—The the State; and ‘‘(L) an environmental health service, in- term ‘Office of Hawaiian Affairs’ means the ‘‘(C) in 2004, Native Hawaiians comprised— cluding a service provided by an epidemiolo- governmental entity that— ‘‘(i) 11.25 percent of individuals who earned gist, public health official, medical geog- ‘‘(A) is established under article XII, sec- bachelor’s degrees; rapher, or medical anthropologist, or an in- tions 5 and 6, of the Hawai‘i State Constitu- ‘‘(ii) 6 percent of individuals who earned dividual specializing in biological, chemical, tion; and master’s degrees; or environmental health determinants; ‘‘(B) charged with the responsibility to for- ‘‘(iii) 3 percent of individuals who earned ‘‘(M) a primary care service that may lead mulate policy relating to the affairs of Na- doctorate degrees; to specialty or tertiary care; and tive Hawaiians.

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‘‘(11) PAPA OLA LOKAHI.— ‘‘(B) the knowledge, skills, and experience Papa Ola Lokahi for the purpose of coordi- ‘‘(A) IN GENERAL.—The term ‘Papa Ola of whom are based on demonstrated learning nating, implementing, and updating a Native Lokahi’ means an organization that— of Native Hawaiian healing practices ac- Hawaiian comprehensive health care master ‘‘(i) is composed of public agencies and pri- quired by— plan that is designed— vate organizations focusing on improving the ‘‘(i) direct practical association with Na- ‘‘(A) to promote comprehensive health pro- health status of Native Hawaiians; and tive Hawaiian elders; and motion and disease prevention services; ‘‘(ii) governed by a board the members of ‘‘(ii) oral traditions transmitted from gen- ‘‘(B) to maintain and improve the health which may include representation from— eration to generation. status of Native Hawaiians; and ‘‘(I) E Ola Mau; ‘‘SEC. 4. DECLARATION OF NATIONAL NATIVE HA- ‘‘(C) to support community-based initia- ‘‘(II) the Office of Hawaiian Affairs; WAIIAN HEALTH POLICY. tives that are reflective of holistic ap- ‘‘(III) Alu Like, Inc.; ‘‘(a) DECLARATION.—Congress declares that proaches to health. ‘‘(IV) the University of Hawaii; it is the policy of the United States, in ful- ‘‘(2) CONSULTATION.— ‘‘(V) the Hawai‘i State Department of fillment of special responsibilities and legal ‘‘(A) IN GENERAL.—In carrying out this sec- Health; obligations of the United States to the indig- tion, Papa Ola Lokahi and the Office of Ha- ‘‘(VI) the Native Hawaiian Health Task enous people of Hawai‘i resulting from the waiian Affairs shall consult with representa- unique and historical relationship between Force; tives of— the United States and the indigenous people ‘‘(VII) the Hawai‘i State Primary Care As- ‘‘(i) the Native Hawaiian health care sys- of Hawaii— sociation; tems; ‘‘(1) to raise the health status of Native ‘‘(VIII) Ahahui O Na Kauka, the Native Ha- ‘‘(ii) the Native Hawaiian health centers; Hawaiians to the highest practicable health waiian Physicians Association; and level; and ‘‘(IX) Ho‘ola Lahui Hawaii, or a health care ‘‘(2) to provide Native Hawaiian health ‘‘(iii) the Native Hawaiian community. system serving the islands of Kaua‘i or care programs with all resources necessary ‘‘(B) MEMORANDA OF UNDERSTANDING.— Ni‘ihau (which may be composed of as many to effectuate that policy. Papa Ola Lokahi and the Office of Hawaiian health care centers as are necessary to meet ‘‘(b) INTENT OF CONGRESS.—It is the intent Affairs may enter into memoranda of under- the health care needs of the Native Hawai- of Congress that— standing or agreement for the purpose of ac- ians of those islands); ‘‘(1) health care programs having a dem- quiring joint funding, or for such other pur- ‘‘(X) Ke Ola Mamo, or a health care system onstrated effect of substantially reducing or poses as are necessary, to accomplish the ob- serving the island of O‘ahu (which may be eliminating the overrepresentation of Native jectives of this section. composed of as many health care centers as Hawaiians among those suffering from ‘‘(3) HEALTH CARE FINANCING STUDY RE- are necessary to meet the health care needs chronic and acute disease and illness, and ad- PORT.— of the Native Hawaiians of that island); dressing the health needs of Native Hawai- ‘‘(A) IN GENERAL.—Not later than 18 ‘‘(XI) Na Pu‘uwai or a health care system ians (including perinatal, early child devel- months after the date of enactment of the serving the islands of Moloka‘i or Lana‘i opment, and family-based health education Native Hawaiian Health Care Improvement (which may be composed of as many health needs), shall be established and imple- Reauthorization Act of 2007, Papa Ola care centers as are necessary to meet the mented; and Lokahi, in cooperation with the Office of Ha- health care needs of the Native Hawaiians of ‘‘(2) the United States— waiian Affairs and other appropriate agen- those islands); ‘‘(A) raise the health status of Native Ha- cies and organizations in the State (includ- ‘‘(XII) Hui No Ke Ola Pono, or a health waiians by the year 2010 to at least the levels ing the Department of Health and the De- care system serving the island of Maui described in the goals contained within partment of Human Services of the State) (which may be composed of as many health Healthy People 2010 (or successor standards); and appropriate Federal agencies (including care centers as are necessary to meet the and the Centers for Medicare and Medicaid Serv- health care needs of the Native Hawaiians of ‘‘(B) incorporate within health programs in ices), shall submit to Congress a report that that island); the United States activities defined and describes the impact of Federal and State ‘‘(XIII) Hui Malama Ola Na ‘Oiwi, or a identified by Kanaka Maoli, such as— health care financing mechanisms and poli- health care system serving the island of ‘‘(i) incorporating and supporting the inte- cies on the health and well-being of Native Hawai‘i (which may be composed of as many gration of cultural approaches to health and Hawaiians. health care centers as are necessary to meet well-being, including programs using tradi- ‘‘(B) COMPONENTS.—The report shall in- the health care needs of the Native Hawai- tional practices relating to the atmosphere clude— ians of that island); (lewa lani), land (’aina), water (wai), or ‘‘(i) information concerning the impact on ‘‘(XIV) such other Native Hawaiian health ocean (kai); Native Hawaiian health and well-being of— care systems as are certified and recognized ‘‘(ii) increasing the number of Native Ha- ‘‘(I) cultural competency; by Papa Ola Lokahi in accordance with this waiian health and allied-health providers ‘‘(II) risk assessment data; Act; and who provide care to or have an impact on the ‘‘(III) eligibility requirements and exemp- ‘‘(XV) such other member organizations as health status of Native Hawaiians; tions; and the Board of Papa Ola Lokahi shall admit ‘‘(iii) increasing the use of traditional Na- ‘‘(IV) reimbursement policies and capita- from time to time, based on satisfactory tive Hawaiian foods in— tion rates in effect as of the date of the re- demonstration of a record of contribution to ‘‘(I) the diets and dietary preferences of port for service providers; the health and well-being of Native Hawai- people, including those of students; and ‘‘(ii) such other similar information as ians. ‘‘(II) school feeding programs; may be important to improving the health ‘‘(B) EXCLUSION.—The term ‘Papa Ola ‘‘(iv) identifying and instituting Native status of Native Hawaiians, as that informa- Lokahi’ does not include any organization Hawaiian cultural values and practices with- tion relates to health care financing (includ- described in subparagraph (A) for which the in the corporate cultures of organizations ing barriers to health care); and Secretary has made a determination that the and agencies providing health services to Na- ‘‘(iii) recommendations for submission to organization has not developed a mission tive Hawaiians; the Secretary, for review and consultation statement that includes— ‘‘(v) facilitating the provision of Native with the Native Hawaiian community. ‘‘(i) clearly-defined goals and objectives for Hawaiian healing practices by Native Hawai- ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— the contributions the organization will make ian healers for individuals desiring that as- There are authorized to be appropriated such to— sistance; sums as are necessary to carry out sub- ‘‘(I) Native Hawaiian health care systems; ‘‘(vi) supporting training and education ac- and tivities and programs in traditional Native section (a). ‘‘(II) the national policy described in sec- Hawaiian healing practices by Native Hawai- ‘‘SEC. 6. FUNCTIONS OF PAPA OLA LOKAHI. tion 4; and ian healers; and ‘‘(ii) an action plan for carrying out those ‘‘(vii) demonstrating the integration of ‘‘(a) IN GENERAL.—Papa Ola Lokahi— goals and objectives. health services for Native Hawaiians, par- ‘‘(1) shall be responsible for— ‘‘(12) SECRETARY.—The term ‘Secretary’ ticularly those that integrate mental, phys- ‘‘(A) the coordination, implementation, means the Secretary of Health and Human ical, and dental services in health care. and updating, as appropriate, of the com- Services. ‘‘(c) REPORT.—The Secretary shall submit prehensive health care master plan under ‘‘(13) STATE.—The term ‘State’ means the to the President, for inclusion in each report section 5; State of Hawaii. required to be submitted to Congress under ‘‘(B) the training and education of individ- ‘‘(14) TRADITIONAL NATIVE HAWAIIAN HEAL- section 12, a report on the progress made to- uals providing health services; ER.—The term ‘traditional Native Hawaiian ward meeting the national policy described ‘‘(C) the identification of and research (in- healer’ means a practitioner— in this section. cluding behavioral, biomedical, epidemiolog- ‘‘(A) who— ‘‘SEC. 5. COMPREHENSIVE HEALTH CARE MASTER ical, and health service research) into the ‘‘(i) is of Native Hawaiian ancestry; and PLAN FOR NATIVE HAWAIIANS. diseases that are most prevalent among Na- ‘‘(ii) has the knowledge, skills, and experi- ‘‘(a) DEVELOPMENT.— tive Hawaiians; and ence in direct personal health care of indi- ‘‘(1) IN GENERAL.—The Secretary may make ‘‘(D) the development and maintenance of viduals; and a grant to, or enter into a contract with, an institutional review board for all research

VerDate Aug 31 2005 03:10 Jan 31, 2007 Jkt 059060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A30JA6.017 S30JAPT1 bajohnson on PROD1PC61 with SENATE S1338 CONGRESSIONAL RECORD — SENATE January 30, 2007 projects involving all aspects of Native Ha- ‘‘(B) resources or services for the imple- ‘‘SEC. 7. NATIVE HAWAIIAN HEALTH CARE. waiian health, including behavioral, bio- mentation of the national policy described in ‘‘(a) COMPREHENSIVE HEALTH PROMOTION, medical, epidemiological, and health service section 4. DISEASE PREVENTION, AND OTHER HEALTH research; ‘‘(2) HEALTH CARE FINANCING.— SERVICES.— ‘‘(2) may receive special project funds (in- ‘‘(A) FEDERAL CONSULTATION.— ‘‘(1) GRANTS AND CONTRACTS.—The Sec- cluding research endowments under section ‘‘(i) IN GENERAL.—Before adopting any pol- retary, in consultation with Papa Ola 736 of the Public Health Service Act (42 icy, rule, or regulation that may affect the Lokahi, may make grants to, or enter into contracts with 1 or more Native Hawaiian U.S.C. 293)) made available for the purpose provision of services or health insurance cov- health care systems for the purpose of pro- of— erage for Native Hawaiians, a Federal agency ‘‘(A) research on the health status of Na- viding comprehensive health promotion and that provides health care financing and car- tive Hawaiians; or disease prevention services, as well as other ries out health care programs (including the ‘‘(B) addressing the health care needs of health services, to Native Hawaiians who de- Centers for Medicare and Medicaid Services) Native Hawaiians; and sire and are committed to bettering their ‘‘(3) shall serve as a clearinghouse for— shall consult with representatives of— own health. ‘‘(A) the collection and maintenance of ‘‘(I) the Native Hawaiian community; ‘‘(2) LIMITATION ON NUMBER OF ENTITIES.— data associated with the health status of Na- ‘‘(II) Papa Ola Lokahi; and The Secretary may make a grant to, or enter tive Hawaiians; ‘‘(III) organizations providing health care into a contract with, not more than 8 Native ‘‘(B) the identification and research into services to Native Hawaiians in the State. Hawaiian health care systems under this diseases affecting Native Hawaiians; ‘‘(ii) IDENTIFICATION OF EFFECTS.—Any con- subsection for any fiscal year. ‘‘(C) the availability of Native Hawaiian sultation by a Federal agency under clause ‘‘(b) PLANNING GRANT OR CONTRACT.—In ad- project funds, research projects, and publica- (i) shall include an identification of the ef- dition to grants and contracts under sub- tions; fect of any policy, rule, or regulation pro- section (a), the Secretary may make a grant ‘‘(D) the collaboration of research in the posed by the Federal agency. to, or enter into a contract with, Papa Ola area of Native Hawaiian health; and ‘‘(B) STATE CONSULTATION.—Before making Lokahi for the purpose of planning Native ‘‘(E) the timely dissemination of informa- any change in an existing program or imple- Hawaiian health care systems to serve the tion pertinent to the Native Hawaiian health menting any new program relating to Native health needs of Native Hawaiian commu- care systems. Hawaiian health, the State shall engage in nities on each of the islands of O‘ahu, Moloka‘i, Maui, Hawai‘i, Lana‘i, Kaua‘i, ‘‘(b) CONSULTATION.— meaningful consultation with representa- Kaho‘lawe, and Ni‘ihau in the State. ‘‘(1) IN GENERAL.—The Secretary and the tives of— ‘‘(c) HEALTH SERVICES TO BE PROVIDED.— Secretary of each other Federal agency ‘‘(i) the Native Hawaiian community; ‘‘(1) IN GENERAL.—Each recipient of funds shall— ‘‘(ii) Papa Ola Lokahi; and under subsection (a) may provide or arrange ‘‘(A) consult with Papa Ola Lokahi; and ‘‘(iii) organizations providing health care for— ‘‘(B) provide Papa Ola Lokahi and the Of- services to Native Hawaiians in the State. ‘‘(A) outreach services to inform and assist fice of Hawaiian Affairs, at least once annu- ‘‘(C) CONSULTATION ON FEDERAL HEALTH IN- Native Hawaiians in accessing health serv- ally, an accounting of funds and services pro- SURANCE PROGRAMS.— ices; vided by the Secretary to assist in accom- ‘‘(i) IN GENERAL.—The Office of Hawaiian ‘‘(B) education in health promotion and plishing the purposes described in section 4. Affairs, in collaboration with Papa Ola disease prevention for Native Hawaiians ‘‘(2) COMPONENTS OF ACCOUNTING.—The ac- Lokahi, may develop consultative, contrac- that, wherever practicable, is provided by— counting under paragraph (1)(B) shall include tual, or other arrangements, including ‘‘(i) Native Hawaiian health care practi- an identification of— memoranda of understanding or agreement, tioners; ‘‘(A) the amount of funds expended explic- with— ‘‘(ii) community outreach workers; itly for and benefitting Native Hawaiians; ‘‘(I) the Centers for Medicare and Medicaid ‘‘(iii) counselors; ‘‘(B) the number of Native Hawaiians af- Services; ‘‘(iv) cultural educators; and fected by those funds; ‘‘(II) the agency of the State that admin- ‘‘(v) other disease prevention providers; ‘‘(C) the collaborations between the appli- isters or supervises the administration of the ‘‘(C) services of individuals providing cable Federal agency and Native Hawaiian State plan or waiver approved under title health services; groups and organizations in the expenditure XVIII, XIX, or XXI of the Social Security ‘‘(D) collection of data relating to the pre- of those funds; and vention of diseases and illnesses among Na- ‘‘(D) the amount of funds used for— Act (42 U.S.C. 1395 et seq.) for the payment of all or a part of the health care services pro- tive Hawaiians; and ‘‘(i) Federal administrative purposes; and ‘‘(E) support of culturally appropriate ac- ‘‘(ii) the provision of direct services to Na- vided to Native Hawaiians who are eligible for medical assistance under the State plan tivities that enhance health and wellness, in- tive Hawaiians. cluding land-based, water-based, ocean- or waiver; or ‘‘(c) FISCAL ALLOCATION AND COORDINATION based, and spiritually-based projects and pro- ‘‘(III) any other Federal agency providing OF PROGRAMS AND SERVICES.— grams. full or partial health insurance to Native Ha- ‘‘(1) RECOMMENDATIONS.—Papa Ola Lokahi ‘‘(2) TRADITIONAL HEALERS.—The health shall provide annual recommendations to the waiians. care services referred to in paragraph (1) Secretary with respect to the allocation of ‘‘(ii) CONTENTS OF ARRANGEMENTS.—An ar- that are provided under grants or contracts all amounts made available under this Act. rangement under clause (i) may address— under subsection (a) may be provided by tra- ‘‘(2) COORDINATION.—Papa Ola Lokahi ‘‘(I) appropriate reimbursement for health ditional Native Hawaiian healers, as appro- shall, to the maximum extent practicable, care services, including capitation rates and priate. coordinate and assist the health care pro- fee-for-service rates for Native Hawaiians ‘‘(d) FEDERAL TORT CLAIMS ACT.—An indi- grams and services provided to Native Ha- who are entitled to or eligible for insurance; vidual who provides a medical, dental, or waiians under this Act and other Federal ‘‘(II) the scope of services; or other service referred to in subsection (a)(1) laws. ‘‘(III) other matters that would enable Na- for a Native Hawaiian health care system, ‘‘(3) REPRESENTATION ON COMMISSION.—The tive Hawaiians to maximize health insurance including a provider of a traditional Native Secretary, in consultation with Papa Ola benefits provided by Federal and State Hawaiian healing service, shall be— Lokahi, shall make recommendations for health insurance programs. ‘‘(1) treated as if the individual were a Native Hawaiian representation on the ‘‘(3) TRADITIONAL HEALERS.— member of the Public Health Service; and President’s Advisory Commission on Asian ‘‘(A) IN GENERAL.—The provision of health ‘‘(2) subject to section 224 of the Public Americans and Pacific Islanders. services under any program operated by the Health Service Act (42 U.S.C. 233). ‘‘(d) TECHNICAL SUPPORT.—Papa Ola Department or another Federal agency (in- ‘‘(e) SITE FOR OTHER FEDERAL PAYMENTS.— Lokahi shall provide statewide infrastruc- cluding the Department of Veterans Affairs) ‘‘(1) IN GENERAL.—A Native Hawaiian ture to provide technical support and coordi- may include the services of— health care system that receives funds under nation of training and technical assistance ‘‘(i) traditional Native Hawaiian healers; subsection (a) may serve as a Federal loan to— repayment facility. or ‘‘(1) the Native Hawaiian health care sys- ‘‘(2) REMISSION OF PAYMENTS.—A facility ‘‘(ii) traditional healers providing tradi- tems; and described in paragraph (1) shall be designed tional health care practices (as those terms ‘‘(2) the Native Hawaiian health centers. to enable health and allied-health profes- are defined in section 4 of the Indian Health ‘‘(e) RELATIONSHIPS WITH OTHER AGEN- sionals to remit payments with respect to Care Improvement Act (25 U.S.C. 1603). CIES.— loans provided to the professionals under any ‘‘(1) AUTHORITY.—Papa Ola Lokahi may ‘‘(B) EXEMPTION.—Services described in Federal loan program. enter into agreements or memoranda of un- subparagraph (A) shall be exempt from na- ‘‘(f) RESTRICTION ON USE OF GRANT AND derstanding with relevant institutions, agen- tional accreditation reviews, including re- CONTRACT FUNDS.—The Secretary shall not cies, or organizations that are capable of views conducted by— make a grant to, or enter into a contract providing— ‘‘(i) the Joint Commission on Accredita- with, an entity under subsection (a) unless ‘‘(A) health-related resources or services to tion of Healthcare Organizations; and the entity agrees that amounts received Native Hawaiians and the Native Hawaiian ‘‘(ii) the Commission on Accreditation of under the grant or contract will not, directly health care systems; or Rehabilitation Facilities. or through contract, be expended—

VerDate Aug 31 2005 03:10 Jan 31, 2007 Jkt 059060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A30JA6.018 S30JAPT1 bajohnson on PROD1PC61 with SENATE January 30, 2007 CONGRESSIONAL RECORD — SENATE S1339 ‘‘(1) for any service other than a service de- of, and compliance with, grants and con- retary shall consider the results of the eval- scribed in subsection (c)(1); tracts under this Act. uations conducted under this section. ‘‘(2) to purchase or improve real property ‘‘(c) ADMINISTRATIVE REQUIREMENTS.—The ‘‘(4) APPLICATION OF FEDERAL LAWS.—Each (other than minor remodeling of existing im- Secretary shall not make a grant or enter contract entered into by the Secretary under provements to real property); or into a contract under this Act with an entity this Act shall be in accordance with all Fed- ‘‘(3) to purchase major medical equipment. unless the entity— eral contracting laws (including regula- ‘‘(g) LIMITATION ON CHARGES FOR SERV- ‘‘(1) agrees to establish such procedures for tions), except that, in the discretion of the ICES.—The Secretary shall not make a grant fiscal control and fund accounting as the Secretary, such a contract may— to, or enter into a contract with, an entity Secretary determines are necessary to en- ‘‘(A) be negotiated without advertising; under subsection (a) unless the entity agrees sure proper disbursement and accounting and that, whether health services are provided with respect to the grant or contract; ‘‘(B) be exempted from subchapter III of directly or under a contract— ‘‘(2) agrees to ensure the confidentiality of chapter 31, United States Code. ‘‘(1) any health service under the grant or records maintained on individuals receiving ‘‘(5) PAYMENTS.—A payment made under contract will be provided without regard to health services under the grant or contract; any contract entered into under this Act— the ability of an individual receiving the ‘‘(3) with respect to providing health serv- ‘‘(A) may be made— health service to pay for the health service; ices to any population of Native Hawaiians, ‘‘(i) in advance; and a substantial portion of which has a limited ‘‘(ii) by means of reimbursement; or ‘‘(2) the entity will impose for the delivery ability to speak the English language— ‘‘(iii) in installments; and of such a health service a charge that is— ‘‘(A) has developed and has the ability to ‘‘(B) shall be made on such conditions as ‘‘(A) made according to a schedule of carry out a reasonable plan to provide health the Secretary determines to be necessary to charges that is made available to the public; services under the grant or contract through carry out this Act. individuals who are able to communicate and ‘‘(e) REPORT.— with the population involved in the language ‘‘(B) adjusted to reflect the income of the ‘‘(1) IN GENERAL.—For each fiscal year dur- individual involved. and cultural context that is most appro- ing which an entity receives or expends priate; and ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— funds under a grant or contract under this ‘‘(B) has designated at least 1 individual ‘‘(1) GENERAL GRANTS.—There are author- Act, the entity shall submit to the Secretary who is fluent in English and the appropriate ized to be appropriated such sums as are nec- and to Papa Ola Lokahi an annual report language to assist in carrying out the plan; essary to carry out subsection (a) for each of that describes— ‘‘(4) with respect to health services that fiscal years 2007 through 2012. ‘‘(A) the activities conducted by the entity are covered under a program under title ‘‘(2) PLANNING GRANTS.—There are author- under the grant or contract; XVIII, XIX, or XXI of the Social Security ized to be appropriated such sums as are nec- ‘‘(B) the amounts and purposes for which Act (42 U.S.C. 1395 et seq.) (including any essary to carry out subsection (b) for each of Federal funds were expended; and State plan), or under any other Federal fiscal years 2007 through 2012. ‘‘(C) such other information as the Sec- health insurance plan— ‘‘(3) HEALTH SERVICES.—There are author- retary may request. ‘‘(A) if the entity will provide under the ‘‘(2) AUDITS.—The reports and records of ized to be appropriated such sums as are nec- grant or contract any of those health serv- any entity concerning any grant or contract essary to carry out subsection (c) for each of ices directly— fiscal years 2007 through 2012. ‘‘(i) has entered into a participation agree- under this Act shall be subject to audit by— ‘‘SEC. 8. ADMINISTRATIVE GRANT FOR PAPA OLA ment under each such plan; and ‘‘(A) the Secretary; LOKAHI. ‘‘(ii) is qualified to receive payments under ‘‘(B) the Inspector General of the Depart- ‘‘(a) IN GENERAL.—In addition to any other the plan; and ment of Health and Human Services; and grant or contract under this Act, the Sec- ‘‘(B) if the entity will provide under the ‘‘(C) the Comptroller General of the United retary may make grants to, or enter into grant or contract any of those health serv- States. contracts with, Papa Ola Lokahi for— ices through a contract with an organiza- ‘‘(f) ANNUAL PRIVATE AUDIT.—The Sec- ‘‘(1) coordination, implementation, and up- tion— retary shall allow as a cost of any grant dating (as appropriate) of the comprehensive ‘‘(i) ensures that the organization has en- made or contract entered into under this Act health care master plan developed under sec- tered into a participation agreement under the cost of an annual private audit con- tion 5; each such plan; and ducted by a certified public accountant to ‘‘(2) training and education for providers of ‘‘(ii) ensures that the organization is quali- carry out this section. health services; fied to receive payments under the plan; and ‘‘SEC. 10. ASSIGNMENT OF PERSONNEL. ‘‘(3) identification of and research (includ- ‘‘(5) agrees to submit to the Secretary and ‘‘(a) IN GENERAL.—The Secretary may ing behavioral, biomedical, epidemiologic, Papa Ola Lokahi an annual report that— enter into an agreement with Papa Ola and health service research) into the diseases ‘‘(A) describes the use and costs of health Lokahi or any of the Native Hawaiian health that are most prevalent among Native Ha- services provided under the grant or contract care systems for the assignment of personnel waiians; (including the average cost of health services of the Department of Health and Human ‘‘(4) a clearinghouse function for— per user); and Services with relevant expertise for the pur- ‘‘(A) the collection and maintenance of ‘‘(B) provides such other information as pose of— data associated with the health status of Na- the Secretary determines to be appropriate. ‘‘(1) conducting research; or tive Hawaiians; ‘‘(d) CONTRACT EVALUATION.— ‘‘(2) providing comprehensive health pro- ‘‘(B) the identification and research into ‘‘(1) DETERMINATION OF NONCOMPLIANCE.—If, motion and disease prevention services and diseases affecting Native Hawaiians; and as a result of evaluations conducted by the health services to Native Hawaiians. ‘‘(C) the availability of Native Hawaiian Secretary, the Secretary determines that an ‘‘(b) APPLICABLE FEDERAL PERSONNEL PRO- project funds, research projects, and publica- entity has not complied with or satisfac- VISIONS.—Any assignment of personnel made tions; torily performed a contract entered into by the Secretary under any agreement en- ‘‘(5) the establishment and maintenance of under section 7, the Secretary shall, before tered into under subsection (a) shall be an institutional review board for all health- renewing the contract— treated as an assignment of Federal per- related research involving Native Hawaiians; ‘‘(A) attempt to resolve the areas of non- sonnel to a local government that is made in ‘‘(6) the coordination of the health care compliance or unsatisfactory performance; accordance with subchapter VI of chapter 33 programs and services provided to Native and of title 5, United States Code. Hawaiians; and ‘‘(B) modify the contract to prevent future ‘‘SEC. 11. NATIVE HAWAIIAN HEALTH SCHOLAR- ‘‘(7) the administration of special project occurrences of the noncompliance or unsatis- SHIPS AND FELLOWSHIPS. funds. factory performance. ‘‘(a) ELIGIBILITY.—Subject to the avail- ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(2) NONRENEWAL.—If the Secretary deter- ability of amounts appropriated under sub- There are authorized to be appropriated such mines that the noncompliance or unsatisfac- section (c), the Secretary shall provide to sums as are necessary to carry out sub- tory performance described in paragraph (1) Papa Ola Lokahi, through a direct grant or a section (a) for each of fiscal years 2007 with respect to an entity cannot be resolved cooperative agreement, funds for the purpose through 2012. and prevented in the future, the Secretary— of providing scholarship and fellowship as- ‘‘SEC. 9. ADMINISTRATION OF GRANTS AND CON- ‘‘(A) shall not renew the contract with the sistance, counseling, and placement service TRACTS. entity; and assistance to students who are Native Ha- ‘‘(a) TERMS AND CONDITIONS.—The Sec- ‘‘(B) may enter into a contract under sec- waiians. retary shall include in any grant made or tion 7 with another entity referred to in sec- ‘‘(b) PRIORITY.—A priority for scholarships contract entered into under this Act such tion 7(a)(3) that provides services to the under subsection (a) may be provided to em- terms and conditions as the Secretary con- same population of Native Hawaiians served ployees of— siders necessary or appropriate to ensure by the entity the contract with which was ‘‘(1) the Native Hawaiian Health Care Sys- that the objectives of the grant or contract not renewed by reason of this paragraph. tems; and are achieved. ‘‘(3) CONSIDERATION OF RESULTS.—In deter- ‘‘(2) the Native Hawaiian Health Centers. ‘‘(b) PERIODIC REVIEW.—The Secretary mining whether to renew a contract entered ‘‘(c) TERMS AND CONDITIONS.— shall periodically evaluate the performance into with an entity under this Act, the Sec- ‘‘(1) SCHOLARSHIP ASSISTANCE.—

VerDate Aug 31 2005 02:16 Jan 31, 2007 Jkt 059060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A30JA6.018 S30JAPT1 bajohnson on PROD1PC61 with SENATE S1340 CONGRESSIONAL RECORD — SENATE January 30, 2007

‘‘(A) IN GENERAL.—The scholarship assist- ated with, participation in a program de- er learning, in health and allied health pro- ance under subsection (a) shall be provided scribed in that paragraph. grams in healing practices, including Native in accordance with subparagraphs (B) ‘‘(3) RIGHTS AND BENEFITS.—An individual Hawaiian healing practices; through (G). who is a health professional designated in ‘‘(C) the integration of Western medicine ‘‘(B) NEED.—The provision of scholarships section 338A of the Public Health Service Act with complementary healing practices, in- in each type of health profession training (42 U.S.C. 254l) who receives a scholarship cluding traditional Native Hawaiian healing shall correspond to the need for each type of under this subsection while fulfilling a serv- practices; health professional to serve the Native Ha- ice requirement under that Act shall retain ‘‘(D) the use of telehealth and tele- waiian community in providing health serv- the same rights and benefits as members of communications in— ices, as identified by Papa Ola Lokahi. the National Health Service Corps during the ‘‘(i) chronic and infectious disease manage- ‘‘(C) ELIGIBLE APPLICANTS.—To the max- period of service. ment; and imum extent practicable, the Secretary shall ‘‘(4) NO INCLUSION OF ASSISTANCE IN GROSS ‘‘(ii) health promotion and disease preven- select scholarship recipients from a list of el- INCOME.—Financial assistance provided tion; igible applicants submitted by Papa Ola under this section shall be considered to be ‘‘(E) the development of appropriate mod- Lokahi. qualified scholarships for the purpose of sec- els of health care for Native Hawaiians and ‘‘(D) OBLIGATED SERVICE REQUIREMENT.— tion 117 of the Internal Revenue Code of 1986. other indigenous people, including— ‘‘(i) IN GENERAL.—An obligated service re- ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(i) the provision of culturally competent quirement for each scholarship recipient (ex- There are authorized to be appropriated such health services; cept for a recipient receiving assistance sums as are necessary to carry out sub- ‘‘(ii) related activities focusing on wellness under paragraph (2)) shall be fulfilled sections (a) and (c)(2) for each of fiscal years concepts; through service, in order of priority, in— 2007 through 2012. ‘‘(iii) the development of appropriate ‘‘(I) any of the Native Hawaiian health ‘‘SEC. 12. REPORT. kupuna care programs; and care systems; ‘‘For each fiscal year, the President shall, ‘‘(iv) the development of financial mecha- ‘‘(II) any of the Native Hawaiian health at the time at which the budget of the nisms and collaborative relationships lead- centers; United States is submitted under section ing to universal access to health care; and ‘‘(III) 1 or more health professions shortage 1105 of title 31, United States Code, submit to ‘‘(F) the establishment of— areas, medically underserved areas, or geo- Congress a report on the progress made in ‘‘(i) a Native Hawaiian Center of Excel- graphic areas or facilities similarly des- meeting the purposes of this Act, including— lence for Nursing at the University of ignated by the Public Health Service in the ‘‘(1) a review of programs established or as- Hawai‘i at Hilo; State; sisted in accordance with this Act; and ‘‘(ii) a Native Hawaiian Center of Excel- ‘‘(IV) a Native Hawaiian organization that ‘‘(2) an assessment of and recommenda- lence for Mental Health at the University of serves a geographical area, facility, or orga- tions for additional programs or additional Hawai‘i at Manoa; nization that serves a significant Native Ha- assistance necessary to provide, at a min- ‘‘(iii) a Native Hawaiian Center of Excel- waiian population; imum, health services to Native Hawaiians, lence for Maternal Health and Nutrition at ‘‘(V) any public agency or nonprofit orga- the Waimanalo Health Center; nization providing services to Native Hawai- and ensure a health status for Native Hawai- ‘‘(iv) a Native Hawaiian Center of Excel- ians; or ians, that are at a parity with the health lence for Research, Training, Integrated ‘‘(VI) any of the uniformed services of the services available to, and the health status Medicine at Molokai General Hospital; and United States. of, the general population. ‘‘(v) a Native Hawaiian Center of Excel- ‘‘(ii) ASSIGNMENT.—The placement service ‘‘SEC. 13. USE OF FEDERAL GOVERNMENT FACILI- lence for Complementary Health and Health for a scholarship shall assign each Native TIES AND SOURCES OF SUPPLY. Education and Training at the Waianae Hawaiian scholarship recipient to 1 or more ‘‘(a) IN GENERAL.—The Secretary shall per- Coast Comprehensive Health Center. appropriate sites for service in accordance mit an organization that enters into a con- ‘‘(3) CENTERS OF EXCELLENCE.—Papa Ola with clause (i). tract or receives grant under this Act to use Lokahi, and any centers established under ‘‘(E) COUNSELING, RETENTION, AND SUPPORT in carrying out projects or activities under paragraph (2)(F), shall be considered to be SERVICES.—The provision of academic and the contract or grant all existing facilities personal counseling, retention and other sup- under the jurisdiction of the Secretary (in- qualified as Centers of Excellence under sec- port services— cluding all equipment of the facilities), in tions 485F and 903(b)(2)(A) of the Public ‘‘(i) shall not be limited to scholarship re- accordance with such terms and conditions Health Service Act (42 U.S.C. 287c–32, 299a–1). ‘‘(b) NONREDUCTION IN OTHER FUNDING.— cipients under this section; and as may be agreed on for the use and mainte- The allocation of funds for demonstration ‘‘(ii) shall be made available to recipients nance of the facilities or equipment. projects under subsection (a) shall not result of other scholarship and financial aid pro- ‘‘(b) DONATION OF PROPERTY.—The Sec- in any reduction in funds required by the Na- grams enrolled in appropriate health profes- retary may donate to an organization that tive Hawaiian health care systems, the Na- sions training programs. enters into a contract or receives grant tive Hawaiian Health Centers, the Native ‘‘(F) FINANCIAL ASSISTANCE.—After con- under this Act, for use in carrying out a Hawaiian Health Scholarship Program, or sultation with Papa Ola Lokahi, financial as- project or activity under the contract or Papa Ola Lokahi to carry out the respective sistance may be provided to a scholarship re- grant, any personal or real property deter- responsibilities of those entities under this cipient during the period that the recipient mined to be in excess of the needs of the De- Act. is fulfilling the service requirement of the partment or the General Services Adminis- recipient in any of— tration. ‘‘SEC. 15. RULE OF CONSTRUCTION. ‘‘Nothing in this Act restricts the author- ‘‘(i) the Native Hawaiian health care sys- ‘‘(c) ACQUISITION OF SURPLUS PROPERTY.— tems; or The Secretary may acquire excess or surplus ity of the State to require licensing of, and issue licenses to, health practitioners. ‘‘(ii) the Native Hawaiians health centers. Federal Government personal or real prop- ‘‘SEC. 16. COMPLIANCE WITH BUDGET ACT. ‘‘(G) DISTANCE LEARNING RECIPIENTS.—A erty for donation to an organization under scholarship may be provided to a Native Ha- subsection (b) if the Secretary determines ‘‘Any new spending authority described in waiian who is enrolled in an appropriate dis- that the property is appropriate for use by subparagraph (A) or (B) of section 401(c)(2) of tance learning program offered by an accred- the organization for the purpose for which a the Congressional Budget Act of 1974 (2 ited educational institution. contract entered into or grant received by U.S.C. 651(c)(2)) that is provided under this Act shall be effective for any fiscal year only ‘‘(2) FELLOWSHIPS.— the organization is authorized under this to such extent or in such amounts as are pro- ‘‘(A) IN GENERAL.—Papa Ola Lokahi may Act. vided for in Acts of appropriation. provide financial assistance in the form of a ‘‘SEC. 14. DEMONSTRATION PROJECTS OF NA- fellowship to a Native Hawaiian health pro- TIONAL SIGNIFICANCE. ‘‘SEC. 17. SEVERABILITY. ‘‘If any provision of this Act, or the appli- fessional who is— ‘‘(a) AUTHORITY AND AREAS OF INTEREST.— cation of any such provision to any person or ‘‘(i) a Native Hawaiian community health ‘‘(1) IN GENERAL.—The Secretary, in con- circumstance, is determined by a court of representative, outreach worker, or health sultation with Papa Ola Lokahi, may allo- competent jurisdiction to be invalid, the re- program administrator in a professional cate amounts made available under this Act, mainder of this Act, and the application of training program; or any other Act, to carry out Native Hawai- the provision to a person or circumstance ‘‘(ii) a Native Hawaiian providing health ian demonstration projects of national sig- other than that to which the provision is services; or nificance. held invalid, shall not be affected by that ‘‘(iii) a Native Hawaiian enrolled in a cer- ‘‘(2) AREAS OF INTEREST.—A demonstration holding.’’. tificated program provided by traditional project described in paragraph (1) may relate Native Hawaiian healers in any of the tradi- to such areas of interest as— By Mr. BOND (for himself, Mr. tional Native Hawaiian healing practices (in- ‘‘(A) the development of a centralized data- cluding lomi-lomi, la‘au lapa‘au, and base and information system relating to the LEAHY, Mr. NELSON of Ne- ho‘oponopono). health care status, health care needs, and braska, and Ms. SNOWE): ‘‘(B) TYPES OF ASSISTANCE.—Assistance wellness of Native Hawaiians; S. 430. A bill to amend title 10, under subparagraph (A) may include a sti- ‘‘(B) the education of health professionals, United States Code, to enhance the na- pend for, or reimbursement for costs associ- and other individuals in institutions of high- tional defense through empowerment

VerDate Aug 31 2005 03:10 Jan 31, 2007 Jkt 059060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A30JA6.018 S30JAPT1 bajohnson on PROD1PC61 with SENATE January 30, 2007 CONGRESSIONAL RECORD — SENATE S1341 of the Chief of the National Guard Bu- for greater input on Guard matters, it Let me be clear about what this leg- reau and the enhancement of the func- is only logical that the leadership islation does not do. The Guard Em- tions of the National Guard Bureau, within the National Guard should be powerment Act does not make the Na- and for other purposes; to the Com- the ones doing the advising. And, as tional Guard a separate armed service. mittee on Armed Services. the Guard becomes more active within The Guard will remain an integral Mr. LEAHY. Mr. President, today I the military’s total force, it only partner of the Army and the Air Force. introduce legislation about the Na- makes sense to increase the number of Nor is the act some kind of wanton tional Guard with Senator KIT BOND, Guard generals at the highest reaches power grab. Instead, the act would my fellow co-chair of the Senate’s Na- of the military command, where key bring the National Guard’s bureau- tional Guard Caucus, and Senator BEN force management decisions are made. cratic position in line with what it is NELSON, a longtime caucus member At the same time, the National already doing and what we will expect and a subcommittee chair of the Sen- Guard is in a position to deal with of it in the future. Passage of the act ate Armed Services Committee. The some of the basic missions at home will, utmost, not disturb or undermine National Guard Empowerment Act of that are simply not being address by our defense arrangements. Rather, it 2007 would improve the management of the Department of Defense. We have will empower the entire military to the National Guard, and it will give the some real heroes at the recently estab- deal with critically important prob- Guard more responsibility in improv- lished Northern Command, which is lems that it is simply not addressing. ing our defense arrangements at home, working with various civilian agencies This legislation has been carefully where the Guard works in tandem with to prevent another attack at home. crafted over the past year and a half, the Nation’s governors to help keep our Yet, the processes to deal with the mis- and it incorporates the input we re- communities safe. This legislation will sion of having military support of ci- ceived from the adjutants general, the strengthen the National Guard, the vilian authorities in domestic emer- National Guard leadership, the gov- military, and our Nation, and I believe gencies are as yet undefined. ernors, and key officers across the de- it is something that deserves our at- Northern command, meanwhile, is fense establishment. I would like to taking only perfunctory input from the tention and approval. submit for the RECORD letters of sup- As Senators, we know all too well the nation’s governors who, along with port from the National Guard Associa- many ways in which our communities local officials, will bear much of the re- tion of the United States, the Enlisted rely on the National Guard. The sol- sponsibility in disaster situations. Five Association of the National Guard of years after September 11, we cannot diers of the National Guard, like their the United States, and the Adjutants wait to give more definition to how the active duty counterparts, have ex- General Association of the United military will support civil authorities pended an extraordinary amount of States. in an emergency, and we cannot wait will and sacrifice in the wars in Af- This drive to empower the Guard is until an actual emergency to inform ghanistan and Iraq. The National also gaining momentum in Congress. State governors about what resources Since 9/11 we have been asking the Guard comprised almost 50 percent of are available to them. With some new Guard to do more and more, and they the forces on the ground in Iraq less authorities, we can give the Guard the have superbly handled their dual role than 2 years ago, and now, as the Pen- mission of leading the effort to support at home and abroad. But strains are tagon plans to implement the Presi- civilian authorities at home and in showing in the system. The Guard is a dent’s plans for a troop escalation, the working with the States and governors 21st century military organization that percentage of Guard troops on the to plan for such disasters. ground is set to rise once again. Elevating the National Guard bu- has to operate under a 20th century bu- At the same time, we are constantly reaucratically, increasing the quality reaucracy. The Guard’s ability to help witness to the equally heralded work advice on the Guard to the senior com- the Nation is limited only by the re- that the National Guard has done to in- mand, and improving response to do- sources, authorities, and responsibility crease security at home. Along with ef- mestic emergencies are exactly what we give it. Let us put the trust in the forts to increase security along both the provisions of the National Guard men and women of the Guard that they the northern and southern borders, the Empowerment Act will accomplish. have deserved and earned, by giving Guard has bolstered security at special First, the National Guard Empower- them the seat at the table that they events across the country, including ment Act elevates the Chief of the Na- need. the Olympics, the national political tional Guard Bureau from the rank of Mr. President, I ask unanimous con- party conventions, and events here in lieutenant general to general with sent that letters of support be printed our Nation’s capital. Most impor- four-stars, with a seat on the Joint in the RECORD. tantly, the National Guard provided Chiefs of Staff. This move will give the There being no objection, the letters the best—the very best—response of Nation’s governors and adjutants gen- were ordered to be printed in the any agency, Federal, State or local, in eral a straight line of communication RECORD, as follows: the disastrous aftermath of Hurricane to the Joint Chiefs Chairman, the Sec- NATIONAL GUARD ASSOCIATION Katrina, sending tens of thousands of retary of Defense, and the President. OF THE UNITED STATES, INC., troops to the hardest-hit communities Having personnel with more knowledge Washington, DC, January 25, 2007. in relatively short order. and experience with the Guard involved Hon. PATRICK LEAHY, When you look at these examples, it U.S. Senate, in key budget and policy deliberations, Washington, DC. is indisputable that the National Guard the branches of the active duty serv- DEAR SENATOR LEAHY: The National Guard is only limited in what it can do for us ices will be less willing to try to bal- Association of the United States continues by the authorities, policies, available ance budgets on the back of the reserve to support the critical changes that were in- equipment, responsibilities, and sup- forces like the Guard, which only goes cluded in the National Defense Enhancement port that we give them. against our overall ability to respond. and National Guard Empowerment Act of It is time to give the Guard more Second, the act gives the National 2006. We appreciate your efforts, along with tools and support to effectively carry Guard the responsibility of working Senator Bond, in introducing a new bill in out these responsibilities. the Senate that incorporates these same with the States to identify gaps in areas of concern. With the knowledge that the use of their response capabilities, of setting S. 2658 was a bold step in the last session the National Guard is sure to increase equipment requirements, and procuring to provide the National Guard with an ade- in the future, the President, the Sec- these much needed items. The act will quate voice in the deliberations of the De- retary of Defense, and the Chairman of ensure that a National Guard com- partment of Defense as together we meet the the Joint Chiefs need unfettered and mander is the deputy commander of future threats to the nation, both here at unmediated advice about how to utilize Northern Command and that the home and overseas. the force, whether balancing both the As you know, NGAUS worked vigorously in Guard—and thus, in turn, the gov- 2006 to secure passage of S. 2658 and we have domestic and overseas missions of the ernors—work in tandem with the com- continued that aggressive support in hear- National Guard or using the Guard to mand to set out specific plans to sup- ings before the Commission on the National support the Nation’s governors in do- port our elected and civilian leaders in Guard and Reserve. While we regret that mestic emergencies. Given this need an emergency. their deliberations have created some delay

VerDate Aug 31 2005 02:16 Jan 31, 2007 Jkt 059060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A30JA6.025 S30JAPT1 bajohnson on PROD1PC61 with SENATE S1342 CONGRESSIONAL RECORD — SENATE January 30, 2007 in implementing these key solutions to Na- EANGUS, cial networking websites and chat tional Guard issues we remain hopeful that Alexandria, VA, January 25, 2007. rooms where children post personal in- they too will recognize the wisdom contained Hon. PATRICK LEAHY, formation about themselves hoping to in the National Guard Empowerment Act of U.S. Senate, connect with other children. Many 2007. Washington, DC. Thank you for your assistance on behalf of Hon. CHRISTOPHER BOND, children who access the Internet in a the National Guard. Please let us know how U.S. Senate, safe environment, such as their home we may be of further assistance in this en- Washington, DC. or school, combined with the natural deavor. The Enlisted Association of the National Sincerely, trust of a child, forget that they are Guard of the United States (EANGUS) is the sharing personal information with STEPHEN M. KOPER, only military service association that rep- Brigadier General (Ret), resents the interests of every enlisted soldier complete strangers. This allows strang- President. and airmen in the Army and Air National ers that a child would likely never Guard. With a constituency base of over speak with in the ‘‘real world’’ to prey JANUARY 30, 2007. 414,000 soldiers and airmen, their families, on children more easily. Hon. BEN NELSON, and a large retiree membership, EANGUS en- U.S. Senate, gages Capitol Hill on behalf of courageous In a Pew Internet and American Life Washington, DC. Guard persons across this nation. survey released earlier this month, 55 Hon. PATRICK LEAHY, On behalf of EANGUS, and the soldiers and percent of adolescents polled said they U.S. Senate, airmen it represents, I’d like to commu- have posted a profile on a social net- nicate our support for legislation to elevate Washington, DC. working website, and 48 percent of ado- Hon. KIT BOND, the position of Chief National Guard Bureau U.S. Senate, to General, to place the Chief on the Joint lescents polled say they visit a social Washington, DC. Chiefs of Staff, and to enhance the respon- networking website every day. These Hon. OLYMPIA SNOWE, sibilities of the Chief of the National Guard statistics prove that the fight to pro- U.S. Senate, Bureau and the functions of the National tect our children from sexual predators Washington, DC. Guard Bureau. For years, the Chief of the has moved from the playground to the National Guard Bureau, and the National As you are most certainly aware the Adju- Internet. tants General of the 54 states, territories, Guard as a whole, has deliberately been in and District of Columbia have provided the shallow end of the resource pool, bearing For this reason, Senator SCHUMER trained and ready National Guard forces to the brunt of budget cuts to the Army and Air and I are introducing legislation that protect the nation inside and outside of its Force, and having to ‘‘take it out of hide’’ to would enable social networking accomplish federal and state missions that borders in unprecedented numbers since 9/11. websites to protect their young users Since then we have sought reform within the were required by statute but not fully funded Department of Defense for the National by the services or Department of Defense. from convicted sex offenders. By re- Guard to fully transform from a strategic re- Our association stands firm in support of quiring sex offenders to register e-mail serve to an operational reserve. Congressional action to remedy this long-en- addresses and other Internet identi- dured and untenable situation. The lack of We are united in support of the National fying information with the Department Guard Empowerment Act of 2007. The legisla- trust and respect of the National Guard by tion contains key elements that will enhance DOD political and military leaders, as well of Justice, and allowing the Depart- the ability of the National Guard to equip as the service secretaries, the consistent ment to offer this information to com- and train for its dual role missions. Ele- under-funding of National Guard appropria- mercial social networking websites, vating the Chief, National Guard Bureau to tions accounts, and the intentional lack of Congress is providing websites with the four-star rank is needed to ensure represen- communication and coordination all have tools to come forth with innovative so- the probability of being rectified by this leg- tation at the highest levels when addressing lutions to protect children. A similar homeland security and National Guard islation by making the National Guard a full usage. Making the National Guard Bureau a player in the decision-making and appropria- proposal was included in S. 4089, the joint activity in DoD responds directly to tions process. Stop the Exploitation of Our Children White House recommendations contained in Thank you for taking legislative action Act of 2006, which I introduced on De- that is not only timely, but unfortunately its report on Hurricane Katrina. A greater cember 6, 2006. National Guard presence is needed at necessary, and long overdue. We look for- USNORTHCOM. Your legislation does this ward to working with your staff as this legis- According to the same Pew Internet lation works its way into law. and American life survey, fully 85 per- by requiring the deputy commander to be a Working for America’s Best! National Guard general. Other provisions cent of adolescents who have created MSG MICHAEL P. CLINE, USA (RET), deal with expanding opportunities for Na- Executive Director. an online profile say the profile they tional Guard leaders to compete for top level use or update most often is on assignments. Finally, the legislation focuses By Mr. SCHUMER (for himself MySpace, while 7 percent update a pro- on identifying and correcting critical gaps in and Mr. MCCAIN): resources needed to protect U.S. citizens. file on Facebook. Consequently, I am Recent events have demonstrated again S. 431. A bill to require convicted sex pleased to report that both MySpace what we all already know that the National offenders to register online identifiers, and Facebook endorse the KIDS Act. I Guard will continue to be needed at unprece- and for other purposes; to the Com- look forward to other commercial so- dented levels for missions impossible to con- mittee on the Judiciary. template. The National Guard will be part of Mr. MCCAIN. Mr. President, I am cial networking websites endorsing the the build up in Iraq to finally defeat ter- pleased to join my colleague, Senator bill and using the registry information rorist and sectarian elements which will re- SCHUMER, in sponsoring the ‘‘Keeping after the bill is signed into law. Addi- quire extraordinary sacrifices by families the Internet Devoid of Sexual-Preda- tionally, the bill is endorsed by the and employers. The National Guard con- tors Act of 2007,’’ otherwise known as American Family Association. We all tinues to assist in securing the nation’s know that engaged parents are the best southwest border. the KIDS Act. This bill would require a The National Guard Empowerment Act of convicted sex offender to register any deterrent against sexual predators 2007 is comprehensive and visionary. It ac- e-mail address, instant message ad- looking to prey on our children on the knowledges how the nature of warfare and dress or other similar Internet identi- Internet. Parents that monitor their national security has changed and offers bold fying information the sex offender uses children’s access to the Internet or are changes to reshape military leadership to or may use with the Department of meet new threats. Testimony from DoD’s present when the child or adolescent is highest leaders to the Commission on Na- Justice’s National Sex Offender Reg- on-line are able to better ensure their tional Guard and Reserve in December indi- istry. This information would then be children are not drawn into inappro- cates that no other plan is in work to made available to commercial social priate online conversations with sexual strengthen the voice of the National Guard networking websites for the purpose of predators. in the halls of the Pentagon. screening the website’s user database You can count on support from the Adju- to ensure convicted sex offenders are Last week I received an e-mail from tants General Association of the United not using the website to prey on inno- a police detective who investigates States in seeking critical changes that will cent children. Internet sex crimes in Ohio. The detec- assure a strong National Guard ready to tive gave his full endorsement for this serve this great nation domestically and The Internet is likely the greatest in- fighting terrorism. vention of the 21st century; however, it legislation stating, ‘‘What a great idea Sincerely, has also brought ready access to mil- . . . [Congress] continues to arm us ROGER P. LEMPKE, lions of children by would be with great legislation to help protect Major General, President. pedophiles. There are thousands of so- our nation’s children.’’ I agree and

VerDate Aug 31 2005 03:10 Jan 31, 2007 Jkt 059060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A30JA6.033 S30JAPT1 bajohnson on PROD1PC61 with SENATE January 30, 2007 CONGRESSIONAL RECORD — SENATE S1343 hope my colleagues will join with Sen- own future. It’s even eroding our ef- what the President’s surge fails to do: ator SCHUMER and me in supporting forts in the wider war on terror, as pressure the Iraqi government to reach this bill to give websites and law en- some of the extra soldiers could come a political settlement, protect our in- forcement this important tool in their directly from Afghanistan, where the terests in the region, and bring this fight to protect our children. Taliban has become resurgent. war to a responsible end. The course the President is pursuing That is why my legislation com- By Mr. OBAMA: fails to recognize the fundamental re- mences a phased redeployment of U.S. S. 433. A bill to state United States ality that the solution to the violence troops to begin on May 1, 2007 with a policy for Iraq, and for other purposes; in Iraq is political, not military. He goal of having all combat brigades out to the Committee on Foreign Rela- has offered no evidence that more U.S. of Iraq by March 31, 2008, a date that is tions. troops will be able to pressure Shiites, consistent with the expectation of the Mr. OBAMA. Mr. President, there are Sunnis, and Kurds towards the nec- Iraq Study Group. The legislation pro- countless reasons that the American essary political settlement, and he’s vides exceptions for force protection, people have lost confidence in the attached no conditions or consequences counterterrorism, and training of Iraqi President’s Iraq policy, but chief to his plan should the Iraqis fail to security forces. among them has been the Administra- make progress. To press the Iraqi government to act, tion’s insistence on making promises In fact, just a few weeks ago, when I this drawdown can be suspended for 90- and assurances about progress and vic- repeatedly asked Secretary Rice what day periods if the President certifies tory that have no basis whatsoever in would happen if the Iraqi government and the Congress agrees that the Iraqi the reality of the facts on the ground. failed to meet the benchmarks that the government is meeting specific bench- We have been told that we would be Administration has called for, she marks and the suspension is in the na- greeted as liberators. We have been could not give me an answer. When I tional security interests of the United promised that the insurgency was in asked her if there were any cir- States. These benchmarks include: its last throes. We have been assured cumstances whatsoever in which we Meeting security responsibilities. The again and again that we were making would tell the Iraqis that their failure Iraqi government must deploy brigades progress, that the Iraqis would soon to make progress would mean the end it promised to Baghdad, lift restric- tions on the operations of the U.S. stand up, that our brave sons and of our military commitment, she still military, and make significant daughters could soon stand down. We could not give me an answer. have been asked to wait, and asked to This is not good enough. When you progress toward assuming full responsi- be patient, and asked to give the Presi- ask how many more months and how bility for the security of Iraq’s prov- dent and the new Iraqi government six many more lives it will take to end a inces. Cracking down on sectarian vio- lence. The Iraqi government must more months, and then six more policy that everyone knows has failed, make significant progress toward re- months after that, and then six more ‘‘I don’t know’’ isn’t good enough. months after that. Over the past four years, we have ducing the size and influence of sec- Despite all of this, a change of course given this Administration chance after tarian militias, and the presence of mi- still seemed possible. Back in Novem- chance to get this right, and they have litia elements within the Iraqi Secu- rity Forces. Advancing national rec- ber, the American people had voted for disappointed us so many times. That is onciliation. The Iraqi government a new direction in Iraq. Secretary why Congress now has the duty to pre- must pass legislation to share oil reve- Rumsfeld was on his way out at the vent even more mistakes. Today, I am nues equitably; revise de- Pentagon. The Iraq Study Group was introducing legislation that rejects Baathification to enable more Iraqis to poised to offer a bipartisan consensus. this policy of escalation, and imple- return to government service; hold pro- The President was conducting his own ments a comprehensive approach that visional elections by the end of the review. After years of missteps and will promote stability in Iraq, protect year; and amend the Constitution in a mistakes, it was time for a responsible our interests in the region, and bring manner that sustains reconciliation. policy grounded in reality, not ide- this war to a responsible end. Making economic progress. The Iraqi ology. My legislation essentially puts into government must make available at Instead, the President ignored the law the speech I gave in November, least $10,000,000,000 for reconstruction, counsel of expert civilians and experi- 2006, and is, I believe, the best strategy job creation, and economic develop- enced soldiers, the hard-won consensus for going forward. ment as it has promised to do. The al- of prominent Republicans and Demo- The bill implements—with the force location of these resources, the provi- crats, and the clear will of the Amer- of law—a responsible redeployment of sion of services, and the administration ican people. our forces out of Iraq, not a precipitous of Iraqi Ministries must not proceed on The President’s decision to move for- withdrawal. It implements key rec- a sectarian basis. ward with this escalation anyway, de- ommendations of the bipartisan Iraq These benchmarks reflect actions spite all evidence and military advice Study Group. It applies real leverage proposed by the President and prom- to the contrary, is the terrible con- on the Iraqis to reach the political so- ised by the Iraqi government. It is time sequence of the decision to give him lution necessary to end the sectarian to hold them accountable. the broad, open-ended authority to violence that is tearing Iraq apart. It Recognizing that the President has wage this war in 2002. Over four years holds the Iraqi government account- not been straightforward with the later, we cannot revisit that decision able, making continued U.S. support American people about the war in Iraq, or reverse its outcome, but we can do conditional on concrete Iraqi progress. my legislation allows the Congress— what we didn’t back then and refuse to It respects the role of military com- under expedited procedures—to over- give this President more open-ended manders, while fulfilling Congress’s re- rule a Presidential certification and authority for this war. sponsibility to uphold the Constitution continue the redeployment. The U.S. military has performed val- and heed the will of the American peo- Time and again, we have seen dead- iantly and brilliantly in Iraq. Our ple. lines for Iraqi actions come and go— troops have done all we have asked First, this legislation caps the num- with no consequences. Time and again them to do and more. But no quantity ber of U.S. troops in Iraq at the num- we have heard pledges of progress from of American soldiers can solve the po- ber in Iraq on January 10, 2007—the day the administration—followed by a de- litical differences at the heart of some- the President gave his ‘‘surge speech’’ scent into chaos. The commitment of body else’s civil war, nor settle the to the nation. This cap could not be U.S. troops to Iraq represents our best grievances in the hearts of the combat- lifted without explicit authorization by leverage to press the Iraqis to act. And ants. the Congress. the further commitment of U.S. eco- I cannot in good conscience support Yet our responsibilities to the Amer- nomic assistance to the Government of this escalation. As the President’s own ican people and to our servicemen and Iraq must be conditional on Iraqi ac- military commanders have said, esca- women go beyond opposing this ill-con- tion. lation only prevents the Iraqis from ceived escalation. We must fashion a As the U.S. drawdown proceeds, my taking more responsibility for their comprehensive strategy to accomplish legislation outlines how U.S. troops

VerDate Aug 31 2005 02:16 Jan 31, 2007 Jkt 059060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G30JA6.026 S30JAPT1 bajohnson on PROD1PC61 with SENATE S1344 CONGRESSIONAL RECORD — SENATE January 30, 2007 should be redeployed back to the many billions have been spent for us to percent of poverty that were part of United States and to other points in trust the President on another tried our State’s expansions prior,to the en- the region. In the region, we need to and failed policy opposed by generals actment of CHIP. That language was maintain a substantial over-the-hori- and experts, Democrats and Repub- maintained in conference and included zon force to prevent the conflict in Iraq licans, Americans and even the Iraqis in H.R. 2854 that was signed by the from becoming a wider war, to reassure themselves. It is time to change our President as Public Law 108–74. Unfor- our allies, and to protect our interests. policy. It is time to give Iraqis their tunately, a slight change was made in And we should redeploy forces to Af- country back. And it is time to refocus the conference language that excluded ghanistan, so we not just echo—but an- America’s efforts on the wider struggle New Mexico and Hawaii, Maryland, and swer—NATO’s call for more troops in against terror yet to be won. Rhode Island needed specific changes this critical fight against terrorism. so an additional bill was passed, H.R. Within Iraq, we may need to main- By Mr. BINGAMAN (for himself, 3288, and signed into law as Public Law tain a residual troop presence to pro- Mr. DOMENICI, Mr. REED, Ms. 108–107, on November 17, 2003. This sec- tect U.S. personnel and facilities, go CANTWELL, Mr. LIEBERMAN, Mr. ond bill included language from legisla- after international terrorists, and con- LEAHY, Mr. COLEMAN, and Mr. tion that I introduced with Senator tinue training efforts. My legislation INOUYE): DOMENICI, S. 1547, to address the prob- allows for these critical but narrow ex- S. 434. A bill to amend title XXI of lem caused to New Mexico by the con- ceptions as the redeployment proceeds the Social Security Act to permit ference committee’s change. Unfortu- and is ultimately completed. qualifying States to use a portion of nately, one major problem with the My legislation makes it U.S. policy their allotments under the State chil- compromise was that it must be peri- to undertake a comprehensive diplo- dren’s health insurance program for odically reauthorized. Most recently, matic strategy to promote a political any fiscal year for certain Medicaid ex- this authority was renewed through solution within Iraq, and to prevent penditures; to the Committee on Fi- Fiscal Year 2007 in Section 201(b) of the wider regional strife. This diplomatic nance. National Institutes of Health Reform effort must include our friends in the Mr. BINGAMAN. Mr. President, since Act of 2006, Pub. L. No 109–482. Without region, but it should also include Syria the passage of the Children’s Health In- future authority, the inequity would and Iran, who need to be part of the surance Program, or CHIP, in 1997, a continue with CHIP allotments. conversation about stabilizing Iraq. group of States that expanded coverage This legislation would address that Not talking is getting us nowhere. Not to children in Medicaid prior to the en- problem and ensure that all future al- talking is not making us more secure, actment of CHIP has been unfairly pe- lotments give these 11 States the flexi- nor is it weakening our adversaries. nalized for that expansion. States are bility to use up to 20 percent of our The President should appoint a spe- not allowed to use the enhanced CHIP allotments to pay for health care cial envoy with responsibility to imple- matching rate available to other services of children. In order to bring ment this regional engagement. And as States for children at similar levels of these requirements in-line with those we go forward, we must make it clear poverty under the act. As a result, a of other states, it also would lower the that redeployment does not mean dis- child in the States of New York, Flor- threshold at which New Mexico and engagement from the region. On the ida, and Pennsylvania, because they other effected states could utilize the contrary, it is time for a more com- were grandfathered in the original act funds from 150 percent of the Federal prehensive engagement that skillfully or in Iowa, Montana, or a number of poverty level to 125 percent. uses all tools of American power. other States at 134 percent of poverty This rather technical issue has real Finally, my legislation compels the is eligible for an enhanced matching and negative consequences in States President to formulate a strategy to rate in CHIP but that has not been the such as New Mexico. In fact, due to the prevent the war in Iraq from becoming case for States such as New Mexico, CHIP inequity, New Mexico has been a wider conflagration. Vermont, Washington, Rhode Island, allocated $266 million from CHIP be- Let me conclude by saying that there Hawaii, and a number of others, includ- tween fiscal years 1998 and 2002, and are no good options in Iraq. We cannot ing Connecticut, Tennessee, Minnesota, yet, has only been able to spend slight- undo the mistake of that congressional New Hampshire, Wisconsin, and Mary- ly over $26 million as of the end of last authorization, or the tragedies of the land. fiscal year. In other words, New Mexico last four years. As the health policy statement by has been allowed to spend less than 10 Just as I have been constant in my the National Governors’ Association percent of its federal CHIP allocations. strong opposition to this war, I have reads, ‘‘The Governors believe that it is This legislation would correct this consistently believed that opposition critical that innovative states not be problem. must be responsible. As reckless as we penalized for having expanded coverage The bill does not take money from were in getting into Iraq, we have to be to children before the enactment of S– other States’s CHIP allotments. It sim- as careful getting out. We have signifi- CHIP, which provides enhanced funding ply allows our States to spend our cant strategic interests in Iraq and the to meet these goals. To this end, the States’ specific CHIP allotments from region. We have a humanitarian re- Governors support providing additional the Federal Government on our unin- sponsibility to help the Iraqi people. funding flexibility to states that had sured children—just as other States Above all, we have an obligation to already significantly expanded cov- across the country are doing. support our courageous men and erage of the majority of uninsured chil- I ask unanimous consent that the women in uniform—and their families dren in their states.’’ text of the bill be printed in the back home—who have sacrificed be- For 6 years, our group of States have RECORD. yond measure. sought to have this inequity addressed. There being no objection, the text of It is my firm belief that the respon- Early in 2003, I introduced the ‘‘Chil- the bill was ordered to be printed in sible course of action—for the United dren’s Health Equity of 2003’’ with Sen- the RECORD, as follows: States, for Iraq, and for our troops—is ators JEFFORDS, MURRAY, LEAHY, and S. 434 to oppose this reckless escalation and Ms. CANTWELL and we worked success- Be it enacted by the Senate and House of Rep- to pursue a new policy. This policy is fully to get a compromise worked out resentatives of the United States of America in consistent with what I have advocated for inclusion in S. 312 by Senators Congress assembled, for well over a year, with many of the ROCKEFELLER, and CHAFEE. This com- SECTION 1. SHORT TITLE. recommendations of the bipartisan promise extended expiring CHIP allot- This Act may be cited as the ‘‘Children’s Iraq Study Group, and with what the ments only for fiscal years 1998 Health Equity Technical Amendments Act of American people demanded in Novem- through 2001 in order to meet budg- 2007’’. ber. etary caps. SEC. 2. AUTHORITY FOR QUALIFYING STATES TO When it comes to the war in Iraq, the The compromise allowed States to be USE PORTION OF SCHIP ALLOTMENT FOR ANY FISCAL YEAR FOR CERTAIN time for promises and assurances, for able to use up to 20 percent of our MEDICAID EXPENDITURES. waiting and patience, is over. Too State’s CHIP allotments to pay for (a) IN GENERAL.—Section 2105(g)(1)(A) of many lives have been lost and too Medicaid eligible children about 150 the Social Security Act (42 U.S.C.

VerDate Aug 31 2005 02:16 Jan 31, 2007 Jkt 059060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A30JA6.030 S30JAPT1 bajohnson on PROD1PC61 with SENATE January 30, 2007 CONGRESSIONAL RECORD — SENATE S1345 1397ee(g)(1)(A)), as amended by section 201(b) All across America, small commu- see the end of all commercial air serv- of the National Institutes of Health Reform nities face ever-increasing hurdles to ice in rural areas. The EAS program Act of 2006 (Public Law 109–482) is amended promoting their economic growth and provides vital resources that help link by striking ‘‘fiscal year 1998, 1999, 2000, 2001, development. Today, many rural areas rural communities to the national and 2004, 2005, 2006, or 2007’’ and inserting ‘‘a fis- cal year’’. lack access to interstate or even four- global aviation system. Our bill will (b) MODIFICATION OF ALLOWABLE EXPENDI- lane highways, railroads or broadband preserve the essential air service pro- TURES.—Section 2105(g)(1)(B)(ii) of such Act telecommunications. Business develop- gram and help ensure that affordable, (42 U.S.C. 1397ee(g)(1)(B)(ii)) is amended by ment in rural areas frequently hinges reliable, and safe air service remains striking ‘‘150’’ and inserting ‘‘125’’. on the availability of scheduled air available in rural America. Congress is (c) EFFECTIVE DATE.—The amendments service. For small communities, com- already on record opposing any manda- made by this section shall take effect on Oc- tober 1, 2007, and shall apply to expenditures mercial air service provides a critical tory cost sharing. I hope all senators made on or after that date. link to the national and international will once again join us in opposing this transportation system. attack on rural America. By Mr. BINGAMAN (for himself, The Essential Air Service Program I ask unanimous consent that the Ms. SNOWE, Mr. DORGAN, Mr. currently ensures commercial air serv- text of the bill be printed in the ENZI, Ms. COLLINS, Mr. HAGEL, ice to over 100 communities in thirty- RECORD. Mr. HARKIN, Mr. SCHUMER, Mr. five States. EAS supports an additional Ms. SNOWE. Mr. President, I rise LEAHY, Mr. LEVIN, Mr. SPECTER, 39 communities in Alaska. Because of today to join my colleague, Senator Mr. NELSON of Nebraska, and increasing costs and the continuing fi- BINGAMAN, to introduce the bipartisan Mr. SANDERS): nancial turndown in the aviation in- Essential Air Service Preservation Act. S. 435. A bill to amend title 49, dustry, particularly among commuter I am proud to join with Senator BINGA- United States Code, to preserve the es- airlines, about 40 additional commu- MAN, who has been a steadfast and reso- sential air service program; to the nities have been forced into the EAS lute guardian of commercial aviation Committee on Commerce, Science, and program since the terrorist attacks in service to all communities, particu- Transportation. 2001. larly rural areas that would otherwise Mr. BINGAMAN. Mr. President, I rise In my State of New Mexico, five cit- be deprived of any air service. today with 12 other senators to intro- ies currently rely on EAS for their I have always believed that reliable duce the bipartisan Essential Air Serv- commercial air service. The commu- air service in our Nation’s rural areas ice Preservation Act of 2007. I am nities are Clovis, Hobbs, Carlsbad, is not simply a luxury or a conven- pleased again to have my colleague Alamogordo and my hometown of Sil- ience. It is an imperative. It is a crit- Senator SNOWE as the principal cospon- ver City. In each case commercial serv- ical element of economic development, sor of the bill. Senator SNOWE has been ice is provided to Albuquerque, the vital to move people and goods to and a long-time champion of commercial State’s business center and largest from areas that may otherwise have air service in rural areas, and I appre- city. dramatically limited transportation ciate her continued leadership on this I believe this ill-conceived proposal options. Quite frankly, I have long held important legislation. Senators DOR- requiring cities to pay to continue to serious concerns about the impact de- GAN, ENZI, COLLINS, HAGEL, HARKIN, have commercial air service could not regulation of the airline industry has SCHUMER, LEAHY, LEVIN, SPECTER, BEN come at a worse time for small commu- had on small- and medium-size cities in NELSON, and SANDERS are also cospon- nities already facing depressed econo- rural areas, like Maine. That fact is, sors of the bill. mies and declining tax revenues. since deregulation, many small- and Congress established the Essential As I understand it, the mandatory medium-size communities, in Maine Air Service Program in 1978 to ensure cost-sharing requirements could affect and elsewhere, have experienced a de- that communities that had commercial communities in as many as 22 states. crease in flights and size of aircraft air service before airline deregulation These communities could be forced to while seeing an increase in fares. More would continue to receive scheduled pay as much s $130,000 per year to than 300 have lost air service alto- service. Without EAS, many rural com- maintain their current air service. gether. munities would have no commercial air Based on an analysis by my staff, the This legislation will strike a detri- service at all. individual cities that could be affected mental provision in the 2003 Federal Our bill is very simple. It preserves are as follows: Aviation Reauthorization. This provi- Congress’ intent in the Essential Air Alabama, Muscle Shoals; Arizona, Pres- sion, which would require communities Service program by repealing a provi- cott, Kingman; Arkansas, Hot Springs, Har- to actually pay to continue to partici- sion in the 2003 FAA reauthorization rison, Jonesboro; California, Merced, Visalia; pate in a program that already ac- bill that would for the first time re- Colorado, Pueblo; Georgia, Athens; Iowa, knowledges their economic hardship, is quire communities to pay for their Fort Dodge, Burlington; Kansas, Salina; patently unfair. Ignoring the promise commercial air service. The legislation Kentucky, Owensboro; Maine, Augusta, of the EAS, to protect these commu- that imposed mandatory cost sharing Rockland; Maryland, Hagerstown; Michigan, nities after deregulating the airlines in on communities to retain their com- Iron Mt.; Mississippi, Laurel; Missouri, Jop- 1978, is not an option. Our colleagues lin, Ft. Leonard Wood; New Hampshire, Leb- mercial air service had been stricken anon; New Mexico, Hobbs, Alamogordo, Clo- have clearly greed with our position, as from both the House and Senate vis; New York, Watertown, Jamestown, this provision has been struck down in versions of the FAA reauthorization Plattsburgh; Pennsylvania, Johnstown, Oil every appropriations bill since the pas- bill, but was reinserted by conferees. I City, Bradford, Altoona, Lancaster; South sage of the 2003 reauthorization. Our believe that any program that forces Dakota, Brookings, Watertown; Tennessee, bill would make this prohibition per- communities to pay to continue to re- Jackson; Vermont, Rutland; West Virginia, manent. ceive their commercial air service Clarksburg/Fairmont, Morgantown. EAS-eligible communities typically could well be the first step in the total This year the Senate Commerce have financial problems of their own elimination of scheduled air service for Committee and its Aviation Sub- and rely heavily on the program for many rural communities. committee will be taking up the reau- economic development purposes. It is In response, every year since manda- thorization of aviation programs. I obvious to me, Senator BINGAMAN, and tory cost sharing was enacted Congress look forward to working with my col- many of my colleagues, that if the 2003 has blocked it from being imple- leagues Chairmen INOUYE and ROCKE- proposal were enacted, it would mean mented. Since 2003, a bipartisan group FELLER and Ranking Members STEVENS the end of EAS service in dozens of cit- of senators have included language in and LOTT to improve commercial air ies and towns across the country. In each of the Department of Transpor- service programs for rural areas. I do Maine, which has four participants in tation’s appropriations acts that bars believe our bill is one important step in the integral EAS program, we would the use of funds to implement the man- that process. suffer the possible loss of half of our datory cost sharing program. Our bill As I see it, the choice here is clear: If EAS airports. In a small, rural State would simply make Congress’ ongoing we do not preserve the Essential Air like Maine, such a reduction would be ban permanent. Service Program today, we could soon disastrous to our economy. That is why

VerDate Aug 31 2005 03:10 Jan 31, 2007 Jkt 059060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A30JA6.027 S30JAPT1 bajohnson on PROD1PC61 with SENATE S1346 CONGRESSIONAL RECORD — SENATE January 30, 2007 I feel compelled to reintroduce this leg- It is unfortunate that the matching have emerged earlier in the election islation. funds system for the primaries has be- year over the life of the public financ- In closing, the truth is, everyone ben- come less practicable. The system pro- ing system. This has led to some nomi- efits when our Nation is at its strong- tects the integrity of the electoral nees being essentially out of money be- est economically. Most importantly in process by allowing candidates to run tween the time that they nail down the this case, greater prosperity every- viable campaigns without becoming nomination and the convention where where, including in rural America, will, overly dependent on private donors. they are formally nominated and be- in the long run, mean more passengers The system has worked well in the come eligible for the general election for the airlines. Therefore, it is very past, and it is worth repairing so that grant. For a few cycles, soft money much in our national interests to en- it can work in the future. If we don’t raised by the parties filled in that gap, sure that every region has reasonable repair it, the pressures on candidates but the Bipartisan Campaign Reform access to air service. And that’s why I to opt out will increase until the sys- Act of 2002 fortunately has now closed strongly believe the Federal Govern- tem collapses from disuse. that loophole. This bill allows can- ment has an obligation to fulfill the This bill makes changes to both the didates who are still in the primary commitment it made to these commu- primary and general election public fi- race as of April 1 to spend an addi- nities in 1978 to safeguard their ability nancing system to address the weak- tional $50 million. In addition, the bill to continue commercial air service. nesses and problems that have been allows the political parties to spend up There being no objection, the text of identified by participants in the sys- to $25 million between April 1 and the the bill was ordered to be printed in tem, experts on the presidential elec- date that a candidate is nominated and the RECORD, as follows: tion financing process, and an elec- an additional $25 million after the S. 435 torate that is increasingly dismayed by nomination. The total amount of $50 Be it enacted by the Senate and House of Rep- the influence of money in politics. million is over three times the amount resentatives of the United States of America in First and most important, it elimi- allowed under current law. This should Congress assembled, nates the State-by-State spending lim- allow any gap to be more than ade- SECTION 1. SHORT TITLE. its in the current law and substantially quately filled. This Act may be cited as the ‘‘Essential increases the overall spending limit Obviously, these changes make this a Air Service Preservation Act of 2007’’. from the current limit of approxi- more generous system. So the bill also SEC. 2. REPEAL OF EAS LOCAL PARTICIPATION PROGRAM. mately $45 million to $150 million, of makes the requirement for qualifying (a) IN GENERAL.—Subchapter II of chapter which up to $100 million can be spent more difficult. To be eligible for 417 of title 49, United States Code, is amend- before April 1 of the election year. This matching funds, a candidate must raise ed by striking section 41747, and such title should make the system much more $25,000 in matchable contributions—up shall be applied as if such section 41747 had viable for serious candidates facing op- to $200 for each donor—in at least 20 not been enacted. ponents who are capable of raising sig- States. That is five times the threshold (b) CLERICAL AMENDMENT.—The chapter nificant sums outside the system. The under current law. analysis at the beginning of such chapter is The bill also makes a number of amended by striking the item relating to bill also makes available substantially section 41747. more public money for participating changes in the system to reflect the candidates by increasing the match of changes in our presidential races over By Mr. FEINGOLD: small contributions from 1:1 to 4:1. the past several decades. For one thing, S. 436. A bill to amend the Internal One very important provision of this it makes matching funds available Revenue Code of 1986 to reform the sys- bill ties the primary and general elec- starting six months before the date of tem of public financing for Presidential tion systems together and requires the first primary or caucus, that’s ap- elections, and for other purposes; to candidates to make a single decision proximately 6 months earlier than is the Committee on Finance. on whether to participate. Candidates currently the case. For another, it sets Mr. FEINGOLD. Mr. President, today who opt out of the primary system and a single date for release of the public I will introduce a bill to repair and decide to rely solely on private money grants for the general election—the strengthen the presidential public fi- cannot return to the system for the Friday before Labor Day. This address- nancing system. The Presidential general election. And candidates must es an inequity in the current system, Funding Act of 2007 will ensure that commit to participate in the system in under which the general election this system will continue to fulfill its the general election if they want to re- grants are released after each nomi- promise in the 21st century. The bill ceive Federal matching funds in the nating convention, which can be sev- will take effect in January 2009, so it primaries. The bill also increases the eral weeks apart. will first apply in the 2012 presidential spending limits for participating can- The bill also prohibits federal elected election. didates in the primaries who face a officials and candidates from soliciting The presidential public financing sys- nonparticipating opponent if that op- soft money for use in funding the party tem was put into place in the wake of ponent raises more than 20 percent and requires presidential candidates to the Watergate scandals as part of the more than the spending limit. This pro- disclose bundled contributions. Addi- Federal Election Campaign Act of 1974. vides some protection against being far tional provisions, and those I have dis- It was held to be constitutional by the outspent by a nonparticipating oppo- cussed in summary form here, are ex- Supreme Court in Buckley v. Valeo. nent. Additional grants of public plained in a section-by-section analysis The system, of course, is voluntary, as money are also available to partici- of the bill that I ask unanimous con- the Supreme Court required in Buck- pating candidates who face a non- sent to be printed in the RECORD, fol- ley. Every major party nominee for participating candidate spending sub- lowing my statement. I will also ask President since 1976 has participated in stantially more than the spending unanimous consent that the text of the the system for the general election limit. bill itself be printed in the RECORD. and, prior to 2000, every major party The bill also sets the general election The purpose of this bill is to improve nominee had participated in the sys- spending limit at $100 million, indexed the campaign finance system, not to tem for the primary election, too. In for inflation. And if a general election advance one party’s interests. In fact, the last election, President Bush and candidate does not participate in the this is an excellent time to make two Democratic candidates, Howard system and spends more than 20 per- changes in the Presidential public Dean and the eventual nominee JOHN cent more than the combined primary funding system. The 2008 presidential KERRY, opted out of the system for the and general election spending limits, a campaign, which is already underway, presidential primaries. President Bush participating candidate will receive a will undoubtedly be the most expensive and Senator KERRY elected to take the grant equal to twice the general elec- in history. It is likely that a number of taxpayer-funded grant in the general tion spending limit. candidates from both parties will once election. President Bush also opted out This bill also addresses what some again opt out of the primary matching of the system for the Republican pri- have called the ‘‘gap’’ between the pri- funds system, and some experts predict maries in 2000 but took the general mary and general election seasons. that one or both major party nominees election grant. Presumptive presidential nominees will even refuse public grants for the

VerDate Aug 31 2005 03:10 Jan 31, 2007 Jkt 059060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A30JA6.031 S30JAPT1 bajohnson on PROD1PC61 with SENATE January 30, 2007 CONGRESSIONAL RECORD — SENATE S1347 general election period. It is too late to tion if nominated and to not exceed the gen- spends more than 120 percent of the in- make the changes needed to repair the eral election spending limits. creased limit. Thus, the maximum spending system for the 2008 election. But if we (c) Timing of payments: Current law limit in the primary would be $250 million if act now, we can make sure that an up- makes matching funds available on January an opposing candidate has spent more than 1 of a presidential election year. The bill $240 million. dated and revised system is in place for makes such funds available six months prior (b) General election candidates: When a the 2012 election. If we act now, I am to the first state caucus or primary. participating candidate is opposed in a gen- certain that the 2008 campaign cycle SECTION 3: REQUIRING PARTICIPATION IN PRI- eral election by a nonparticipating candidate will confirm our foresight. If we do MARY PAYMENT SYSTEM AS CONDITION OF who spends more than 120 percent of the nothing, 2008 will continue and accel- ELIGIBILITY FOR GENERAL ELECTIONS PAY- combined primary and general election erate the slide of the current system MENTS spending limits, the participating candidate shall receive an additional grant of public into irrelevancy. Currently, candidates can participate in ei- money equal to the amount provided for that Fixing the presidential public financ- ther the primary or the general election pub- election—$100 million in 2008. Minor party lic financing system, or both. Under the bill, ing system will cost money, but our candidates are also eligible for an additional a candidate must participate in the primary best calculations at the present time grant equal to the amount they otherwise re- matching system in order to be eligible to indicate that the changes to the sys- ceive (which is based on the performance of receive public funds in the general election. tem in this bill can be paid for by rais- that party in the previous presidential elec- ing the income tax check-off on an in- SECTION 4: REVISIONS TO EXPENDITURE LIMITS tion). dividual return from $3 to just $10. The (a) Spending limits for candidates: In 2004, (c) Reporting and Certification: In order to total cost of the changes to the system, under current law, candidates participating provide for timely determination of a par- in the public funding system had to abide by based on data from the 2004 elections, ticipating candidate’s eligibility for in- a primary election spending limit of about creased spending limits, matching funds, is projected to be around $360 million $45 million and a general election spending and/or general election grants, non-partici- over the 4-year election cycle. To offset limit of about $75 million (all of which was pating candidates must notify the FEC with- that increased cost, this bill caps tax- public money). The bill sets a total primary in 24 hours after receiving contributions or payer subsidies for promotion of agri- spending ceiling for participating candidates making expenditures of greater than the ap- cultural products, including some in 2008 of $150 million, of which only $100 mil- plicable 120 percent threshold. Within 24 brand-name goods, by limiting the lion can be spent before April 1. State by hours of receiving such a notice, the FEC Market Access Program to $100 million state spending limits are eliminated. The will inform candidates participating in the general election limit, which the major per year. system of their increased expenditure limits party candidates will receive in public funds, and will certify to the Secretary of the Though the numbers are large, this is will be $100 million. Treasury that participating candidates are actually a very small investment to (b) Spending limit for parties: Current law eligible to receive additional payments. make to protect our democracy and provides a single coordinated spending limit SECTION 6: ESTABLISHMENT OF UNIFORM DATE preserve the integrity of our presi- for national party committees based on pop- FOR RELEASE OF PAYMENTS FROM PRESI- dential elections. The American people ulation. In 2004 that limit was about $15 mil- DENTIAL ELECTIONS CAMPAIGN FUNDS TO ELI- do not want to see a return to the pre- lion. The bill provides two limits of $25 mil- GIBLE CANDIDATES lion. The first applies after April 1 until a Watergate days of unlimited spending Under current law, candidates partici- candidate is nominated. The second limit pating in the system for the general election on presidential elections and can- kicks in after the nomination. Any part of receive their grants of public money imme- didates entirely beholden to private do- the limit not spent before the nomination diately after receiving the nomination of nors. We must act now to ensure the can be spent after. In addition, the party co- their party, meaning that the two major par- fairness of our elections and the con- ordinated spending limit is eliminated en- ties receive their grants on different dates. tirely until the general election public funds fidence of our citizens in the process by Under the bill, all candidates eligible to re- are released if there is an active candidate repairing the cornerstone of the Water- ceive public money in the general election from the opposing party who has exceeded gate reforms. would receive that money on the Friday be- the primary spending limits by more than 20 There being no objection, the mate- fore Labor Day, unless a candidate’s formal percent. nomination occurs later. rial was ordered to be printed in the This will allow the party to support the RECORD, as follows: presumptive nominee during the so-called SECTION 7: REVISIONS TO DESIGNATION OF IN- PRESIDENTIAL FUNDING ACT OF 2006—SECTION ‘‘gap’’ between the end of the primaries and COME TAX PAYMENTS BY INDIVIDUAL TAX- BY SECTION ANALYSIS the conventions. The entire cost of a coordi- PAYERS SECTION 1: SHORT TITLE nated party communication is subject to the The tax check-off is increased from $3 (in- SECTION 2: REVISIONS TO SYSTEM OF limit if any portion of that communication dividual) and $6 (couple) to $10 and $20. The PRESIDENTIAL PRIMARY MATCHING PAYMENTS has to do with the presidential election. amount will be adjusted for inflation, and (c) Inflation adjustment: Party and can- rounded to the nearest dollar, beginning in (a) Matching Funds: Current law provides didate spending limits will be indexed for in- 2009. for a 1-to-1 match, where up to $250 of each flation, with 2008 as the base year. The IRS shall require by regulation that individual’s contributions for the primaries (d) Fundraising expenses: Under the bill, electronic tax preparation software does not is matched with $250 in public funds. Under all the costs of fundraising by candidates are automatically accept or decline the tax the new matching system, individual con- subject to their spending limits. checkoff. The FEC is required to inform and tributions of up to $200 from each individual educate the public about the purpose of the will be matched at a 4–to-l ratio, so $200 in SECTION 5: ADDITIONAL PAYMENTS AND IN- Presidential Election Campaign Fund individual contributions can be matched CREASED EXPENDITURES LIMITS FOR CAN- (‘‘PECF’’) and how to make a contribution. with $800 from public funds. DIDATES PARTICIPATING IN PUBLIC FINANCING Funding for this program of up to $10 million Candidates who remain in the primary race WHO FACE CERTAIN NONPARTICIPATING OPPO- in a four year presidential election cycle, can also receive an additional 1-to-1 match NENTS will come from the PECF. of up to $200 of contributions received after (a) Primary candidates: When a partici- March 31 of a presidential election year. This pating candidate is opposed in a primary by SECTION 8: AMOUNTS IN PRESIDENTIAL ELECTION additional match applies both to an initial a nonparticipating candidate who spends CAMPAIGN FUND contribution made after March 31 and to con- more than 120 percent of the primary spend- Under current law, in January of an elec- tributions from individuals who already gave ing limit ($100 million prior to April 1 and tion year if the Treasury Department deter- $200 or more prior to April 1. $150 million after April 1), the participating mines that there are insufficient funds in the The bill defines ‘‘contribution’’ as ‘‘a gift candidate will receive a 5-to–1 match, in- PECF to make the required payments to par- of money made by a written instrument stead of a 4–to–1 match for contributions of ticipating primary candidates, the party which identifies the person making the con- less than $200 per donor. That additional conventions, and the general election can- tribution by full name and mailing address.’’ match applies to all contributions received didates, it must reduce the payments avail- (b) Eligibility for matching funds: Current by the participating candidate both before able to participating primary candidates and law requires candidates to raise $5,000 in and after the nonparticipating candidate it cannot make up the shortfall from any matchable contributions (currently $250 or crosses the 120 percent threshold. In addi- other source until those funds come in. less) in 20 states. To be eligible for matching tion, the participating candidate’s primary Under the bill, in making that determination funds under this bill, a candidate must raise spending limit is raised by $50 million when the Department can include an estimate of $25,000 of matchable contributions (up to $200 a nonparticipating candidate raise spends the amount that will be received by the per individual donor) in at least 20 states. more than the 120 percent of either the $100 PECF during that election year, but the esti- In addition, to receive matching funds in million (before April 1) or $150 million (after mate cannot exceed the past three years’ av- the primary, candidates must pledge to April 1) limit. The limit is raised by another erage contribution to the fund. This will apply for public money in the general elec- $50 million if the nonparticipating candidate allow primary candidates to receive their

VerDate Aug 31 2005 03:10 Jan 31, 2007 Jkt 059060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G30JA6.028 S30JAPT1 bajohnson on PROD1PC61 with SENATE S1348 CONGRESSIONAL RECORD — SENATE January 30, 2007 full payments as long as a reasonable esti- Sec. 7. Revisions to designation of income calendar year in which a general election for mate of the funds that will come into the tax payments by individual tax- the office of President of the United States PECF that year will cover the general elec- payers. will be held’’ and inserting ‘‘the date that is tion candidate payments. The bill allows the Sec. 8. Amounts in Presidential Election 6 months prior to the date of the earliest Secretary of the Treasury to borrow the Campaign Fund. State primary election’’. funds necessary to carry out the purposes of Sec. 9. Repeal of priority in use of funds for SEC. 3. REQUIRING PARTICIPATION IN PRIMARY the fund during the first campaign cycle in political conventions. PAYMENT SYSTEM AS CONDITION OF which the bill is in effect. Sec. 10. Regulation of convention financing. ELIGIBILITY FOR GENERAL ELEC- Sec. 11. Disclosure of bundled contributions. TION PAYMENTS. SECTION 9: REPEAL OF PRIORITY IN USE OF Sec. 12. Offset. (a) MAJOR PARTY CANDIDATES.—Section FUNDS FOR POLITICAL CONVENTIONS Sec. 13. Effective date. 9003(b) of the Internal Revenue Code of 1986 Current law gives the political parties pri- SEC. 2. REVISIONS TO SYSTEM OF PRESIDENTIAL is amended— ority on receiving the funds they are entitled PRIMARY MATCHING PAYMENTS. (1) by redesignating paragraphs (1) and (2) to from the PECF. This means that parties (a) INCREASE IN MATCHING PAYMENTS.— as paragraphs (2) and (3); and get money for their conventions even if ade- (1) IN GENERAL.—Section 9034(a) of the In- (2) by inserting before paragraph (2) (as so quate funds are not available for partici- ternal Revenue Code of 1986 is amended— redesignated) the following new paragraph: pating candidates. This section would make (A) by striking ‘‘an amount equal to the ‘‘(1) the candidate received payments under funds available for the conventions only if amount’’ and inserting ‘‘an amount equal to chapter 96 for the campaign for nomina- all participating candidates have received 400 percent of the amount’’; and tion;’’. the funds to which they are entitled. (B) by striking ‘‘$250’’ and inserting ‘‘$200’’. (b) MINOR PARTY CANDIDATES.—Section SECTION 10: REGULATION OF CONVENTION (2) ADDITIONAL MATCHING PAYMENTS FOR 9003(c) of such Code is amended— FINANCING CANDIDATES AFTER MARCH 31 OF THE ELECTION (1) by redesignating paragraphs (1) and (2) Federal candidates and officeholders are YEAR.—Section 9034(b) of such Code is as paragraphs (2) and (3); and prohibited from raising or spending soft amended to read as follows: (2) by inserting before paragraph (2) (as so money in connection with a nominating con- ‘‘(b) ADDITIONAL PAYMENTS FOR CAN- redesignated) the following new paragraph: vention of any political party, including DIDATES AFTER MARCH 31 OF THE ELECTION ‘‘(1) the candidate received payments under funds for a host committee, civic committee, YEAR.—In addition to any payment under chapter 96 for the campaign for nomina- or municipality. subsection (a), an individual who is a can- tion;’’. SECTION 11: DISCLOSURE OF BUNDLED didate after March 31 of the calendar year in SEC. 4. REVISIONS TO EXPENDITURE LIMITS. CONTRIBUTIONS which the presidential election is held and (a) INCREASE IN EXPENDITURE LIMITS FOR who is eligible to receive payments under (a) Disclosure requirement: The authorized PARTICIPATING CANDIDATES; ELIMINATION OF section 9033 shall be entitled to payments committees of presidential candidate com- STATE-SPECIFIC LIMITS.— under section 9037 in an amount equal to the mittee must report the name, address, and (1) IN GENERAL.—Section 315(b)(1) of the amount of each contribution received by occupation of each person making a bundled Federal Election Campaign Act of 1971 (2 such individual after March 31 of the cal- contribution and the aggregate amount of U.S.C. 441a(b)(1)) is amended by striking endar year in which such presidential elec- bundled contributions made by that person. ‘‘may make expenditures in excess of’’ and (b) Definition of bundled contribution. A tion is held, disregarding any amount of con- all that follows and inserting ‘‘may make ex- bundled contribution is a series of contribu- tributions from any person to the extent penditures— tions totaling $10,000 or more that are (1) col- that the total of the amounts contributed by ‘‘(A) with respect to a campaign for nomi- lected by one person and transferred to the such person after such date exceeds $200.’’. nation for election to such office— candidate; or (2) delivered directly to the (3) CONFORMING AMENDMENTS.—Section 9034 ‘‘(i) in excess of $100,000,000 before April 1 candidate from the donor but include a writ- of such Code, as amended by paragraph (2), is of the calendar year in which the presi- ten or oral communication that the funds amended— dential election is held; and were ‘‘solicited, arranged, or directed’’ by (A) by striking the last sentence of sub- ‘‘(ii) in excess of $150,000,000 before the date someone other than the donor. This covers section (a); and described in section 9006(b) of the Internal the two most common bundling arrange- (B) by inserting after subsection (b) the Revenue Code of 1986; and ments where fundraisers get ‘‘credit’’ for col- following new subsection: ‘‘(B) with respect to a campaign for elec- ‘‘(c) CONTRIBUTION DEFINED.—For purposes lecting contributions for a candidate. tion to such office, in excess of $100,000,000.’’. of this section and section 9033(b), the term (2) CLERICAL CORRECTION.—Section SECTION 12: OFFSET ‘contribution’ means a gift of money made 9004(a)(1) of the Internal Revenue Code of This section provides an offset for the in- by a written instrument which identifies the 1986 is amended by striking ‘‘section creased cost of the presidential public fund- person making the contribution by full name 320(b)(1)(B) of the Federal Election Campaign ing system. It caps taxpayer subsidies for and mailing address, but does not include a Act of 1971’’ and inserting ‘‘section promotion of agricultural products, includ- subscription, loan, advance, or deposit of 315(b)(1)(B) of the Federal Election Campaign ing some brand-named goods, by limiting the money, or anything of value or anything de- Act of 1971’’. Market Access Program to $100 million per scribed in subparagraph (B), (C), or (D) of (b) INCREASE IN LIMIT ON COORDINATED year. section 9032(4).’’. PARTY EXPENDITURES.—Section 315(d)(2) of SECTION 13: EFFECTIVE DATE (b) ELIGIBILITY REQUIREMENTS.— the Federal Election Campaign Act of 1971 (2 Provides that the amendments will apply (1) AMOUNT OF AGGREGATE CONTRIBUTIONS U.S.C. 441a(d)(2)) is amended to read as fol- to presidential elections occurring after Jan- PER STATE.—Section 9033(b)(3) of such Code is lows: uary 1, 2009. amended by striking ‘‘$5,000’’ and inserting ‘‘(2)(A) The national committee of a polit- ‘‘$25,000’’. ical party may not make any expenditure in S. 436 (2) AMOUNT OF INDIVIDUAL CONTRIBUTIONS.— connection with the general election cam- Be it enacted by the Senate and House of Rep- Section 9033(b)(4) of such Code is amended by paign of any candidate for President of the resentatives of the United States of America in striking ‘‘$250’’ and inserting ‘‘$200’’. United States who is affiliated with such Congress assembled, (3) PARTICIPATION IN SYSTEM FOR PAYMENTS party which exceeds $25,000,000. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. FOR GENERAL ELECTION.—Section 9033(b) of ‘‘(B) Notwithstanding the limitation under (a) SHORT TITLE.—This Act may be cited as such Code is amended— subparagraph (A), during the period begin- the ‘‘Presidential Funding Act of 2007’’. (A) by striking ‘‘and’’ at the end of para- ning on April 1 of the year in which a presi- (b) TABLE OF CONTENTS.—The table of con- graph (3); dential election is held and ending on the tents of this Act is as follows: (B) by striking the period at the end of date described in section 9006(b) of the Inter- Sec. 1. Short title; table of contents. paragraph (4) and inserting ‘‘, and’’; and nal Revenue Code of 1986, the national com- Sec. 2. Revisions to system of Presidential (C) by adding at the end the following new mittee of a political party may make addi- primary matching payments. paragraph: tional expenditures in connection with the Sec. 3. Requiring participation in primary ‘‘(5) if the candidate is nominated by a po- general election campaign of a candidate for payment system as condition of litical party for election to the office of President of the United States who is affili- eligibility for general election President, the candidate will apply for and ated with such party in an amount not to ex- payments. accept payments with respect to the general ceed $25,000,000. Sec. 4. Revisions to expenditure limits. election for such office in accordance with ‘‘(C)(i) Notwithstanding subparagraph (B) Sec. 5. Additional payments and increased chapter 95, including the requirement that or the limitation under subparagraph (A), if expenditure limits for can- the candidate and the candidate’s authorized any nonparticipating primary candidate didates participating in public committees will not incur qualified cam- (within the meaning of subsection (b)(3)) af- financing who face certain non- paign expenses in excess of the aggregate filiated with the national committee of a po- participating opponents. payments to which they will be entitled litical party receives contributions or makes Sec. 6. Establishment of uniform date for re- under section 9004.’’. expenditures with respect to such can- lease of payments from Presi- (c) PERIOD OF AVAILABILITY OF PAY- didate’s campaign in an aggregate amount dential Election Campaign MENTS.—Section 9032(6) of such Code is greater than 120 percent of the expenditure Fund to eligible candidates. amended by striking ‘‘the beginning of the limitation in effect under subsection

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(b)(1)(A)(ii), then, during the period de- (d) REPEAL OF EXCLUSION OF FUNDRAISING Act of 1971 (2 U.S.C. 441a(b)) is amended by scribed in clause (ii), the national committee COSTS FROM TREATMENT AS EXPENDITURES.— adding at the end the following new para- of any other political party may make ex- Section 301(9)(B)(vi) of the Federal Election graph: penditures in connection with the general Campaign Act of 1971 (2 U.S.C. 431(9)(B)(vi)) ‘‘(3)(A) In the case of an eligible candidate, election campaign of a candidate for Presi- is amended by striking ‘‘in excess of an each of the limitations under clause (i) and dent of the United States who is affiliated amount equal to 20 percent of the expendi- (ii) of paragraph (1)(A) shall be increased— with such other party without limitation. ture limitation applicable to such candidate ‘‘(i) by $50,000,000, if any nonparticipating ‘‘(ii) The period described in this clause is under section 315(b)’’ and inserting the fol- primary candidate of the same political the period— lowing: ‘‘who is seeking nomination for elec- party as such candidate receives contribu- ‘‘(I) beginning on the later of April 1 of the tion or election to the office of President or tions or makes expenditures with respect to year in which a presidential election is held Vice President of the United States’’. the campaign in an aggregate amount great- or the date on which such nonparticipating SEC. 5. ADDITIONAL PAYMENTS AND INCREASED er than 120 percent of the expenditure limita- primary candidate first receives contribu- EXPENDITURE LIMITS FOR CAN- tion applicable to eligible candidates under tions or makes expenditures in the aggregate DIDATES PARTICIPATING IN PUBLIC clause (i) or (ii) of paragraph (1)(A) (before amount described in clause (i); and FINANCING WHO FACE CERTAIN the application of this clause), and NONPARTICIPATING OPPONENTS. ‘‘(II) ending on the earlier of the date such ‘‘(ii) by $100,000,000, if such nonpartici- (a) CANDIDATES IN PRIMARY ELECTIONS.— nonparticipating primary candidate ceases pating primary candidate receives contribu- (1) ADDITIONAL PAYMENTS.— to be a candidate for nomination to the of- tions or makes expenditures with respect to (A) IN GENERAL.—Section 9034 of the Inter- fice of President of the United States and is the campaign in an aggregate amount great- not a candidate for such office or the date nal Revenue Code of 1986, as amended by sec- tion 2, is amended by redesignating sub- er than 120 percent of the expenditure limita- described in section 9006(b) of the Internal tion applicable to eligible candidates under Revenue Code of 1986. section (c) as subsection (d) and by inserting after subsection (b) the following new sub- clause (i) or (ii) of paragraph (1)(A) after the ‘‘(iii) If the nonparticipating primary can- application of clause (i). didate described in clause (i) ceases to be a section: ‘‘(c) ADDITIONAL PAYMENTS FOR CAN- ‘‘(B) Each dollar amount under subpara- candidate for nomination to the office of graph (A) shall be considered a limitation President of the United States and is not a DIDATES FACING NONPARTICIPATING OPPO- NENTS.— under this subsection for purposes of sub- candidate for such office, clause (i) shall not section (c). apply and the limitations under subpara- ‘‘(1) IN GENERAL.—In addition to any pay- ments provided under subsections (a) and (b), ‘‘(C) In this paragraph, the term ‘eligible graphs (A) and (B) shall apply. It shall not be candidate’ means, with respect to any pe- considered to be a violation of this Act if the each candidate described in paragraph (2) shall be entitled to— riod, a candidate— application of the preceding sentence results ‘‘(i) who is eligible to receive payments in the national committee of a political ‘‘(A) a payment under section 9037 in an amount equal to the amount of each con- under section 9033 of the Internal Revenue party violating the limitations under sub- Code of 1986; paragraphs (A) and (B) solely by reason of tribution received by such candidate on or after the beginning of the calendar year pre- ‘‘(ii) who is opposed by a nonparticipating expenditures made by such national com- primary candidate; and mittee during the period in which clause (i) ceding the calendar year of the presidential election with respect to which such can- ‘‘(iii) with respect to whom the Commis- applied. sion has given notice under section ‘‘(D) For purposes of this paragraph— didate is seeking nomination and before the 304(i)(1)(B)(i). ‘‘(i) any expenditure made by or on behalf qualifying date, disregarding any amount of ‘‘(D) In this paragraph, the term ‘non- of a national committee of a political party contributions from any person to the extent participating primary candidate’ means, and in connection with a presidential elec- that the total of the amounts contributed by with respect to any eligible candidate, a can- tion shall be considered to be made in con- such person exceeds $200, and didate for nomination for election for the of- nection with the general election campaign ‘‘(B) payments under section 9037 in an fice of President who is not eligible under of a candidate for President of the United amount equal to the amount of each con- section 9033 of the Internal Revenue Code of States who is affiliated with such party; and tribution received by such candidate on or 1986 to receive payments from the Secretary ‘‘(ii) any communication made by or on be- after the qualifying date, disregarding any of the Treasury under chapter 96 of such half of such party shall be considered to be amount of contributions from any person to the extent that the total of the amounts con- Code.’’. made in connection with the general election (b) CANDIDATES IN GENERAL ELECTIONS.— campaign of a candidate for President of the tributed by such person exceeds $200. (1) ADDITIONAL PAYMENTS.— United States who is affiliated with such ‘‘(2) CANDIDATES TO WHOM THIS SUBSECTION (A) IN GENERAL.—Section 9004(a)(1) of the APPLIES.—A candidate is described in this party if any portion of the communication is Internal Revenue Code of 1986 is amended— paragraph if such candidate— in connection with such election. (i) by striking ‘‘(1) The eligible candidates’’ ‘‘(E) Any expenditure under this paragraph ‘‘(A) is eligible to receive payments under and inserting ‘‘(1)(A) Except as provided in shall be in addition to any expenditure by a section 9033, and subparagraph (B), the eligible candidates’’; national committee of a political party serv- ‘‘(B) is opposed by a nonparticipating pri- ing as the principal campaign committee of mary candidate of the same political party and a candidate for the office of President of the who receives contributions or makes expend- (ii) by adding at the end the following new United States.’’. itures with respect to the campaign— subparagraph: (c) CONFORMING AMENDMENTS RELATING TO ‘‘(i) before April 1 of the year in which the ‘‘(B) In addition to the payments described TIMING OF COST-OF-LIVING ADJUSTMENT.— presidential election is held, in an aggregate in subparagraph (A), each eligible candidate (1) IN GENERAL.—Section 315(c)(1) of such amount greater than 120 percent of the ex- of a major party in a presidential election Act (2 U.S.C. 441a(c)(1)) is amended— penditure limitation under section with an opponent in the election who is not (A) in subparagraph (B), by striking ‘‘(b), 315(b)(1)(A)(i) of the Federal Election Cam- eligible to receive payments under section (d),’’ and inserting ‘‘(d)(3)’’; and paign Act of 1971, or 9006 and who receives contributions or makes (B) by inserting at the end the following ‘‘(ii) before the date described in section expenditures with respect to the primary and new subparagraph: 9006(b), in an aggregate amount greater than general elections in an aggregate amount ‘‘(D) In any calendar year after 2008— 120 percent of the expenditure limitation greater than 120 percent of the combined ex- ‘‘(i) a limitation established by subsection under section 315(b)(1)(A)(ii) of such Act. penditure limitations applicable to eligible (b) or (d)(2) shall be increased by the percent ‘‘(3) NONPARTICIPATING PRIMARY CAN- candidates under section 315(b)(1) of the Fed- difference determined under subparagraph DIDATE.—In this subsection, the term ‘non- eral Election Campaign Act of 1971 shall be (A); participating primary candidate’ means a entitled to an equal payment under section ‘‘(ii) each amount so increased shall re- candidate for nomination for election for the 9006 in an amount equal to 100 percent of the main in effect for the calendar year; and office of President who is not eligible under expenditure limitation applicable under such ‘‘(iii) if any amount after adjustment section 9033 to receive payments from the section with respect to a campaign for elec- under clause (i) is not a multiple of $100, Secretary under this chapter. tion to the office of President.’’. such amount shall be rounded to the nearest ‘‘(4) QUALIFYING DATE.—In this subsection, (B) SPECIAL RULE FOR MINOR PARTY CAN- multiple of $100.’’. the term ‘qualifying date’ means the first DIDATES.—Section 9004(a)(2)(A) of such Code (2) BASE YEAR.—Section 315(c)(2)(B) of such date on which the contributions received or is amended— Act (2 U.S.C. 441a(c)(2)(B)) is amended— expenditures made by the nonparticipating (i) by striking ‘‘(A) The eligible can- (A) in clause (i)— primary candidate described in paragraph didates’’ and inserting ‘‘(A)(i) Except as pro- (i) by striking ‘‘subsections (b) and (d)’’ (2)(B) exceed the amount described under ei- vided in clause (ii), the eligible candidates’’; and inserting ‘‘subsection (d)(3)’’; and ther clause (i) or clause (ii) of such para- and (ii) by striking ‘‘and’’ at the end; graph.’’. (ii) by adding at the end the following new (B) in clause (ii), by striking the period at (B) CONFORMING AMENDMENT.—Section clause: the end and inserting ‘‘; and’’; and 9034(b) of such Code, as amended by section 2, ‘‘(ii) In addition to the payments described (C) by adding at the end the following new is amended by striking ‘‘subsection (a)’’ and in clause (i), each eligible candidate of a clause: inserting ‘‘subsections (a) and (c)’’. minor party in a presidential election with ‘‘(iii) for purposes of subsection (b) and (2) INCREASE IN EXPENDITURE LIMIT.—Sec- an opponent in the election who is not eligi- (d)(2), calendar year 2007.’’. tion 315(b) of the Federal Election Campaign ble to receive payments under section 9006

VerDate Aug 31 2005 02:16 Jan 31, 2007 Jkt 059060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A30JA6.037 S30JAPT1 bajohnson on PROD1PC61 with SENATE S1350 CONGRESSIONAL RECORD — SENATE January 30, 2007 and who receives contributions or makes ex- ‘‘(iii) in the case of a notice under subpara- during which the taxable year begins, except penditures with respect to the primary and graph (A)(i), notify the national committee that the base year involved shall be 2008.’’. general elections in an aggregate amount of each political party (other than the polit- (c) ENSURING TAX PREPARATION SOFTWARE greater than 120 percent of the combined ex- ical party with which the candidate is affili- DOES NOT PROVIDE AUTOMATIC RESPONSE TO penditure limitations applicable to eligible ated) of the inapplicability of expenditure DESIGNATION QUESTION.—Section 6096 of such candidates under section 315(b)(1) of the Fed- limits under section 315(d)(2) pursuant to Code, as amended by subsection (b), is eral Election Campaign Act of 1971 shall be subparagraph (C) thereof. amended by adding at the end the following entitled to an equal payment under section ‘‘(2) GENERAL ELECTION CANDIDATES.— new subsection: 9006 in an amount equal to 100 percent of the ‘‘(A) NOTIFICATION OF EXPENDITURES BY IN- ‘‘(e) ENSURING TAX PREPARATION SOFTWARE payment to which such candidate is entitled ELIGIBLE CANDIDATES.—If a candidate in a DOES NOT PROVIDE AUTOMATIC RESPONSE TO under clause (i).’’. presidential election who is not eligible to DESIGNATION QUESTION.—The Secretary shall (2) EXCLUSION OF ADDITIONAL PAYMENT receive payments under section 9006 of the promulgate regulations to ensure that elec- FROM DETERMINATION OF EXPENDITURE LIM- Internal Revenue Code of 1986 receives con- tronic software used in the preparation or ITS.—Section 315(b) of the Federal Election tributions or makes expenditures with re- filing of individual income tax returns does Campaign Act of 1971 (2 U.S.C. 441a(b)), as spect to the primary and general elections in not automatically accept or decline a des- amended by subsection (a), is amended by an aggregate amount greater than 120 per- ignation of a payment under this section.’’. adding at the end the following new para- cent of the combined expenditure limitations (d) PUBLIC INFORMATION PROGRAM ON DES- graph: applicable to eligible candidates under sec- IGNATION.—Section 6096 of such Code, as ‘‘(4) In the case of a candidate who is eligi- tion 315(b)(1), the candidate shall notify the amended by subsections (b) and (c), is ble to receive payments under section Commission in writing that the candidate amended by adding at the end the following 9004(a)(1)(B) or 9004(a)(2)(A)(ii) of the Inter- has received aggregate contributions or new subsection: ‘‘(f) PUBLIC INFORMATION PROGRAM.— nal Revenue Code of 1986, the limitation made aggregate expenditures in such an ‘‘(1) IN GENERAL.—The Federal Election under paragraph (1)(B) shall be increased by amount not later than 24 hours after first re- Commission shall conduct a program to in- the amount of such payments received by ceiving aggregate contributions or making form and educate the public regarding the the candidate.’’. aggregate expenditures in such an amount. purposes of the Presidential Election Cam- (c) PROCESS FOR DETERMINATION OF ELIGI- ‘‘(B) CERTIFICATION.—Not later than 24 hours after receiving a written notice under paign Fund, the procedures for the designa- BILITY FOR ADDITIONAL PAYMENT AND IN- tion of payments under this section, and the CREASED EXPENDITURE LIMITS.—Section 304 subparagraph (A), the Commission shall cer- tify to the Secretary of the Treasury for pay- effect of such a designation on the income of the Federal Election Campaign Act of 1971 tax liability of taxpayers. (2 U.S.C. 434) is amended by adding at the ment to any eligible candidate who is enti- tled to an additional payment under para- ‘‘(2) USE OF FUNDS FOR PROGRAM.—Amounts end the following new subsection: in the Presidential Election Campaign Fund ‘‘(i) REPORTING AND CERTIFICATION FOR AD- graph (1)(B) or (2)(A)(ii) of section 9004(a) of the Internal Revenue Code of 1986 that the shall be made available to the Federal Elec- DITIONAL PUBLIC FINANCING PAYMENTS FOR tion Commission to carry out the program CANDIDATES.— candidate is entitled to payment in full of the additional payment under such section.’’. under this subsection, except that the ‘‘(1) PRIMARY CANDIDATES.— amount made available for this purpose may SEC. 6. ESTABLISHMENT OF UNIFORM DATE FOR ‘‘(A) NOTIFICATION OF EXPENDITURES BY IN- not exceed $10,000,000 with respect to any ELIGIBLE CANDIDATES.— RELEASE OF PAYMENTS FROM PRES- IDENTIAL ELECTION CAMPAIGN Presidential election cycle. In this para- ‘‘(i) EXPENDITURES IN EXCESS OF 120 PER- FUND TO ELIGIBLE CANDIDATES. graph, a ‘Presidential election cycle’ is the 4- CENT OF LIMIT.—If a candidate for a nomina- (a) IN GENERAL.—The first sentence of sec- year period beginning with January of the tion for election for the office of President tion 9006(b) of the Internal Revenue Code of year following a Presidential election.’’. who is not eligible to receive payments 1986 is amended to read as follows: ‘‘If the (e) EFFECTIVE DATE.—The amendments under section 9033 of the Internal Revenue Secretary of the Treasury receives a certifi- made by this section shall take effect on the Code of 1986 receives contributions or makes cation from the Commission under section date of the enactment of this Act. expenditures with respect to the primary 9005 for payment to the eligible candidates of SEC. 8. AMOUNTS IN PRESIDENTIAL ELECTION election in an aggregate amount greater a political party, the Secretary shall, on the CAMPAIGN FUND. than 120 percent of the expenditure limita- last Friday occurring before the first Mon- (a) DETERMINATION OF AMOUNTS IN FUND.— tion applicable to eligible candidates under day in September, pay to such candidates of Section 9006(c) of the Internal Revenue Code clause (i) or (ii) of section 315(b)(1)(A), the the fund the amount certified by the Com- of 1986 is amended by adding at the end the candidate shall notify the Commission in mission.’’. following new sentence: ‘‘In making a deter- writing that the candidate has received ag- (b) CONFORMING AMENDMENT.—The first mination of whether there are insufficient gregate contributions or made aggregate ex- sentence of section 9006(c) of such Code is moneys in the fund for purposes of the pre- penditures in such an amount not later than amended by striking ‘‘the time of a certifi- vious sentence, the Secretary shall take into 24 hours after first receiving aggregate con- cation by the Comptroller General under sec- account in determining the balance of the tributions or making aggregate expenditures tion 9005 for payment’’ and inserting ‘‘the fund for a Presidential election year the Sec- in such an amount. time of making a payment under subsection retary’s best estimate of the amount of mon- ‘‘(ii) EXPENDITURES IN EXCESS OF 120 PER- (b)’’. eys which will be deposited into the fund CENT OF INCREASED LIMIT.—If a candidate for SEC. 7. REVISIONS TO DESIGNATION OF INCOME during the year, except that the amount of a nomination for election for the office of TAX PAYMENTS BY INDIVIDUAL TAX- the estimate may not exceed the average of President who is not eligible to receive pay- PAYERS. the annual amounts deposited in the fund ments under section 9033 of the Internal Rev- (a) INCREASE IN AMOUNT DESIGNATED.—Sec- during the previous 3 years.’’. enue Code of 1986 receives contributions or tion 6096(a) of the Internal Revenue Code of (b) SPECIAL RULE FOR FIRST CAMPAIGN makes expenditures with respect to the pri- 1986 is amended— CYCLE UNDER THIS ACT.— mary election in an aggregate amount great- (1) in the first sentence, by striking ‘‘$3’’ (1) IN GENERAL.—Section 9006 of the Inter- er than 120 percent of the expenditure limita- each place it appears and inserting ‘‘$10’’; nal Revenue Code of 1986 is amended by add- tion applicable to eligible candidates under and ing at the end the following new subsection: section 315(b) after the application of para- (2) in the second sentence— ‘‘(d) SPECIAL AUTHORITY TO BORROW.— graph (3)(A)(i) thereof, the candidate shall (A) by striking ‘‘$6’’ and inserting ‘‘$20’’; ‘‘(1) IN GENERAL.—Notwithstanding sub- notify the Commission in writing that the and section (c), there are authorized to be appro- candidate has received aggregate contribu- (B) by striking ‘‘$3’’ and inserting ‘‘$10’’. priated to the fund, as repayable advances, tions or made aggregate expenditures in such (b) INDEXING.—Section 6096 of such Code is such sums as are necessary to carry out the an amount not later than 24 hours after first amended by adding at the end the following purposes of the fund during the period ending receiving aggregate contributions or making new subsection: on the first presidential election occurring aggregate expenditures in such an amount. ‘‘(d) INDEXING OF AMOUNT DESIGNATED.— after the date of the enactment of this sub- ‘‘(B) CERTIFICATION.—Not later than 24 ‘‘(1) IN GENERAL.—With respect to each tax- section. hours after receiving any written notice able year after 2008, each amount referred to ‘‘(2) REPAYMENT OF ADVANCES.— under subparagraph (A) from a candidate, in subsection (a) shall be increased by the ‘‘(A) IN GENERAL.—Advances made to the the Commission shall— percent difference described in paragraph (2), fund shall be repaid, and interest on such ad- ‘‘(i) certify to the Secretary of the Treas- except that if any such amount after such an vances shall be paid, to the general fund of ury that opponents of the candidate are eli- increase is not a multiple of $1, such amount the Treasury when the Secretary determines gible for additional payments under section shall be rounded to the nearest multiple of that moneys are available for such purposes 9034(c) of the Internal Revenue Code of 1986; $1. in the fund. ‘‘(ii) notify each opponent of the candidate ‘‘(2) PERCENT DIFFERENCE DESCRIBED.—The ‘‘(B) RATE OF INTEREST.—Interest on ad- who is eligible to receive payments under percent difference described in this para- vances made to the fund shall be at a rate section 9033 of the Internal Revenue Code of graph with respect to a taxable year is the determined by the Secretary of the Treasury 1986 of the amount of the increased limita- percent difference determined under section (as of the close of the calendar month pre- tion on expenditures which applies pursuant 315(c)(1)(A) of the Federal Election Campaign ceding the month in which the advance is to section 315(b)(3); and Act of 1971 with respect to the calendar year made) to be equal to the current average

VerDate Aug 31 2005 02:16 Jan 31, 2007 Jkt 059060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A30JA6.037 S30JAPT1 bajohnson on PROD1PC61 with SENATE January 30, 2007 CONGRESSIONAL RECORD — SENATE S1351 market yield on outstanding marketable ob- year 2006, and $100,000,000 for fiscal year to the public. I hope the Senate will be ligations of the United States with remain- 2007’’. able to act on this legislation and help ing periods to maturity comparable to the (b) EFFECTIVE DATE.—The amendment to save a significant piece of history. anticipated period during which the advance made by subsection (a) shall take effect on I ask unanimous consent that the bill will be outstanding and shall be compounded the date of enactment of this Act. annually.’’. I introduce today, to provide for the SEC. 13. EFFECTIVE DATE. conveyance of an A–12 Blackbird air- (2) EFFECTIVE DATE.—The amendment Except as otherwise provided in this Act, made by this subsection shall take effect on the amendments made by this Act shall craft to the Minnesota Air National the date of the enactment of this Act. apply with respect to elections occurring Guard Historical Foundation, be print- SEC. 9. REPEAL OF PRIORITY IN USE OF FUNDS after January 1, 2009. ed in the record. FOR POLITICAL CONVENTIONS. There being no objection, the text of (a) IN GENERAL.—Section 9008(a) of the In- By Mr. COLEMAN (for himself the bill was ordered to be printed in ternal Revenue Code of 1986 is amended by and Ms. KLOBUCHAR): the RECORD, as follows: striking the period at the end of the second S. 437. A bill to provide for the con- S. 437 sentence and all that follows and inserting veyance of an A–12 Blackbird aircraft the following: ‘‘, except that the amount de- Be it enacted by the Senate and House of Rep- posited may not exceed the amount available to the Minnesota Air National Guard resentatives of the United States of America in after the Secretary determines that amounts Historical Foundation; to the Com- Congress assembled, for payments under section 9006 and section mittee on Armed Services. SECTION 1. CONVEYANCE OF A–12 BLACKBIRD 9037 are available for such payments.’’. Mr. COLEMAN. Mr. President, today AIRCRAFT TO THE MINNESOTA AIR NATIONAL GUARD HISTORICAL (b) CONFORMING AMENDMENT.—The second I am introducing a bill to transfer own- FOUNDATION. sentence of section 9037(a) of such Code is ership of a 1960s A–12 Blackbird spy (a) CONVEYANCE REQUIRED.—The Secretary amended by striking ‘‘section 9006(c) and for plane to the Minnesota Air National of the Air Force shall convey, without con- payments under section 9008(b)(3)’’ and in- Guard Historical Foundation. sideration, to the Minnesota Air National serting ‘‘section 9006’’. The legislation will allow the A–12 to Guard Historical Foundation, Inc. (in this SEC. 10. REGULATION OF CONVENTION FINANC- stay in the Minnesota Air National section referred to as the ‘‘Foundation’’), a ING. non-profit entity located in the State of Min- Section 323 of the Federal Election Cam- Guard Museum and to be displayed for educational and other appropriate pub- nesota, A–12 Blackbird aircraft with tail paign Act of 1971 (2 U.S.C. 441i) is amended number 60–6931 that is under the jurisdiction by adding at the end the following new sub- lic purposes. of the National Museum of the United States section: The A–12 Blackbird planes were in Air Force and, as of January 1, 2007, was on ‘‘(g) NATIONAL CONVENTIONS.—Any person many ways the apex of jet design. No loan to the Foundation and display with the described in subsection (e) shall not solicit, known jet is believed to have flown 133rd Airlift Wing at Minneapolis-St. Paul receive, direct, transfer, or spend any funds faster—three times the speed of sound, International Airport, Minnesota. in connection with a presidential nominating or higher—above 90,000 feet. It is a (b) CONDITION.—The conveyance required convention of any political party, including by subsection (a) shall be subject to the re- funds for a host committee, civic committee, landmark in the history of aviation that will never be repeated again. quirement that Foundation utilize and dis- municipality, or any other person or entity play the aircraft described in that subsection spending funds in connection with such a The Minnesota A–12, retired in 1968 for educational and other appropriate public convention, unless such funds— and rescued by Minnesota volunteers purposes as jointly agreed upon by the Sec- ‘‘(1) are not in excess of the amounts per- from a California scrap heap more than retary and the Foundation before the con- mitted with respect to contributions to the a decade ago, is housed at the 133rd veyance. political committee established and main- Airlift Wing of the Minneapolis-St. (c) RELOCATION OF AIRCRAFT.—As part of tained by a national political party com- Paul International Airport. Almost fif- the conveyance required by subsection (a), mittee under section 315; and the Secretary shall relocate the aircraft de- ‘‘(2) are not from sources prohibited by this teen thousand Minnesotans contrib- uted to the restoration of the A–12 and scribed in that subsection to Minneapolis-St. Act from making contributions in connec- Paul International Airport and undertake tion with an election for Federal office.’’. the creation of the Blackbird program. any reassembly of the aircraft required as SEC. 11. DISCLOSURE OF BUNDLED CONTRIBU- Ever since, it has been the centerpiece part of the conveyance and relocation. Any TIONS. of the Minnesota Air National Guard costs of the Secretary under this subsection (a) IN GENERAL.—Section 304(b) of the Fed- Museum. The aircraft is the only A–12 shall be borne by the Secretary. eral Election Campaign Act of 1971 (2 U.S.C. currently used as a hands-on edu- (d) MAINTENANCE SUPPORT.—The Secretary 434(b)) is amended— cational resource with a group of high- may authorize the 133rd Airlift Wing to pro- (1) by striking ‘‘and’’ at the end of para- ly trained instructors who provide vide support to the Foundation for the main- graph (7); tenance of the aircraft relocated under sub- (2) by striking the period at the end of meaningful insight for the general pub- section (a) after its relocation under that paragraph (8) and inserting ‘‘; and’’; and lic into the aircraft’s history and subsection. (3) by adding at the end the following new meaning. (e) REVERSION OF AIRCRAFT.— paragraph: This aircraft is of great significance (1) REVERSION.—In the event the Founda- ‘‘(9) in the case of an authorized committee not only to the volunteers who sac- tion ceases to exist, all right, title, and in- of a candidate for President, the name, ad- rificed time and resources to restore a terest in and to the aircraft conveyed under dress, occupation, and employer of each per- great remnant of American history, subsection (a) shall revert to the United son who makes a bundled contribution, and but also to the citizens of Minnesota States, and the United States shall have im- the aggregate amount of the bundled con- mediate right of possession of the aircraft. and around the country who have bene- tributions made by such person during the (2) ASSUMPTION OF POSSESSION.—Possession reporting period.’’. fited greatly from this knowledge of under paragraph (1) of the aircraft conveyed (b) BUNDLED CONTRIBUTION.—Section 301 of our military history. under subsection (a) shall be assumed by the the Federal Election Campaign Act of 1971 (2 Unfortunately, the A–12 is considered 133rd Airlift Wing. U.S.C. 431) is amended by adding at the end to be ‘‘on loan’’ from the U.S. Air (f) ADDITIONAL TERMS AND CONDITIONS.— the following new paragraph: Force, which recently has decided to The Secretary may require such additional ‘‘(27) BUNDLED CONTRIBUTION.—The term transfer the plane to the CIA Head- terms and conditions in connection with the ‘bundled contribution’ means a series of con- quarters as part of the agency’s 60th conveyance required by subsection (a) as the tributions that are, in the aggregate, $10,000 Secretary considers appropriate to protect or more and— anniversary celebration. If this plan the interests of the United States. ‘‘(A) are transferred to the candidate or goes ahead, the plane will no longer be the authorized committee of the candidate available for public viewing. By Mr. ROCKEFELLER (for him- by one person; or Over the years, volunteers through- self, Mr. SCHUMER, Mr. KOHL, ‘‘(B) include a written or oral notification out Minnesota have generously devoted and Mr. LEAHY): that the contribution was solicited, ar- their time and resources to maintain- S. 438. A bill to amend the Federal ranged, or directed by a person other than ing this plane. To transfer the plane Food, Drug, and Cosmetic Act to pro- the donor.’’. away from the very people whose hard hibit the marketing of authorized ge- SEC. 12. OFFSET. work has made the aircraft what it is neric drugs; to the Committee on (a) IN GENERAL.—Section 211(c)(1)(A) of the Agricultural Trade Act of 1978 (7 U.S.C. today is simply unfair. It is necessary Health, Education, Labor, and Pen- 5641(c)(1)(A)) is amended by striking ‘‘and that we retain this piece of Minnesota sions. $200,000,000 for each of fiscal years 2006 and history, and keep the Blackbird in a Mr. ROCKEFELLER. Mr. President, I 2007’’ and inserting ‘‘$200,000,000 for fiscal place where it will always be accessible rise today with Senators SCHUMER,

VerDate Aug 31 2005 02:16 Jan 31, 2007 Jkt 059060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A30JA6.037 S30JAPT1 bajohnson on PROD1PC61 with SENATE S1352 CONGRESSIONAL RECORD — SENATE January 30, 2007 KOHL and LEAHY to reintroduce an im- of re-labeling a brand product and plac- Mr. LEAHY. Mr. President, I am portant bill for all Americans. The bill ing it on the market to undermine the pleased today to join Senators ROCKE- that we are reintroducing today would 180-day exclusivity period will only FELLER, KOHL and SCHUMER in intro- reduce barriers to affordable prescrip- serve to reduce generic competition ducing legislation to end the use of so- tion drugs by eliminating one of the and lead to longer brand monopolies called ‘‘authorized generics’’ during the prominent loopholes brand name drug and higher healthcare costs over the 180-day period that Congress intended companies use to limit access to ge- long-term. for true generic market exclusivity. neric drugs. Brand name drug companies are ex- Authorized generics are nothing more Our bill, the Fair Prescription Drug pected to lose as much as $75 billion than repackaged brand name drugs Competition Act of 2007, would end the over the next 5 years as some of their purporting to be a generic, but without marketing of so-called ‘‘authorized best sellers go off-patent and generic the benefit of a true generic’s lower generics’’ during the l80-day period competition increases. So, not surpris- cost. This practice is anticompetitive Congress created exclusively for true ingly, these big pharmaceutical compa- and anti-consumer. generics to enter the market. I have nies are desperately trying to protect Amendments to the Hatch-Waxman spoken with my colleagues many times their market share and prevent con- Act of 1984, enacted as part of the about this important issue. sumers from cashing in on savings Medicare Modernization Act (Title XI, In an effort to balance the need for from generic drugs, PL 108–173) in 2003, generally grant a returns on research facilitated by Today, generic medications comprise generic company that successfully brand name prescription drug compa- more than 56 percent of all prescrip- challenges the patent of a name brand nies with the need for more affordable tions in this country, and yet they ac- pharmaceutical company 180 days of prescription drug options for con- count for only 13 percent of our na- marketing exclusivity on that generic sumers, Congress passed the Hatch- tion’s drug costs. In fact, generic drugs drug. Having co-sponsored those Waxman law in 1984. This law provided provide 50 to 80 percent cost-savings amendments, I know that they were brand name companies with a number over brand name drugs. These savings designed to give greater incentives for of incentives for investing in the re- make a big difference in the lives of generic manufacturers to bring generic search and development of new medica- working families. That is why we must drugs quickly to the market, thus pro- tions. These included a 20-year patent protect the true intent of Hatch-Wax- moting competition and lowering on drugs, 5 years of data exclusivity, 3 man. prices for consumers. years of exclusivity for clinical trials, The bill we are introducing today In 2005, Senators GRASSLEY and up to 5 years of patent extension, 6 eliminates the authorized generic loop- ROCKEFELLER and I raised concerns months exclusivity for conducting pe- hole, protects the integrity of the 180 about the practice of manufacturing diatric testing, and a 30-month auto- days, and improves consumer access to authorized generics. We feared that matic stay against generic competition lower-cost generic drugs. I urge my col- practice could have a negative impact if the generic challenges the brand pat- leagues to support this timely and im- on competition for both blockbuster ent. Generic prescription drug manu- portant piece of legislation. and smaller drugs, because the generic facturers, on the other hand, received a I ask unanimous consent that the industry would be less inclined to in- l80-day exclusivity period, awarded to text of the bill be printed in the vest in their production. According to the first company to successfully chal- RECORD. a recent Generic Pharmaceutical Asso- lenge a brand name patent and enter There being no objection, the text of ciation study, our fears were well the market. the bill was ordered to be printed in founded: Authorized generics diminish This 6-month exclusivity period has the RECORD, as follows: Hatch-Waxman incentives for generic been crucial to encouraging generic S. 438 firms to challenge brand name patents, drug companies to make existing drugs Be it enacted by the Senate and House of Rep- resulting in higher consumer prices. more affordable. Challenging a brand resentatives of the United States of America in The legislation we introduce today name drug’s patent takes time, money, Congress assembled, bars brand name drug firms from pro- and involves absorbing a great deal of SECTION 1. SHORT TITLE. ducing ‘‘authorized generics.’’ Slapping risk. Generic drug companies rely on This Act may be cited as the ‘‘Fair Pre- scription Drug Competition Act’’. a different name on a patented drug the added revenue provided by the 180- and calling it generic is not real com- day exclusivity period to recoup their SEC. 2. PROHIBITION OF AUTHORIZED GENERICS. petition, and it saps incentives from costs, fund new patent challenges Section 505 of the Federal Food, Drug, and real generic drug makers to compete where appropriate, and ultimately pass Cosmetic Act (21 U.S.C. 355) is amended by by making lower-cost generic drugs. savings onto consumers. adding at the end the following: Consumers deserve the lower costs and Since 1984, there have been many at- ‘‘(o) PROHIBITION OF AUTHORIZED GENERIC real choices of truly generic medicines. tempts to exploit loopholes in the law DRUGS.— I look forward to working with my in order to delay generic entry to the ‘‘(1) IN GENERAL.—Notwithstanding any other provision of this Act, no holder of a colleagues on both sides of the aisle to market and extend brand monopolies. make this good bill into a good law. The 2003 Medicare law addressed many new drug application approved under sub- section (c) shall manufacture, market, sell, f of these loopholes. However, brand or distribute an authorized generic drug, di- name manufacturers have found an- rect or indirectly, or authorize any other SUBMITTED RESOLUTIONS other loophole in current law, so-called person to manufacture, market, sell, or dis- ‘‘authorized generics.’’ tribute an authorized generic drug. An authorized generic drug is a brand ‘‘(2) AUTHORIZED GENERIC DRUG.—For pur- SENATE RESOLUTION 46—AUTHOR- name prescription drug produced by poses of this subsection, the term ‘author- IZING EXPENDITURES BY THE the same brand manufacturer on the ized generic drug’— COMMITTEE ON ENVIRONMENT same manufacturing lines, yet repack- ‘‘(A) means any version of a listed drug (as AND PUBLIC WORKS such term is used in subsection (j)) that the aged as a generic in order to confuse holder of the new drug application approved Mrs. BOXER submitted the following consumers and shut true generics out under subsection (c) for that listed drug resolution; from the Committee on En- of the market. Because it is not a true seeks to commence marketing, selling, or vironment and Public Works; which generic and does not require an addi- distributing, directly or indirectly, after re- was referred to the Committee on tional FDA approval, an authorized ge- ceipt of a notice sent pursuant to subsection Rules and Administration: neric can be marketed during the fed- (j)(2)(B) with respect to that listed drug; and S. RES. 46 erally mandated 6-month exclusivity ‘‘(B) does not include any drug to be mar- period for generics. This discourages keted, sold, or distributed— Resolved, That, in carrying out its powers, ‘‘(i) by an entity eligible for exclusivity duties, and functions under the Standing true generic companies from entering with respect to such drug under subsection Rules of the Senate, in accordance with its the market and offering lower-priced (j)(5)(B)(iv); or jurisdiction under rule XXV of such rules, in- prescription drugs. ‘‘(ii) after expiration or forfeiture of any cluding holding hearings, reporting such As I have said many times, author- exclusivity with respect to such drug under hearings, and making investigations as au- ized generics are a sham. This practice such subsection (j)(5)(B)(iv).’’. thorized by paragraphs 1 and 8 of rule XXVI

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