Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 109 CONGRESS, SECOND SESSION

E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 109 CONGRESS, SECOND SESSION

Vol. 152 WASHINGTON, FRIDAY, DECEMBER 8, 2006 No. 135—Book II Senate NATIONAL INSTITUTES OF The PRESIDING OFFICER. Without There being no objection, the Senate HEALTH REFORM ACT OF 2006 objection, it is so ordered. The clerk proceeded to consider the bill. will report the bill by title. Mr. FRIST. Mr. President, I ask ENROLLMENT PERIODS unanimous consent that the Com- The legislative clerk read as follows: mittee on Health, Education, Labor Mr. GRASSLEY. I wish to engage my and Pensions be discharged from fur- A bill (H.R. 6164) to amend title IV of the colleague Senator BAUCUS in a colloquy ther consideration of H.R. 6164, and the Public Health Service Act to revise and ex- concerning the Tax Relief and Health Senate proceed to its immediate con- tend the authorities of the National Insti- Care Act of 2006. This bill contains a sideration. tutes of Health, and for other purposes.

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S11647

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 8633 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11648 CONGRESSIONAL RECORD — SENATE December 8, 2006 provision that would allow certain CUS, I would like to begin by thanking year. Instead, this is a temporary fix— Medicare Advantage plans to enroll in- you for your efforts to address the im- a downpayment toward addressing a dividuals at any time during the year. pending Children’s Health Insurance long-term problem of increasing de- I am concerned about this provision for Program, CHIP, shortfalls as part of mand for CHIP and not enough Federal two reasons: No. 1, the effect it will this end-of-the-year package. As many funds to go around. In an ideal world, have on the Medicare Advantage pro- as 17 States face the prospect of not Senator GRASSLEY and I would have gram, and No. 2, the process by which having enough Federal CHIP dollars to liked to put new money on the table to it was included in this package. cover the children currently enrolled in fully fund the shortfalls. However, we Mr. BAUCUS. I thank you for bring- their programs. Estimates by the Con- are operating under significant budget ing this provision up for discussion. I gressional Research Service and others constraints. This package represents have concerns as well. indicate that these shortfalls will total what we think we can do now, despite Mr. GRASSLEY. Under current law, approximately $920 million next year those constraints. We know we will beneficiaries can decide to stay in the and could put the health care coverage need to revisit this issue next year, ei- traditional fee-for-service program or of as many as 630,000 children in jeop- ther as part of the reauthorization of enroll in Medicare Advantage plans ardy. This compromise, struck between the CHIP program, or apart from that, during the annual open period, which you, Congressman BARTON, and Con- to address the remaining CHIP short- lasts from November 15 to December 31. gressman DINGELL, while not 100 per- falls so that no State has insufficient They can also make certain changes cent of what everybody wanted, takes a funds to provide health coverage for one time between January and March significant step toward addressing that children. I am heartened by Senator of the following year. I remember how problem. GRASSLEY’s strong commitment to the much time and effort we spent design- Mr. GRASSLEY. Thank you, Senator program that we will be able to work ing these enrollment policies when we ROCKEFELLER. We share an interest in together in this critical effort to shore worked together on the Medicare Mod- making sure that States have adequate up our Nation’s safety net for low-in- ernization Act of 2003. Wouldn’t you Federal funding to cover children come children. agree this provision is a significant through CHIP. No one wants to see Mr. ROCKEFELLER. Your comments policy change? children lose coverage, and we hope the are helpful because I think Members Mr. BAUCUS. That is an understate- provisions in this bill will help States are concerned that accepting this CHIP ment. This provision would allow some on a temporary basis until we have shortfalls proposal means they will be but not all types of Medicare Advan- time to work out a more permanent so- giving tacit approval to other provi- tage plans to enroll individuals lution to the CHIP financing structure. sions in the bill that they don’t really throughout the year. Only those plans Now I know that there are a lot of con- support—such as decreasing the CHIP that do not offer prescription drug cov- cerns about this package. And I want allotment from 3 years to 21⁄2 years, or erage will be given this special treat- to make it clear that Senator BAUCUS putting restrictions on how States can ment. This may sound like a small and I thought this was what we could use the redistributed money, for exam- change because it only affects a certain pass right now. We are hopeful that we ple. But what I hear both of you say- type of Medicare Advantage plan. But can pass this package here in the Sen- ing, I think, is that the CHIP provi- it creates an unlevel playing field be- ate and then get House agreement to- sions in this package are causing a lit- tween plans with no drug coverage and night or tomorrow so that we can fore- tle bit of pain for everyone, but that Medicare Advantage plans that have stall these shortfalls for the first part the benefits of getting something done decided to offer prescription drug cov- of the year. now far outweigh the downsides and erage. I want to make it clear, however, that nothing in this CHIP package Mr. GRASSLEY. That is exactly my that nothing in this package binds us binds us as we move to reauthorize the concern, too. I am also disappointed in for CHIP reauthorization next year. program next year. the process that led to the provision There is discomfort with the CHIP pro- Mr. GRASSLEY. I understand the being included in the final bill. We had visions on both sides of the aisle. But concerns of our colleagues. Certainly, an understanding that we would only Senators are willing to compromise in there are those who think we should include agreed-upon extensions and order to get something done for chil- have gone further in this proposal. must-do health items in the package dren before we go home. Therefore, we There are Senators who support going and not make major policy decisions should put aside our differences and in- from a 3-year allotment structure to a that had not gone through the regular dividual gripes in order to get some- 2-year allotment structure imme- process. This provision does not meet thing productive passed. diately. And there are Senators who that standard. Mr. BAUCUS. I want to associate want to put greater limits on how Mr. BAUCUS. No, it does not. In fact, myself with the remarks of the chair- CHIP dollars can be spent, to ensure I soundly rejected the proposal during man. This bill is so important, so vital program spending prioritizes children the negotiations with our House col- to the lives of hundreds of thousands of first. Senator BAUCUS and I developed a leagues. They were clearly informed of children who need health coverage. I CHIP proposal that is somewhere in be- my position on the matter. Our final am so proud that the Senate and the tween but is a proposal that meets our agreement did not include this provi- House were able to get together and ultimate objective of keeping children sion. work out a deal to get this done this covered. We can have a policy debate Mr. GRASSLEY. It disturbs me, that year. I was disappointed we weren’t about the merits of various proposals this major policy change—one that able to include this in the tax extend- when we reauthorize the program next treats some plans unfairly—was in- ers package that Senator GRASSLEY year. Nothing in this package precluded at last minute by the House and I worked on, so it is very grati- cludes us from doing that. rules committee. I do not operate like fying to know we were able to do this. Mr. BAUCUS. I expect the Finance that, and I know you do not, either. I want to especially thank Chairman Committee to have a deliberative proc- Unfortunately, we are stuck with this GRASSLEY and his staff, Becky Shipp, ess on CHIP reauthorization early next provision for the time being. But I as- for their dedication to this effort and year, where we can hear from Members, sure of my commitment to working commitment to the program. I would Governors, CHIP directors, families with you as soon as possible next year also like to thank Chairman BARTON and others about the CHIP financing to revisit this provision. and his staff, Ryan Long, for their will- structure, the allotment timeframe, Mr. BAUCUS. I thank my colleague ingness to help in this process, and populations covered and any other rel- and good friend from Iowa. I look for- Congressman DINGELL and his staff, evant issues of concern. As far as I’m ward to working with you next year on Bridgett Taylor and Amy Hall, for concerned, we come to this process this and all of the business we will their dogged determination to get this with a clean slate and we will have an have before our committee. done. I also agree with Chairman honest dialogue about the future of CHILDREN’S HEALTH INSURANCE PROGRAM GRASSLEY in his view that the CHIP this vital program. For right now, how- Mr. ROCKEFELLER. Chairman provisions in this bill will not set a ever, I hope that we can pass this legis- GRASSLEY and Ranking Member BAU- precedent for reauthorization next lation, so that no child loses coverage

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11649 before we have a chance to reauthorize Specifically, Chairman BARTON and cate dialysis patients about the pos- the program next year. Representative DINGELL worked tire- sible advantages of home dialysis. Mr. ROCKEFELLER. I thank my col- lessly crafting this legislation for Section 110 relates to the reporting of leagues for their tireless efforts on be- months and getting the House to pass anemia quality indicators for Medicare half of children, and I look forward to it nearly unanimously. They have con- Part B cancer anti-anemia drugs. The working with both of them to address tinued to work for the last 3 months to intent of this section is to require the the remaining shortfalls early next address every concern from Members Secretary to develop a process through year. here in the Senate. Their staffs, Cheryl full notice and comment rulemaking Mr. ENZI. Mr. President, today the Jaeger, Katherine Martin, Ryan Long, that requires providers to report hemo- Senate has once again affirmed its John Ford and Jessica McNiece, have globin or hematocrit levels for patients commitment to strengthen the Na- worked patiently and persistently to being treated with cancer chemo- tional Institutes of Health and its im- reach consensus that this bill is right therapy. Nothing in this section is in- portant research to find better treat- policy at the right time. We appreciate tended to require the Secretary to ments and cures for all diseases. their dedication and cooperative work. change the coverage or payment rules Today, the Senate passed H.R. 6164, the Further, I would like to acknowledge for any products under Part B. National Institutes of Health Reform the Senate and House Legislative Mr. MCCONNELL. Mr. President, I Act of 2006. This important piece of leg- Counsels, who worked hand in hand rise to express my concerns about sec- islation provides needed reforms to the with staff to draft language as the tion 206 of the Tax Relief and Health crown jewel of the Nation’s biomedical House and Senate worked to accommo- Care Act of 2006. Under current law, research enterprise, the National Insti- date concerns. They worked many long Medicare beneficiaries are only per- tutes of Health. hours and all through the night last mitted to enroll in a Medicare Advan- This reauthorization builds upon the night to draft this language. In par- tage plan from November 15 to March great initiatives and vision of Dr. ticular, I would like to express my 31. This provision would allow Medi- Zerhouni, the Director of NIH, by cre- gratitude to Pete Goodlowe, Warren care fee-for-service beneficiaries to en- ating a common fund to support cross- Berg, and Bill Baird for their dedica- roll in certain Medicare Advantage cutting trans-NIH research initiatives, tion and hard work which enabled us to plans at any time during 2007 or 2008, such as those initiated as part of Dr. pass this bill. but only into those Medicare Advan- Zerhouni’s ‘‘roadmap initiative’’. This I want to thank all the members of tage plans that do not cover prescrip- reform bill also brings more trans- the Senate Committee on Health, Edu- tion drugs. This is a significant change parency to the spending of this impor- cation, Labor, and Pensions, especially in policy, and I am concerned that this tant agency. As we recently doubled my friend and ranking member, Sen- could provide incentives for seniors to the NIH budget, it is important that ator KENNEDY, for his hard work and join plans that do not offer prescrip- the NIH and Congress can plan and determination in seeing this bill be- tion drug coverage. I am also troubled evaluate the efficiency and effective- come law. I would also like to thank that this provision could distort the ness of that spending. NIH is the steward of this Nation’s all of the staff, without whom much of thriving Medicare Advantage market- biomedical research enterprise and it is our progress would not have been pos- place that is serving seniors well important we reevaluate the inner- sible. today. I also am concerned about the proc- workings of the agency to ensure they I would also like to thank David ess by which this provision was added are meeting this responsibility. The Noll, Derrick Scholls, Caya Lewis, and to the underlying legislation. While the legislation passed today is a fulfill- David Bowen of Senator KENNEDY’s ment of our critical obligation to staff for their hard work and late vast majority of the Medicare provi- evaluate, strengthen, and improve the nights. sions of the Tax Relief and Health Care NIH so that they can shoulder this bur- Finally, I would like to thank my Act of 2006 were discussed and agreed den. own staff, including Katherine to by the appropriate committees in This bill also includes the substance McGuire, my staff director, Ilyse the House and Senate, it is my under- of the NIH Foundation Improvement Schuman, Greg Dean, Stephen standing that this provision was added Act, which ensures the foundation has Northrup, Dave Schmickel, and Shana to the final package without the con- the resources and ability to aid re- Christrup for their diligence and deter- sent of the Finance Committee mem- searchers in fulfilling NIH’s mission to mination as we worked to reach con- bers who negotiated on the Senate’s be- find better treatments and cures for sensus on this important and essential half. our most serious diseases. Most signifi- bill. I want to make certain that our sen- cantly, these provisions clarify mem- We anticipate the House will pass iors are able to choose the Medicare bership in the foundation’s board of di- this bill later today, after which it will option that best meets their health rectors and assures that the foundation be sent to the President’s desk. I look care needs and I look forward to work- receives funds to support its operating forward to the exciting biomedical ing with my colleagues to ensure this expenses. breakthroughs that will result from provision does not harm our Nation’s Every member of the House and Sen- the continued commitment of the NIH Medicare beneficiaries. ate takes pride in the NIH and its to critical, lifesaving research. Mr. LEVIN. Mr. President, this bill grantees. Through their work and vi- Mr. CRAPO. Mr. President, I rise to covers a number of important areas. sion, America has become the world comment briefly on the Tax Relief and The so-called ‘‘tax extenders’’ provi- leader in biomedical research, and Health Care Act of 2006. This bill in- sions will continue a number of expired Americans benefit from the fruits of cludes a number of important provi- or expiring tax incentives that are im- these labors every day. I am confident sions, including tax relief and reforms portant to our economy. These include that this legislation will help NIH con- to the Medicare system. I wish simply the critical tax credit for research and tinue to be the engine that drives our to highlight two sections for the development done here in the U.S. The understanding of biomedical science record. bill also extends the Welfare to Work and continue to be a source of pride. Section 103 contains an update of the and the Work Opportunity Tax Credits, Before closing, I would like to take composite rate component of the basic which encourage employers to hire cer- this opportunity to acknowledge, case-mix adjusted prospective payment tain long-term family assistance re- thank, and congratulate the people system for dialysis services. The intent cipients and members of targeted who have worked hard to craft, draft, of this section is to provide an update groups such as high risk youth, fami- and pass this legislation. First, I would of 1.6% for a period of 1 year to the cur- lies receiving food stamps, SSI recipi- like to thank my colleagues in the rent composite rate for dialysis care. ents, and qualified veterans. Another House and their staff for their hard This section does not address any other important extension is the deduction work in passing this critical legisla- payment system modifications for the for the out-of-pocket expenses of ele- tion. It is hard to overstate their dedi- ESRD Program. The GAO report is in- mentary and secondary school teachers cation and work in getting this bill tended to explore the cost of home di- of up to $250 for books and other sup- done. alysis and how to more effectively edu- plies. And there is a deduction of up to

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11650 CONGRESSIONAL RECORD — SENATE December 8, 2006 $4,000 for qualified tuition and related we are finally coming to address a Left Behind reforms work. We should expenses. There is also a provision to number of important provisions that be focusing on educational issues that provide equity to the U.S.-flag ships we should have dealt with long ago. touch the lives of all American stu- operating in the Great Lakes. Mr. REED. Mr. President, I have been dents, not just a select few. I am also pleased that this Congress a longtime supporter of these tax cred- Also inserted in the bill is a consider- is addressing the annual dilemma of its and I am pleased that they are ex- able expansion of Health Savings Ac- appropriate reimbursement for physi- tended by this long overdue bill before counts, HSAs. The provisions, which cians treating Medicare patients. The us tonight. were never given full consideration by current Medicare reimbursement sys- The tax credits included in this bill either the Senate or House of Rep- tem is flawed, and without action, doc- are significant both for families and for resentatives, provide yet another tors treating Medicare patients would businesses; these credits will help fami- mechanism for high income individuals have faced a 5% reduction in reim- lies send their children to college, en- to shelter taxable income under the bursement. I am pleased that this leg- courage businesses to hire individuals guise of health care. An August Gov- islation will halt those cuts and I urge working to get off welfare, and support ernment Accountability Office, GAO, the 110th Congress to take a serious research and development. The IRS in- report on tax filers who reported mak- look at overall Medicare reimburse- dicates that 19 million taxpayers will ing HSA contributions had an average ment so that we do not make this an benefit from this relief. Our economy income of $133,000 in 2004. The annual annual affair. I am also pleased that benefits from these provisions and survey of health care consumers by the this legislation contains a six month many taxpayers have grown to rely on Employee Benefit Research Institute extension of the Medicare hospital them. And those who benefit from and the Commonwealth Fund found wage index reclassification, bringing these provisions need certainty. virtually no change in enrollment in additional temporary financial relief to I am disappointed, however, by crit- HSAs, nor did they find any measur- over 100 Michigan hospitals. ical omissions and the inclusion of able impact on the rates of the unin- This bill also includes the permanent some provisions about which I have se- sured in this country. While those who extension of Normal Trade Relations rious concerns. support these extensions, which will (PNTR) to Vietnam which Congress has For starters, this package does not cost taxpayers close to a billion dollars been granting on an annual basis since address the Alternative Minimum Tax, over the next decade, will argue that December 2001. Vietnam is joining the AMT; a tax provision that, with no they will help expand these insurance WTO and the United States is obligated Congressional intervention, will affect products to more Americans, in reality to grant Vietnam permanent normal 37.1 million tax returns by 2010. House- they will benefit only those Americans trade relations in order to receive the holds are more likely to pay the AMT wealthy enough to take advantage of market opening commitments that if they have children or live in a high- them. The bill does contain some essential were made by Vietnam as a condition tax state because the AMT does not health-related provisions. Specifically, of joining the WTO. As a member of the allow taxpayers to claim an exemption it includes another temporary update for dependents as an itemized deduc- WTO Vietnam will be subject to all of in the reimbursement rate for physi- tion for state taxes. By 2010, nearly 90 the WTO’s international trade rules. cians under Medicare. While this pack- percent of married couples with two or Currently, the United States provides age reverses the projected 5.1 percent more children and incomes between PNTR to most countries, but not Viet- cut for 2007, this Congress must take $75,000 and $100,000 will pay the AMT. nam. action next year to bring greater sta- I also support the inclusion of the The AMT is complicated, unfair, and bility and predictability to the Medi- provisions of S. 3711, the Gulf of Mexico no longer meets its intended purpose. care physician payment formula than Energy Security Act of 2006, in this That is why in her 2003 annual report currently exists. Nevertheless, this to Congress, National Taxpayer Advo- package. I supported this bill when it provision ensures that elderly and dis- cate Nina Olson identified the AMT as passed the Senate because I believe we abled Medicare patients will continue the most serious problem encountered need to move forward to open up more to have access to their providers. areas for natural gas exploration to ad- by taxpayers. According to Olson ‘‘. . . While this bill provides a 1-year ex- dress the increasingly tight natural gas that is how the AMT appears to func- tension of the moratorium on Medicare supply in the U.S and its resulting high tion—randomly, no longer with any therapy caps, many other needed Medi- prices. logical basis in sound tax administra- care and Medicaid provisions have been Over the past six years, the tight nat- tion or any connection with its origi- omitted. For instance, the bill does not ural gas supply and increasing costs of nal purpose of taxing the very wealthy include a moratorium on impending re- natural gas has had a significant im- who escape taxation. Congress must ductions in reimbursements for imag- pact on consumers and particularly on address the AMT before it bogs down ing services. the U.S. manufacturing sector, which tax administration and increases tax- However, I would commend the archi- depends on natural gas as both a fuel payers’ cynicism to such a level that tects of the legislation for carving out source and a feedstock and raw mate- overall compliance declines.’’ unexpended monies available in the rial. With U.S. natural gas prices the Also, the bill includes many ill-con- Medicare advantage stabilization fund highest in the industrialized world, ceived provisions. I strongly oppose the to finance the provisions that were in- many companies have made decisions bill’s inclusion of an expanded voucher cluded instead of resorting to cuts in to move their manufacturing oper- program for the District of Columbia. reimbursements to individual Medicare ations offshore. Millions of manufac- There is no doubt that our nation’s providers groups. turing jobs have outsourced overseas capital faces severe educational chal- I am further disappointed that this during this period. lenges. However, this expansion is an bill allows for exploration of the outer Mr. President, I will support this bill unnecessary action that subverts the continental shelf. This provision will because it contains many important program’s original intent to serve sole- not provide energy security to the provisions. I do hope, however, that in ly low-income students, and continues United States. Our nation needs a com- the next Congress we can take up legis- federal government subsidization of prehensive energy policy that reduces lation in a timely manner allowing for private and religious schools at the ex- dependency on fossil fuels through in- more study and deliberation on impor- pense of public education. creased energy efficiency, greater in- tant far-reaching provisions and avoid This is another attempt by the Presi- vestment in renewable energy, and de- these last minute omnibus packages. dent and Republican leadership to ex- velopment of alternative fuels to re- The process by which this omnibus pand private school voucher programs, place oil. This provision is also un- package was pulled together and un- while reneging on our fundamental sound fiscal policy. It would mandate veiled at the eleventh hour is seriously commitment to public schools, where that almost 38 percent of revenue from flawed. Pushing through an un-amend- 90 percent of American children receive federal resources generated by new able, take-it-or-leave it package of oth- their education. Instead of private leases in the Gulf of Mexico be given to erwise unrelated bills is not the way school vouchers, we should spend the four states—Alabama, Louisiana, Mis- Congress should legislate. But at least dollars necessary to make the No Child sissippi, and Texas. These are revenues

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11651 that currently would be provided to the a formula specified in law. The intent of the quently refine the quality measures (without United States Treasury for the benefit formula is to place a restraint on overall notice or opportunity for public comment) of the Nation as a whole. Reducing rev- spending for physicians’ services. Several up until July 1, 2007 by publishing modifications or refinements to previously published enue to the Treasury means that we, as factors enter into the calculation of the formula. These include: (1) the sustainable quality measures but may not change the a nation, will have fewer resources growth rate (SGR) which is essentially a cu- quality measures. available in the future to respond to a mulative target for Medicare spending Eligible professionals who (1) furnish serv- call for help should there be another growth over time (with 1996 serving as the ices for which there are established quality devastating natural disaster or ter- base period); (2) the Medicare economic index measures as determined by this provision rorism attack. (MEI) which measures inflation in the inputs and (2) satisfactorily submit quality meas- Unfortunately, the majority played needed to produce physicians services; and ures would be paid a single additional bonus (3) the update adjustment factor which modi- payment amount equal to 1.5% of the al- political games to get us to this point. lowed charges for covered professional serv- We should have passed this legislation fies the update, which would otherwise be allowed by the MEI, to bring spending in line ices furnished during the reporting period. long ago. Instead, we are now faced with the SGR target. In no case can the ad- The bonus incentive payments would be paid with passing a bill that contains im- justment factor be less than minus seven from the Supplemental Medical Insurance portant provisions but also a number of percent or more than plus three percent. Trust Fund (Part B). These bonus incentive others that I would have opposed had The law specifies a formula for calculating payments would not be taken into account they been offered on their own merits. the SGR. It is based on changes in four fac- in the calculations and determination of payments for providers in health profes- Despite this bill’s shortcomings, I will tors: (1) estimated changes in fees; (2) estimated change in the average number of Part sional shortage areas or Physician Scarcity support it because it extends tax cred- Areas, nor would these bonus payments be its that will truly benefit countless B enrollees (excluding Medicare Advantage beneficiaries); (3) estimated projected growth taken into account in computing allowable Americans and contains an important in real gross domestic product (GDP) growth charges under this subsection. The Secretary would presume that if an el- physician reimbursement fix. I will per capita; and (4) estimated change in ex- igible professional submits data for a meas- work in the new Congress to address penditures due to changes in law or regula- ure, then the measure is applicable to the the bill’s shortcomings. tions. In order to even out large fluctua- professional. However, the Secretary may tions, MMA changed the GDP calculation Mr. FRIST. I ask unanimous consent validate (by sampling or other means as the from an annual change to an annual average the amendment at the desk be agreed Secretary determines to be appropriate) to change over the preceding 10 years (a ‘‘10- to, the bill, as amended, be read the determine if an eligible professional reports year rolling average’’). third time and passed, the motion to measures applicable to such professional The SGR target is not a limit on expendi- services. If the Secretary determines that an reconsider be laid upon the table, and tures. Rather, the fee schedule update re- eligible professional has not successfully re- any statements be printed in the flects the success or failure in meeting the ported applicable measures, the Secretary RECORD. target. If expenditures exceed the target, the would not pay that professional the bonus. The PRESIDING OFFICER. Without update for a future year is reduced. This is Satisfactory reporting of data determines objection, it is so ordered. what occurred for 2002. It was also slated to whether the provider is eligible for the bonus The amendment (No. 5238) was agreed in subsequent years; however, legislation payment. If there are no more than 3 quality to. kept this from occurring. Most recently, the measures that are applicable to the profes- (The amendment is printed in today’s Deficit Reduction Act froze the 2006 conver- sional services furnished, the provider must sion factor at the 2005 level. A negative 5% RECORD under ‘‘Text of Amendments.’’) report each measure for at least 80% of the percent update is slated to occur in 2007. The amendment was ordered to be cases to meet the criteria. If there are 4 or engrossed and the bill to be read a Explanation of provision more quality measures that are applicable, The conversion factor for 2007 would be the the provider must report at least 3 of the third time. quality measures for at least 80% of the The bill (H.R. 6164), as amended, was conversion factor otherwise applicable for 2007 divided by the product of: (i) 1 plus the cases. read the third time and passed. Secretary’s estimate of the percentage in- The provision also places a limit on bonus STATEMENT OF MANAGERS crease in the MEI for 2007 (divided by 100), payments. No provider would receive pay- Mr. GRASSEY. Mr. President, I ask and (ii) 1 plus the Secretary’s estimate of the ments in excess of the product of the total unanimous consent that a manager’s update adjustment factor for 2007. These number of quality measures for which data are submitted and three times the average statement be printed in the RECORD. changes would not be considered in the computation of the conversion factor for 2008. per measure payment amount. The average There being no objection, the mate- per measure payment amount would be esti- rial was ordered to be printed in the The provision would also implement a voluntary quality reporting system for Medi- mated by the Secretary and would equal the RECORD, as follows: care payments for covered professional serv- total amount of allowed charges under Medi- STATEMENT OF MANAGERS ices tied to the reporting of claims data. care part B for all covered professional services furnished during the reporting period on DIVISION B—MEDICARE AND OTHER Physicians and other eligible professionals claims for which quality measures are re- HEALTH PROVISIONS (including physician assistants, nurse practi- ported divided by the total number of qual- SECTION 1. SHORT TITLE OF DIVISION tioners, clinical nurse specialists, certified registered nurse anesthetists, certified ity measure for which data are reported dur- Current law nurse-midwives, clinical social workers, clin- ing the reporting period under the physician reporting system. No Provision. ical psychologists, registered dietitians or The Secretary would provide for education Explanation of provision nutritional professionals as defined under and outreach to eligible professionals regard- This division may be cited as the ‘‘Medi- current law, physical therapists, occupa- ing these changes. The Secretary would im- care Improvements and Expansion Act of tional therapists, and qualified speech-lan- plement these provisions acting through the 2006’’. guage pathologists) who report the quality Administrator of the Centers for Medicare Title I—Medicare Improved Quality and information would be eligible for a bonus in- and Medicaid services. Provider Payments centive payment for services. For 2008, the This provision would allow no administra- Secretary would address a mechanism where- tive or judicial review, under the existing SECTION 101. PHYSICIAN PAYMENT AND QUALITY by an eligible professional could provide data IMPROVEMENT Medicare appeals process or through a Pro- on quality measures through an appropriate vider Reimbursement Review Board as cur- Current law medical registry (such as the Society of Tho- rently codified in statute, of the determina- Medicare payments for services of physi- racic Surgeons National Database) as identi- tion of measures, satisfactory reporting, cians and certain nonphysician practitioners fied by the Secretary. payment limitation, or bonus incentive pay- are made on the basis of a fee schedule. The For covered professional services furnished ment. A determination under the provisions fee schedule assigns relative values to serv- beginning July 1, 2007 and ending December of this section would not be treated as a de- ices that reflect physician work (i.e., the 31, 2007, the quality reporting measures are termination under current appeals processes time, skill, and intensity it takes to provide those identified as physician quality meas- for Medicare. the service), practice expenses, and mal- ures under the CMS Physician Voluntary Re- For 2008, the quality measures would be se- practice costs. The relative values are ad- porting Program (PVRP) as published on the lected from measures adopted or endorsed by justed for geographic variations in costs. The CMS public website as of the date of enact- a consensus organization (such as the Na- adjusted relative values are then converted ment of this provision. The Secretary may tional Quality Forum or AQA, originally into a dollar payment amount by a conver- modify these quality measures if changes are known as the Ambulatory Care Quality Alli- sion factor. The conversion factor for 2006 is based on the results of a consensus-process ance) that includes measures that have been $37.8975. meeting in January of 2007 and if such submitted by a physician specialty developed The conversion factor is the same for all changes are published on the CMS website by through a consensus-based process as identi- services. It is updated each year according to April 1, 2007. The Secretary may subse- fied by the Secretary. Such measures shall

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include structural measures, such as the use SECTION 103. UPDATE OF THE COMPOSITE RATE reimbursed under a fee schedule. MMA speci- of electronic health records and electronic COMPONENT OF THE BASIC CASE-MIX AD- fied that hospitals with under 50 beds in prescribing technology. The CMS adminis- JUSTED PROSPECTIVE PAYMENT SYSTEM FOR qualified rural areas (low density population trator would publish a proposed set of qual- DIALYSIS SERVICES rural areas) would receive 100% reasonable ity measures for 2008 in the Federal Register Current law cost reimbursement for clinical diagnostic no later than August 15, 2007 with a public The Medicare Prescription Drug, Improve- tests covered under Part B that are provided comment period. The final set of measures ment, and Modernization Act of 2003 (MMA) as outpatient services. The provision applied appropriate for eligible professionals to use required the Secretary to establish a basic to services furnished during a cost-reporting to submit quality data in 2008 would be pub- case-mix adjusted prospective payment sys- period beginning during the 2-year period lished no later than November 15, 2007. tem for dialysis services furnished either at starting July, 1, 2004. The Secretary would be required to estab- a facility or in a patient’s home, for services Explanation of provision lish a Physician Assistance and Quality Ini- furnished beginning on January 1, 2005. The tiative Fund which would be available to the The provision is modified to apply to serv- basic case-mix adjusted system has two com- ices furnished during a cost-reporting period Secretary for physician payment and quality ponents: (1) the composite rate, which covers improvement initiatives. Such initiatives beginning during the 3-year period starting services, including dialysis; and (2) a drug July 1, 2004. The provision is effective as if may include application of an adjustment to add-on adjustment for the difference between included in the enactment of MMA. the update to the conversion factor. The the payment amounts for separately billable amount available to the Fund would be $1.35 drugs and biologicals and their acquisition SECTION 106. HOSPITAL MEDICARE REPORTS AND billion for 2008. The Secretary would be re- costs, as determined by Inspector General CLARIFICATIONS quired to provide for expenditures from the Reports. (a) Correction of mid-year reclassification ex- Fund for the obligation of the entire amount The Secretary is required to update the piration (to the maximum extent feasible) for pay- basic case-mix adjusted payment amounts Current law ment for physicians services furnished in annually beginning with 2006, but only for 2008. The specified amount available to the that portion of the case-mix adjusted system Section 508 of the Medicare Prescription Fund would be made to the Fund from the that is represented by the add-on adjustment Drug, Improvement and Modernization Act Part B trust fund as expenditures are made and not for the portion represented by the of 2003 (MMA) established a one-time-only from the Fund. The amounts in the Fund are composite rate. The DRA increased the com- appeals procedure to provide relief for cer- to be available in advance of appropriations, posite rate component of the basic case-mix tain hospitals that could not meet the exist- but only if the total amount obligated to the adjusted system for services beginning Janu- ing reclassification criteria used by the Fund does not exceed the amount available ary 1, 2006 by 1.6%, over the amount paid in Medicare Geographic Classification Review to it. The Secretary may obligate funds from 2005. For 2006, the base composite rate is Board (MGCRB). The Section 508 reclassi- the Fund only if the Secretary determines $130.40 for independent ESRD facilities and fications appeals were heard by the MGCRB (and the CMS Chief actuary and the appro- $134.53 for hospital-based ESRD facilities. and were not subject to further administra- priate budget officer certifies) that there are The total drug add-on adjustment, with in- tive or judicial review. The Section 508 re- sufficient amounts available in the Fund. If flation, is 14.5%. classifications are effective for 3 years, be- the expenditures from the fund affect the Explanation of provision ginning on April 1, 2004 and ending on March conversion factor for a year, this would not The composite rate component of the basic 31, 2007. Congress allocated $900 million over affect the computation of the conversion fac- case-mix adjusted system shall be increased 3 years to fund this provision. Generally tor for a subsequent year. by 1.6 percent above the 2005 rate, for serv- speaking, unless otherwise specified by law, The Secretary would be required to trans- ices furnished on or after January 1, 2006 and the MGCRB’s classification decisions are refer $60 million from the Part B trust fund to before April 1, 2007. For services furnished on quired to have a budget neutral effect in the the CMS Program Management Account for or after April 1, 2007, the composite rate inpatient prospective payment system the period of FY 2007, FY 2008, and FY 2009 component of the basic case-mix adjusted (IPPS). for the purposes of implementing this sec- system shall by increased by 1.6 percent, Explanation of provision tion. above the amount of such rate for services The provision would extend wage index re- SECTION 102. EXTENSION OF FLOOR ON MEDICARE furnished on March 31, 2007. classifications that expire on March 31, 2007 Not later than January 1, 2009, GAO shall WORK GEOGRAPHIC ADJUSTMENT until September 30, 2007. This provision submit a report to Congress on the costs for Current law home hemodialysis treatment and patient would not be implemented in a budget neu- Medicare’s physician fee schedule assigns training for both home hemodialysis and tral fashion. relative values to services that reflect physi- peritoneal dialysis. The report shall include (b) Revision of the Medicare wage index clas- cian work (i.e., the time, skill, and intensity recommendations for a payment method- sification system it takes to provide the service), practice ex- ology that measures, and is based on, the Current law penses, and malpractice costs. The relative cost of providing such services and takes As directed by Medicare statute, the values are adjusted for geographic variations into account the case mix of patients. amount of a hospital’s operating and capital in costs. The adjusted relative values are SECTION 104. EXTENSION OF TREATMENT OF CER- then converted into a dollar payment payments will vary according to the relative TAIN PHYSICIAN PATHOLOGY SERVICES UNDER level of hospital wages in its geographic area amount by a conversion factor. MEDICARE The geographic adjustment factors are in- compared to the national average. The geo- Current law dices that reflect the relative cost difference graphic areas or hospital labor markets that in a given area in comparison to a national In general, independent laboratories can- have been used by Medicare are urban areas average. An area with costs above the na- not directly bill for the technical component as established by the Office of Management tional average would have an index greater of pathology services provided to Medicare and Budget (OMB). Essentially, a hospital’s than 1.00 while an area with costs below the beneficiaries who are inpatients or out- payment will depend upon whether it is in an average would have an index below 1.00. The patients of acute care hospitals. The Medi- urban area (and if so, which one) and the physician work geographic adjustment fac- care, Medicaid, and SCHIP Benefits Improve- wage data reported by the hospitals in that tor is based on a sample of median hourly ment and Protection Act of 2000 (BIPA) per- area. Counties that are not in an urban area earnings in six professional specialty occupa- mitted independent laboratories with exist- are grouped into one statewide rural labor tional categories. Unlike the other geo- ing arrangements with acute care hospitals market. Also, with modifications, the hos- to bill Medicare separately for the technical graphic adjustments, the work adjustment pital wage data are used to adjust for geo- component of pathology services provided to factor reflects only one-quarter of the cost graphic cost differences in Medicare’s pay- inpatients and outpatients. The arrangement differences in an area. The practice expense ment systems for other services, such as in- between the hospital and the independent adjustment factor is based on employee patient rehabilitation facility (IRF), long- laboratory had to be in effect as of July 22, wages, office rents, medical equipment and term care hospital (LTCH), home health 1999. The direct payments for these services supplies. The malpractice adjustment factor agency (HHA), skilled nursing facility (SNF), applied to services furnished during 2001 and reflects differences in malpractice insurance and hospice care. Unlike these other pro- 2002. MMA applied the provision to services costs. The Secretary is required to periodi- viders, IPPS hospitals have an administra- furnished during 2005 and 2006. cally review and adjust the geographic indi- tive process, through appeals to the Board ces. Explanation of provision (the Board), to reclassify to different geo- MMA required the Secretary to increase The provision is extended through 2007. graphic areas. Other statutory provisions af- the value of any work geographic index that SECTION 105. EXTENSION OF MEDICARE REASON- fecting hospital’s geographic designation was below 1.00 to 1.00 for services furnished ABLE COSTS PAYMENTS FOR CERTAIN CLIN- also have been established. on or after January 1, 2004 and before Janu- ICAL DIAGNOSTIC LABORATORY TESTS FUR- Explanation of provision ary 1, 2007. NISHED TO HOSPITAL PATIENTS IN CERTAIN The Medicare Payment Advisory Commis- Explanation of provision RURAL AREAS sion (MedPAC) would be required to submit a The requirement is extended for an addi- Current law report to Congress no later than June 30, 2007 tional year, for services provided before Jan- Generally, hospitals that provide clinical on the wage index classification system used uary 1, 2008. diagnostic laboratory tests under Part B are in Medicare’s prospective payment systems,

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11653 including IPPS. This report would include for these drugs are based on an average sales pliance or the measures have subsequently recommendations for alternatives to the cur- price (ASP) payment methodology, which been shown not to represent the best clinical rent methods used to compute the wage sets payments at the weighted average ASP practice. index. $2 million in funds in the Treasury plus 6%; the Secretary has the authority to The Secretary would be required to estab- would be appropriated to MedPAC for FY reduce the ASP payment amount if the wide- lish procedures for making the submitted 2007 for these activities. The Secretary would ly available market price is significantly data available to the public. These proce- be required to include in the proposed rule below the ASP. Alternatively, beginning in dures would ensure that a hospital has the making process for FY 2009 one or more pro- 2006, drugs can be provided through a newly opportunity to review data prior to being posals to revise the IPPS wage adjustment, established competitive acquisition program made available to the public. The Secretary after taking into account MedPAC’s rec- (CAP). The intent of the program is to en- would be required to report quality measures ommendations. The proposals would consider able physicians to acquire certain drugs from of process, structure, outcome, patients’ per- problems associated with labor market defi- an approved CAP vendor thereby enabling spective on care, efficiency, and costs of care nitions; modification or elimination of geo- them to reduce the time they spend buying on the Internet website of the Centers for graphic reclassifications and other adjust- and billing for drugs. Medicare and Medicaid Services. Other con- ments; the use of Bureau of Labor Statistics Explanation of provision forming amendments would also be estab- data to calculate relative wages; minimizing lished. The provision deletes the requirement that variations in wage index adjustments be- payments to CAP contractors are condi- (b) Application to ambulatory surgical centers tween and within metropolitan statistical tioned upon the administration of the drugs Current law areas and rural areas; the feasibility of ap- and biologicals. The provision specifies that Presently, Medicare pays for surgery-re- plying all components of the proposal to payment may only be made to the con- lated facility services in an ambulatory sur- other settings, including HHAs and SNFs; tractor upon receipt of a claim for a drug or gical center (ASC) based on a fee schedule. methods to minimize the volatility of wage biological supplied by the contractor for ad- The Medicare Prescription Drug, Improve- index adjustments while maintaining the ministration to a beneficiary. Further, the ment, and Modernization Act of 2006 (MMA) budget neutrality; the effect on health care Secretary is required to establish a post-pay- required the Secretary to implement a re- providers and on each region of the country; ment review process to assure that payment vised payment system for ASCs no later than implementation of proposal, including the is made for a drug or biological only if it has January 1, 2008, taking into account rec- transition methods; and occupational mix been administered. The process of ommendations issued by a required report issues such as staffing practices, effect on postpayment review may be established by from the Government Accountability Office quality of care and alternative recommenda- program instruction or otherwise and may (GAO). The GAO report, which has just been tions. include the use of statistical sampling. The issued, was required to examine the relative (c) Elimination of unnecessary report Secretary is required to recoup, offset or col- costs of ASC services to those in hospital The Secretary is required to submit a re- lect any overpayments determined by the outpatient departments. GAO was also report to Congress that includes an initial esti- Secretary under this process. quired to recommend whether CMS should mate of the percentage update (change fac- The section further clarifies that nothing use the outpatient prospective payment sys- tor) in the per discharge payment amounts. in this provision is to be construed as requir- tem as the basis for the revised ASC system. The Secretary’s estimate is required to take ing any additional competition by entities Total payments under the new system into consideration the recommendations of under the CAP program. Further the provi- should be equal to total projected payments MedPAC and may vary for hospitals in dif- sion is not to be construed as requiring any under the old system. ferent geographic areas. additional process for elections by physi- Explanation of provision Explanation of provision cians under the program or additional selec- In the revised payment system, the Sec- This provision would eliminate the re- tion by a selecting physician of a CAP con- retary would be able to provide for a reduc- quirement that the Secretary include rec- tractor. The provision applies to payments tion in any annual update of 2.0 percentage ommendations with respect to the update for drugs and biologicals supplied on or after points for failure to report required quality factors no later than March 1 before the be- April 1, 2007. Additionally, the provision ap- measures. A reduction under this provision ginning of the fiscal year. plies on or after July 1, 2006 and before April would only apply to payments for the year SECTION 107. EXTENSION OF PAYMENT RULE FOR 1, 2007, for claims that are paid before April involved and would not be taken into ac- BRACHYTHERAPY 1, 2007. count when computing any annual increase Current law SECTION 109. QUALITY REPORTING FOR HOSPITAL factor in subsequent years. Except as other- The Medicare Prescription Drug, Improve- OUTPATIENT SERVICES AND AMBULATORY wise provided by the Secretary, the provi- ment and Modernization Act of 2003 (MMA) SURGICAL CENTER SERVICES sions of subparagraphs (B), (C), (D), and (E) established that brachytherapy devices con- (a) Outpatient hospital services of the newly established Section 1833(t)(17) sisting of radioactive sources (or seeds) Current law concerning the form and submission of data, would be paid on the basis of a hospital’s Each year the hospital outpatient depart- the development of outpatient measures, the cost for such device (computed by reducing a ment (OPD) fee schedule is increased by a replacement of measures, and the avail- hospital’s charges to costs) for services fur- factor that is generally based on the hospital ability of quality measures in a hospital out- nished starting January 1, 2004 until January market basket (MB) percentage increase. In patient setting would apply to ASC services. 1, 2007. The Secretary was directed to create certain years, the MB has been reduced by (c) Effective date additional groups of covered OPD services percentage points as specified by statute. Current law that classify such devices separately from Explanation of provision No provision. other services (or group of services) in a manner that reflects the number, isotope, Starting in 2009 and for each subsequent Explanation of provision and radioactive intensity, including separate year, a hospital paid under the inpatient pro- The amendments made by the section groups for palladium-103 and iodine-125 de- spective payment system (IPPS) that does would apply to payment for services fur- vices. Starting January 1, 2007, CMS will not submit required measures will receive an nished starting January 1, 2009. continue to pay separately for OPD fee schedule increase of the MB minus SECTION 110. REPORTING OF ANEMIA QUALITY IN- brachytherapy sources, but will base pay- 2.0 percentage points. A reduction under this DICATORS FOR MEDICARE PART B CANCER ment on the source-specific median costs. provision would only apply to payments for ANTI-ANEMIA DRUGS the year involved and would not be taken CMS declined to create new brachytherapy Current law into account when computing the OPD fee source codes to differentiate stranded from Medicare Part B covers certain drugs used unstranded brachytherapy sources. schedule increase in a subsequent year. Each IPPS hospital is required to submit as anticancer chemotherapeutic agents, and Explanation of provision data on measures under this section in the certain oral anti-emetic drugs and This provision would extend payment for form, manner, and timing specified by the biologicals used as part of an anticancer brachytherapy sources on the basis of a hos- Secretary. The Secretary would be required chemotherapeutic regimen. Medicare also pital’s charges adjusted to cost until Janu- to develop appropriate measures for the covers certain drugs and biologicals to ary 1, 2008. The provision also directs the measurement of the quality of care (includ- counter anemia for chronic kidney disease Secretary to create additional groups of cov- ing medication errors) furnished by hospitals and cancer patients. At present, Medicare ered OPD services for stranded and non- in outpatient settings and that reflect con- Part B requires hemoglobin or hematocrit stranded brachytherapy devices furnished on sensus among affected parties. To the extent levels to be reported only for certain chronic or after July 1, 2007. These provisions may be feasible and practicable, the measures shall kidney disease (dialysis) patients, but not for implemented by program instruction or oth- include those set forth by one or more na- cancer patients. MedPAC has recommended erwise. tional consensus building entities. Nothing that the hemoglobin or hematocrit levels be SECTION 108. PAYMENT PROCESS UNDER THE would prevent the Secretary from selecting reported for patients receiving anti-anemia COMPETITIVE ACQUISITION PROGRAM (CAP) the IPPS quality measures or a subset of drugs. Current law such measures. The Secretary would be able Explanation of provision MMA revised the way Medicare pays for to replace any measures as appropriate, such The provision requires that all Part B Part B drugs. Beginning in 2005, payments as where all hospitals are effectively in com- claims submitted for drugs for treatment of

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11654 CONGRESSIONAL RECORD — SENATE December 8, 2006 anemia in connection with cancer chemo- physical therapy and occupational therapy centive payments would be paid to physi- therapy include the hemoglobin or hemato- caps. The individual may obtain such excep- cians participating in practices that provide crit levels for the individual. The information if the provision of services is deter- ‘‘medical home’’ services. Medical homes are tion is to be submitted in the form and man- mined medically necessary. The exceptions physician practices in charge of targeting ner specified by the Secretary after full no- process only applies for 2006. beneficiaries for project participation. They tice-and-comment rulemaking as part of the Explanation of provision are responsible for: (1) providing safe and se- physician fee schedule update rule in 2007. cure technology to promote patient access to The provision extends the exceptions proc- The provision applies to drugs and personal health information; (2) developing a ess through 2007. biologicals furnished on or after January 1, health assessment tool for the targeted indi- 2008. SECTION 202. PAYMENT FOR ADMINISTRATION OF viduals; and (3) providing training for per- PART D VACCINES SECTION 111. CLARIFICATION OF HOSPICE sonnel involved in the coordination of care. SATELLITE DESIGNATION Current Law The project is to operate for three years in urban, rural, and underserved areas in up to Current law Medicare Part B covers pneumoccoccal vaccine and its administration, influenza 8 states and would include physician prac- Section 1814(i)(2)(A) of the Social Security tices with fewer than three full-time equiva- Act limits total Medicare payment amounts vaccine and its administration, and hepatitis B vaccine and its administration when fur- lent physicians, as well as larger practices, to individual hospice providers by an abso- particularly in rural and underserved areas. lute dollar amount, or ‘‘cap amount.’’ This nished to a high or intermediate risk individual. Medicare Part D covers other vac- In addition to meeting Medicare require- amount is based on the number of Medicare ments for physicians, personal physicians patients the agency serves and is calculated cines licensed under the Public Health Serv- ice Act. who provide first contact and continuous by dividing total payments to a hospice per care for their patients must be board cer- year by the total number of beneficiaries Explanation of provision tified. Personal physicians must also have served to get the per beneficiary payment The provision specifies that during 2007, staff and resources to manage the com- amount. If the per beneficiary payment the administration costs for a vaccine paid prehensive and coordinated health care of amount does not exceed the cap amount, the under Part D are to be paid under Part B as each of their patients. Participating physi- hospice may retain all payments. If the re- if it were the administration of a hepatitis B cians may be specialists or subspecialists for sult exceeds the cap amount, the hospice drug covered under Part B. Beginning in patients requiring ongoing care for specific must repay excess funds to the Medicare pro- 2008, Part D coverage will include the admin- conditions, multiple chronic conditions (e.g., gram. For purposes of calculating whether or istration costs. severe asthma, complex diabetes, cardio- not a hospice exceeds the cap amount, in- SECTION 203. OIG STUDY OF NEVER EVENTS vascular disease, and rheumatologic dis- creasing the number of beneficiaries a hos- Current law order), or for those with a prolonged illness. pice serves reduces the per beneficiary pay- Personal physicians must perform (or pro- ment amount. A lower per beneficiary pay- No provision. vide for the performance of): (1) advocates ment amount reduces the likelihood that a Explanation of provision for and provides ongoing support, oversight, hospice will exceed the annual hospice cap The Office of the Inspector General (OIG) and guidance to implement a plan of care; and be required to repay excess funds to the in the Department of Health and Human that provides an integrated, coherent, cross Medicare program. Services would be required to conduct a discipline plan for ongoing medical care de- Explanation of provision study on the incidence of never events for veloped in partnership with patients and in- For purposes of calculating the hospice cap Medicare beneficiaries, including types of cluding all other physicians furnishing care for 2004, 2005 and 2006 and for hospice care such events and payments by any party, in- to the patient involved and other appro- provided after November 1, 2003 and before cluding beneficiaries, of such events. This priate medical personnel or agencies (such as December 27, 2005, this provision would des- study would also include the extent to which home health agencies); (2) uses evidence- ignate hospice with provider number 290–1511 Medicare paid, denied or recouped payment based medicine and clinical decision support as a multiple location of hospice with pro- for such services as well as the administra- tools to guide decision-making at the point- vider number 29–1500. tive processes of the Centers for Medicare of-care (based on patient-specific factors); (3) Title II—Medicare Beneficiary Protections and Medicaid Services (CMS) to identify uses health information technology that SECTION 201. EXTENSION OF EXCEPTIONS such events and to deny or recoup associated may include remote monitoring and patient PROCESS FOR MEDICARE THERAPY CAPS payments. The OIG would be required to registries; and (4) encourages patients to engage in management of their own health Current law audit a representative sample of claims and medical records of the events; would be able through education and support systems. The Balanced Budget Act of 1997 estab- to request access to claims and records from Payments for care management to per- lished annual per beneficiary payment limits any Medicare contractor; and would not be sonal physicians are to be provided under a for all outpatient therapy services provided able to release individually identifiable or care management fee under section 1848 of by non-hospital providers. The limits applied facility specific information. The OIG would the Social Security Act. The Secretary to services provided by independent thera- be required to submit a report to Congress would be required to develop a care manage- pists as well as to those provided by com- no later than two years from enactment. ment fee code and a value for these pay- prehensive outpatient rehabilitation facili- This report would include recommendations ments using the relative value scale update ties (CORFs) and other rehabilitation agen- for legislative or administrative action on committee (RUC) process. cies. The limits did not apply to outpatient the processes to identify, deny or recoup Payments for a medical home shall be services provided by hospitals. payments for never events. The report will based on the payment methodology applied Beginning in 1999, there were two bene- to physician group practices under section ficiary limits. The first was a $1,500 per bene- also provide a recommendation on a potential process for public disclosure of never 1866A of the Social Security Act. Under this ficiary annual cap for all outpatient physical methodology, 80% of Medicare reductions therapy services and speech language pathol- events that ensures patient privacy and permits the use of disclosed information for (determined by using assumptions with re- ogy services. The second was a $1,500 per ben- spect to the reductions in the occurrence of eficiary annual cap for all outpatient occu- root cause analysis. $3 million of funds in the Treasury will be appropriated which will be health complications, hospitalization rates, pational therapy services. Beginning in 2002, medical errors, and adverse drug reactions) the amount would increase by the Medicare available until January 1, 2010. Never events are those that are listed and endorsed as ‘‘se- resulting from the medical home participa- economic index (MEI) rounded to the nearest tion (as reduced by the total project-related multiple of $10. rious reportable events’’ by the National Quality Forum as of November 16, 2006. care management fees), would be paid to the The Balanced Budget Refinement Act of medical home. Project payments are to be 1999 (BBRA) suspended application of the SECTION 204. MEDICARE MEDICAL HOME paid from part B. limits for 2000 and 2001. The Medicare, Med- DEMONSTRATION PROJECT The Secretary would be required to provide icaid, and SCHIP Benefits Improvement and Current law a yearly project evaluation and submit it to Protection Act of 2000 (BIPA) extended the No provision. Congress on a date specified by the Sec- suspension through 2002. Implementation of retary. In addition, the Secretary would be Explanation of provision the provision was delayed until September required to submit to Congress a project 2003. The caps were implemented from Sep- The Secretary is required to establish a evaluation no later than one year after tember 1, 2003 through December 7, 2003. medical home demonstration project in project completion. Medicare law for the purpose of redesigning MMA reinstated the moratorium from De- SECTION 205. MEDICARE DRA TECHNICAL the healthcare delivery system to provide cember 8, 2003 through December 31, 2005. CORRECTIONS The caps went into effect again beginning targeted, accessible, continuous and coordi- January 1, 2006. The 2006 caps are each $1,740. nated, family-centered care to high-need (a) PACE clarification However, DRA required the Secretary to im- populations (i.e., those with multiple chronic Current law plement an exceptions process for expenses illnesses that require regular monitoring, ad- The Secretary appropriated $10 million for incurred in 2006. Under the process, a part B vising, or treatment). FY2006 for the outlier funds for rural PACE enrollee, or a person acting on behalf of the Under the project, case management fees providers. Outlier costs are those inpatient enrollee, can request an exception from the would be paid to personal physicians, and in- and other costs in excess of $50,000 incurred

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11655 within a given 12-month period by a PACE missible election changes include FFS with a Care Fraud and Abuse Control Program. The provider for an eligible participant who re- stand-alone PDP to a PFFS or MSA plan program is financed via the Federal Hospital sides in a rural area. These appropriated with the same stand-alone PDP or FFS with Insurance Trust Fund. funds would remain available for expenditure a stand-alone PDP to a PFFS–PD. Individ- Explanation of provision through FY2010. uals who did not elect prescription drug cov- Section 302 would allow the Centers for Explanation of provision erage during the annual election period can- Medicare and Medicaid Services (CMS) to not elect prescription drug coverage during The amendment clarifies that the appro- continue using recovery audit contractors to this one-time change period. priated $10 million would be applied to fiscal identify both under and overpayments made years 2006 through 2010, rather than only for Explanation of provision under Medicare Parts A and B and recoup FY2006. It also specifies that the funds would For 2007 and 2008, the provision modifies any overpayments made to providers. To pay remain available for obligation, rather than current law such that an unenrolled fee-for- the contractors, the Secretary would be re- for expenditure, through FY2010. service individual can make a one-time quired to use only those funds recovered by the contractors. From these recoveries, the (b) Miscellaneous technical corrections change to their coverage election on any date during the year. An unenrolled indi- bill would require the Secretary to pay the (1) Correction of margin (section 5001) vidual is defined as an individual who is re- contractors in two ways: (1) on a contingent Current law ceiving benefits under original Medicare basis for collecting overpayments; and (2) in amounts that the Secretary may specify for No provision. FFS, is not enrolled in an MA plan on such date; and as of such date is not otherwise eli- identifying underpayments. A portion of the Explanation of provision recovered funds would be available to the gible to elect to enroll in an MA plan. Per- Section 1886(b)(3)(B) of the Social Security CMS program management account for ac- missible coverage election changes for an Act (42 U.S.C. 1395ww(b)(3)(B)), as amended tivities conducted under the recovery audit unenrolled individual include: (1) FFS to an by section 5001(a) of the Deficit Reduction contractor program. Any remaining recov- MA plan with no drug coverage and (2) FFS Act of 2005 (Public Law 109–171), is amended ered amounts—those recoveries that are not with a stand-alone prescription drug plan to by moving clause (viii) (including subclauses paid to the contractors or applied to the an MA plan with the same stand-alone pre- (I) through (VII) of such clause) 6 ems to the CMS program management account—would scription drug plan. As such, this provision left. be used to reduce expenditures under Medi- effectively permits only MA plans with no (2) Reference Correction (Section 5114) care Parts A and B. It is also expected that drug coverage to enroll individuals through- CMS will rectify any identified underpay- Current law out the year. MA plans that integrate pre- ments. Each contract would be required to This P.L. 109–171 provision modified the scription drug coverage into their benefit provide that audit and recovery activities be first sentence of section 1842(b)(6)(F) of the packages would be kept under the current conducted during the fiscal year and retro- Social Security Act to add a new paragraph law provision, that is, they would not be al- spectively for not more than 4 fiscal years. H to 1842(b)(6) so that a federally qualified lowed to enroll individuals throughout the The Secretary would be allowed to waive health center (FQHC) would be paid directly year. Medicare statutory provisions to pay for the for FQHC services provided by a health care Title III—Medicare Program Integrity Efforts services of the recovery audit contractors. professional under contract with that FQHC. SECTION 301. OFFSETTING ADJUSTMENT IN By January 1, 2010, the Secretary would be Explanation of provision MEDICARE ADVANTAGE STABILIZATION FUND required to contract with enough recovery Current law audit contractors to cover Medicare activi- Instead of modifying section 1842(b)(6)(F) ties in all states. When awarding contracts, to add paragraph H, the amendment would The Medicare Prescription Drug, Improve- the Secretary would be required to contract modify section 1842(b)(6) of the Social Secu- ment, and Modernization Act of 2003 estab- only with recovery audit contractors that rity Act. lished a stabilization fund to provide incen- have the staff with the appropriate clinical (c) Effective date tives for plans to enter into and to remain in knowledge of and experience with Medicare the Medicare Advantage regional program. These amendments would become effective payment rules and regulations, or recovery Money in the fund is available to the Sec- as if they had been included in DRA 2005, en- audit contractors that will contract with an- retary for expenditures from January 1, 2007 acted on February 8, 2006. other entity that has the staff with the ap- to December 31, 2013. Initially $10 billion is propriate knowledge of and experience with SEC. 206. CONTINUOUS OPEN ENROLLMENT INTO to be provided to the stabilization fund and Medicare payment rules and regulations. The CERTAIN MEDICARE ADVANTAGE PLANS additional amounts are to be added to the Secretary shall give preference to entities Current law fund from a portion of any average per cap- with more than 3 years direct management Individuals entitled to Medicare part A or ita monthly savings amounts. The secretary experience and a demonstrated proficiency enrolled in part B can choose to receive is responsible for determining the amounts in audits with private insurers, health care Medicare benefits by enrolling in a Medicare that may be given to MA plans from this providers, health plans, state Medicaid pro- Advantage plan. Individuals enrolled in a fund, based on statutory requirements. For grams or Medicare. Recovery audit contrac- Medicare Advantage (MA) plan who also example, the national bonus payment will be tors cannot be fiscal intermediaries, car- want to receive Medicare prescription drug available to an MA organization that offers riers, or Medicare Administrative Contrac- coverage may obtain prescription drug cov- an MA regional plan in every MA region in tors, and the recovery of overpayments by erage through that MA plan. MA enrollees the year, but only if there was no national these contractors would not prohibit the may not also enroll in a stand-alone pre- plan in the previous year. Secretary or the Attorney General from scription drug plan under part D, except for: Explanation of provision prosecuting allegations of fraud and abuse arising from these overpayments. (1) enrollees in private fee-for-service MA This provision would delay the initial plans that do not offer qualified prescription Finally, the Secretary would be required to availability of the stabilization fund until submit a report to Congress annually on the drug coverage or (2) enrollees in Medical January 1, 2012, and reduce the amount of use of these recovery audit contractors. Spe- Savings Accounts MA plans. the fund to $3.5 billion. cifically the report would include informa- In general, individuals can make a cov- SECTION 302. EXTENSION AND EXPANSION OF RE- tion on the performance of these contractors erage election during the annual election pe- COVERY AUDIT CONTRACTOR PROGRAM UNDER as it relates to identifying over and under- riod, which in 2006 and beyond, begins on No- THE MEDICARE INTEGRITY PROGRAM payments and in collecting overpayments. vember 15 and ends on December 31. During The report would also be required to include this time, beneficiaries can elect to receive (a) Use of recovery audit contractors Current law an evaluation of the comparative perform- benefits through original Medicare fee-for- ance of these contractors and any Medicare service (FFS) program or an MA plan. Indi- The Medicare Prescription Drug, Improve- savings that have accrued as a result of their viduals also can elect to enroll in a stand- ment, and Modernization Act of 2003 (PL 108– activities. alone prescription drug plan or an MA plan 73) authorized a 3-year demonstration that offers drug coverage. Under certain cir- project using recovery audit contractors to (b) Access to Coordination of Benefits Con- cumstances, an individual may be afforded a identify both under- and overpayments made tractor database special election period outside of the annual to Part A and B Medicare providers and re- Current law election period, during which time they can coup overpayments in the Medicare program. The Coordination of Benefits (COB) Con- change their coverage election. The demonstration is being conducted as tractor consolidates the activities that sup- Beginning in 2007, individuals can change part of the Medicare Integrity Program, cre- port the collection, management, and report- their coverage elections one time between ated by section 1893 of the Social Security ing of other insurance coverage for Medicare January 1 and March 31. Permissible election Act, which enables the Secretary to enter beneficiaries. The purposes of the COB pro- changes during this period include: FFS to into contracts with entities to carry out a gram are to identify the health benefits an MA plan; MA plan to FFS; MA plan to a range of activities designed to prevent available to a Medicare beneficiary and to different MA plan; FFS with stand-alone pre- health care fraud and abuse in Parts A and B coordinate the payment process to prevent scription drug coverage to an MA–PD; MA– of the Medicare program. The Medicare In- mistaken payment of Medicare benefits. PD to a different MA–PD; and MA–PD to tegrity Program was established by the Explanation of provision FFS with a stand-alone prescription drug Health Insurance Portability and Account- For the purpose of carrying out their audit plan. With respect to PFFS plans, the per- ability Act of 1996 along with the Health and recovery activities, the Secretary of

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11656 CONGRESSIONAL RECORD — SENATE December 8, 2006 HHS would provide recovery audit contrac- (b) Federal Bureau of Investigations for matching grants to states to provide ab- tors with access to the database of the Co- Current law stinence education and, at state option, men- ordination of Benefits Contractors of the toring, counseling, and adult supervision to The Health Insurance Portability and Ac- Centers for Medicare and Medicaid Services promote abstinence from sexual activity, countability Act of 1996 (HIPAA, P.L. 104–91) during the current fiscal year and for a pe- with a focus on groups that are most likely riod of up to 4 fiscal years prior to the cur- established section 1128C of the Social Secu- to bear children out-of-wedlock. Funds must rent fiscal year. rity Act, which authorized the creation of a be requested by states when they apply for national health care fraud and abuse control Maternal and Child Health Services (MCH) (c) Conforming amendments to current dem- program headed by the Secretary of HHS and onstration project Block Grant funds and must be used exclu- the Attorney General. In Section 1817(k) of sively for the teaching of abstinence. States Current law the Social Security Act, HIPAA created an must match every $4 in federal funds with $3 Section 306 of the Medicare Prescription expenditure account within the Medicare in state funds. Drug, Improvement, and Modernization Act Federal Hospital Insurance Trust Fund A state’s allotment of abstinence edu- of 2003 requires that the Secretary’s dem- called the Health Care Fraud and Abuse Con- cation block grant program funding is based onstration project using recovery audit control (HCFAC) Account. Within the HFCFAC on the proportion of low-income children in tractors last for no longer than 3 years. After account, the legislation appropriated funds the state as compared to the national total. the completion of the program, the Sec- to HHS and DOJ at an amount of $104 million Funding for the abstinence education block retary shall submit to Congress a report on in FY97 and for FY98 through FY03 at annual grant has been extended a number of times, the project and its impact on savings to the increases of 15% above the preceding year. most recently through December 31, 2006 by Medicare program. For each fiscal year after 2003, the annual the Deficit Reduction Act of 2005. Explanation of provision appropriation available to HHS and DOJ was Explanation of provision to be capped at the FY2003 level of $240.6 mil- The provision would continue the use of re- The provision would extend TMA under lion. The legislation also established a sepa- covery audit contractors under the dem- Section 1925 of the Social Security Act rate funding stream within the HCFAC ac- onstration until all contracts could be en- through June 30, 2007. It would also fund the tered into. The provision would also elimi- count to support activities undertaken by abstinence education block grant program nate the requirement that the Secretary sub- the FBI. Funding for the FBI was increased through June 30, 2007 at the level provided mit to Congress a report not later than 6 from $47 million in FY97 to $114 million in through the third quarter of FY2006. months after the project’s completion on the FY03. The legislation capped FBI funding at SECTION 402. GRANTS FOR RESEARCH ON VACCINE impact of recovery audit contractors’ activi- the FY03 level for FY03 and beyond. AGAINST VALLEY FEVER ties on Medicare savings. Explanation of provision Current law SECTION 303. FUNDING FOR THE HEALTH CARE Section 303 would extend the annual appro- FRAUD AND ABUSE CONTROL ACCOUNT Under existing National Institutes of priation to the Federal Bureau of Investiga- Health (NIH) authority, the National Insti- (a) Departments of Health and Human Serv- tions (FBI). For fiscal years 2007 through tute on Allergy and Infectious Diseases has ices and Justice 2010, the annual appropriation would be the supported projects to study coccidioidomy- Current law limit for the preceding year plus the percent- cosis, known as Valley Fever. Grants have The Health Insurance Portability and Ac- age increase in the consumer price index for included projects to study the organism that countability Act of 1996 (HIPAA, P.L. 104–91) all urban consumers. For each fiscal year causes Valley Fever; to improve the ability established section 1128C of the Social Secu- after 2010, the legislation would cap the ap- to evaluate vaccine candidates; to support rity Act, which authorized the creation of a propriation at the FY2010 level. the clinical development of potential drug national health care fraud and abuse control SECTION 304. IMPLEMENTATION FUNDING therapies; and to support acquisition of program headed by the Secretary of HHS and Current law equipment and facilities for research on the the Attorney General. In section 1817(k) of disease, among others. No current law. the Social Security Act, HIPAA created an Explanation of provision Explanation of provision expenditure account within the Medicare The Secretary is required to conduct re- Federal Hospital Insurance Trust Fund For implementation of provisions and search on the development of a vaccine called the Health Care Fraud and Abuse Con- amendments made by this title and titles I against coccidioidomycosis, known as Valley trol (HCFAC) Account. Within the HFCFAC and II of this division, other than the section Fever. Grants may not be made on or after account, the legislation appropriated funds requiring the Inspector General in the De- October 1, 2012. This does not have any legal to HHS and DOJ at an amount of $104 million partment of Health and Human Services to effect on payments for grants for which in FY97 and for FY98 through FY03 at annual conduct a study of newer events, the provi- amounts appropriated under this section increases of 15% above the preceding year. sion would require the Secretary of Health were obligated prior to October 1, 2012. For each fiscal year after 2003, the annual and Human Services to transfer $45,000,000 to To carry out this section, $40 million is au- appropriation available to HHS and DOJ was the CMS Program Management Account for thorized for fiscal years 2007–2012. to be capped at the FY2003 level of $240.6 mil- FY2007 and FY2008, from the Federal Insur- SECTION 403. CHANGE IN THRESHOLD FOR MED- lion. The legislation also established a sepa- ance Trust Fund, and the Federal Supple- ICAID INDIRECT HOLD HARMLESS PROVISION rate funding stream within the HCFAC ac- mentary Medical Insurance Trust, in appro- OF BROAD-BASED HEALTH CARE TAXES count to support activities undertaken by priate proportions. the FBI. Funding for the FBI was increased Current law Title IV—Medicaid and Other Health from $47 million in FY97 to $114 million in Under federal law and regulations, a Provisions FY03. The legislation capped FBI funding at state’s ability to use provider-specific taxes the FY03 level for FY03 and beyond. SECTION 401. EXTENSION OF TRANSITIONAL MED- to fund their state share of Medicaid expend- ICAL ASSISTANCE (TMA) AND ABSTINENCE EDU- Explanation of provision itures is limited. If states establish provider CATION PROGRAM Section 303 would extend appropriations specific taxes, those taxes cannot generally for the Health Care Fraud and Abuse Control Current law exceed 25% of the state (or non-federal) share Program through FY06 and beyond. For FY98 States are required to continue Medicaid of Medicaid expenditures and the state can- through FY03, the annual appropriation to benefits for certain low-income families who not provide a guarantee to the providers that HHS and DOJ is the limit for the preceding would otherwise lose coverage because of the taxes will be returned to them. However, fiscal year increased by 15%. For fiscal years changes in their income. This continuation there is what is referred to as a ‘‘safe har- 2007 through 2010, the annual appropriation is known as transitional medical assistance bor.’’ If the taxes returned to a provider are would be the limit for the preceding year (TMA). Federal law permanently requires less than 6% of the provider’s revenues, the plus the percentage increase in the consumer four months of TMA for families who lose prohibition on guaranteeing the return of price index for all urban consumers. For each Medicaid eligibility due to increased child or tax funds is not violated. Those taxes do not fiscal year beyond 2010, the legislation would spousal support collections, as well as those have to undergo the process, defined in sec- cap the appropriation at the FY10 level. who lose eligibility due to an increase in tion 433.68 of Title 42 of the Code of Federal For the Office of the Inspector General of earned income or hours of employment. Con- Regulations, of determining if a guarantee HHS, Section 303 would extend the annual gress expanded work-related TMA under Sec- exists. The President’s FY2006 budget pro- appropriation of $160 million through FY06. tion 1925 of the Social Security Act in 1988, poses to phase the 6% ‘‘safe harbor’’ for pro- For FY07, the bill would increase the FY06 requiring states to provide TMA to families vider taxes down to 3% although no new reg- appropriation to OIG by the percentage in- who lose Medicaid for work-related reasons ulation has been issued on this subject to crease in the consumer price index. For fis- for at least six, and up to 12, months. The date. cal years 2008, 2009, and 2010, the annual ap- sunset date for Section 1925 has been ex- Explanation of provision propriation would increase by the limit for tended a number of times, most recently Beginning on the date of enactment, the the preceding year plus the percentage in- through December 31, 2006 by the Deficit Re- provider tax ‘‘safe harbor’’ upper limit is crease in the consumer price index for all duction Act of 2005. codified at 6%. For the fiscal periods begin- urban consumers. For each fiscal year after Under Section 510 of the Social Security ning on or after January 1, 2008 and ending FY10, the legislation would cap the appro- Act, federal law appropriated $50 million an- before October 1, 2011, the ‘‘safe harbor’’ per- priation at the FY10 level. nually for each of the fiscal years 1998–2003 centage will be reduced from 6% to 5.5%.

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11657 After October 1, 2011, the provider tax ‘‘safe tions for mental diseases or other mental care or services furnished in an emergency harbor’’ percentage will return to 6%. health facilities. The Secretary may not ap- department of a hospital that the physician SECTION 404. DSH ALLOTMENTS FOR FISCAL YEAR prove such plan amendment unless the meth- determines do not constitute an appropriate 2007 FOR TENNESSEE AND HAWAII odology described in the amendment is con- medical screening examination or stabilizing sistent with the requirements under this sec- examination and treatment required to be (A) Tennessee tion for making payment adjustments to dis- provided by the hospital under Medicare law Current law proportionate share hospitals. (Section 1867 of the Social Security Act). Tennessee operates its Medicaid program SECTION 405. CERTAIN MEDICAID DRA TECHNICAL Exemption from cost-sharing for newly eli- under a comprehensive statewide waiver, the CORRECTIONS gible children with disabilities. Section 6062 terms and conditions of which have been ne- of P.L. 109–171 created a new optional Med- (a) Technical corrections relating to state op- gotiated by the state and CMS. Medicaid icaid eligibility group for children with dis- tion for alternative premiums and cost demonstration waivers, authorized under abilities under age 19 who meet the severity sharing (sections 6041 through 6043) Section 1115 of the Social Security Act, of disability required under the Supple- allow states a great deal of flexibility on how Current law mental Security Income program (SSI) with- eligibility for Medicaid is determined, how P.L. 109–171 allows states to impose pre- out regard to any income or asset eligibility Medicaid services are provided, and what miums and cost-sharing for any group of in- requirements applicable under SSI for chil- those services are comprised of. States oper- dividuals for any type of service (except pre- dren, and whose family income does not ex- ating under a waiver are subject to a budget scribed drugs which are treated separately), ceed 300% FPL. (States can exceed 300% neutrality requirement intended to hold pro- through Medicaid state plan amendments FPL, without federal matching funds for gram spending under the waiver to estimates (rather than waivers), subject to specific re- such coverage.) Special premium and cost- of amounts that would have been spent in strictions. Preferred drugs are defined as sharing rules apply to this new group of eli- the absence of the waiver. Because Tennessee those that are the least (or less) costly effec- gibles. receives its Medicaid funds under the provi- tive prescription drugs within a class of Explanation of provision drugs (as defined by the state). Premium and sions of the waiver, it does not receive fed- The definition of preferred drugs would be cost-sharing rules for workers with disabil- eral matching for Medicaid payments to dis- amended to include those that are the most ities were not changed in P.L. 109–171. proportionate share (DSH) hospitals nor do (or more) cost effective prescription drugs Individuals in families with income below they receive an allotment for DSH payments within a class of drugs (as defined by the 100% of the federal poverty line (FPL). Pre- (state by state allotments are calculated state). In addition to separate cost-sharing miums and service-related cost-sharing im- based on a formula in Medicaid law and rep- posed under this option are allowed to vary provisions for prescribed drugs, the amend- resent a federal cap on the amount that the among classes or groups of individuals, or ment would clarify that separate cost-shar- federal government will provide in DSH types of service. Explicit rules are provided ing provisions also apply to non-emergency matching payments to any state.) DSH pay- by income level for those with income be- services provided in an emergency room. ments, however, continue to be counted as a Individuals in families with income below tween 100–150% FPL and for those with in- component in Tennessee’s budget neutrality 100% of the federal poverty line (FPL). The come over 150% FPL. calculation since, in the period prior to the States are allowed to condition the provi- provision would exempt from the general waiver approval, the state was required to sion of medical assistance on the payment of cost-sharing rules in new Section 1916A (a) make DSH payments, and if the waiver had premiums, and to terminate Medicaid eligi- all individuals in families with income below not been granted, the requirement to make bility on the basis of failure to pay a pre- 100% of the federal poverty line (FPL). How- those payments would continue to have ap- mium if that failure continues for at least 60 ever, Section 1916 of Title XIX (nominal cost- plied. days. States may apply this provision to sharing provisions) would still apply to this Explanation of provision some or all groups of beneficiaries, and may income group, as would the comparability rule regarding amount, duration and scope of The provision would establish a DSH allot- waive premium payments in cases where available benefits (Section 1902(a)(10)(B)). ment for the state of Tennessee for fiscal such payments would be an undue hardship. States would still have the option to impose year 2007 equal to the greater of the amount In addition, the provision allows states to the special cost-sharing rules for prescribed that is reflected in the budget neutrality permit providers participating in Medicaid drugs and nonemergency care provided in an provision for the TennCare demonstration to require a Medicaid beneficiary to pay au- emergency room to individuals in families year ending in 2006 and $280 million. Federal thorized cost-sharing as a condition of receiving care or services. Providers may be al- with income below 100% FPL. matching payments to the state for DSH The provision would exempt individuals in lowed to reduce or waive cost-sharing hospitals for fiscal year 2007 would, however, families with income below 100% FPL from be limited to one-third of the DSH allot- amounts on a case-by-case basis. For the purposes of cost-sharing, two in- the provisions defining enforceability of pre- ment. Those amounts would be considered miums and other cost-sharing. Protections TennCare project expenditures and would be come-related groups are identified: (1) individuals in families with income between 100 regarding payment of premiums and cost- subtracted from TennCare demonstration sharing in Section 1916(c)(3) and Section payments for Essential Access Hospital sup- and 150% FPL, and (2) individuals in families with income over 150% FPL. For both 1916(e) would continue to apply to this in- plemental pool payments. The sum of the come group. DSH payments and the Essential Access Hos- groups, the total aggregate amount of all cost-sharing (including special cost sharing The provision would apply the total aggre- pital supplemental pool payments would be gate cap of 5% of family income to individ- prohibited from exceeding the allotment rules for prescribed drugs and emergency room copayments for non-emergency care) uals in families with income below 100% FPL amount. The state would be permitted to for applicable cost-sharing with respect to submit a state plan amendment describing cannot exceed 5% of family income as applied on a quarterly or monthly basis as nominal amounts (as defined in Section the methodology to be used to identify DSH 1916), and prescribed drugs and emergency hospitals and to make payments to such hos- specified by the state. Treatment of non-preferred drug cost-shar- room copayments for non-emergency care pitals. However, the Secretary may not ap- ing. Special cost-sharing for prescribed drugs (as defined in new Sections 1916A(c) and prove the plan amendment unless the meth- is subject to the general 5% aggregate cap on 1916A(e)). odology is consistent with the requirements cost-sharing for individuals with income be- Treatment of non-preferred drug cost-shar- under Section 1923 of the Medicaid Act for tween 100–150% FPL and for individuals with ing. The definition of preferred drugs would making payment adjustments for DSH hos- income over 150% FPL who are not otherwise be amended to include those that are the pitals. exempt from service-related cost-sharing. most (or more) cost effective prescription (B) Hawaii Treatment of non-emergency cost-sharing. drugs within a class of drugs (as defined by Current law Individuals exempt from premiums or serv- the state). In addition to separate cost-sharing provisions for prescribed drugs, the pro- Like Tennessee, Hawaii operates its Med- ice-related cost-sharing under other provi- vision would clarify that separate cost-shar- icaid program under a statewide waiver, the sions of P.L. 109–171 may be subject to nomi- ing provisions also apply to non-emergency terms and conditions of which have been ne- nal copayments for non-emergency services services provided in an emergency room. The gotiated by the state and CMS. The state in an ER, only when no cost-sharing is im- provision would clarify that no cost-sharing does not make DSH payment under their posed for care in hospital outpatient departments or by other alternative providers in for preferred drugs can be imposed on indi- waiver program and does not have a DSH al- the area served by the hospital ER. For non- viduals exempt from service-related cost- lotment in Medicaid law. exempt populations with income between sharing under the general cost-sharing provi- Explanation of provision 100–150% FPL, cost-sharing for non-emer- sions (identified in new Section 1916A(a)). It The provision would set a DSH allotment gency services in an ER cannot exceed twice would also clarify that no more than nomi- for Hawaii for fiscal year 2007 at $10 million. the nominal amounts. For non-exempt popu- nal cost-sharing amounts may be imposed The Secretary shall permit Hawaii to submit lations with income exceeding 150% FPL, no for non-preferred drugs on individuals ex- an amendment to its State plan under this cost-sharing limit is specified for non-emer- empt from services-related cost-sharing title that describes the methodology to be gency care in an ER. Aggregate caps on cost- under the general cost-sharing provisions. used by the State to identify and make pay- sharing (described above) still apply. Treatment of non-emergency cost-sharing. ments to disproportionate share hospitals, Definition of non-emergency services. The The provision would clarify that for non-ex- including children’s hospitals and institu- term ‘‘non-emergency services’’ means any empt persons with income between 100–150%

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11658 CONGRESSIONAL RECORD — SENATE December 8, 2006 FPL, cost-sharing for non-emergency care in individual declaring to be a citizen or na- TO AMEND THE INTERNAL an ER may not exceed twice the applicable tional of the United States who is eligible for REVENUE CODE OF 1986 nominal amount (up to the 5% aggregate Medicaid: and is entitled to or enrolled for cap). For persons with income below 100% Medicare benefits; and is receiving (1) Social Mr. FRIST. I ask that the Chair lay FPL or who are exempt from service-related Security benefits on the basis of a disability before the Senate a message from the cost-sharing, cost-sharing for non-emergency or (2) SSI benefits; and with respect to whom House of Representatives on H.R. 6111. care in an ER may not exceed the applicable (1) child welfare services are made available The PRESIDING OFFICER. Without nominal amount when no cost-sharing is im- under Title IV–B of the Social Security Act objection, it is so ordered. The clerk posed by the outpatient department or alter- or (2) adoption or foster care assistance is will report. native providers. The 5% aggregate cap on made available under Title IV–E; or on such The legislative clerk read as follows: all service-related costsharing for all income basis as the Secretary may specify that sat- Resolved, that the House agree to the groups remains in effect. isfactory documentary evidence has been amendment of the Senate to the bill H.R. Definition of non-emergency services. The previously presented. 6111, entitled an act to amend the Internal provision would strike the phrase ‘‘the phy- The provision would also make reference Revenue Code of 1986, and to provide that the sician determines’’ from the definition of corrections. These changes would be effec- Tax Court may review claims for equitable non-emergency services as provided in P.L. tive as if included in the Deficit Reduction innocent spouse relief and to suspend the 109–171. Act of 2005. Exemption from cost-sharing for newly eli- running on the period of limitations while In addition, effective 6 months after enact- such claims are pending, with amendments. gible children with disabilities. The provi- ment, the provision would (1) require states CLOTURE MOTION sion would exempt this new optional eligi- to have procedures in effect for verifying the bility group for children with disabilities es- citizenship or immigration status of children Mr. FRIST. I move to concur in the tablished under P.L. 109–171 from the pre- in foster care under the responsibility of the amendment of the House, and I send a mium and service-related cost-sharing rules state under Title IV–E or IV–B of the Social cloture motion to the desk. under new Section 1916A. Security Act and (2) specify that in reviews The PRESIDING OFFICER. Under Correction of IV–B References. Among the of state programs under IV–E and IV–B, the rule XXII, the clerk will now report the groups explicitly exempted from the general requirements subject to review shall include cost-sharing provisions for premiums and motion to invoke cloture on the mo- determining whether the state program is in tion to concur in the House amend- cost-sharing, the provision would change ref- conformity with the requirement to verify erences to Title IV–B to mean child welfare citizenship or immigration status. ment to H.R. 6111. services made available under Title IV–B on The legislative clerk read as follows: (2) Miscellaneous technical corrections the basis of being a child in foster care. CLOTURE MOTION Current law Effective Date. The provision specifies that We the undersigned Senators, in accord- all changes made are effective as if included Section 5114(a)(2). This P.L. 109–171 provi- ance with the provisions of rule XXII of the in the affected sections and subsections of sion modified the first sentence of Section Standing Rules of the Senate, do hereby P.L. 109–171. 1842(b)(6)(F) of the Social Security Act to move to bring to a close debate on the mo- (b) Clarifying treatment of certain annuities add a new paragraph H to 1842(b)(6) so that a tion to concur in the House amendment to (section 6012) federally qualified health center (FQHC) H.R. 6111: to amend the Internal Revenue Current law would be paid directly for FQHC services pro- Code of 1986 to provide that the Tax Court vided by a health care professional under Under Section 6012(b) of P.L. 109–171, the may review claims for equitable innocent contract with that FQHC. purchase of an annuity is treated as a dis- spouse relief and to suspend the running on Section 6003(b)(2). This P.L. 109–171 provi- posal of an asset for less than fair market the period of limitations while such claims sion modified Section 1927 of the Social Se- value unless certain criteria are met. One of are pending. curity Act by referencing subsection (k) re- these criteria is that the state be named as Bill Frist, Johnny Isakson, Richard Burr, lating to Section 505(c) drugs. the remainder beneficiary in the first posi- Jon Kyl, R.F. Bennett, Christopher tion for at least the total amount of Med- Section 6031(b), 6032(b), and 6035(c). These Bond, John Cornyn, Rick Santorum, icaid expenditures paid on behalf of the an- sections referenced Section 6035(e) of P.L. Mike Crapo, Jim Talent, Pat Roberts, nuitant or be named in the second position 109–171, which does not exist, to provide ex- Chuck Grassley, Pete Domenici, Jim after the community spouse or minor or dis- ceptions to effective dates. DeMint, John Thune, Kay Bailey abled child and such spouse or a representa- Section 6034(b). Section 6034 of P.L. 109–171 Hutchison, George Allen. establishes the Medicaid Integrity Program. tive of such child does not dispose of any AMENDMENT NO. 5236 It references modifications made to the So- such remainder for less than fair market Mr. FRIST. I now move to concur in value. cial Security Act by Section 6033(a). Section 6036(b). Section 6036 of P.L. 109–171 the amendment with an amendment Explanation of provision deals with improved enforcement of docu- which is at the desk. The provision would strike the term ‘‘an- mentation requirements. Section 6036(b) ref- The PRESIDING OFFICER. The nuitant’’ and replace it with ‘‘institutional- erences Section 1903(z) of the Social Security clerk will report. ized individual.’’ This change would become Act. This section does not exist. The legislative clerk read as follows: effective as if it had been included in DRA Section 6015(a)(1). Section 6015 of P.L. 109– 2005, enacted on February 8, 2006. The Senator from Tennessee [Mr. FRIST] 171 pertains to continuing care retirement moves to concur in the House amendment to (c) Additional miscellaneous technical correc- community admissions contracts. It makes the Senate amendment to the bill H.R. 6111, tions reference to clause (v) of Section with an amendment numbered 5236: (1) Documentation (section 6036) 1919(c)(5)(A)(i)(II) of the Social Security Act. At the end of the House Amendment, add Current law Explanation of provision the following: Under Section 6036 of P.L. 109–171, states Section 5114(a)(2). Instead of modifying This Act shall become effective 2 days are prohibited from receiving federal Med- Section 1842(b)(6)(F) to add paragraph H, the after the date of enactment. icaid reimbursement for an individual who amendment would modify Section 1842(b)(6) Mr. FRIST. I ask for the yeas and has not provided satisfactory documentary of the Social Security Act. nays on the motion. evidence of citizenship or nationality. Docu- Section 6003(b)(2). Instead of referencing The PRESIDING OFFICER. Is there a ments that provide satisfactory evidence are subsection (k) of Section 1927 of the Social sufficient second? described in the law, as are exceptions to the Security Act, the amendment would ref- There appears to be a sufficient sec- documentation requirement. erence subsection (k)(1). Section 6036(a)(2) of the law specifies that ond. Section 6031(b), 6032(b), and 6035(c). Instead The yeas and nays were ordered. the documentation requirements do not of referencing Section 6035(e), the amend- apply to an alien who is eligible for Med- ment would reference the effective date ex- AMENDMENT NO. 5237 TO AMENDMENT NO. 5236 icaid: and is entitled to or enrolled for Medi- ception in Section 6034(e) of P.L. 109–171. Mr. FRIST. I send a second-degree care benefits; on the basis of receiving Sup- Section 6034(b). Instead of referencing amendment to the desk. plemental Security Income (SSI) benefits; or modifications made by Section 6033(a) of The PRESIDING OFFICER. The on such other basis as the Secretary may P.L. 109–171, the amendment would reference clerk will report. specify that satisfactory documentary evi- Section 6032(a). The legislative clerk read as follows: dence had been previously presented. Section 6036(b). Instead of referencing Sec- The provision applies to initial determina- The Senator from Tennessee [Mr. FRIST] tion 1903(z) of the Social Security Act, the proposes an amendment numbered 5237 to tions and to redeterminations of eligibility amendment would reference Section 1903(x). for Medicaid made on or after July 1, 2006. amendment No. 5236: Section 6015(a)(1). Instead of referencing Strike ‘‘2 days’’ and insert ‘‘1 day’’. Explanation of provision clause (v) of Section 1919(c)(5)(A)(i)(II) of the The provision would specify that the docu- Social Security Act, the amendment would Mr. FRIST. I ask unanimous consent mentation requirements do not apply to an reference subparagraph (B)(v). that Senator GREGG be recognized in

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11659 order to make a point of order against agreement, I would ask for the yeas this unexpected amount of money that the pending legislation; provided that and nays. is coming into the Treasury already, if Senator GRASSLEY then be recognized The PRESIDING OFFICER. Is there a this legislation does not pass. Teach- in order to move to waive and that sufficient second? ers, parents of college students, work- there then be 30 minutes equally di- There appears to be a sufficient sec- ing families will all have to dig deeper vided, with the first 15 minutes by Sen- ond. into their pockets to pay for out-of- ator GRASSLEY and the next 15 minutes The yeas and nays were ordered. control spending in Washington. by Senator GREGG, for debate, equally The PRESIDING OFFICER. There Taxes are pouring into the Treasury. divided in the usual form; provided fur- are 30 minutes of debate on the motion. As I said earlier, it is not for the lack ther that following that debate, the Mr. GREGG. Mr. President, the Sen- of tax receipts that we are seeing a def- Senate proceed to a vote on the motion ator from Iowa, I understand, has the icit. It is because of the inability to to waive and that if the motion to first 15 minutes. Mr. President, par- control spending. In my time here in waive prevails, the Senate then proceed liamentary inquiry: It is my under- Washington, DC, I have never seen that to a vote on the motion to invoke clo- standing that the time now running is the way to control spending is to keep ture, notwithstanding the provisions of running against the time of the Sen- taxes high. Higher taxes is a license to rule XXII; I further ask that if cloture ator from Iowa; is that correct? spend more money. And that is borne is invoked, the motion to concur with The PRESIDING OFFICER. The Sen- out by the facts. While tax receipts an amendment be withdrawn and the ator from Iowa has the first 15 min- have gone up 11.8 percent in 2005–2006, Senate proceed immediately to a vote utes. spending has increased 8.6 percent. on the motion to concur in the amend- The Senator from Iowa. It is important for my colleagues to ment of the House, without further in- Mr. GRASSLEY. Mr. President, I also understand that much of the tax tervening action or debate. want my colleagues to understand that cuts that are in the tax extender pack- The PRESIDING OFFICER. Is there if this budget point of order is not age were expected to be included in the objection? waived, this legislation that we have $70 billion tax cuts passed in the budg- Without objection, it is so ordered. been working on for a period of 8 et resolution—the budget resolution Mr. FRIST. Mr. President, what we months, and should have been passed in out of the Budget Committee. I find it extremely frustrating that have just done is laid out a procedure July—probably should have been those who come to the floor and decry whereby a point of order will be made. passed in May, but for sure in July, and this bill fail to note it is because we Senator GRASSLEY will make a motion here we are still doing it—will not be made room for other priorities, prior- to waive. We will have a vote on the passed. ities they championed, such as capital motion to waive the point of order, a I want to comment on why, without gains and dividend cuts in the tax rec- cloture vote, and ultimately passage. hearing my colleague yet—and going onciliation bill, that we were unable to There will be three votes. The first before him, but anticipating from some include the tax extender provisions in vote will be at approximately 12:30, statements that have been in the that reconciliation bill last spring. And 12:35. press—why he is wrong about his point it is for that reason that we now have The PRESIDING OFFICER (Mr. of order against this legislation. Earlier today, there were comments to consider an extender bill. COLEMAN). The Senator from New It reminds me of the fellow who com- Hampshire. made by my Republican colleague regarding the tax extenders bill. I would plains about not being able to get a Mr. GREGG. Mr. President, at this BLT sandwich after he ate all the like to take a few minutes to clarify time, under the unanimous consent bacon. And speaking of bacon, one of the record regarding the tax extenders agreement, I will make my point of the major pork products, I would now bill. order. like to turn to the second point: the Three points: The pending bill violates three sig- discussion on the floor earlier about nificant elements of the Budget Act. First is the claim that tax cuts are a budget buster, that it is tax cuts that earmarks. After I make the point of order, I know I know my colleagues who serve on are putting us in the red. Nothing the Senator from Iowa, the chairman the Appropriations Committee have fa- could be further from the truth. We of the Finance Committee, is going to miliarity with the term ‘‘earmark.’’ move to waive it. And then he has 15 have seen tax receipts going up by a Earmark is something that goes to one minutes and then I will have 15 min- record amount. From 2004 to 2005, re- individual or one company. That is not utes and we will explain the reasons for ceipts went from $1.8 trillion to $2.1 what this bill is about. But they have the issue. trillion. The calculators at the Treas- tried to characterize it that way. This So at this time, I make the following ury needed new batteries to count the bill provides tax relief, and these provi- point of order. new dollars coming in this year, in- sions provide tax relief that is not for The pending motion to concur vio- creasing from $2.1 trillion to $2.4 tril- one individual or one company. They lates section 302 and section 311 of the lion—an 11.8-percent increase. These are not earmarks. Budget Act because it exceeds the Fi- tax receipts far outpace what was pro- For example, the deduction for tui- nance Committee allocation and jected in the budget, and, most impor- tion will help—let me take a State at breaches the revenue floor set under tantly, the budget resolution we are random. Let’s take New Hampshire as the fiscal year 2006 budget resolution. currently operating under. an example. It helped 23,124 taxpayers It would also increase the deficit in ex- The bottom line: Taxpayers are send- in the year 2004. These tax policies, cess of the pay-go limit by $17.5 billion. ing checks to the Treasury well over then, are not earmarks when you are I raise a point of order against the mo- $100 billion in excess of what was ex- helping 23,000 taxpayers in New Hamp- tion under section 302 and 311 of the pected under the budget resolution. We shire. And failure to extend the tax ex- Budget Act and section 505 of the budg- are now taking action to prevent what tenders means that these taxpayers are et resolution for fiscal year 2004. is effectively a tax increase. I never going to have an increase in taxes. The PRESIDING OFFICER. The Sen- thought I would hear a Republican ad- Earlier we heard on the Senate floor ator from Iowa. vocating we ought to have a tax in- discussion about a tax provision that Mr. GRASSLEY. Mr. President, I crease. If we do not pass this legisla- benefited songwriters. Again, this is move to waive the budget point of tion, 19 million people are going to not an earmark. As most Members who order on the appropriate sections of have tax increases. have been to a record store recently this pending legislation. And let my colleagues absolutely be are aware, there is more than one song- Mr. GREGG. Mr. President, have the clear in understanding that failure to writer in this country. But I raise the yeas and nays been ordered under the pass this legislation, then, is not just songwriter provision to respond to an- unanimous consent agreement? about nothing, it is about allowing tax other point, which is that there are The PRESIDING OFFICER. Is the increases to go into effect. And they provisions in this bill that because of Senator seeking the yeas and nays? would go into effect without even a the Senate rules, Members will be pre- Mr. GREGG. If they have not been or- vote of the Congress. Taxpayers, then, vented from effectively raising con- dered under the unanimous consent will be writing checks even bigger than cerns.

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11660 CONGRESSIONAL RECORD — SENATE December 8, 2006 The songwriter provision, supported uted to making the Recovery Audit As many of my colleagues know, I by several Members on both sides of Contractor Demonstration a perma- have been active in oversight of the the aisle, was voted on by Members nent part of the Medicare Program and Red Cross since problems came to light earlier this year in the tax reconcili- implementing it on a nationwide basis. with the organization after the tragedy ation bill. It already passed the Senate. The 3-year demonstration project of 9/11. However, it was after the The extenders bill is now making that was authorized in the Medicare Pre- Katrina hurricane that it became evi- provision permanent. Members had scription Drug Act of 3 years ago and dent that fundamental change was ample opportunity to raise concerns requires the Center for Medicare Serv- needed in how the organization was about this provision when it was con- ices to contract with the recovery managed and governed. sidered 6 months ago. Not a discour- audit contractors to detect Medicare In response to my oversight, the aging note was heard. In fact, col- overpayments and underpayments and Chairman of the Board Ms. Bonnie leagues who discussed this provision to recoup overpayments. Typical over- McElveen-Hunter called for an Inde- earlier today actually voted for the payments involve improper coding or pendent Governance Advisory Board. I legislation that contained the song- billing for services for which there is thank her for her leadership and re- writer provision. Talk about saying no medical necessity. Also, Medicare sponsiveness to the concerns raised. one thing and doing another. So I inadvertently pays for services when This board recently issued its report think those who sang the first verse another payer, such as a worker’s comp ‘‘American Red Cross Governance for earlier in the year should be cautious or auto insurance, should be a primary the 21st Century’’ which can be found about complaining that we are now payer. on their website. This report is based singing the second verse. Despite being implemented for a lim- on the fine work of its Chair, Karen Finally, I want to comment about ited time in three States, this dem- Hastie Williams as well as Peter the point raised on the sales tax deduc- onstration has already shown enor- Clapman, Professor Charles Elson, tion. Again, you call that an earmark, mous potential for the identification of Margaret Foran, Professor Jay W. when people in nine States who would overpayments and underpayments and Lorsch, Patricia McGuire and Pro- not be able to deduct their State sales the recoupment of overpayments. In fessor Paul Neuhauser. I thank them tax from their Federal income tax have fiscal year 2006, this demonstration all for their service. the opportunity to do it? It is affecting identified around $300 million in im- The legislation that I shared with 10 million people, and that is an ear- proper payments in three States. It is colleagues on Monday is based on the mark? I find the statements made estimated that implementing this pro- findings of the report from the Inde- about the sales tax to be of concern gram on a permanent basis nationwide pendent Governance Advisory Board and a misrepresentation of policy. would result in approximately $8 bil- which was approved by the Red Cross First, my colleagues earlier heard lion in recovered funds being returned Board of Governors and released to the complaints about the cost of the sales to the Medicare trust funds over 5 public on October 30, 2006. tax provision but then in the same years. And somebody is bellyaching The legislation deals with such vital breath complain that the sales tax pro- about investing $1.7 billion to bring issues as the size and role of the board; vision does not cost enough, that the back $8 billion. the characteristics of who should serve CBO has assigned a cost to this provi- sales tax provision’s flaw is it should on the board; the role of cabinet mem- sion because of a budget scoring rule— be expanded to both itemizers and non- bers in Red Cross governance; the cre- some scoring rule that somebody ought itemizers, which then would cost bil- ation of an ombudsman; the respon- to do something about—called rule 14, lions more. sibilities of the Government Account- The easy answer is that the intent is which says that ‘‘no increase in re- ability Office and many other impor- to roughly mirror the deduction for ceipts or decrease in direct spending tant matters. State income tax that residents of the will be scored as a result of provision of rest of the States have. The State in- a law that provides direct spending for However, while the statutory come tax deduction is only for the administration or program man- changes are important, much of the itemizers. So why would you want the agement activities.’’ As a result, even hard work of changing the culture and sales tax deduction to be expanded to though they are real and substantial, governance of the Red Cross will have include nonitemizers? savings from this program will not be to be done by the management and Second, the deduction for sales tax is recognized for budget purposes. board of the Red Cross. I expect them only allowed in lieu of a deduction for Despite the potential of a budget to look to the findings of the report as the income tax. So the benefits that it point of order, we have included this a close guide for their actions on the provides to residents of States such as provision in the package because it is details. New York and California, who have simply good policy. It will recover bil- I am hopeful that this legislation, both a State income tax and sales tax, lions that would otherwise be wasted in which has the support of the Red Cross, is limited. But it does certainly provide the Medicare Program—some of it can be passed by unanimous consent real benefits to taxpayers who live in fraudulently wasted. For all these quickly so that we can have in place a States without a State income tax but years, Medicare has not been able to ef- Red Cross that has effective and mod- do have a State sales tax. fectively detect payment errors. The ern leadership for this Nation. The provision means that the Federal nationwide adoption of this program However, I am deeply discouraged Tax Code will not treat similarly situ- will result in real savings for the Medi- that despite the fact that this legisla- ated taxpayers differently based on care Program and, ultimately, the tax- tion has been cleared for several days how the State decides to raise revenue. payers. on the Republican side it still has not The Finance Committee has seen no Mr. President, I wish to talk briefly been cleared on the Democratic side, evidence that States have responded to about the issue of Red Cross reform. and this despite the fact that the legis- this provision by raising the sales tax. The Red Cross is one of the great insti- lation has been originally cosponsored I appreciate the opportunity to clear tutions in this country. It is supported by Democrat Senators KENNEDY, LAN- the record and separate facts from fan- by millions of Americans with their DRIEU and AKAKA as well as Senators tasy when it comes to this tax extender volunteer work and contributions. on this side of the aisle, SANTORUM, bill. These are important provisions Americans have a right to expect the ENZI, ISAKSON, MARTINEZ and DOLE. As that we need to act on now to ensure best from this proud organization. my colleagues all know, Senator DOLE that taxpayers can properly file their On Monday, I shared with leadership was the former President of the Red tax returns and receive much-needed staff on both sides of the aisle as well Cross. I am pleased to have all their tax relief. as interested members copies of legis- support. Finally, the Congressional Budget Of- lation that brings much needed reform But I am very frustrated that I have fice has scored the total health pack- to the governance of the Red Cross. received no response or courtesies from age as costing $1.7 billion over 5 years. The Red Cross is congressionally char- the Democrat leadership of why this The $1.7 billion stems from the cost the tered and therefore any reforms to the commonsense and needed legislation Congressional Budget Office has attrib- governance require changes in statute. cannot be passed.

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11661 I have been informed that staff in the there. It is American, but we won’t use serve jobs in America and to keep our other body have stated to Red Cross of- it. industries competitive. Those jobs are ficials that they do not want to pass Well, we are going to start now. That in every State in the Union, not just on this legislation because they want it to will open other States which can look the gulf coast. We are proud to be the be an early victory for the new Con- at this bill and say: We ought to join producers, but people use this gas in in- gressional leadership. I do not want to up and begin to let drilling take place dustries all over the Nation. believe that that is the reason why off of our coast, because they will share In addition, as you know—and the there is no action on these reforms. in the proceeds—the second good prece- Senator from New Mexico has heard The failure to act on these reforms is dent that is made in this bill. this story literally a hundred times— having a very real and very negative It will produce large quantities of the great delta that supports this ex- impact on the vital work of the Red natural gas over the next decade and a traordinary resource for the Nation is Cross. I met with the Chairman of the small amount of crude oil—1.2 billion literally washing away into the Gulf of Board of the Red Cross just two days barrels. With reference to natural gas, Mexico, not just because of the chan- ago and she informed me that the fail- it will produce gas for millions of nels that have been dug in some cases ure to pass this legislation quickly is homes and thousands upon thousands for the industry—that has had a minor hurting their efforts to successfully re- of businesses. It will be American- impact—but the damming of the Mis- cruit and bring into place a new CEO. owned business, drilled by American sissippi River, the leveeing of that In addition, the needed changes to the companies, supplied to Americans by river stopped its natural overflow, and governance structure at the Red Cross Americans, with American dollars in- a delta that took a thousand years or are also frustrated by the failure to volved for everybody along the way. more to create, which is the home of make the necessary statutory changes. What a good thing to say tonight in hundreds of communities and literally We saw with Katrina the need for the cold parts of America and in the tens of millions of people in this coun- strong leadership and governance at coldness of tonight—that we have done try, is at risk. the Red Cross. The Red Cross has taken something to produce natural gas and We saw the pain, suffering, and the the right steps to make reforms, re- hold the price of natural gas where it is death in Katrina and Rita. This bill forms that will lead to better service or reduce it because of the new supply. will help because that money is dedi- for the American people in times of It is very important and should be cated to that source. Finally, because of Senator SALAZAR need. The Democrat leadership should something everybody in this Chamber and Senator ALEXANDER, primarily, a be placing those same priorities first. I is proud of. A lot of things we are not portion has been set aside for the first call on them to allow us to go forward so proud of tonight. It takes too long time in the Nation for conservation with passing this legislation. to get some things done. We have not Mr. GRASSLEY. Mr. President, in gotten a lot of them done on time. We royalty, so that the land and water conservation fund stateside is fully connection with H.R. 6111, the Tax Re- have not governed quite properly. But funded. All 50 States can use these lief and Health Care Act of 2006, the this is a good one. I am thankful to great revenues which come in for parts nonpartisan Joint Committee on Tax- those on this conference for putting it of the greenspace. ation has made available to the public in. I thank Senators MARTINEZ and NEL- the following document: Joint Com- I thank Senator GRASSLEY, and I SON from Florida. Without their help thank his counterpart here. On the mittee on Taxation, Technical Expla- and patience, this bill never could have House side, they had to accept it ex- nation of HR. 6408, The ‘‘Tax Relief and come together. The buffer of protection Health Care Act of 2006,’’ as Introduced actly as we put it in because if it came has been provided for Florida. They in the House on December 7, 2006— here differently, we would never get it have chosen a different way, but the (JCX–50–06)—December 7, 2006. This passed. That happened. Thank you. gulf coast is working together as a Mr. GRASSLEY. How much time do I technical explanation expresses the unit. Some of us are drilling, some are Senate Finance Committee’s under- have? not, but we are all working toward the The PRESIDING OFFICER. Six min- standing of the tax and other provi- benefit of America. sions of the bill and serves as a useful utes. To all of the Senators along the gulf Mr. GRASSLEY. I will give 4 minutes reference in understanding the legisla- coast, including Senator VITTER from tive intent behind this important legis- to the Senator from Louisiana. Louisiana, and particularly Senator Ms. LANDRIEU. Mr. President, let lation. TRENT LOTT, who put in countless Senator DOMENICI wants a few min- me join my colleague from New Mexico hours to help us negotiate this bill, I utes. How much time do I have? in thanking the leaders of this bill, thank him for his great and steady The PRESIDING OFFICER. Nine Senator GRASSLEY and Senator BAU- leadership. minutes. CUS, for their acquiescence to put this To Senator FRIST and Senator Mr. GRASSLEY. The Senator can very important measure, which over 70 MCCONNELL, who kept this issue have 2 minutes. Senators voted earlier in the year to steady, it is really a testament to their Mr. DOMENICI. Mr. President, I rise do, but to put it on this measure to leadership. tonight to remind the Senate that in make sure it passed. So the people of Louisiana and the this bill is something we can all be Mr. President, you have not been in gulf coast are grateful that this provi- proud of, especially on this cold night. this Chamber long, but you know this sion is in the final package. It has been The American people are using more has been a debate which has gone on a long and tough battle but one of and more natural gas in their homes, around Louisiana and the gulf coast for which we are very proud. and they will soon be getting bills—or almost 60 years—literally since Presi- I thank the Senator from Iowa for they already have—with the increases dent Truman was President of this yielding. in the cost of natural gas beginning to country and offered 37.5 percent to the CAPITAL GAINS INCOME show up. Many companies have already State of Louisiana for a new industry. Mr. GRASSLEY. Mr. President, I closed their doors because natural gas Well, that deal was never struck 60 would like to discuss a tax policy mat- prices are so high. years ago. Tonight, that arrangement, ter that is important to several Sen- For the first time, we will have that compromise, that deal is being ators. Although it is not a priority for passed a production-oriented bill with struck in the Senate. It is a good deal, me, I pursued the issue for those Sen- reference to natural gas and crude oil. a square deal for the people of Lou- ators during the ‘‘trailer’’ bill negotia- In this bill is the Gulf of Mexico En- isiana, Mississippi, the gulf coast, and tions. On my side of the aisle, the in- ergy Security Act—passed by bipar- the people of the United States, and it terested Senators included Senators tisan votes in the Senate—which estab- is going to open up 8.3 million acres of SMITH, LOTT, CORNYN, DOLE, GRAHAM, lishes some precedent because, for the new opportunity—enough gas, as the and VITTER. I know Senators on the first time, we are now going to do some Senator from New Mexico said, to fuel other side of the aisle have similar in- deepwater drilling. We held that in 1,000 chemical plants for 40 years. That terests, including Senators LINCOLN, abeyance for about 25 years and acted is a lot of gas. We need that. We need PRYOR, LANDRIEU, CANTWELL, and MUR- as if we didn’t need any, just leave it it right now. We need it today to pre- RAY.

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11662 CONGRESSIONAL RECORD — SENATE December 8, 2006 Under current law, the tax treatment goods into the United States duty free. on the whole package. That means you of capital gain income from timber ac- In order to ensure that Customs can have to take the good with the bad. We tivities varies. The variance depends to enforce this legislation, Senator DOLE, wonder why politics has such a bad a great degree on the form of the busi- Senator SESSIONS and I request that name, and I would suggest we are look- ness entity that holds the timber. The the Senate Finance Committee hold a ing at the reason right here tonight. top individual capital gain rate of 15 hearing prior to the President certi- We have worked to make sure that percent applies to capital gain from fying that Haiti has met the require- some of our concerns regarding these timber if the timber is held by pass- ments set forth in the legislation at measures are addressed and believe through entities. By contrast, capital which representatives of the textile in- they will be. Based on the assurances gains from timber held by regular ‘‘C’’ dustry can voice their concerns over that we have received, I am going to corporations are taxed at the top cor- the impact of this legislation. vote in favor of this measure. The good porate rate of 35 percent. Mr. BAUCUS. I believe the Senators’ of the bill is so important it outweighs Senators SMITH and LINCOLN filed an request can be accommodated. the bad. amendment for the Finance Committee Mrs. DOLE. I agree that it is out- I thank my fellow Senators who have reconciliation tax relief markup last rageous that the Haiti bill in this pack- worked hard to achieve some assur- year. The amendment aimed at ad- age was never considered by any com- ances that could lead to important im- dressing the differential treatment of mittee in the Senate, never properly provements to the Haiti trade provi- timber capital gains among entities. A debated in a committee or on the Sen- sions. Clearly, the better approach form of that amendment was included ate floor. No Member has been given an would have been to bring these trade in the first round of negotiations on opportunity to offer amendments to agreements up separately, allowing for the trailer bill. The final form of the improve this legislation, and the U.S. full debate. trailer bill agreement did not include industry that has most to lose from TREATMENT OF SIOUX CITY, IOWA BUILDINGS the timber capital gains amendment. this bill was never given an oppor- Mr. HARKIN. Mr. President, I have Since this issue was not fully re- tunity to formally make its case before been seeking a small change in the tax solved, and many Members remain this body. I have long supported in- law that would simply undo a provision strongly interested in the issue I would creased assistance for Haiti, and sup- in the 1986 tax bill, eliminating the spe- like to ask my friend, the ranking port measures to expand trade between cial treatment given to a few buildings Democrat and incoming chairman, Haiti and the United States, but this in Sioux City, IA, allowing them to be Senator BAUCUS, if he plans to further poorly designed bill would cause seri- treated like any other property under examine the issue in the next Congress. ous harm to the U.S. textile industry, the general laws. Mr. BAUCUS. Mr. President, the tim- potentially putting many North Caro- The desire is to rehabilitate one of ber tax proposal has the support of lina textile workers out of jobs. I be- those buildings, an old historic hotel. some Senators, but it is not included in lieve this Haiti trade package needs to It has long been boarded up. The goal is the Tax Relief and Health Care Act of be thoroughly evaluated. to renovate it for use as affordable el- 2006. I have concerns about the pro- Senator GRAHAM, Senator SESSIONS, derly housing, an adult respite care fa- posal. I am sympathetic with the basic and I would also like to propose a cility and perhaps other uses. I believe policy concern motivating the bill’s change to the length of time in which the Finance Committee has been aware supporters—to make it more feasible the administration must certify that of the technical tax issues involved for for timber companies to remain in cor- Haiti has met the conditions to receiv- a long time. The provision is of no or porate form if that is the best way for ing benefits under the act. I request minimal cost to the Treasury. And, as them to maintain their competitive- that the senior Senator from Montana I noted, the property’s owners are not ness. However, I believe that we need agree to work with us to pass legisla- asking for special treatment but, un- to do further work to make sure that tion to amend the Tax Relief and usually, are asking that they be treat- we have an appropriate long-term solu- Health Care Act of 2006 to provide the ed like other taxpayers with a similar tion. President up to 1 year to certify that property. I understand this may be a time-sen- Haiti has made sufficient progress in Mr. BAUCUS. I thank the Senator sitive issue. As chairman of the Senate meeting the conditions in the act. This from Iowa. I am familiar with this Finance Committee during the next change will in no way preclude the problem and it is unfortunate that this Congress, I plan to work with inter- President from certifying that Haiti provision has not been included in one ested Senators and with forest prod- has met the requirements of this legis- of the recent tax measures. It is my in- ucts companies to closely examine this lation prior to 1 year from now. tention to include this measure in a issue and determine the appropriate Mr. BAUCUS. I would be happy to tax bill to be considered. And I expect long-term solution. It is my hope and work with my colleagues to make this to see it become law in the coming expectation that this work can be con- change. Let me add that I have spoken year. cluded in a timely manner so that ap- with the incoming chairman of the Mr. GRASSLEY. Mr. President, I rise propriate action can be taken to ad- House of Representatives Committee in support of the Haiti trade provisions dress the long-term competitiveness of on Ways and Means, Mr. RANGEL, and in this legislation. And I want to re- the timber industry. he supports your requests as well. spond to some of the criticisms leveled HAITI Mr. SESSIONS. Once again we are at at these provisions. Mr. GRAHAM. The Haiti Hope Act, the end of a Congress. It is late at Right now over two-thirds of Haitian incorporated into the package that we night. The result is a vote tonight on apparel exports to the United States are debating today, poses a serious legislation that people refer to simply are made from fabric made in either threat to the American textile indus- as the ‘‘tax extender’’ bill. the United States or a beneficiary try. This bill has had no hearings in Much of it doesn’t have anything to country under the Caribbean Basin Ini- the Senate, no opportunity for discus- do with tax credits. The Haiti Free tiative. sion, no opportunities for amendments, Trade Agreement is in this bill. The Under the bill, it is true that Haiti and the industry that this bill affects Vietnam Free Trade Agreement is in can use fabric from third countries to most has had no official opportunities this bill. I have very real concerns produce apparel exports for duty-free to voice their concerns. While it is about both of these provisions. entry into the United States. questionable as to how everyday Hai- They are important issues. They de- But to be eligible for such duty-free tians will benefit from this deal, there serve careful study. These trade agree- treatment, at least 50 percent of the is no doubt the deal will only exacer- ments deserve a hearing and thought- value of the apparel must be attrib- bate the problems the U.S. textile in- ful debate on the Senate floor. From utable to Haiti, the United States, or dustry faces today. what I know of these measures, I don’t another regional qualifying country. The provisions of this legislation will support them. If, for example, Chinese-origin fabric be difficult if not impossible for Cus- Instead of treating these important is used to manufacture apparel in toms to enforce. This could open the provisions in the manner they deserve, Haiti, only the value of the cutting and door to the transshipment of Chinese we are forced to take a yes or no vote sewing counts toward the 50-percent

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11663 value-added requirement. The value of for energy efficiency for homes and for victory for the U.S. economy.’’ And, on the Chinese fabric itself does not count commercial buildings. the other side of the political spec- toward the requirement. And, there are extensions of reduced trum, the New York Times wrote that And because fabric generally ac- excise tax rates for ethanol. The En- this bill meets ‘‘an immediate need’’ counts for more than 50 percent of the ergy bill of 2005 has helped in bringing and is ‘‘a reason to drill in the Gulf.’’ value of a garment, the 50-percent about an economic boom to rural And, in this bill we recognize the will value-added requirement will often America. Analysis suggests that new of the people in our energy producing mean that qualifying apparel must be biorefineries will result in 30,000 new States. We recognize the sacrifices made from fabric produced in a re- jobs and will add $114 billion to the bot- made by the Gulf States in being gional qualifying country to be eligible tom lines of American households. America’s energy coast for so many for preferential treatment. These extenders help continue that mo- years. And, we recognize protections Moreover, the benefits are capped in mentum. important to the people of Florida. the first year at 1 percent of United All of these items and many more This bill strikes the right balance. It States apparel imports, which is less help move us closer to achieving en- is a blockbuster. It is a victory for this than current apparel imports from ergy security. Congress, but more importantly, it is a Haiti and equal to only 20 percent of Then, there is the big one. After victory for the American energy con- the total level provided under the Afri- much hard work and after hours of ne- sumer. can Growth and Opportunity Act. gotiations, Congress came together and The Federal Reserve Chairman Now, the bill does include a tariff crafted a bipartisan piece of legisla- Bernanke recently said that rising en- preference level, but it is limited to tion. We passed that bill with 71 votes ergy prices is posing a risk to our Na- woven apparel, not knits. And the level in August and we pushed ever since to tion’s economic activity. of the tariff preference level is equal to get that bill through the House and to I say, that with this vote, we help to only 0.23 percent of United States ap- the Senate. We fought for energy relief lessen that risk. What we have done parel imports. for the American people. here is the most important thing we The Commissioner of Customs wrote The Gulf of Mexico Energy Security can do in the near term to reduce the a letter to Chairman THOMAS of the Act provides such energy relief, and I price of natural gas and to boost our House Committee on Ways and Means am thrilled that it is included in this Nation’s domestic energy supply. stating that Customs remains com- tax extenders package. For that, the American people win mitted to enforcing all textile trade I thank the House Ways and Means tonight. laws. The Commissioner further indi- chairman, BILL THOMAS, and the House Mr. ENZI. Mr. President, today I rise cated that Customs can, and will, en- leadership, specifically Majority Lead- in strong support of H.R. 6111, the Tax force the textile provisions in this bill er JOHN BOEHNER for showing interest Relief and Health Care Act of 2006. This if they become law. in and moving this important piece of important tax relief legislation in- The bottom line is that the Haiti legislation. Also, importantly, I thank cludes a number of provisions that are trade provisions in this bill will help to the Senate leadership on both sides of extremely important to my constitu- spur economic growth and prosperity the aisle and Chairman CHUCK GRASS- ents in Wyoming. It deserves to be in the most impoverished country in LEY for recognizing that this legisla- passed, and I am urging all of my col- this hemisphere. At the same time, tion is essential to the American con- leagues to support this important bill. these provisions do not threaten to sig- sumer. First and foremost among the provi- nificantly impact our domestic indus- It’s cold outside and natural gas sions that I am supporting is a provi- try in an adverse manner. prices are rising as we heat the homes sion to reauthorize the Abandoned In addition, these provisions have we live in and the buildings we work Mine Land, AML, Trust Fund for 15 been endorsed by a number of non-gov- in. So me tell you what this vote on years. I have been working to reauthor- ernmental organizations, including the Gulf of Mexico Energy Security ize the AML trust fund since I was first Oxfam America and the International Act does. elected to the Senate in 1996. As it cur- Policy Committee of the United States This vote says that Congress win not rently operates, the AML trust fund Conference of Catholic Bishops. sit by and watch natural gas prices does not work as intended and does not I urge my colleagues to support the climb by 400 percent. We will act. treat my home State fairly. Haiti legislation, as well as the other We will not sit back and accept the The Federal Government has hi- trade provisions in this bill. closing of scores of our chemical manu- jacked more than $550 million that was Mr. President, I ask unanimous con- facturing plants. We will act. promised to Wyoming from a tax on sent that my remarks be printed at the And, we will not sit back and watch coal produced in my State. We have appropriate place in the CONGRES- as we continue to depend more and legislation before us to correct this SIONAL RECORD, and I yield the floor. more on foreign oil while producing problem and to fix it so that Wyoming Mr. DOMENICI. Mr. President, I rise less and less domestic oil. We will act. receives its fair share of funding in the to speak briefly on this essential piece And act we did. And relief is on the future. of legislation commonly referred as tax way. This legislation has been a long time extenders. This legislation is critically impor- in the making, and it has broad sup- This is, in many ways, also an energy tant to American consumers and our port. Over the past year, I have worked security bill that is worth being proud economy. While the oil resources in with Senators ROCKEFELLER, of. this region are impressive, the vast re- SANTORUM, SPECTER and BYRD to build There are a host of important tax serves of natural gas are the real bo- a coalition that can support this im- items here, many of which were imple- nanza. portant bill. The bill is supported by mented under the Energy Policy Act of Tens of thousands of feet under the the coal industry. It is supported by 2005. Now we extend many of these sea-bed in this 8.3 million acre area the United Mine Workers of America, items through 2008. that we open for leasing, American in- UMWA. It is supported by members There are extensions of credit for genuity will produce American oil and from the eastern United States and electricity produced from renewable re- American natural gas for the American members from the western United sources until December 31, 2008. This is people. States. All of the stakeholders are in clean energy produced from wind, bio- This area contains nearly 6 trillion agreement that the AML reauthoriza- mass, geothermal and hydropower. It is cubic feet of natural gas and 1.26 bil- tion language that is included in this critical to our Nation’s future and lion barrels of oil. bill is the best language to fix the prob- these tax credits will play an impor- I believe that there is enough natural lem and move the issue forward. tant role in our energy security over gas in lease sale 181 and lease sale 181 The legislation has many provisions the next decade. south areas to heat 6 million homes for that are important to my State. It re- There are extensions of credits to 15 years. turns the $550 million that was hi- holders of clean renewable energy Because of this, the Wall Street Jour- jacked by the Federal Government over bonds. There are extensions of credits nal has called this OCS bill ‘‘an easy a 7-year period. I am pleased that it

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11664 CONGRESSIONAL RECORD — SENATE December 8, 2006 does so in a way that allows Wyoming’s When a program is broken, we need tion to reduce our dependence on for- legislature to determine their prior- to fix it. The AML program has been eign sources of energy. Domestic en- ities for how that money should be broken for years, and this legislation is ergy production is akin to economic spent. an opportunity to fix it. It will send and national security. The Outer Con- The legislation also ensures that Wy- more money to reclamation and will tinental Shelf, OCS, provision included oming will continue to receive funding return money to States that those in this act is based on S. 3711, the Gulf in the future for mining activities that States are owed. of Mexico Energy Security Act which occur within our State’s borders. It This is a good bill, and I am so the Senate passed in a bipartisan way does all this at the same time we direct pleased that we were able to include on August 1, 2006. more money toward reclamation in this reauthorization in H.R. 6111. The OCS has tremendous untapped States where the reclamation work is AML reauthorization is not the only potential to meet the energy needs of needed. important section of this legislation. our Nation. Energy that we need to Finally, I wanted to see a reduction The bill also includes the extension of heat our homes and energy that we use in the tax charged to Wyoming’s coal the State and local sales tax deduction. in manufacturing can come from this companies. Some of the companies in The State and local sales tax deduc- region. The OCS has energy that will my State do not have the problems as- tion, which is crucial for the residents help secure our food supply by lowering sociated with abandoned coal mines, of States without a State income tax, prices for farmers and ranchers who nor do they have the orphan miner li- was included in the American Jobs Cre- produce that food. ability that is held by some companies. ation Act of 2004. However, this deduc- The entire OCS is composed of 1.76 Those companies agreed not to fight an tion expired this year. Because this de- billion acres and there are 8,000 active extension of the tax if it was reduced, duction has expired, it is crucial that lease areas producing oil and natural and this legislation includes a slight Congress act now to extend this impor- gas. This production translates to ap- reduction in the fee. tant deduction. The State and local proximately 20 percent of our domestic The priorities of other members are sales tax deduction is an issue of fair- oil production and approximately 30 also included in this bill, including pro- ness. Residents who live in a State percent of our domestic natural gas visions that shore up health care for without a State income tax should not production. Yet, of the 1.76 billion orphan miners who fall into the Com- have to pay more in Federal taxes sim- acres of potential production area, 85 bined Benefits Fund. Those priorities ply because they cannot take advan- percent of the coastal waters around include the addition of health care cov- tage of the State income tax deduction. the lower 48 States currently is off lim- erage for members who fall into the While I would like to see this deduction its to energy development. 1992 fund and the 1993 Fund. Although become permanent, I am pleased that Under this provision the Secretary of the shoring up of those three funds was the option to deduct State and local the Interior is directed to offer mineral not a priority for me, this represents sales taxes will be extended an addi- leases in a specified area within 1 year compromise legislation. Some opposition to this legislation tional 2 years through this legislation. of enactment. This action has the po- In addition, I want to take a few mo- comes from members who claim that it tential of producing 1.26 billion barrels is too expensive. I would argue to my ments to express my support for the of oil and 5.8 trillion cubic feet of do- colleagues who are concerned with the extension of the New Markets Tax mestic energy. This bill will provide cost of the bill that it is not as expen- Credit program through 2008. This is a enough natural gas to heat 6 million sive as it appears at first glance. highly successful program that stimu- homes for 15 years, and so I am pleased Money will continue to come in from lates investment in low-income com- that it was included in this bill. collections of the AML fee, which will munities. Multiple communities within I thank my colleagues who worked help to offset the cost. The Federal Wyoming have been able to take ad- on this important tax relief legislation. Government will also continue to re- vantage of this tax credit. I am hopeful Specifically, I thank Chairman GRASS- ceive significant revenues from coal that with this extension, additional LEY and Ranking Member BAUCUS for production on Federal lands. cities and organizations in Wyoming their efforts. I thank Senators ROCKE- However, unlike past monies that will be able to utilize this tax credit. I FELLER, BYRD, SANTORUM and SPECTER have been sent to the Treasury and am also pleased that this legislation for their hard work and dedication on that have been spent outside the act, includes a modification to the New the AML bill. This important legisla- this legislation will ensure that the Markets Tax Credit program to guar- tion deserves to pass, and so I will be funding is used for its intended pur- antee that nonmetropolitan commu- voting to move the legislation forward. poses. Money that is supposed to go to nities receive the proper allocation of Mr. ROCKEFELLER. Mr. President, I the States will no longer be hijacked qualified equity investments. This am extremely pleased to support the and spent on unrelated programs. In- change in law is welcome news for the legislation before the Senate today. As stead of those unrelated programs, the smaller communities throughout Wyo- often happens at the end of a Congress, money that is intended to do reclama- ming. the leadership has negotiated a large tion will actually be used to further The final tax provision I will discuss and complicated bill to tie up many our reclamation goals. Money that is today is the extension of the research loose ends. And I believe that on bal- supposed to go back to the States will credit. This credit has played a vital ance this is a very good bill. While I am actually be sent to the States. Coal role in encouraging companies disappointed in some aspects of this money will actually be used to help fix throughout the United States to ex- agreement, I understand that, when a coal problem. pand their research efforts. Innovation legislating, hard compromises some- For those who do not like the health and advancements in technology are times have to be made. I recognize how care portions of this bill, I share your critical to the progress of the United difficult it was for us to get this far. heartburn. Wyoming does not have a States. This research credit encourages I want to thank the leadership, and significant number of orphan bene- companies to spend more of their fi- especially Senator GRASSLEY, the ficiaries. However, it should be noted nancial resources on the discovery of chairman of the Finance Committee, that the Federal Government has been new and innovative products and ideas. and Senator BAUCUS, our ranking mem- spending Federal dollars to help pro- Without the ongoing research and de- ber and incoming chairman, for work- vide these health care benefits for velopment of American businesses, the ing so hard and so long to protect the years, and there is nothing to suggest overall economic outlook of our Nation Senate’s interests in very difficult and that we will stop funding these bene- would greatly diminish. It was crucial often frustrating negotiations. They fits. The Senators who represent the that this credit be extended and I am were fierce negotiators, and they made families who receive this health care pleased that this legislation includes sure that we would be voting on a bill continue to make sure the families re- such an extension. that a substantial majority in the Sen- ceive it. Since miners’ health care con- Finally, I am pleased that H.R. 6111 ate can support. It was no easy feat tinues to be funded, we needed to find includes a section to increase our do- given the circumstances and some- a way to fulfill the promise to the mestic energy production. We need to times bitter disagreements between the States. This legislation was such a fix. increase our domestic energy produc- two Houses, and at times, between

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11665 Members. The leaders of the Finance vania, Kentucky, and Tennessee. The anyone who puts in a hard day and Committee deserve enormous credit. AML program was part of the bargain struggles to meet the challenges of This bill includes a critical Coal Act when we reformed surface mining back raising a family. He was there to help and AML reform provision. And I in the late 1970s. We created a trust make this happen. This has been a true would like to take just a few minutes fund that is paid into by the coal com- bipartisan effort. The way legislation to explain to my colleagues what this panies that mine the land to ensure should be done. provision is all about. It is about pro- there would be money available to re- I also need to thank my good friend tecting the health benefits of tens of claim old mine sites. Hundreds of these and colleague from West Virginia, Sen- thousands of retired coalminers and sites remain unreclaimed. States have ator BYRD. He has been my constant their widows who were promised life- waited patiently for Federal dollars partner on West Virginia mining time health benefits by their compa- that have been parceled too slowly in issues. As a leader of the Appropria- nies and by their Government. It is the past. This provision will deal with tions Committee, he has saved the day about keeping a promise to the men the outstanding problem of AML re- for many years, by appropriating funds and women who have sacrificed them- form at the same time it helps miners to prevent benefit cuts to retired min- selves to fuel our Nation’s economic whose blood and sweat built up the ers and their families. growth and continued prosperity. AML trust fund in the first place. Finally, I cannot go without thank- Historically, coal miners have bar- Today marks the culmination of a ing the Senators from Pennsylvania, gained for their health benefits at the long, long fight—14 years now—to Mr. SANTORUM and Mr. SPECTER. From expense of other pension benefits and make sure that Congress lives up to its the beginning they have worked with salaries because they have long known responsibilities to retired miners and me to make today’s victory a reality. the grave toll that coal mining takes their families. And I won’t recap all of Senator SANTORUM reintroduced this on a person’s health and safety. This the ups and downs of the past 10-plus proposal early this year, and even after year’s tragic and record string of mine years, but I do need to personally a very difficult and hard-fought elec- deaths shows that remains true today. thank a few people who finally made tion, Senator SANTORUM continued to More than 50,000 coal miner retirees this possible. work hard for his constituents and pushed to make sure that his leader- and their aged widows, average age of I am grateful to my distinguished ship did not give up on this provision. nearly 80, are counting on the health leader and dear friend Senator REID. As I know that our Nation’s coal-mining benefits that are protected in the Coal the son of a hardrock miner, Senator families appreciate their hard work Act and AML reform provision. These REID appreciates what miners go through to bring us the natural re- and dedication as much as I do. coal miner retirees live in nearly every Now, obviously, this bill contains sources that make our economy and State of the Union, and they still be- many more items than just the AML standard of living possible. He has lieve that the promise of their health provision. Many of these provisions I worked tirelessly to get these provi- benefits will and should be kept. So do have voted for several times already, sions passed. He is a trusted friend and I. and I am very happy to see that they This reform will stabilize the coal an inspirational leader. will finally be enacted into law—the I also need to thank the leaders of miners’ health funds and give retired tax deductions for tuition expenses or the Senate Finance Committee. Sen- miners some peace of mind that they teachers’ classroom expenses, the re- ator GRASSLEY and Senator BAUCUS will not face cuts in the health benefits search and development tax credit, the have an excellent relationship, built on on which they depend. That means the welfare-to-work tax incentives. These working together and keeping their world to me. And Dixie Woolum, and provisions should never have been al- word. I know that they had to fight the thousands and thousands of other lowed to expire, and I am pleased that very hard to protect the AML provi- retired miners and widows in West Vir- Congress is done using them as a polit- sion, and they did so because they gave ginia, Ohio, Pennsylvania, Kentucky, ical football and will finally extend Illinois, and Indiana—all across this their word. That means a great deal to them as we should have done last year. Nation—deserve that peace of mind. me. A great deal. I am very grateful for This bill will also create new tax in- They have had to bear so much in the their efforts. I know that the same centives to promote investment in coalfields, for so long. They deserve spirit of bipartisan respect and co- mine safety equipment and the train- this peace of mind. They earned it. operation will continue under Senator ing of rescue teams that can help Specifically, the coal miners’ health BAUCUS’ able leadership next year. I trapped miners. There is some work funds—the combined benefit fund, the look forward to his tenure. I will not that remains to be done to make those 92 fund and the 93 fund—will receive mention each of the superb Finance incentives work as they should in the annual transfers of monies from the in- Committee staff members by name, but coalfields, and you can be sure I will be terest on the AML trust fund, paid for I must at least thank them as a whole. back to finish the job. Also, after years by the coal companies. I think that is They are extraordinarily bright and of inequity, this bill finally provides only fair. Before these changes, only hard working, and I know that today’s capital gains tax relief to members of the combined benefit and 92 fund could victory would not have been possible the intelligence community who serve receive AML interest money to help without their absolute dedication. their country away from home. Both of compensate for its shortfalls—and the I also want to thank my friend and these provisions are very important to administration wrongly interpreted the colleague on the HELP Committee, me even though both need a little more original Coal Act to cap that amount. Chairman ENZI, who seized this issue work. That misinterpretation of the original when tax extenders were debated in the For the record, I also need to point Coal Act provision has been fixed in pension conference which he chaired. out that this bill has some serious this bill. The new provisions helping He has never given up on getting this shortcomings. Most notably, I am con- the 92 fund and the 93 fund are phased done in this Congress, even when proce- cerned about the potential con- in over time, but the CBF will get a dural tactics by some put it in dire sequences of some of the health savings needed infusion of money next year. jeopardy. He just never gives up when account provisions that were included The AML/Coal Act provision is also it comes to fighting for his State. I ad- in this bill. In general, I believe that about protecting the environment and mire that very much. I am indebted to HSAs will make the problems with our health of communities where mining him for his work on this measure, as I health care system worse, not better. has left environmental scars—many of have been for his efforts on mine safe- They do not increase access to health which continue to pose significant ty. He is tireless and yet with a de- care for our large uninsured popu- health risks. This proposal reauthor- meanor that never rankles. I cannot lation, and worse, they threaten to un- izes the AML program for 15 more fail to mention the support of my long- dermine the risk-sharing on which our years, at a slightly reduced rate, and time, dear friend Senator KENNEDY. He current system depends. I hope that gives States back their unappropriated was always on my side on this issue as the 110th Congress will take a serious balances while more fairly distributing well—as he is always on the side of our look at how to really increase access to funding for historic coal production Nation’s working men and women, health care. I intend to push very hard States like West Virginia, Pennsyl- whether our Nation’s coal miners or on that front.

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11666 CONGRESSIONAL RECORD — SENATE December 8, 2006 But as I said at the beginning, Mr. another 2 years demonstrates our grat- facto permanent credit. And while a de President, I believe that on balance, itude and sends the right message to facto permanent research credit is not this is a good bill. I am grateful to my our Nation’s teachers. as good as a de jure permanent re- colleagues who have been relentless in ∑ Mr. HATCH. Mr. President, I am search credit, there are certain benefits negotiating this bill, and I am pleased pleased to see H.R. 6111, the Tax Ex- that we get from having even an expir- to support it. tender Act before us today. This legis- ing credit always available. I believe Ms. COLLINS. Mr. President, I am lation includes some very important that because the credit has been retro- pleased that the legislation to extend provisions that extend retroactively actively extended every year, except various provisions of the Nation’s tax several expired tax benefits that have for one, it is more effective in inducing laws which is now before the Senate in- been instrumental to keeping our econ- research activities. I also believe that cludes a 2-year extension of the $250 omy growing and helping to provide businesses in Utah and all over Amer- tax deduction available to teachers tax equity to certain members of our ica have come to depend on the re- who incur out-of-pocket expenses to society. search credit being extended each year purchase classroom supplies. This ex- Many of my colleagues on the Fi- without a gap. Therefore, I believe that tension builds upon the $250 tax deduc- nance Committee have joined me in it is important to once again retro- tion established by legislation which supporting Chairman GRASSLEY’s tire- actively extend the credit to keep the became law in 2001 as part of that less efforts this year to extend these faith that we have allowed to be built year’s tax relief package. The tax relief provisions since even before they ex- up around this tax benefit. Therefore, I provided by that bill was later expired on December 31 of last year. Un- am very pleased to see that the credit tended through the end of last year. I fortunately, our several attempts to do has once again been extended, retro- was proud to author that legislation, so were thwarted by difficult political active to its expiration date last year. along with my good friends, Senator circumstances that required that the The legislation before us also includes the extension of some other im- WARNER and Senator LANDRIEU. extender package be deferred until portant expired tax provisions. One im- Providing this deduction for teachers now. who buy classroom supplies is war- It is amazing to me, and undoubtedly portant provision included in this bill is the retroactive extension of the de- ranted by the facts. So often teachers very puzzling to Utahns and Americans duction for school teachers for class- in Maine and throughout the country across the country, that a set of provi- room expenses that they incur. As a spend their own money to improve the sions that enjoys nearly universal sup- major proponent of this legislation for classroom experiences of their stu- port in the Senate and in the House of dents. While many of us are familiar many years, I was extremely pleased to Representatives should be so difficult see this provision included in the final with the National Education Associa- to pass. However, I am very glad to see bill. tion’s estimate that teachers spend, on that we have finally been able to push Our public school teachers are some average, $400 a year on classroom sup- the extension of these important tax of the unheralded heroes of our society. plies, other surveys show that they are benefits across the finish line. School teachers labor in often difficult spending even more than that. Indeed, First and foremost on the list of ex- and even dangerous circumstances. A I have spoken to dozens of teachers in pired tax provisions that are extended historic turnover is taking place in the my home State who tell me they rou- in this bill is the credit for increasing teaching profession. Unfortunately, tinely spend far in excess of the $250 de- research activities. The so-called re- these professionals receive an unfair duction limit—a few even as much as search credit has been instrumental in tax treatment under our tax law. Spe- $1,000—on materials they use in their this country in not only providing in- cifically, teachers find themselves classrooms. At every school I visit, I centives for conducting an increasing greatly disadvantaged by the lack of find teachers who are spending their amount of R&D among American com- deductibility of professional develop- own money to improve the educational panies, but also in keeping that re- ment expenses and of the out-of-pocket experiences of their students by search activity in this country in an costs of classroom materials that prac- supplementing classroom supplies. One environment where incentives to move tically all teachers find themselves such teacher is Debra Walker, who research offshore are proliferating. supplying. Furthermore, almost all teaches kindergarten and first grade in Because so many of our trading part- teachers find themselves providing the town of Milo, ME. She has taught ners are now offering generous tax and basic classroom materials for their stu- for more than 25 years. Year after year, other incentives in an attempt to lure dents. Because of tight education budg- she spends hundreds of dollars on away U.S.-conducted research, extend- ets, most schools do not provide 100 books, bulletin boards, computer soft- ing the research credit is of paramount percent of the material teachers need ware, crayons, construction paper, tis- importance just so we can keep ahead to adequately present their lessons. As sue paper, stamps and inkpads. She of the competition. a result, dedicated teachers incur per- even donated her own family computer Some may question the value of a sonal expenses for copies, art supplies, for use by her class. She described it retroactive extension of the research books, puzzles and games, paper, pen- well by saying, ‘‘These are the extras credit, particularly when it has been cils, and countless other needs. If not that are needed to make learning fun expired for nearly a year. After all, it for the willingness of teachers to pur- for children and to create a stimu- is difficult to argue that a retro- chase these supplies themselves, many lating learning environment.’’ actively provided incentive can have students would simply go without Another example is Tyler Nutter, a any real incentive effect, since the ac- needed materials. middle school math and reading teach- tivity it is designed to induce has al- I am pleased to see that this bill in- er from North Berwick, ME. After ready taken place. I am very happy cludes an extension of a teacher’s tax teaching for just 2 years, Tyler in- that my colleagues have recognized credit which will help teachers, in curred substantial ‘‘startup’’ fees as he there is another important factor at some small way, to cope with these built his own collection of needed work here. challenges and inequities. I believe teaching supplies. In his first years on Practically all of my colleagues much more must be done. That is why, the job, he spent well over $500 out of agree with me that the research credit earlier this year, I introduced the Tax pocket each year, purchasing books would be more effective if it were made Equity for School Teachers Act of 2006, and other materials that are essential permanent. Senator BAUCUS and I and S. 4027. S. 4027 will not only expand the to his teaching program. This tax de- others of our colleagues have long tax credit teachers can take for school duction is, in Tyler’s words, ‘‘a nice worked and argued for making the supplies, but also provide them a tax recognition of the contributions that credit permanent. Indeed, in 2001 the credit which will defer some of the in- many teachers have made.’’ Senate passed a permanent research creasing cost of training. I am hopeful The teacher tax relief we have made credit, but it was unfortunately we will be able to act on legislation available since 2001 is a small but sig- dropped in conference with the House. similar to S. 4027 next Congress, but I nificant way of helping teachers shoul- However, because we have almost al- am very pleased to see this basic tax der the expenses they incur to do their ways extended the research credit credit for teachers extended once again jobs well. Extending this provision for seamlessly, it has become a sort of de this Congress.

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11667 I thank the Senate for the oppor- Another important component of this Opportunity Act and the Andean Trade tunity to address this issue today, and bill is the payment for administration Preferences Extension Acts. I do sup- I urge my colleagues to support this of Medicare Part D vaccines. The legis- port their renewal. legislation. I also applaud the leader- lation specifies that during 2007, the However, I share the concerns of the ship for including a retroactive exten- administrative costs for a vaccine cov- Chairman of the Senate Finance Com- sion of the provision offering a 15-year ered by Medicare Part D are to be paid mittee, Senator GRASSLEY, that blan- cost recovery period for certain lease- under Medicare Part B. However, be- ket renewals are not in our Nation’s hold and restaurant improvements. ginning in 2008, the Medicare Part D best interest, especially when countries Failure to do so would mean an effec- coverage will include the administra- with rapidly expanding economies, tive tax increase on many thousands of tive costs for vaccines covered under such as India and Brazil, can avail small businesses. Likewise, I am Medicare Part D. Several months ago, I themselves of the unilateral pref- pleased to see that this bill has the brought this matter to the attention of erences granted in the Generalized Sys- foresight to include an extension of the Administrator of the Centers for tem of Preferences. I am also very con- some energy tax provisions that have Medicare and Medicaid Services and I cerned that the Andean Trade Pref- not yet expired. Some of these, includ- am pleased that this issue will be ad- erences Extension Act will be renewed ing the credit for electricity produced dressed through this bill. for nations like Ecuador, whose gov- from geothermal energy sources, are Also, the legislation includes a feasi- ernment has nationalized American- very important to my home State of bility study on how to create a na- owned corporations without paying Utah. It is refreshing to see that we are tional database to collect data on elder just compensation. being a little more proactive and ex- abuse. Let me make it clear that I am Therefore, I look forward to working tending provisions before they actually extremely disappointed that the Elder with Senator GRASSLEY and the in- expire. This represents a much more Justice Act was not approved for the coming chairman of the Senate Fi- responsible public policy approach second Congress in a row. This legisla- nance Committee, Senator BAUCUS, in than waiting to act until the provi- tion was passed unanimously by the order to better tailor our preference sions have already expired. Senate Finance Committee in both the systems so that we help developing na- I would now like to highlight some of tions lift their populations out of pov- the health care provisions that are in- 108th Congress and the 109th Congress. erty and craft a comprehensive strat- cluded in this legislation. First, I have I want to let my colleagues know that egy that will return American exports been a strong proponent of ensuring I will continue to fight for passage of this legislation during the 110th Con- to the surplus column. that patients continue to receive ac- Another issue included in this trade cess to quality health care by address- gress and it is my hope that my House portion of this bill is the granting of ing the scheduled reduction in the colleagues will be more willing to work Permanent Normal Trade Relations, Medicare physician reimbursement for with me next year in passing this bill. PNTR, for Vietnam. For years, I have 2007. This legislation prevents physi- We expect more than 78 million baby been very concerned regarding the reli- cian payment cuts in 2007 by freezing boomers to retire over the next three gious freedom of the Vietnamese peo- payments for physician services, and, decades and, in my opinion, we owe it ple. That was one of the major reason as a result, doctors will receive a 0 per- to our seniors to be more informed why in 2001, I voted against the Viet- cent update next year instead of a 5 about elder abuse. Passing the Elder nam Bilateral Trade Agreement. How- percent reduction. The bill also pro- Justice Act is the first step toward ac- ever, I have been encouraged by a se- vides a 1.5 percent bonus-incentive pay- complishing that goal. ries of reforms that have occurred that ment to doctors who report on quality During my tenure in the Senate, I culminated in the agreement on reli- measures in 2007. Finally, the provision have repeatedly voted in favor of free gious freedom between our two coun- provides a fund to promote physician trade. Most economists agree that free tries, in which Hanoi agreed to take payment stability and quality initia- trade is not only in the United States steps that were designed to improve tives in 2008. best interest but in the interest of de- I also am a proud advocate for pro- veloping nations throughout the world. conditions for people of faith, particu- viding Medicare patients continued ac- One of the most efficient ways that we larly in the Central Highlands, which cess to needed therapy. More specifi- can lift millions out of poverty is includes the Montagnards. Therefore, I cally, this legislation provides a 1-year through free trade. will support PNTR for Vietnam but I extension of the exceptions process es- However, since the end of the Second pledge eternal vigilance to ensure that tablished in the Deficit Reduction Act World War, the United States has, on a the Vietnamese Government lives up to of 2005 to allow Medicare beneficiaries number of occasions, accepted non- its commitments and ensure the basic to apply for additional physical, occu- reciprocal trade concessions in order to rights of its people. pational and speech language therapy further important Cold War and post- As to the economic benefits of grant- services if their treatment is expected Cold War foreign policy objectives. Ex- ing PNTR for Vietnam, it is true that to exceed the annual cap on therapy amples include offering Japan and Eu- Vietnam currently enjoys a $5.3 billion services. I am pleased that this provi- rope nonreciprocal access to American trade deficit over the United States. sion was included in the legislation we markets during the 1950s and 1960s in However, it should be noted that Viet- are considering today. order to strengthen the economies of nam has been an important customer In 2003, I introduced legislation that our allies and prevent the spread of of high-value goods, especially aircraft. was included in the Medicare Mod- Communism. Other examples of this This includes being a launch customer ernizations Act of 2003 to change the type of initiative include the General- for what promises to be one of the formula for Medicare reimbursement ized System of Preferences, the African United States premiere export products to physicians, since the previous for- Growth and Opportunity Act and the of this century the 787 Dreamliner. mula penalized those practicing in Andean Trade Preferences Extension The adoption of the Vietnam PNTR rural States like Utah. The bill extends Act. will not assist in remedying the trade the new formula through 2007, which In the past, we have afforded these deficit between our two countries. The will continue to raise payments in cer- unilateral trade preferences because of reason being, that unlike some free tain rural areas. the strength of American exports. But trade agreements that the United In addition, I fought to extend the times have changed. Our nation has States has entered into, the United availability of the Program of All-In- not enjoyed a trade surplus since 1975 States does not grant Vietnam unilat- clusive Care for the Elderly, PACE, and last year’s deficit widened to a eral preferential access to United program, which is of interest to those record $726 billion, increasing to 5.8 States markets. However, under the providing long-term, acute care for percent of the gross domestic product agreement Vietnamese tariffs on many frail elderly in rural areas, including from 5.3 percent in 2004 and 4.5 percent U.S. agricultural products will be re- Grand County in Utah. The legislation in 2003. duced from 27 percent to 15 percent or before the Senate would ensure that This is not say that I do not support less. The agreement also calls for the funds for the rural PACE grants are the renewal of the Generalized System elimination of 96 percent of the tariffs available through 2010. of Preferences, the African Growth and on scientific equipment. Scientific

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11668 CONGRESSIONAL RECORD — SENATE December 8, 2006 equipment is a significant export for ers dealing with things such as the strike to lie against it. You are going my home State of Utah. R&D tax credit, dividends, and capital to cause us to vote on a message from Therefore, I will support the Vietnam gains because I consider them to be ex- the House? A message from the PNTR as a means for American compa- tremely important, as does the vast House—we are going to concur in a nies to have greater access to this bur- majority of our conference. message from the House. geoning market and as a means of clos- But what has happened here is that We are not going to vote on the un- ing the trade deficit with this Nation. wasn’t enough. This bill, which could derlying substance of the bill. We are Finally, I support the Haitian Hemi- have been done within the terms of the not going to be allowed to amend the spheric Opportunity through Partner- budget, now comes to us well over what underlying substance of the bill even ship Encouragement Act. This is of were the original proposals, not only in though it adds $39 billion to the deficit. course a matter which has been the area of tax laws—and you may be We are not going to be allowed to brought to our attention, in part, able to defend some of the tax policy— strike earmarks in this bill—and there through the hard work of my friend but in the end, it is a spending policy. are earmarks in this bill—such as the Senator DEWINE. I understand that This is an omnibus spending bill. There $150 million for the District of Colum- with the enactment of this legislation is a lot of spending initiative in this bia, the rum excise revenue sharing tens of thousands of Haitians will find bill that is inappropriate and not au- proposal for Puerto Rico, the special employment in their country. This is thorized. That is why we have a Budget depreciation for ethanol, the extension something that we must do. Haiti is Committee to step up and say: Listen, of the tariff on ethanol coming into the poorest nation in the Western you want to put $4 billion in to move this country from Brazil, and the ear- Hemisphere, we must do all that we the responsibility for health care on marks go on. can to assist this nation, which is only certain coal mines from the coal min- We are not going to be allowed to 600 miles from our border, lift the ing companies to the taxpayers, and it vote on any of those items. A motion heavy hand of poverty and begin to is supposed to go through the author- to strike, the most simple right any provide for a better life for its people. izing committees and come to the Senator should have on any major ve- I would like to thank all of those in- floor; it is not supposed to be stuck in hicle coming before the Senate is being volved in getting this important piece a bill like this. denied to us. of legislation through both Congres- If you want to set up a phony mecha- This is an omnibus bill that violates sional bodies and saving American tax- nism to fund what should be done, three sections of the Budget Act which payers from an enormous tax increase which is a quick fix, a phony mecha- were not put in place for arbitrary or next year.∑ nism, if properly scored it would rep- technical reasons. They were put in Mr. GRASSLEY. Mr. President, I will resent about $36 billion of new spending place to try to deliver fiscal discipline reserve the remainder of my time. over the next 5 years. But because they to the Federal budget so that we don’t The PRESIDING OFFICER. The Sen- set it up as a 1-year item, they were pass on to our kids a lot of debt for ex- ator from New Hampshire is recog- able to get around that. There is a penditures which we want to do today. nized. budget point of order against that type That is the basic problem we have as Mr. GREGG. To begin with, I believe of action. a Congress. We continue to do things the time of the Senator has expired, You want to do earmarks—and yes, around here so that we can claim back unless I cannot count. there were earmarks. Regrettably, the home that we made these decisions Mr. GRASSLEY. I should have 2 min- Senator from Iowa misrepresented—if which spend money today, and then we utes left. I gave the Senator from Lou- he was referring to me—my representa- take that bill and we give it to our kids isiana 4. tion of what the earmarks were. I don’t who are not even born, our grand- The PRESIDING OFFICER. The Sen- consider the sales tax to be an ear- children who are not born. The purpose ator from New Hampshire has the mark. I consider it to be bad policy. I of the Budget Act is to keep us from floor. don’t even consider it to be a budget doing that. Mr. GREGG. Under the unanimous issue. These are real budget points of order. consent agreement, I believe the Sen- The Finance Committee has every There are some budget points of order ator from Iowa had 15 minutes, then I right to stick that in the bill within which I totally agree are technical. have 15 minutes. I believe the time has the terms of the budget as long as they The Senator from Iowa has pointed out run against the Senator from Iowa; is meet the budget requirements. It is a one about which he has a very good that correct? matter of policy. They chose that pol- case. I will be happy to work with him The PRESIDING OFFICER. The Sen- icy. I disagree with that policy. I think to try to correct that situation. But ator from New Hampshire is recog- it puts States that don’t have a sales these are not those. nized. tax at a disadvantage and puts low-in- There is spending in this bill which is Mr. GREGG. Mr. President, par- come Americans at a disadvantage be- an affront to anybody who genuinely liamentary inquiry: Can the Senator cause they cannot deduct it. That is believes that we should be fiscally dis- from Iowa reserve time? not an earmark. I never said that. To ciplined. It creates a new mandatory The PRESIDING OFFICER. The time represent that I said that is inaccurate. program of $4 billion which will take of the Senator from Iowa has expired. What I said was that you shouldn’t money, which should have been paid by Mr. GREGG. Thank you. bring a bill to the floor that is so inap- the coal companies to support the This is an embarrassing situation. It propriately over what the budget set health care of people who are harmed is embarrassing to be chairman of the out as the proper role for this com- or going to be harmed, and put that Budget Committee in the Republican mittee in the area of tax policy and cost on to the American taxpayers. It Party and have a bill brought to the what the Congress voted for and which is called coal in the stocking, I think, floor of the Senate which does such a has spending in it which hasn’t been in the Christmas season. grievous harm to the budget, to the authorized and which actually creates There is this doctors’ fix. I am 100 deficit, and to our obligations and renew mandatory programs which no- percent for the doctors’ fix. Obviously, sponsibilities of fiscal fairness to our body even knows about or spent any we should pay doctors fair compensa- citizens. time thinking about, which is going to tion to keep them in the Medicare Pro- The budget was set up in a manner cost us billions of dollars in the out- gram, but the understanding was we that would have allowed all the tax ex- years. You shouldn’t bring that type of would but pay for it with real dollars, tenders the Senator from Iowa has so bill to the floor to begin with as the not some phony mechanism that came aptly and appropriately praised—and Republican Party because it is wrong, out of the House in the dying days of which I support—to have been put in outside of fiscal discipline, which is the House session, a phony mechanism place without any budget points of what we are supposed to stand for—at which, if carried out to its natural ex- order against them. In fact, it was a re- least you shouldn’t bring it to the floor treme, will cost $36 billion over 5 years. sult of efforts on my part that we cre- in a manner in which, say, you are not We don’t score it that way because ated $106 billion of room within the going to allow it to be amended, you they use an extra little mechanism to budget so that we could do tax extend- are not even going to allow motions to make sure it doesn’t happen, saying it

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11669 will only be for 1 year, even though we licans are still concocting special in- most $19 million in the conversion of know we will have the same problem terest deals behind closed doors. They three historic buildings into a new next year. are still pursuing their agenda to fur- community health center providing We should not have a bill on the floor ther enrich the wealthy few while ne- primary care services to the uninsured. of the Senate that cannot be amended glecting the needs of working families. These tax credits translate into real that is filled with earmarks that ex- And they are still denying members a physical improvements in our commu- ceed the budget. One can argue that meaningful opportunity to debate and nities and improve the lives of our citi- maybe earmarks may make sense, and amend major legislation. zens. they do make sense in some instances, For months, the Republicans have For nearly a year the Republican and as long as they are within the been holding the extension of impor- leadership has been holding the exten- budget, because you are not spending tant tax provisions that benefit fami- sion of these tax provisions hostage to more, you are not adding to the deficit. lies and businesses hostage to their their special interest agenda. First, the But this bill does spend more, as I have special interest agenda. Many of these tax extenders were removed from budg- pointed out. tax extenders are essential to the con- et reconciliation legislation to make I have said it on occasion that the tinued growth of our economy and the room for capital gains and dividend tax job of the budget chairman is a touch well-being of American families. Unfor- breaks. Next, the extenders were tied thankless. In this instance, as I said, it tunately, most of these tax incentives to the virtual elimination of the inher- is embarrassing because it is sort of have already expired. Unless they are itance tax on multimillionaires’ es- that old Pogo line: We’ve met the reinstated before the end of they year, tates. Republican leaders vowed that enemy and he is us. The only people re- millions of individuals and businesses the tax extenders would never pass un- sponsible for this is the party that is will face a substantial tax increase less the Senate acquiesced in their ir- still in the majority. Sure, the other when they pay their 2006 taxes. That responsible estate tax scheme. Fortu- side is an accomplice. They understood would be terribly unfair. nately, that did not work. Even now, it was being done; they were for most What do these tax incentives actu- after a decisive repudiation of their of this stuff. As I said, when they ob- ally accomplish? The tuition tax credit agenda by the voters in last month’s tain power, I suspect their activities helps more than 31⁄2 million families election, the Republicans are still in- are going to be much more egregious in each year afford a college education for sisting on attaching special interest the area of spending discipline. Maybe their children. The work opportunity tax breaks to this ‘‘must pass legisla- they won’t be. If we look at the record, and welfare-to-work tax credits encour- tion.’’ They are now demanding an ex- I suspect one can argue that. age businesses to create jobs for eco- pansion of tax subsidies for health sav- But, quite honestly, the only people nomically disadvantaged workers. The ings accounts that only the wealthy who are to blame in this little exercise research and development tax credit can afford to use. These accounts do are us. I just sort of thought that after enables businesses to develop innova- nothing to help struggling families the last election we might have said to tive new products and stay competi- that cannot afford health insurance. the American people: Yes, we under- tive. The new markets tax credit gen- Instead, HSAs are just one more tax stand. You think we are supposed to be erates investment in underdeveloped avoidance scheme for the wealthy cre- the party of fiscal discipline, and we areas across the country. If Congress ated by this Republican Congress. haven’t been. We are going to try to be does not renew these tax incentives Had the leadership allowed a now. We are going to try to correct now, real people who depend on the op- straightforward extension of these tax that. portunities these tax benefits provide provisions for working families and We have been given another oppor- and the jobs they create will be hurt. businesses to come to the Senate floor, tunity, those of us who were not up for Let me describe the impact some of it would have passed with near una- election or survived reelection. We are these tax provisions have had on my nimity months ago. But they would going to try to do it a little better. We own State of Massachusetts. not. are not doing it better. We are just Over 97,000 Massachusetts families Health savings accounts already have doing the same darn thing: spending have benefited from the tuition tax de- the most preferential treatment in the money we don’t have that our children duction. For some of these students, tax code today. Unlike most other are going to have to pay for. this provision makes the difference be- types of accounts, contributions are I regret it. My job is to point it out. tween being able to afford a higher edu- not taxed, savings grow tax-free, and I intend to do that. I recognize I am cation and being denied the oppor- withdrawals are tax-free if they are going to lose this point of order, prob- tunity to fulfill their potential. For all used for health costs. ably overwhelmingly, but my job is to of them, it provides valuable financial Health savings accounts largely ben- point it out. assistance to cope with the rising cost efit the healthy and wealthy. Accord- There are three points of order of tuition and other school expenses. ing to the Government Accountability against this bill, and every one of them According to the Associated Indus- Office, those using health savings ac- is real. Every one of them deals with tries of Massachusetts, over 1,100 com- counts disproportionately have high in- money. Even the Senator from Alaska panies in our State—small and large— comes. The average income of those should probably support them. rely on the R&D tax credit. It helps with HSAs was $133,000, almost three One is a 302-point of order that deals provide the financial resources for times the income of the average tax with the fact that it is billions of dol- them to become leaders in innovation, filer. GAO also found that those with lars over the allocation of the com- to create well-paying new jobs, and to higher incomes made larger contribu- mittee. Another is the fact that it compete more effectively in global tions to their accounts. The majority spends more than the committee is al- markets. of those with HSAs did not withdraw located. And the third, ironically, is In Massachusetts, investors like any funds from them and many opened the pay-go point of order that we have Bank of America and Citizens Bank are the accounts because they were a good heard so much about from the other taking advantage of new markets cred- way to shelter money from taxes. side. its to reinvigorate our communities. But apparently the current HSA tax It is an interesting situation we con- The revenue from these tax credits are break was not a big enough tax loop- front here. As we close this Congress, I used to turn vacant buildings into hole. The Republicans want to let the hope we will show a little fiscal dis- thriving retail developments and even wealthy shelter even more money cipline and vote for these points of to rehabilitate endangered historic under the guise of health savings ac- order. buildings. The Massachusetts Housing counts. Mr. KENNEDY. Mr. President, the Investment corporation has used its The new provisions demonstrate that outrageous manner in which this tax tax credits to finance the renovation of the real purpose of these accounts is to extender bill is being handled proves the historic Colonial Theatre in Pitts- give the wealthy yet another vehicle to the Republican leadership did not hear field that will become a new per- avoid paying taxes. They allow people the clear message that the American forming arts center. And in downtown to ‘‘overfund’’ their accounts—to de- people sent on November 7. The Repub- Holyoke, the corporation invested al- duct more from their taxes than they

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11670 CONGRESSIONAL RECORD — SENATE December 8, 2006 actually pay in medical expenses. It trying to exercise their democratic in my party are anxious to get this bill takes away the provision under current rights. through this year because they know law that limits HSA contributions to Ensuring that all countries meet full well that the new incoming Demo- the annual amount of medical expenses basic labor standards benefits our econ- cratic majority in the House and Sen- the insured must pay before his health omy and American working families— ate would bristle at some of the trade insurance coverage kicks in. It would it also strengthens the economies in provisions in this proposal. Those who actually encourage account holders to developing nations. U.S. workers have supported the trade policies of the shelter more money than they expect should not be undermined by unfair past several years understand that this to spend on medical expenses. competition with countries that do not may be their last chance to pass ques- Deductibles for family health cov- honor worker rights. And the working tionable trade measures. erage that can be used in conjunction people of Columbia, Peru, Bolivia, and If that is the reason, I have little to with an HSA today range from $2,100 to Ecuador deserve to have an agreement say other than thank goodness the $10,500. A family can put funds up to that is thoughtful and gives serious 110th Congress is just around the cor- the threshold of their insurance cov- consideration to the significant issues ner. I am not sure the country could erage or $5,450, whichever is lower, into of labor and human rights. withstand another week of the kind of their account on a tax-free basis. This This is no way to conduct a trade trade policy that we have seen pro- bill delinks account funding from the policy. The United States can and must moted by both members of both parties amount of the health insurance deduct- do better. since the early 1990s. ible, making it easier for wealthy per- I am also concerned that this bill will It was during the session following sons to shelter funds beyond what they expand the District of Columbia vouch- the 1994 elections that a lameduck Con- need for health care. Under the new er program, which is a program that di- gress passed legislation implementing HSA language inserted in this bill, verts resources for public schools and the GATT trade agreement that estab- someone with a $2,100 deductible health lacks accountability for student per- lished the World Trade Organization. The trade model that the GATT and plan will be able to put $5,450 in their formance. Unlike public schools, which NAFTA established has been dev- account and let it grow on a tax-free are subject to the No Child Left Behind astating to thousands of communities basis. Act’s demanding accountability sys- The bill also will allow the one-time tem, this program has little account- across our country. We can only hope transfer of some funds from individual ability for improving student perform- that the action taken by this lameduck retirement accounts into a health sav- ance. It was authorized under very spe- Congress will mark the end of a disas- ings account without any taxes or pen- cific guidelines designed to create a 5- trous period of deeply flawed trade policies. And there is some hope be- alty owed. This will allow wealthy in- year demonstration program for low- cause the November elections did re- dividuals to shift funds from retire- income students. A provision expand- sult in dozens of new Members in both ment accounts whose distributions are ing eligibility for the program was in- Houses who reject that ruinous trade treated as ordinary income and subject serted in this bill by the House at the model. last minute. This provision detracts to taxes into a health savings account Beyond the trade issues, I have heard from the program’s focus on low-in- whose distributions are not taxed. This indirectly that some may want these will offer another new tax break to the come families and should be rejected. bills to go through during the 109th wealthy. At a minimum, it should be proposed in Congress so that their cost would be Health savings accounts may work a context open to debate on its merits. assigned to the current budget rather Because of the urgency of extending well as tax shelters for the wealthy— than to a budget that the new Demo- the important family and business tax and they will work even better with cratic majority will craft next year. I benefits I discussed earlier, we must these new provisions—but they do not certainly hope that this scuttlebutt is work for low- and moderate-income approve this legislation, despite the unfounded because it reflects a cynical families. While these families may special interest provisions that the Re- view of governing that we should re- have a high-deductible health plan be- publican leadership has attached to it. ject. It certainly won’t help those fu- cause it is all their employer offers or However, there will be a new Demo- ture generations of taxpayers who will because it is all they can afford, they cratic Congress taking office next be stuck with the additional debt that rarely have the means to fund a health month, and the outrageous provisions will result from this bill. savings account up to even the current added by the Republicans in the dark The bill also includes a fiscally irre- limit. of night can be repealed in the light of sponsible provision that will result in Make no mistake about it, the HSA day. Outer Continental Shelf drilling in the provisions are meant to help wealthy Mr. FEINGOLD. Mr. President, I will Gulf of Mexico. Just a few months ago, individuals and the banks and invest- oppose this measure. In addition to the Senate approved this same mis- ment vehicles that make money off containing some questionable policy guided policy, which will redirect bil- their accounts. These are the people provisions, such as the provisions re- lions of dollars in Federal revenues to who will gain from the expansions of lating to drilling in the Gulf of Mexico, just four States. While I support efforts HSAs, not the uninsured. and granting Vietnam permanent to provide needed assistance to those I also want to express some concerns most-favored-nation trading status, affected by Hurricane Katrina, we I have about the trade provisions that the bill before us contains expensive should not do so by creating a massive are included in this package. While entitlement spending and tax cuts that and long-term new entitlement for a trade brings enormous benefits to our have not been fully offset. As a result, handful of States. economy, we need to ensure that free the legislation will increase the deficit This measure has also been used to trade is fair trade. A provision in this by $40 billion over the next 5 years. jam through a provision to expand the bill regarding the Andean countries se- I can count votes as well as the next income eligibility of the District of Co- verely limits the process for the free- person, and it is obvious that this lumbia school voucher program. I op- trade agreements currently being nego- measure will pass and pass by a large pose school vouchers because such pro- tiated and creates pressure to accept margin and with bipartisan support. grams funnel taxpayer money away the inadequate agreements negotiated That is disappointing, because while from the public schools and instead di- by the Bush administration. Members of my own party have rightly rect Federal dollars to private schools Time and again this administration called for a return to the budget rules that do not have to adhere to the same only requires countries to enforce their requiring that tax cuts and increased Federal, State, and local account- own labor laws and not live up to inter- entitlement spending be offset, some ability provisions, civil rights laws, national standards. This is a serious are nevertheless pushing for the enact- and regulations that apply to public problem where laws are weak. Peru has ment of this measure without any seri- schools. consistently denied workers the right ous effort to require such offsets. However, as is the case of nearly any to form unions and to enforce their One might wonder why that is. At bill of this size, there are some good rights. In Columbia, labor advocates least two reasons come to mind. First, provisions in it. This bill provides re- are blacklisted and even murdered for there are reasons to believe that some lief for physicians who would have seen

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11671 a reduction in payment of 5.1 percent Despite some worthy provisions, this serve on the Senate Finance Com- in the absence of legislative action, bill, on balance, is fiscally irrespon- mittee and I was disturbed by a num- and it goes a step further to provide sible, and I cannot support it. Perhaps ber of issues that were raised during payments for physicians who report the most telling gauge of this bill’s committee consideration of this issue. quality-of-care data. This is a first step cost is that it even violates the lax I voted ‘‘Present’’ when this legislation toward implementing some kind of budget rules set forth in the last budg- was approved by the committee be- pay-for-performance in Medicare, and I et resolution adopted by this Congress, cause I wanted to have more time to think this is something that should be the 2005 budget resolution. That is examine these issues more in depth. pursued. Quality improvement is cer- right,this bill violates the loose fiscal What I have found has disturbed me tainly something that the State of Wis- rules adopted by Congress 2 years ago. and made it impossible for me to sup- consin has been a leader in, and I am In some ways, this bill is a fitting port such a measure at this time. happy to see that there are Federal in- end to the 109th Congress. It is a fair I believe that access to free markets centives for quality improvement. summary of the fiscal recklessness in should depend on access to other free- I am especially pleased to see that which the White House and this Con- doms such as political freedom and this bill includes a measure that is gress have engaged. I very much hope human rights. Despite increased diplo- very important to Wisconsin and other that when they take their seats in the matic ties between the United States rural States—an extension of a provi- 110th Congress, the new majority will and Vietnam over the past 15 years, we sion enacted in the Medicare Mod- govern in a more fiscally responsible must not forget that Vietnam is still a ernization Act, MMA, that will keep manner, adopt tough, commonsense Communist country. A country made physicians in rural States paid at a budget rules, and put an end to this up of only one political party that con- comparable level to those in other kind of budget-busting, debt-swelling tinues to deny its citizens the basic States. Under current Medicare law, legislation. freedoms of speech, press, and religion. Wisconsin physicians are paid less than Mr. BUNNING. Mr. President, I re- Now some of my colleagues would physicians in other areas of the coun- gret that I cannot support the tax ex- argue that we should grant permanent try, even though the work they do is tender bill before us today. normal trade relations, PNTR, to Viet- identical. This provision helps address I have long worked to ensure the pas- nam because the State Department re- this inequity so that physicians who sage of several of the provisions con- cently removed them from their list of practice in States with large rural tained in this bill. In particular, I ‘‘Countries of Concern’’ for severe vio- areas will not be at a disadvantage. I strongly support the extension of the lations of religious freedom. Vietnam am pleased to see that Congress has tax provisions and the OCS drilling has been on this list for the last ten taken the right steps to ensure that provisions. In fact, I have voted for en- years but was removed this year—just Medicare dollars are more fairly dis- actment of both of these pieces of leg- one day before the Asia-Pacific Eco- tributed throughout the State of Wis- islation a number of times this year. I nomic Cooperation—APEC—Leaders consin and our Nation. am very saddened that these provisions Meeting in Vietnam. I believe that These fixes for physician payment are presented before the Senate today they were removed more for diplomatic will be paid for with the Medicare slush coupled as a part of a larger package reasons than anything else. Evidence fund that provided ‘‘bonus’’ payments that I cannot favor. presented to me by the International to insurance companies. These pay- I want to make it clear to my con- Commission on Religious Freedom ments were unnecessary and simply stituents and to American families, shows that Vietnam has done very lit- provided a cash flow of taxpayer dol- taxpayers and businesses that I recog- tle to warrant such a removal. lars to an industry already awash in nize the immense importance of the Vietnam’s record on human rights money. I have long advocated for tax extender provisions and will do all and religious freedom is abysmal—ab- elimination of this fund, and I am glad that I can to ensure that they are en- solutely abysmal. Hundreds of political to see it used in a way that actually acted as soon as possible. and religious prisoners remain behind benefits the American people rather Likewise, I am a cosponsor of Sen- bars in a country that lacks any sort of than big business. ator DOMENICI’s original Senate bill re- a real judicial system. Arrests and de- There are other good measures in the garding OCS drilling and I look forward tentions of religious leaders continue health portion of this bill. These in- to the day these provisions become daily. They are often arrested for no clude technical corrections to the so- law. This bill is a first step in pro- other reason than the practice of their called Deficit Reduction Act, an exten- viding domestic energy that will bring religion or for possession of nongovern- sion of a provision to help Medicare down prices while decreasing our de- ment-mandated religious materials beneficiaries have better access to pendence on Middle Eastern oil. I will such as Bibles. physical therapy, and a provision to continue to work toward expanded ac- Forced renunciations of faith also help protect State Medicaid budgets. cess in the Gulf of Mexico and with any continue on a daily basis. While this is These are all important to the health other states who would like to pursue prohibited by Vietnamese law there is care of people in our country, and are offshore drilling. no criminal penalty for carrying out policies that I support. Despite my strong support for many this practice—so it continues. In this It is unfortunate that this bill does provisions of this bill, I must oppose it practice, religious followers are de- not include a measure agreed to in the because I have a number of funda- tained, threatened, and beaten in order proposed Senate bill that would have mental concerns about it. to force them to recant their faith or preserved children’s health care in our First and foremost, I object vehe- stop their religious activities. I ask my country. This measure was budget neu- mently to the inclusion of legislation colleagues to imagine what it would be tral, a good policy, and the right thing granting permanent normal trade rela- like to have your faith literally beaten to do, but the other body would not tions status, PNTR, to Vietnam in this out of you? I find such a practice per- agree to this provision that would have bill. The decision of whether to grant verse. prevented budget shortfalls in State PNTR status to Vietnam is a very im- Aside from beatings and renunci- Children’s Health Insurance Programs, portant decision that will have con- ations of faith, churches are often de- SCHIP, in 14 States in fiscal year 2007. sequences well into the future and it stroyed, property is seized and people Wisconsin is one of the States that will deserves to be debated on its own mer- are continually placed under house ar- see a shortfall next year, and I will its by both the House and Senate. It is rest. Religious materials and chari- work aggressively to see that this inappropriate for legislation of this table activities are also severely re- shortfall is addressed before it harms magnitude to be attached to other rel- stricted by the government. They even children in Wisconsin. It is shameful atively noncontroversial legislation in retain the right to appoint all Catholic that Congress will add $40 billion to an attempt to quiet any objections and bishops and seminarians; a right that our deficit for tax breaks, but we can- ensure its enactment. is reserved solely for the Vatican. In not agree to a budget-neutral measure I have spent a lot of time contem- the past year, Vietnam has done very to provide health care to children who plating whether I should support the little to help strengthen its relations would otherwise not have it. granting of PNTR status to Vietnam. I with the Vatican and still refuses to

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11672 CONGRESSIONAL RECORD — SENATE December 8, 2006 allow them to build a seminary in their I am sorry to see that some of my The PRESIDING OFFICER. On this country. colleagues are more interested in vote, the yeas are 67, the nays are 21. Vietnam has acknowledged the fact quickly going home rather than work- Three-fifths of the Senators duly cho- that these abuses occur. Last year they ing to draft legislation that falls with- sen and sworn having voted in the af- even went so far as to enter into agree- in our budget and is more than the firmative, the motion is agreed to. ment with the State Department to try Christmas tree we have here. I urge my CLOTURE MOTION to end such abuses, but unfortunately colleagues to oppose this legislation little if any real progress was made es- and to continue to work to find an- The PRESIDING OFFICER. Under pecially in the rural areas of the Cen- other solution on how to pass some of the previous order, pursuant to rule tral and Northwest Highlands. While the good provisions in this package. XXII, the Chair lays before the Senate there was a great deal of talk of re- Mr. GREGG. I yield the floor, and I the pending cloture motion, which the form, there was little action. This is at yield back the remainder of my time. clerk will state. a time when Vietnam is seeking to The PRESIDING OFFICER. Time has The legislative clerk read as follows: more fully participate in the global expired. The question is on agreeing to CLOTURE MOTION economy and international commu- the motion to waive the Budget Act. We the undersigned Senators, in accord- nity. I find that unacceptable. The yeas and nays have been ordered. ance with the provisions of rule XXII of the I fear that in granting Vietnam per- The clerk will call the roll. Standing Rules of the Senate, do hereby manent normal trade relations, PNTR, The legislative clerk called the roll. move to bring to a close debate on the mo- we would take away a key incentive for Mr. MCCONNELL. The following Sen- tion to concur in the House amendment to them to implement any type of real re- H.R. 6111: to amend the Internal Revenue ators were necessarily absent: the Sen- form. Code of 1986 to provide that the Tax Court Vietnam is on its best behavior while ator from Kansas (Mr. BROWNBACK), the may review claims for equitable innocent it is under the international spotlight, Senator from Nebraska (Mr. HAGEL), spouse relief and to suspend the running on but what will happen after this trade the Senator from Utah (Mr. HATCH), the period of limitations while such claims deal is signed? I fear that the con- the Senator from Arizona (Mr. are pending. MCCAIN), the Senator from Alaska (Ms. Bill Frist, Johnny Isakson, Richard Burr, sequences of this would be too great. Jon Kyl, R.F. Bennett, Christopher In addition to my opposition to the MURKOWSKI), the Senator from Penn- sylvania (Mr. SPECTER), and the Sen- Bond, John Cornyn, Rick Santorum, inclusion of the Vietnam trade provi- Mike Crapo, Jim Talent, Pat Roberts, ator from Virginia (Mr. WARNER). sions in this legislation, this package Chuck Grassley, Pete Domenici, Jim also includes a health component that Further, if present and voting, the DeMint, John Thune, Kay Bailey primarily deals with the Medicare and Senator from Utah (Mr. HATCH) and the Hutchison, George Allen. Senator from Virginia (Mr. WARNER) Medicaid Programs. I am extremely The PRESIDING OFFICER. By unan- would have voted ‘‘yea.’’ disappointed that the negotiators on imous consent, the mandatory quorum Mr. DURBIN. I announce that the this bill decided to take money from call has been waived. Senator from Delaware (Mr. BIDEN), the Medicare stabilization fund to pay The question is, Is it the sense of the for other spending in the bill. the Senator from Connecticut (Mr. Senate that debate on the motion to When Congress created the new Medi- DODD), the Senator from Vermont (Mr. concur in the House amendment to the care drug benefit in 2003, it was very JEFFORDS), the Senator from New Jer- Senate amendment to H.R. 6111, an act important to me and other Members sey (Mr. LAUTENBERG), and the Senator to amend the Internal Revenue Code of that all Medicare beneficiaries have ac- from Connecticut (Mr. LIEBERMAN) are cess to Medicare managed-care plans. necessarily absent. 1986 to provide that the Tax Court may The stabilization fund was created to The PRESIDING OFFICER. Are there review claims for equitable innocent provide incentives for managed care any other Senators in the Chamber de- spouse relief and to suspend the run- plans to remain or enter the Medicare siring to vote? ning on the period of limitations while Advantage program, thereby ensuring The yeas and nays resulted—yeas 67, such claims are pending, shall be that beneficiaries in rural areas of this nays 21, as follows: brought to a close? The yeas and nays are mandatory country—including many parts of Ken- [Rollcall Vote No. 277 Leg.] under the rule. The clerk will call the tucky—had access to Medicare man- YEAS—67 aged care plans. roll. Some people argue that the stabiliza- Akaka Frist Obama Allard Grassley Pryor The assistant legislative clerk called tion fund is not necessary. Quite hon- Allen Harkin Reed the roll. estly, however, it is too early to tell if Baucus Hutchison Reid Mr. MCCONNELL. The following Sen- this fund is necessary. The Medicare Bayh Inouye Roberts ators were necessarily absent: the Sen- Bennett Johnson Rockefeller Advantage program has only been up ROWNBACK Bond Kennedy Salazar ator from Kansas (Mr. B ), the and running for 1 year. At this point, Boxer Kerry Santorum Senator from Nebraska (Mr. HAGEL), Byrd Kohl we don’t know what will happen to the Sarbanes the Senator from Utah (Mr. HATCH), Cantwell Kyl Medicare Advantage program 5 or 10 Schumer Carper Landrieu the Senator from Arizona (Mr. Sessions years down the road, and we shouldn’t Clinton Leahy MCCAIN), the Senator from Alaska (Ms. Shelby be spending the money from the sta- Cochran Levin MURKOWSKI), the Senator from Penn- Coleman Lincoln Smith bilization fund before we do. Snowe sylvania (Mr. SPECTER), and the Sen- This fund was supposed to ensure Collins Lott Cornyn Lugar Stabenow ator from Virginia (Mr. WARNER). that all Medicare beneficiaries have Craig Martinez Stevens Further, if present and voting, the equal access to managed care plans, Dayton McConnell Talent Senator from Utah (Mr. HATCH) and the and it is irresponsible for Congress to DeWine Menendez Thomas Senator from Virginia (Mr. WARNER) view this account as a piggy bank to Domenici Mikulski Thune Durbin Murray Vitter would have voted ‘‘yea.’’ fund other spending. Enzi Nelson (FL) Wyden Finally, I would be remiss if I failed Feinstein Nelson (NE) Mr. DURBIN. I announce that the Senator from Delaware (Mr. BIDEN), to mention the budgetary impact of NAYS—21 this bill. As Chairman GREGG of the the Senator from Connecticut (Mr. Alexander Coburn Feingold DODD), the Senator from Vermont (Mr. Senate Budget Committee has already Bingaman Conrad Graham pointed out, this bill is a budget bust- Bunning Crapo Gregg JEFFORDS), the Senator from New Jer- er. It will break the budget by at least Burns DeMint Inhofe sey (Mr. LAUTENBERG), and the Senator $17 billion. The bulk of the cost of this Burr Dole Isakson from Connecticut (Mr. LIEBERMAN) are Chafee Dorgan Sununu necessarily absent. bill is not found in the tax extenders— Chambliss Ensign Voinovich they represent less than a third of the The PRESIDING OFFICER. Are there cost. The cost of this bill is in the ex- NOT VOTING—12 any other Senators in the Chamber traneous items that were added to the Biden Hatch McCain who desire to vote? Brownback Jeffords Murkowski bill—many, I suspect, in order to en- Dodd Lautenberg Specter The yeas and nays resulted—yeas 78, sure its passage today. Hagel Lieberman Warner nays 10, as follows:

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11673 [Rollcall Vote No. 278 Leg.] [Rollcall Vote No. 279 Leg.] but you are talking to an air traffic YEAS—78 YEAS—79 control tower, and the voice on the Akaka Domenici Mikulski Akaka Domenici Mikulski other end is somebody who is reas- Alexander Durbin Murray Alexander Dorgan Murray suring, somebody who is calm, some- Allard Ensign Nelson (FL) Allard Durbin Nelson (FL) body who gets the big picture, who Allen Ensign Allen Enzi Nelson (NE) Nelson (NE) knows what is at stake and ultimately Baucus Feinstein Obama Baucus Enzi Obama Bayh Frist Pryor Bayh Feinstein Pryor can vector you right around that thun- Bennett Grassley Reed Bennett Frist Reed derstorm. Bond Harkin Reid Bingaman Grassley Reid Bond Harkin And that is Ramona. Ramona, who is Boxer Hutchison Roberts Roberts Boxer Hutchison the expert in terms of scheduling, in Burr Inhofe Rockefeller Rockefeller Byrd Inouye Salazar Byrd Inhofe Salazar terms of that coordination, who keeps Cantwell Isakson Santorum Cantwell Inouye Santorum the flights landing safely and keeps Carper Johnson Sarbanes Carper Isakson Sarbanes Chafee Kennedy Schumer Chafee Johnson those flights landing on time. She Chambliss Kerry Sessions Chambliss Kennedy Schumer prioritizes literally hundreds of meet- Clinton Kohl Shelby Clinton Kerry Sessions ing requests with flexibility and effi- Cochran Kyl Smith Cochran Kohl Shelby Coleman Landrieu Snowe Coleman Kyl Smith ciency. And when someone puts a last- Collins Leahy Stabenow Collins Landrieu Snowe minute kink in the schedule, which as Cornyn Levin Stevens Conrad Leahy Stabenow we all know occurs all too often, she Craig Lincoln Talent Cornyn Levin Stevens works hard to correct it. She handles it Crapo Lott Thomas Craig Lincoln Talent Dayton Lugar Thune Crapo Lott Thomas with perfect aplomb. DeMint Martinez Vitter Dayton Lugar Thune When other staff members are out DeWine McConnell Voinovich DeMint Martinez Vitter traveling with me or at committee Dole Menendez Wyden DeWine McConnell Wyden Dole Menendez meetings or monitoring the floor, Ra- NAYS—10 mona is back in that office holding NAYS—9 Bingaman Conrad Gregg down the fort. She is always working Bunning Dorgan Sununu Bunning Coburn Gregg behind the scenes to make our lives Burns Feingold Burns Feingold Sununu Coburn Graham Burr Graham Voinovich run as smoothly as possible. It gets hectic. Everybody here knows that. Ev- NOT VOTING—12 NOT VOTING—12 erybody wants something all the time. Biden Hatch McCain Biden Hatch McCain Brownback Jeffords Murkowski And I know there are many days when Brownback Jeffords Murkowski she is—and these are her words— Dodd Lautenberg Specter Dodd Lautenberg Specter Hagel Lieberman Warner Hagel Lieberman Warner ‘‘hanging on by her fingernails.’’ But despite the intense pressures of her job, The PRESIDING OFFICER. On this The PRESIDING OFFICER. Without objection, the Senate concurs in the the stress of juggling that busy sched- vote, the yeas are 78, the nays 10. ule and responding to untold invita- Three-fifths of the Senators duly cho- House amendment to the title. Mr. FRIST. I move to reconsider the tions and meeting requests, not to sen and sworn having voted in the af- mention working for a demanding—not firmative, the motion is agreed to. vote and move to lay that motion on the table. so demanding, but a demanding—boss, The PRESIDING OFFICER. Under The motion to lay on the table was Ramona not only maintains her cool, the previous order, the motion to con- agreed to. but she keeps the office upbeat and lit- cur with an amendment is withdrawn. The PRESIDING OFFICER. The ma- erally fun. The question is on the motion to con- jority leader is recognized. Her talents take many forms. She is cur with the amendment of the House. TRIBUTE TO RAMONA LESSEN a professional pianist, professional at Mr. GRASSLEY. Mr. President, I ask least in my eyes. You will find her for the yeas and nays. Mr. FRIST. Mr. President, I say hello to her as I come to the office every playing at our Christmas parties, at The PRESIDING OFFICER. Is there a the Bible study groups we have here, at sufficient second? morning. And I say goodbye to her after I have closed the Senate each her church, and even in the studios in There is a sufficient second. evening. The ‘‘her’’ is Ramona Lessen, Music City USA, Nashville, TN. The clerk will call the roll. my gatekeeper, my jailer, a distin- She is a formidable athlete. She runs The legislative clerk called the roll. guished member of my staff. a little slow but a formidable athlete. Mr. MCCONNELL. The following Sen- Twelve years ago, I was a newly She led the Frist staff softball team to ators were necessarily absent: the Sen- elected Senator, a brandnew Senator winning seasons—championship sea- ator from Kansas (Mr. BROWNBACK), the who got lost trying to find his way to sons really; but we will say winning Senator from Nebraska (Mr. HAGEL), this place called the Russell Building. seasons—for 4 consecutive years, pitch- the Senator from Utah (Mr. HATCH), My chief of staff was just as green, just ing with a changeup that baffled even the Senator from Arizona (Mr. as new as me. We were all learning the the most experienced batters. MCCAIN), the Senator from Alaska (Ms. ropes of the Senate together. But one She does have an infectious laugh, MURKOWSKI), the Senator from Penn- member of our staff at least was not that endearing cackle that we all know sylvania (Mr. SPECTER), and the Sen- new. She took us under her experienced and have come to love. She treats the ator from Virginia (Mr. WARNER). wing, and we took off on what has been staff to doughnuts on many a Friday. Further, if present and voting, the a magical flight. She keeps me posted on the where- Senator from Utah (Mr. HATCH) and the That person is Ramona Lessen, my abouts of former staff members, Mem- Senator from Virginia (Mr. WARNER) executive assistant, who became very bers who worked with us 12 years ago would have voted ‘‘yea.’’ quickly the geographic and operational and 10 years ago and 8 years ago. And Mr. DURBIN. I announce that the commander and controller of the Frist if you go into her office back in the Senator from Delaware (Mr. BIDEN), office. majority leader’s office, she has a baby the Senator from Connecticut (Mr. Little did I realize when I first board with candid photos of our staff DODD), the Senator from Vermont (Mr. brought Ramona onboard that she and their children. JEFFORDS), the Senator from New Jer- would sit right outside—right outside— She frequently carpools in with her sey (Mr. LAUTENBERG), and the Senator my office door, for not the next year or beloved husband Joe, who is always at from Connecticut (Mr. LIEBERMAN) are 2 years or 3 years or 4 years, but for 5, her side, who has also spent many a necessarily absent. 6, 7, 8, 9, 10, 11, 12 years. As many of my late night out front waiting for her, as The PRESIDING OFFICER. Are there colleagues know, I am a pilot, and I we finished business. And most people any other Senators in the Chamber de- have flown a long time. I love to fly. know we finish fairly late. siring to vote? And nothing is more comforting when She gave us daily updates when her The yeas and nays resulted—yeas 79, you are flying an airplane close to a son Robert was proudly serving in Iraq, nays 9, as follows: thunderstorm, and you are there alone, representing freedom, and their son

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11674 CONGRESSIONAL RECORD — SENATE December 8, 2006 Jonathan was proudly serving in Af- The PRESIDING OFFICER. The Sen- which it has been forced to operate, the ghanistan—a family proudly serving ator from Maine. Postal Service has been at great finan- this country. f cial risk. In fact, the Government Ac- Ramona is the glue of the Senate countability Office aptly describes it as POSTAL ACCOUNTABILITY AND Frist staff family, and she is an exten- a potential death spiral in which esca- ENHANCEMENT ACT sion of my own family. When we first lating rates lead to lower volume, moved to Washington, she reached out, Ms. COLLINS. Mr. President, short- which in turn leads to even higher she helped Karyn and me and our three ly, the Senate will consider H.R. 6407, rates, which in turn causes the Postal boys, Bryan, Jonathan, and Harrison the Postal Accountability and En- Service to lose more business. settle into a new city, a new city we hancement Act. As the Presiding Offi- The Postal Service faces the chal- had spent no time in at all. She has cer is very well aware, since he has lenge of the electronic age. It also has watched my three sons grow from three been a key player in molding this im- been saddled with more than $90 billion young boys to three young men. portant legislation, this postal reform in unfunded liabilities and obligations, Ramona, you have kept my life orga- legislation has been a long time com- which has included debt to the Treas- nized for 12 years. You have faithfully ing. And it is great news for the U.S. ury, nearly $7 billion to workers’ comp served your country in the Senate for economy. claims, $5 billion for retirement costs, 27 years—271⁄2 years. And you have done This legislation represents the cul- and as much as $45 billion to cover re- a tremendous, tremendous job. mination of a process that began back tiree health care costs. The Comp- Thank you, Ramona, for sticking in 2002 when a group of constituents troller General of the United States, with us all these years. Thank you, and came to me, sat down with me in David Walker, has cited these figures we love you. Maine, and taught me the importance to point to the urgent need for ‘‘funda- I yield the floor. of the Postal Service to the viability of mental reforms to minimize the risk of The PRESIDING OFFICER. The Sen- their businesses and to the employees a significant taxpayer bailout for a ator from Louisiana. they had. dramatic postal rate increase.’’ And it f This coalition of groups included a is telling, indeed, that the Postal Serv- Maine catalog company, a paper manu- ice has been on GAO’s high-risk list THANKING STAFF WHO WORKED facturer, a printer, a local financial since April of 2001. ON THE GULF OF MEXICO SECU- services company, and a publisher. With this landmark reform legisla- RITY LEGISLATION They all came together and it was from tion, we will put the Postal Service on Ms. LANDRIEU. Mr. President, I them that I learned just how vital the a firm financial footing. We endorse wanted to just take a minute. I spoke Postal Service is to our economy. the principle of universal service, of af- before the vote and thanked many of So shortly after that meeting in the fordable, predictable postal rates. This my colleagues for their extraordinary summer of 2002, I introduced a bill to legislation will modernize the Postal work on passing the Gulf of Mexico se- establish a Presidential commission Service’s rate-setting process and pro- curity bill, which Senator DOMENICI led charged with examining the problems vide much-needed rate predictability and so many of us helped. But I did not of the Postal Service and charged with for postal customers. Without this re- have an opportunity at that time to developing specific recommendations form, postal ratepayers would have thank so many staff people who put and legislative proposals that the Con- faced billions of dollars in higher— their heart and mind and spirit into gress and the Postal Service could im- much higher—rates over the next sev- this action, which is really a historic plement. eral years. accomplishment for the State of Lou- The President appointed the mem- The 750,000 career employees of the isiana and the gulf coast. bers of the commission. They worked Postal Service often labor without any- This effort goes back 9 years, and very hard. They came up with an excel- one really knowing who they are, but there are many staff people who con- lent report which provided, in many their efforts play an absolutely essen- tributed. I want to read into the ways, the basis for the landmark legis- tial role in the American economy. The RECORD and mention some of the En- lation that I believe we will finally Postal Service is the linchpin of a $900 ergy staffers who worked with me over clear tonight. billion mailing industry that employs 9 the years, and legislative directors and During the next 4 years, the Home- million people in fields as diverse as di- chiefs of staff who have helped make land Security and Governmental Af- rect mailing, printing, catalog compa- this possible: Dionne Thompson, Ben fairs Committee, which I had been priv- nies, paper manufacturing, publishing, Cannon, Jason Schendle, Tom Michels, ileged to chair, worked very hard to and financial services. The health of Elizabeth Craddock, Kathleen craft the most sweeping changes in the the Postal Service, therefore, is essen- Strottman, Jason Matthews, Janet U.S. Postal Service in more than 30 tial to the vitality of thousands of Woodka, Adam Sharp, Rich Masters, years. companies and the millions of employ- Norma Jane Sabiston, and my current Senate passage of this legislation ees they serve. chief of staff, Ron Faucheux. will help the 225-year-old Postal Serv- This bill represents years of hard There were many other staffers on ice meet the challenges of the 21st cen- work. As chairman of the committee the committees, from both sides of the tury. with jurisdiction, I held a series of aisle, who helped to make this bill pos- As a Senator representing a large eight hearings, including a joint hear- sible. But in the Landrieu office, none rural State, I want to ensure that my ing with our House colleagues, during of this would have gotten done without constituents, whether they live in the which we reviewed the recommenda- the people who just worked tireless northern woods or on our islands or in tions of the President’s commission hours, year after year, through victory our many small rural communities, and we heard from a wide range of ex- and defeat, through disappointments have the same access to Postal Serv- perts and stakeholders, including rep- and setbacks, to keep their eye on the ices as the people of our cities. If the resentatives of the postal employees ball to make this historic bill that is Postal Service were no longer to pro- unions, the Postal Service itself, ad- going to do so much to help the south- vide universal service and deliver mail ministration officials, mailers, the ern part of our State, the entire State, to every customer, the affordable com- postmasters, postal supervisors, pub- and the whole southern part of the munications link upon which many lishers—a wide variety of groups. In United States, to gain its footing, to Americans rely would be jeopardized. fact, there is a broad coalition sup- rebuild, to restore these wetlands, and Most commercial enterprises would porting this bill, including many non- protect some great infrastructure for find it uneconomical, if not impossible, profit mailers, which rely on affordable America. to deliver mail and packages to rural postal rates. So I want to thank my colleagues, Americans at the affordable rates There are many people who have particularly Senator FRIST and Sen- charged by the Postal Service. worked very hard to craft the very ator REID, for their work in guiding us But for several years now, the Postal delicate compromise that is before us to victory tonight. Thank you. Service has clung to the edge of an tonight. I particularly thank Senators I yield the floor. abyss. Under the business model in CARPER, COLEMAN, and LIEBERMAN for

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11675 their assistance but also our House col- $78 billion over 6 years. This is a com- on this bill. This has been an issue leagues. I will have more to say about plicated issue. It has to do with the re- which has meant a great deal to her, them later. sponsibility for paying for the military and she has been working on postal The compromise legislation before retirement credits of postal employees issues for a long time. She is a recog- the Senate replaces the current and also money that was put into an nized expert, and without her exper- lengthy and litigious rate-setting proc- escrow account to compensate for an tise, we would not be here tonight. ess with a rate cap-based structure for overpayment into the civil service re- I finally also want to thank the com- products such as first class mail, peri- tirement system. These savings will be mittee’s new staff director, Brandon odicals, and library mail. For 10 years, used to pay off debt to the U.S. Treas- Milhorn, for bringing his judgment to the price changes for market-dominant ury, to fund health care liabilities, and bear on this issue. products like these will be subject to a to mitigate future rate increases. There are so many people who have 45-day prior review period by the Post- This compromise is not perfect and, worked so hard, but the collective ef- al Regulatory Commission. The Postal indeed, earlier tonight, there were fort of everyone has produced a bill of Service will have much more flexi- issues raised by the appropriators—le- which we can be proud. bility, but the rates will be capped at gitimate issues—that threatened at It is not a perfect bill, but I am con- the CPI. That is an important element one point to derail the bill again. It has vinced it will put the U.S. Postal Serv- of providing 10 years of predictable, af- been a delicate compromise to satisfy ice on a sound financial footing for fordable rates, which will help every all of the competing concerns. Every- years to come. customer of the Postal Service plan. one has had to compromise, but I think The PRESIDING OFFICER. The Sen- After 10 years, the Postal Regulatory we have come up with a good bill. This ator from Delaware. Commission will review the rate cap compromise will help ensure a strong Mr. CARPER. Mr. President, I concur and, if necessary, and following a no- financial future for the U.S. Postal with many of the remarks the Senator tice and comment period, the Commis- Service and the many sectors of our from Maine has made. She has listed a sion will be authorized to modify or economy that rely on its services, and host of people who played critical roles adopt an alternative system. it reaffirms our commitment to the in the adoption of the legislation, ham- While this bill provides for a decade principle of universal service that I be- mering out a difficult compromise over of rate stability, I continue to believe lieve is absolutely vital to this institu- the last 4 years. I salute her for her that the preferable approach was the tion. leadership and thank her for her lead- permanent flexible rate cap that was Finally, there are so many people ership. included in the Senate-passed version both within Congress, within the ad- I especially say thank you to Ann of this legislation. But, on balance, ministration, and among the stake- Fisher, who has served for Senator this bill is simply too important, and holders who have worked very hard to COLLINS and really for us, for the great that is why we have reached this com- bring this legislation to a successful work she has done in the course of this promise to allow it to pass. We at least conclusion. I cannot name them all, effort. will see a decade of rate stability, and but I want to name some of them. I have been blessed with my own staff I believe the Postal Rate Commission, Senator CARPER and his staffer, John and a young man named John at the end of that decade, may well de- Kilvington, have been here every step Kilvington from New Castle, DE, who cide that it is best to continue with a of the way. Senator CARPER was the came here with me 6 years ago and be- CPI rate cap in place. It is also, obvi- original cosponsor of the bill and has came an expert of his own with respect ously, possible for Congress to act to worked very hard to bring the com- to postal reform, and has worked long reimpose the rate cap after it expires. promise about. and hard, even into this night, to But this legislation is simply too vital Senators LIEBERMAN, COLEMAN, bridge our differences and to get us to our economy to pass on a decade of AKAKA, and VOINOVICH also have played over one last hurdle. stability. The consequences of no legis- very important roles. There is a reason why we only do lation would be disastrous for the Post- Our leaders, Senator FRIST and Sen- postal reform once every 36 years, and al Service, its employees, and its cus- ator REID, have been vitally interested the reason is that it is tough to do. tomers. and have helped us get this job done. There are so many competing inter- Among other highlights of the com- In the House, Chairman TOM DAVIS ests—mailers large and small in areas promise, the bill will reform the Postal and the ranking Democrat HENRY WAX- rural and urban, the labor unions in- Service workers’ compensation system MAN of the Government Reform Com- volved trying to do their best to rep- to require a 3-day waiting period. This mittee, also worked hard to produce a resent hundreds of thousands of postal is consistent with every State workers’ bill and to work with us to bring about employees; there are competitors, UPS compensation program. The bill intro- the compromise. and FedEx, that didn’t exist a number duces new safeguards against unfair A true hero of this effort, a person of years ago. competition by the Postal Service in who worked on postal issues for a dec- In fact, if you go back in time to 1970 competitive markets, prohibits sub- ade, is Congressman JOHN MCHUGH. when the current business model for sidization of competitive products by The administration has played an ab- the Postal Service was created by then market-dominant products, and re- solutely critical role in bringing us to junior Senator TED STEVENS, who quires an allocation of institutional where we are today. The administra- today is our President pro tempore and costs to competitive products. tion often doesn’t get credit for that, one of the most senior Senators in the I note that we looked at competitive and they deserve credit. They have Senate, he provided the leadership in issues with UPS and FedEx, and I worked with us to come up with solu- 1970 to create the U.S. Postal Service. think we have come up with the right tions on the financial issues in this At the time and for many years balance here. The bill transforms the bill, and without the strong support of thereafter, it was the right business existing Postal Rate Commission into the administration, we would not be model for providing postal service to the Postal Regulatory Commission here tonight. the people of this country. But a lot with enhanced authority to ensure that I want to particularly salute OMB has changed since 1970. In 1970, I was a there is greater oversight of the Postal Director Rob Portman; Michael Bopp, lieutenant JG on the other side of the Service as its management assumes my former staff director, who is now world in Southeast Asia the year the greater responsibility. working at OMB and brought his exper- Postal Service, as we know it, was The bill reaffirms postal employees’ tise to bear on this issue; Jess Sharp born. rights to collectively bargain. It and Candi Wolff of the White House One of the things different—I think changes the bargaining process only in staff; and of course the staff of the of the current war that many of our small ways and only in ways that have Postal Service itself, which was always soldiers, sailors, airmen, and marines been agreed to by both the Postal Serv- there with expertise, particularly Kim are waging—in the Vietnam war, we ice and the four major unions. Weaver. didn’t have any e-mails. We had mail Another significant provision amends But most of all, I thank Ann Fisher call. It was one of the highlights of our the current law to essentially free up of my staff, who has worked for years day every day. We had no cell phones

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11676 CONGRESSIONAL RECORD — SENATE December 8, 2006 with which to communicate with our One, folks who served in the military Committee is on the floor, I want to loved ones. We had no bank by phone. to come to work in the Postal Service say congratulations, through the We had no electronic banking. Direct and eventually earn a postal pension. Chair, to her for a tremendous success deposits were new. There was no such The mailers, people who buy stamps, on the Postal Accountability and En- thing as a FedEx or UPS to provide the mailers large and small shouldn’t have forcement Act which will be passed kind of competition the Postal Service to pay for the military service that shortly. It was a tremendous accom- faces today, and no threat of anthrax later accrues to those same individuals plishment and one she and I have been in the mail. when they retire from the Postal Serv- in touch with a lot by e-mails in the The world has changed dramatically, ice. It is not fair to the mailers. It is middle of the night, as it came to my and also the way that we exchange in- not fair to the public. Those costs mind how important this particular formation, the way we communicate should be borne by the Treasury, and bill is. I will say a few remarks about with one another has changed dramati- under this bill they will be. that. cally, too. The Postal Service needs to And secondly, for many years folks I did want to congratulate her for a change as well. With the adoption of thought the Postal Service was under- tremendous success on a bill people this legislation, it will. paying its pension costs for its employ- said was impossible to pass, and 6 I extend my heartfelt thanks to our ees. A couple years ago the Office of months ago people said it was impos- colleagues in the House of Representa- Personnel Management did a study and sible to pass, and a month ago people tives with whom we have served and found that rather than underpaying said it was going to be a challenge, and worked on this challenge, particularly pension obligations, they are over- even 3 days ago saying it was a chal- Congressman MCHUGH who led the paying, and if they continue at the rate lenge. But in a bipartisan way coming fight for a decade or more, Congress- they are going, they will be making a together, bicameral—the House and man DAVIS who chairs the relevant big overpayment in the years to come. Senate—it is a tremendous accomplish- committee in the House, and also Con- This legislation corrects that situa- ment. gressman HENRY WAXMAN, with whom I tion. It says that in the future, the For more than 225 years, America’s served years ago in the House, entered Postal Service, 10 years out, will have postal system has kept Americans con- the fray and helped, along with Con- access to a fair amount of money that nected. We depend on the Postal Serv- gressman DAVIS and others, to get us would have gone into overpayments. In ice to keep in touch with family and to the finish line. the meantime, a lot of money is going friends, to send birthday greetings, I don’t want to belabor what this bill to be used to pay down the un- ship care packages—and a little taste does or does not do, but it acknowl- amortized cost of health care. Tens of of home—to our students, pay the bills, edges this is not 1970 anymore; this is billions of costs will be paid off, and and even to learn we might win a mil- 2006. We will still have universal deliv- that will put the Postal Service in lion dollars if we act right now. ery for the mail. We will still receive stronger financial shape going forward. The U.S. Postal Service operates on a that mail 6 days a week. The Postal Lastly, I want to mention the admin- single, deep-rooted principle: Every Service will still be expected, when istration. I know Senator COLLINS has person in the United States—no matter somebody builds a new house or starts as well. In the negotiations that lasted who, no matter where—has the right to a new business, to deliver mail to those for years on this legislation, the ad- equal access to secure, efficient, and places. ministration, particularly in the last affordable mail service. I am told during the course of the weeks, especially played a constructive Today, that translates into serving year at least a million new customers role. I single out among those Michael 7.5 million customers daily in over come online for the Postal Service, and Bopp, who previously served on the 37,000 post offices, providing stamps at the Postal Service will be there staff for Senator COLLINS, and his help more than 27,800 vending machines, through rain, sleet, and snow to deliver was critical, as was that of Rob nearly 25,500 commercial retail outlets, the mail to all those customers. Portman and a number of others in the nearly 15,300 banking and credit union The Postal Service under the legisla- administration. ATMs, and 2,500 automated postal cen- tion we have is going to act more like Our people said this is perfect legisla- ters, and delivering 212 billion pieces of a business. They will have an oppor- tion. I am not aware of any perfect leg- mail annually to over 144 million tunity to price their products more islation I have been associated with. homes, businesses, and post office competitively and overall can put to- This was a hard one to put together. boxes in virtually every city and town gether a whole slew of postal products. My dad used to say that the hardest in the country. Overall, the price of those products things to do are the things that are But the Postal Service we know cannot go up in a given year by more worth doing. If that is any indication, today is vastly different than our an- than the rate of inflation, but indi- this is something worth doing. I am cestors knew 225 years ago or even 75 vidual products can. Product A can go grateful to all who played a part. years ago or 50 years ago. Before there up more than product B and product C The hour is late, about 2:20 in the were ZIP codes and mail carriers with more than product D. Over the next 10 morning. I am ready to call it a day, home delivery routes—before Priority years, the overall increase in the cost and I know we will have other business Mail and Express Mail, before air of postal products can rise above the to do. mail—the Postal Service was an infor- cost of living. That will provide a Again I thank my colleagues, those mal network that kept settlers and measure of stability to the huge indus- within the mailing public, the Postal colonists in touch with each other and try that relies on the post office and a Service, Jack Porter, our Postmaster their homelands. good postal service. General, and all who worked to get us The U.S. Postal Service’s history is a For those who compete with the to this point in time, and particularly story of transformation from the Postal Service—and there are very to PATTY MURRAY who worked with us steamboats and the pony express in the strong and good competitors; UPS and tonight to get past a real tough spot. 19th century, to delivery confirmation FedEx are among those—they will have Mr. President, I yield the floor and and online package tracking of the 21st the opportunity to continue to com- suggest the absence of a quorum. century. pete, but I think they will be on a play- The PRESIDING OFFICER. The But in order for the Postal Service to ing field that is a bit more level where clerk will call the roll. take the next step, in order for the the first-class mail the Postal Service The legislative clerk proceeded to Postal Service to continue delivering will continue to enjoy a monopoly on call the roll. on the promise of its fundamental oper- will not be able to underwrite the cost Mr. FRIST. Mr. President, I ask ating principle, Congress must act, and of their competitive products with unanimous consent that the order for tonight we will do just that. companies such as UPS and FedEx. the quorum call be rescinded. The Postal Accountability and En- One of the things I am happiest The PRESIDING OFFICER. Without hancement Act enables the Postal about—and I give Senator COLLINS the objection, it is so ordered. Service to maintain its competitive credit on this for convincing the ad- Mr. FRIST. Mr. President, while the edge. It streamlines the rate-setting ministration to agree on two points: chairman of the Governmental Affairs process for market-dominant products,

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11677 such as first-class mail, periodicals, find alone could boost U.S. domestic oil ties are likely to be staged from ports and library mail. reserves by 50 percent. along the gulf coast, and from the It removes the redtape and increases Efforts have been underway to try to ports in my state located in southeast the efficiency of the rate-setting proc- open this area in the Gulf of Mexico for Louisiana. ess by granting new authorities to the more than a decade. In November 1996, The U.S. Department of the Interior Postal Regulatory Commission and the the Clinton administration Interior estimates that the area contains at Postal Service Board of Governors. Secretary Bruce Babbitt proposed least 1.3 billion barrels of oil and 5.8 It introduces new safeguards against opening the so-called Lease Area 181 to trillion cubic feet of natural gas. To unfair competition by the Postal Serv- oil and gas production. Yet, for various put this in perspective, that is enough ice in competitive markets. It trans- reasons, the area has not been leased natural gas to heat and cool nearly 6 forms the Postal Rate Commission into and America has not been benefiting million homes for 15 years. the Postal Regulatory Commission and from the energy resources we know it In addition to opening up 8.3 million grants the new body enhanced authori- contains—until now. acres in the Gulf of Mexico to new oil ties to ensure appropriate oversight of In a post-9/11 world, energy security and natural gas leasing, this legisla- postal management. is a matter of national security. We tion will prohibit leasing within 125 It ensures increased financial trans- must take steps, real steps, meaningful miles of the State of Florida in the new parency by requiring the Postal Serv- steps to reduce our dependence on for- eastern Gulf of Mexico planning area ice to file certain financial disclosure eign sources of energy, particularly until June 30, 2022. Additionally, it pro- forms in detailed annual reports. from countries hostile to the United hibits leasing within 100 miles of the It reaffirms USPS employees’ right States. Now, more than ever, America State of Florida in the new central to collectively bargain by instituting needs America’s energy. That is what Gulf of Mexico planning area, and east changes already agreed upon by the this provision does: It brings more of the western boundary of the 181 area Postal Service and the four major American energy to American con- until June 30, 2022. Similarly, under unions. sumers. the provisions of S. 3711, no oil and nat- It brings continuation of payrolls This has been a bipartisan effort all ural gas leasing, preleasing and other into lines already established by every along the way. The Senate passed the activities east of the military mission State’s workers compensation pro- Gulf of Mexico Energy Security Act on line may occur until June 30, 2022. This gram, and it increases the fairness of August 1 by a vote of 71 to 25. Chair- was done to accommodate the military USPS employees’ pension benefits. man DOMENICI led the way on the issue training missions that occur from mili- This bill is comprehensive in the in partnership with Senator LANDRIEU, tary installations located in Florida. scope and depth of the reforms it insti- Senator VITTER, and the entire gulf After 2022, the Department of Defense tutes. But these changes are necessary coast delegation. I do want to salute may veto leasing plans if such would and essential to helping the U.S. Postal their efforts and also to thank the as- interfere with these exercises. Service continue its more than 225 sistant majority leader, Senator Under the Gulf of Mexico Energy Se- years of reliable and efficient mail MCCONNELL, for spearheading this issue curity Act, 50 percent of the receipts service. I once again congratulate on behalf of leadership. resulting from the collection of bo- Chairman SUSAN COLLINS, and I do I also thank the tremendous staff, bi- nuses, rents, and royalties from leases thank my colleagues for joining me in partisan staff who helped shepherd this in the new areas will be deposited in supporting this very important meas- issue through both the House and the the general fund of the U.S. Treasury. ure. Senate. In particular, I thank on my The other 50 percent will be spent, f own staff Libby Jarvis, who rep- without further appropriation action, resented leadership at the table for payments to States and to provide GULF OF MEXICO ENERGY throughout these negotiations. financial assistance to States in ac- SECURITY ACT OF 2006 I truly believe this is one of the most cordance with section 6 of the Land Mr. FRIST. Mr. President, on an- significant accomplishments of the and Water Conservation Fund Act of other issue, one of the most significant 109th Congress which will have a last- 1965—16 U.S.C. 460l–8. Of this amount, components of the legislation we ing impact on American consumers and 25 percent will provide financial assist- passed about 30 minutes ago is the Gulf on our economy. I am very pleased we ance to States in accordance with sec- of Mexico Energy Security Act of 2006. were able to get it over the finish line tion 6 of the Land and Water Conserva- This measure will open more than 8 as part of this important package. tion Fund Act of 1965—16 U.S.C. 460l–8— million acres in the Gulf of Mexico to Ms. LANDRIEU. Mr. President, as a the ‘‘state-side’’ of the Land and Water domestic energy production. In doing member of the Senate Committee on Conservation Fund. The other 75 per- so, it will help to make America more Energy and Natural Resources, and as cent of this amount will be disbursed energy independent. It will lower oil an original cosponsor and a principle by the Secretary of the Interior, with- and natural gas prices for American architect of S. 3711, the Gulf of Mexico out the need for appropriation, to the consumers, and it will help to preserve Energy Security Act, I wanted to rise four Gulf producing states of Texas, jobs right here in America—jobs that today to offer my perspective on the Louisiana, Alabama, and Mississippi. have been migrating overseas due to bill. This bill is now part of a broader These amounts are not subject to ap- high natural gas prices. According to package that was considered today in propriation or further authorization. the National Association of Manufac- the House H.R. 6111. The package It is the intent of this legislation turers, since the year 2006, more than 3 passed by a vote of 367–45. I sincerely that the State of Louisiana and all of million highways and manufacturing hope and believe that the Senate will the recipient States shall have the im- jobs have been lost due to high energy pass this historic legislation later to- mediate capacity to bond anticipated prices. night or sometime this weekend and future revenues they expect to receive The area opened up under this bill is that if it is tonight or tomorrow, it from that portion of the Outer Conti- estimated to contain a remarkable 1.26 will be a historic occasion. nental Shelf Federal revenues to which billion barrels of oil and over 5.8 tril- The legislation will open 8.3 million they will be entitled to under this act lion cubic feet of natural gas. That is acres of the U.S. Outer Continental and to allow the States, if they so de- roughly the same amount of oil as the Shelf in the central Gulf of Mexico to cide, to get immediately underway hur- proven reserves of Wyoming and Okla- leasing for oil and natural gas explo- ricane and coastal protection projects homa combined and more than six ration and production. This area is lo- within the scope of this act pursuant to times our current imports of liquefied cated more than 125 miles from the such financing. There is nothing in this natural gas each year. closest point in Florida on the Florida act that is intended to prohibit or im- These estimates could be the tip of Panhandle and more than 300 miles pede the right of the four recipient the iceberg. This fall, the Chevron dis- from the southern gulf coast of Flor- States to bond anticipated future reve- covery in a nearby area found an esti- ida. The area is closest to Louisiana, nues they shall receive from this act. mated 3 to 15 billion barrels of oil, the Alabama, and Mississippi and most of The receipts that derive from the largest discovery in a generation. This the exploration and production activi- leasing in areas newly opened by the

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11678 CONGRESSIONAL RECORD — SENATE December 8, 2006 Gulf of Mexico Energy Security Act examine every lease tract in the cen- a new lease in the Gulf of Mexico. The will be allocated among the four gulf tral and western Gulf of Mexico, deter- credits will be equal to the sum of the producing States of Texas, Louisiana, mine the revenues derived from its original bonus bid paid for the held Alabama, and Mississippi to each state leasing and any ensuring production lease and the rentals paid for the lease in amounts based on a formula estab- and add up the totals for each tract. as of the date that the lessee notifies lished by the Secretary by regulation— Then, the MMS will determine the dis- the Secretary of the Interior of the de- that are inversely proportional to the tance from the center of every lease cision to exchange the lease or leases. respective distances between the point tract that has been let since October 1, Based on information from the Depart- on the coastline of each gulf producing 1982, to the nearest point on the coast ment of the Interior, the Congressional State that is closest to the geographic of each of the four producing States. Budget Office has estimated that those center of the applicable leased tract Then the MMS will divide the total credits would be worth $84 million and and the geographic center of the leased revenues generated by each lease by would be redeemed soon after they tract. Thus, for each lease, the Depart- the proportional according to their re- were made available. ment of the Interior will determine the spective distances, allotting the least In general, revenues shared with the distance from the center of that lease to the farthest, and the most to the coastal energy producing States under to the nearest point on the coast of closest, but with none allotted less the Gulf of Mexico Energy Security each of the four producing states and than 10 percent. Act should be treated in exactly the allocate the qualified revenues derived After completing this exercise, the same ways as are revenues shared with from that lease according their respec- MMS will total up the amount allotted States under the Mineral Lands Leas- tive distances with the farthest getting to each State. Each State’s total will ing Act 30 U.S.C. Sec. 181–287. These the least and the closest getting the determine the proportional share of the funds are not grants by any definition. most, but with none receiving less than new revenues from the gulf leases from Rather, they constitute income for the 10 percent. areas where leasing has been allowed. State—simply the State’s fair share of A detailed example will help to illus- Again, an example may help to clar- revenues generated seaward of its trate how this will work in practice. ify what is an admittedly complex for- coast. States have, in at least two oc- Imagine that OCS lease A that is pro- mula: Imagine that 500 leases in this casions; used funds provided under the ducing $10,000 in qualified—shared— area had cumulatively produced $100 Mineral Lands Leasing Act as cost- revenues each year. The distance from million since 1982. Then imagine MMS share for other Federal programs. At lease A to the nearest points in the going through the process outlined this time in Louisiana’s recovery, I en- four gulf producing States is: 260 miles above with each of these leases. When vision this as a very much needed ave- to Texas, 80 miles to Louisiana, 100 all is settled, Louisiana would be allot- nue for the State of Louisiana, as its miles to Mississippi, and 90 miles to ted $50 million, Texas $25 million, Mis- citizens regain their feet following the Alabama. The sum of these distances is sissippi and Alabama would both be al- destruction of Hurricanes Katrina and 530 miles. The inverse proportion of the lotted $12.5 million. Those allotments Rita. distance from the lease to each State’s then become each State’s propor- Mr. President, I suggest the absence shore is: for Texas 530/260, for Lou- tionate share—Louisiana’s allotment of a quorum. isiana 530/80, for Mississippi 530/90. was 50 percent of the total, so Lou- The PRESIDING OFFICER. The Therefore, the States revenues from isiana would receive 50 percent of the clerk will call the roll. that lease would be allocated as fol- shared revenues from every new lease The legislative clerk proceeded to lows: 10 percent or $1,000 for Texas, 33 located in the already-opened areas call the roll. percent or $3,300 for Louisiana, 27 per- after the date of S. 3711’s enactment. Mr. FRIST. Mr. President, I ask cent or $2,700 for Mississippi, and 30 Texas would receive 25 percent, Ala- unanimous consent that the order for percent or $3,000 for Alabama. In this bama 12.5 percent, and so on. Each the quorum call be rescinded. example Texas is precisely far enough year, each gulf State’s allocation will The PRESIDING OFFICER. Without away to receive 10 percent of the total be adjusted by the amount of leasing objection, it is so ordered. under the formula. However, if Texas and production that took place near its f were somewhat farther away, it would shore in the preceding calendar year. TRIBUTE TO SUSAN BUTCHER still receive 10 percent of the total be- And, as with the revenues shared cause of the provision in S. 3711 that from newly opened areas, at the end of Mr. STEVENS. Mr. President, this guarantees a minimum share to each each year, the totals for each State are past August, Alaska lost a great hero gulf producing State. tallied and 20 percent of each State’s and the Stevens family lost a cherished This process is repeated for every allocable share is disbursed directly to friend. Susan Butcher was the four- new lease located in the areas opened coastal counties, parishes or political time Iditarod Trail Sled Dog Race for leasing by this legislation. The to- subdivisions in the manner outlined Champion and the first and only tals for each state are added up. 20 per- under section 384 of the Energy Policy woman to mush her team to the sum- cent of each state’s allocable share and Act of 2006, Public Law 109–58. mit of Mt. McKinley—with her friend is disbursed directly to coastal coun- Starting in 2017, this legislation and Iditarod race founder, Joe ties, parishes or political subdivisions would provide additional direct spend- Redington, Sr. She is the reason we say in the manner outlined under section ing authority encompassing 50 percent ‘‘Alaska—where men are men and 384 of the Energy Policy Act of 2006, of the receipts derived from new OCS women win the Iditarod.’’ Susan left Public Law 109–58. oil and gas leases, purchased after the behind her husband David Monson and Under the legislation, the Gulf en- date of enactment, in the areas of the daughters Tekla and Chisana, and ergy producing States of Texas, Lou- Central and Western Gulf of Mexico friends and admirers everywhere. isiana, Alabama, and Mississippi will that were made available by the 2002– In the solitude of the unforgiving 37.5 percent of the receipts that derive 2007 Proposed Final Outer Continental Arctic terrain, this tough, focused, in- from new leasing in areas of the Gulf of Shelf Oil and Gas Leasing Program. Be- telligent woman traveled and ran many Mexico where oil and gas production ginning in 2016, the bill would limit thousands of miles with her dog teams occurred prior to enactment. Those re- total direct spending under the bill in over the years—a distance greater than ceipts will be allocated among the any year to no more than the sum of a trip around the world. In David’s states based on the amount of leasing the receipts from the new areas plus words, she was the most driven woman and oil and natural gas production that $500 million. on the face of this earth. has taken place over historically off Additionally, the Gulf of Mexico En- Susan’s skill as a musher was each State’s coast. The more leasing ergy Security Act will offer monetary matched only by her great and abiding and production of oil and gas that has credits to firms that hold OCS leases love for her dogs. If her dogs were occurred off your coast, the greater located in areas that will be subject to happy, Susan was happy. your share of these receipts will be. the temporary moratorium on new Whether on the trail or at home, The task of determining each State’s leasing activity near Florida. These Susan always took care of her huskies share is not an easy one. The MMS will credits may be used for the purchase of before tending to her own needs. With

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11679 only her ax and a parka, she once fend- and Chisana will graduate from high tionship that I was able to develop with my ed off a moose attacking her team school. We hope they and their friends dogs was deeper and stronger than anything along the trail. The moose killed two will find the same inspiration to chal- that I could have possibly imagined. Perhaps I can describe that to you a little bit in this dogs and stomped 13 others. In another lenge themselves as Susan’s words in- story. I worked very hard to try and develop harrowing experience, she was rescued stilled in our daughter Lily’s Holton a trust with each one of my dogs individ- by her dogs when her sled broke Arms class in 1999. ually. And a number of years ago, when I was through the ice on a remote river in Mr. President, Alaska lost one of its with my dog team in the Wrangell Moun- the Wrangell Mountains. After that es- brightest stars when Susan Butcher tains and I traveling on a trail that I had cape, Susan said she looked at every passed away. We will always remember been using all year long that crossed a frozen moment of her life as a gift. Susan did this remarkable and courageous river, my lead dog at the time kept veering it all—living a life without many re- woman. off to the right. I kept calling her back to I ask unanimous consent that Ms. the left, telling her ‘‘haw’’—that’s the com- grets and always great humor. mand we use. But she kept going off to the Susan was blessed with a wonderful Butcher’s commencement address to right. She had never disobeyed me before, so partner when she married fellow the Holton Arms School be printed in I couldn’t understand. So I let her have her musher and lawyer David Monson. He the RECORD. lead, and just as she pulled myself and the gave her the love, laughter and relent- There being no objection, the mate- team off to the side of the trail, the entire less support that carried her through rial was ordered to be printed in the river collapsed. She had a sixth sense that their years together. They expanded RECORD, as follows: saved us from drowning. It’s this mutual trust—mine and their guidance, and their their family beyond their 100 huskies THE HOLTON-ARMS SCHOOL COMMENCEMENT ability and instinct in the wilderness—that ADDRESS—JUNE 1999 with the birth of their daughters Tekla has not only gotten us to the finish line and Chisana. Susan embraced mother- Thank you very much. I’m very honored many times, but has also saved our lives. hood with even greater passion, energy and excited to be speaking here today. And Success did not come easy for me at all. I and devotion than she had in her life as thank you to the class for asking me. It’s es- struggled for many years with barely enough a musher. And the girls blossomed in a pecially exciting for me to be here because of money to feed myself and my dog team. I my great friend, Lily Stevens, who I watched was working seven days a week, at least home and cabin filled with books, grow up since she was just a tiny little girl. music, Native Alaskan culture, and, of twelve-hour days, trying to train myself and I certainly would be surprised to hear if the dogs for the races. I did fairly well in course, dogs. any of you were going to follow me in my many of the races that I entered, but it took In December 2005, Susan was diag- chosen occupation as a dog musher. So I me nine years before I was able to win. I nosed with leukemia and began the don’t think that’s why you have asked me lived alone for nine years in a 16′ x 19′ log toughest fight of her life. At the time, here. I live in Alaska about a hundred miles cabin. Today my husband and I have built her husband David said ‘‘We’re going to south of the Arctic Circle. I own a hundred quite a complex, and we have a couple of die- do everything we can to make sure she dogs, and I travel about 6,000 miles a year by sel generators now. But back then I had sled and dog team. So my life is very dif- nothing. I had no electricity, no phone. I has the best care. She does have the ferent from what we see here. I thought, best attitude. Someone said this might hauled my water from the creek, and I had when I was asked to speak on achievement, very few neighbors. In fact, there were only be a tough disease, but this leukemia that it would be easy to do. But getting to eight people in 2,500 square miles. So this hasn’t met Susan Butcher yet.’’ the soul of what motivates a person to excel was my childhood dream come true! Throughout her treatment in Seattle, cuts to the core of each person’s dreams, de- I was absolutely dedicated to the care and Susan actively campaigned to help oth- sires and beliefs. Sometimes it goes beyond the training of my dogs. All my focus was on ers by increasing donations to the Na- words. So I will speak for myself, and try becoming the best long-distance sled dog tional Marrow Donor Program and sup- and tell you how and why things have racer in the world. I had put together a great worked for me. team that was very fast and well cared for. port for leukemia and lymphoma re- It’s really exciting to see such youth and But I kept coming in second in more races search. promise before me. And it certainly takes than I cared to remember. Clearly, some es- Over the past 20 years, Susan often me back to my high school graduation in sential element was missing. It was vision— traveled to Washington—bunking with 1972, when I was in Cambridge, Massachu- the winning spirit. I didn’t actually see my- our family—sled dogs, cat, kids and all. setts. I was very good in math and sciences. self as a winner. I believed wholeheartedly Presidents Reagan and George Bush, But I am dyslexic, so I struggled very hard in that someday I would win the Iditarod, but I Sr., invited her and her lead dogs to school. My strong loves were the wilderness, didn’t see myself as a winner today. I often the White House. She drove her team animals, science, and sports. I had a hobby finished with the strongest, fastest team—in in the inaugural parades—the last time for the last couple of years of working with second place. I often finished an hour or—in my two Alaskan huskies, trying to teach two instances, a split second—behind some- in 2001, with both her daughters in the them to be sled dogs. I feel that I was very body else. In 1986, I learned how to pull to- sled. With her lead dog, Granite, she lucky because even at that young age, I gether. I told myself that not only could I was welcomed by Justice Sandra Day knew my true passion. It was to live in the win, but that I deserved to win, and that I O’Connor to her Supreme Court cham- wilderness and work with animals. But what would win today. I saw myself crossing the bers, and to the Pentagon by her friend sort of a career was that? So I started with finish line, and I lived and breathed that vi- General Colin Powell, then chairman of veterinary medicine, which I also loved. I sion for a year. I told myself the 1986 race the Joint Chiefs of Staff. moved to Colorado where I went on with fur- was mine. I was able to hold that image elev- Susan had a gift for inspiring others ther schooling, and to enhance my career. By en days into the Iditarod, when with just 44 then, my mushing was becoming more than miles to go, I was neck-and-neck in a sprint to never give up, to test their limits, to just a hobby. I had eight dogs and was start- for the finish with a musher named Joe see their way through to the finish ing to run in smaller races. Gamey. I had slept less than 20 hours in 12 line, and to always try the path less In those days though, the Iditarod race days. I had run up every hill between An- traveled. It is no wonder her favorite didn’t even exist. There was no such thing as chorage and Nome. I was exhausted. Joe poem reflected her New England a professional musher. And yet my dream made a big push and he passed me, gaining a roots—Robert Frost’s ‘‘The Road Not still was to go and live in the wilderness 2–minute advantage. I was demoralized. I Taken.’’ with my dogs. Shortly after I turned 20, the said to myself, ‘‘Well, I guess second place On a winter day in 1994, near her Iditarod was run for the first time, and I said isn’t that bad.’’ But then, through the blur of home in Eureka, AK, the reporter Skip ‘‘that’s for me.’’ I packed up my dogs, my fatigue, I again saw myself winning the race. cats, and my Volkswagen Bug, and I drove up I got off my sled and I ran, pumped with one Hollandsworth watched Susan and her to Alaska—all my belongings and against all leg, and pushed the sled until I was able to dogs: ‘‘She whispers a command, and in parental advice, but not without their bless- pass Joe and win my first Iditarod. Once I unison the dogs pull forward. The sled ings—I lived way out in bush Alaska, teach- learned that lesson, I won a lot of races. slips across the snow. Soon, Butcher ing myself the art of dog mushing. Still at I quit fishing and musk ox farming, and I and her dogs are like a mirage in the that time I had no clue that I was going to dedicated myself solely to my dogs all year distance. A few moments later, the be able to make this passion into a career ’round. To maintain consistency and excel- cold, silent land swallows them up.’’ and a livelihood. In the summers I supported lence, you are always looking over the hori- zon, past the finish line, to the next race and ‘‘Sometimes when she leaves,’’ David myself working on a musk ox farm and through fishing for salmon. the next record time. I found that it wasn’t says, ‘‘I wonder if she ever wants to re- I can only say that when I reached Alaska enough to just say to myself ‘‘Well, I want to turn home.’’ and was working out there, I knew this was win again.’’ I had to reach deep within and Some day in the years ahead, Susan perfect for me. I was content in my soul. I challenge myself. No racer had ever run in and David’s beautiful daughters Tekla knew that I had found my dream. The rela- four long-distance races in a year. So in 1990

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11680 CONGRESSIONAL RECORD — SENATE December 8, 2006 I decided to try to attempt to run in five. I best woman racer,’’ I would quickly correct and a dog sled racer, I have taken more time set my goal to win all of them, and to win them. I was not a woman racer, I was a to contemplate my past Iditarod years. So I them in record time. All of these were be- racer. It was my plan to be the best musher, want to leave you with one last story that tween 300 and 1,100 miles in length. And some and I did that. sort of sums up what I think of my career. of them were as close as just five days apart. Perhaps I have been able to say something I always felt that there was a division of I ended up winning four in record time and here today that will strike a chord with each duties between myself and the dogs. The coming in a close second in the fifth. So I of you, or some of you. Many of my lessons dogs were definitely better in the wilderness, didn’t reach my ultimate goal, but by chal- have been learned from my heroes—my dogs. such as being able to sense thin ice or where lenging myself like that I was able to set I’d like to share the story of one of my ani- there were wild animals around us, and help- four new world records. I try to examine mals. Twenty years ago, I had a puppy born ing me through the storms. But I was better each race that I run, even the ones that I to my kennel, who didn’t look like he was when we were in Anchorage starting out and have won, to see what little steps I can take going to be much of a dog. He had a very there were cars and traffic lights and all to keep getting better. poor hair coat. He had cowhocked legs, sorts of things in any of the villages, and I Let me speak now of failure, because I which is basically knock-knees in the back was also better at strategy and under- have had very many of them and each one of end, and he had no confidence whatsoever. standing competition. In 1989 I was racing you will. It’s how you deal with these fail- Most mushers would have given up on this towards the half-way point in the Iditarod. ures and your setbacks that’s the most im- puppy and just sold him to someone as a pet They give you a prize of $5,000 for being the portant thing. In 1991, I was at the top of my dog. But on my runs in the woods with he first into that checkpoint, and nothing for game. My team was said to be the best team and his littermates, I saw a special spark in being second, so it’s quite coveted. Joe Run- in the history of the Iditarod that year. I ran this dog that was not yet ignited. It was a yon and myself were the best two teams in a very aggressive race. Mother Nature threw challenge that I couldn’t resist to try and the race that year, and we had been vying for every curve at me and my team that she pos- make him into a champion sled dog. So I first place for miles. We had just left the sibly could. For over 500 miles, me and my worked with him very hard physically to checkpoint of Ophir, and it was about a 90- team broke trail through storms, leading all bring him around, through special nutrition mile run over to the abandoned gold mine the other mushers, until we finally reached and training. But mostly I concentrated on town of Iditarod. Throughout the day, Joe the village of White Mountain an hour in his lack of confidence. I gave him a strong and I had passed each other. You have got to front of our next competitor. We were only name—Granite. He soon learned to draw imagine that these are just two mushers out 77 miles from Nome. The awesome power of from my strength and confidence, and we be- in the middle of nowhere, so when you pass nature is very humbling and it must be re- came a very powerful team. Granite grew each other—even though you’re very com- spected. I went out first into an Arctic bliz- into a 58-pound, deep-chested dog who competitive with each other—you definitely zard for six hours, losing the trail, regaining pensated for his cow-hocked legs with a very talk. And when you see each other and pass, the trail, searching to make it through to powerful gait. All that extra work paid off you will have a little conversation. So just Nome and win another race, until finally I because he not only turned into a good sled as it was getting dusk, I had put on my head- knew that I could ask my team for no more. dog, but a great leader. He ended up leading light so that I could see through the dark- Because I continually challenge myself to me to victory in the 1986 and 1987 Iditarods, ness—a battery-powered headlight, as had win, I know that sometimes I must fail. As I both of those in record time, along with Joe—he put his new young lead dog, Rambo, tried to become the best, I know that there countless other races between 300–500 miles up in lead. He came flying by me. He will be setbacks along the way. This is the in length. In October of 1987 while we were stopped—I had out my map and compass. He essence of competition—that there will be training for what we hoped would be his said, ‘‘Where do you think we are?’’ I said, ‘‘I both winners and losers. But I have learned third consecutive victory, he became very think we have just passed the Deshka River. at looking at losing, it’s just another step to seriously ill. I had to rush him down to An- Here it is on the map, so we must be about attaining my final goal. Many times, the chorage to a veterinary hospital to try and five miles from the town of Iditarod.’’ He pain of failure is very raw for me. But I have save his life. We set up a cot next to his ken- said, ‘‘That’s what I’m thinking too,’’ and he great faith in myself, that I will turn my de- nel so that I could sleep with him there, day passed me. I was using my lead dog, Tolstoy, feats into something positive. I have learned and night, tending him and willing him to at the time. I starting pumping with one leg many valuable lessons from my defeats. But live. After two weeks, the veterinarians told and encouraging my dogs, saying ‘‘Come on, I think the best thing was summed up in the me I could take him home, but that he was let’s get going.’’ They just were flat. They words of an old Athabaskan Indian. He told never going to be able to run again, that he were not going to pick up and go as fast as me, ‘‘There are many hard things in life, but had permanent damage to his heart and liver Joe’s team. So I took Granite, who was in there is only one sad thing. And that is giv- and kidneys along with damage to the the team, and I put him up in lead. I encour- ing up.’’ So I know that in the future, I will hypothalamus in the brain, which controls aged him, and I encouraged the rest of the continue to try very hard, and in the end—I body temperature. But Granite had grown to team. Still, they didn’t respond. Five miles will prevail. be a magnificent canine athlete who loved to should have taken us about thirty minutes. Adversity is a very large part of life, and run and race, and all the dogs loved competi- We went hour after hour after hour. Three learning to overcome it can be very difficult. tion. They understand when they have won. hours later, we were still on the trail. I could When I started racing, I believed that I They have as much pride as any human ath- see Joe’s headlight—it’s very hilly country would win when I made everything run per- lete. Granite was determined to get back on there—going up and down the hills, just a fectly, when I was able to train all year the team. Every time I would take other little ways ahead of me. All of a sudden, round, when I didn’t get lost or break my dogs out on runs, he would cry and howl, Granite turned around and he looked at me sled. So when I would have trouble, I wishing that he could go out with us. Slowly and he went, ‘‘Now!’’ And he kicked it into wouldn’t completely give up, but I would but surely, his test results started showing gear, all the dogs immediately responded to often settle for second place. Now I know improvements that the veterinarians were him, and he passed Joe 100 yards from the that winning is overcoming adversity. I astounded at. They decided to let him start finish line at Iditarod and we won the half- don’t win because I run a perfect race. I win training with me and the puppies on little 2- way prize. So I learned that not only do I not because I deal with the problems that the mile runs. He soon advanced to running with know as much about the wilderness as my dogs and I encounter better than my fellow the yearlings on 10-mile runs. And finally, by dogs, but I don’t know anything about com- competitors. January, he was once again running with the petition. And it is my job to love the dogs, I have actually learned to love adversity. main team, and the veterinarians okayed care for them, feed them and nurture them, In 1988, I had every type of trouble that you him for a 200-mile race. He towed that young and hold on for dear life. So in parting, I want to say to each and ev- could ask for. My sled broke five times. I got team to record-setting victory. Then, 11⁄2 lost and I ran into ground storms of 80 miles months later he went on to do the impos- eryone of Holton Arms’ 1999 graduating an hour as I crossed the frozen Bering Sea. I sible. He led me to victory in the Iditarod. class, I hope very dearly that each one of you could hardly see my lead dog in front of me, And he did it by pulling me through a blind- is able to find your dream. And when you let alone the next trail marker. But I won ing snow storm that stopped all my competi- do—love it, nurture it, and hold on for dear the race despite all the problems the dogs tors. So we finished 14 hours in front of the life. and I encountered. We finished fourteen second place musher, as I told you—through f hours in front of the second place musher, that storm. That made Granite the only lead REMEMBERING JOHN MARK who couldn’t make it through the storm. So dog ever to win three consecutive Iditarods. I learned that no matter what the obstacles, All of us will fall on hard times, and it’s LACOVARA I always had the chance of winning and often hard to find the key to help us with our Mr. STEVENS. Mr. President, it is should never give up. problems. But if we can draw from our inner with sadness that I call to the atten- It is true that I raced in a totally male- strength and desires as Granite did, we can tion of my colleagues the recent pass- dominated sport. I was a pioneer for women overcome incredible odds. It’s always impor- in long-distance racing. But you won’t hear tant to look around us and see that there are ing of one of our most loyal and hard- me talking very much about that. I think those whose problems are far greater than working former Senate staff members, the most important thing was that I saw no ours. It’s important to take time to give John Mark Lacovara. gender barriers. And anyone who tried to put back to your community, to youth, and to Mark, as he was called by his family me in that box and say, ‘‘well, Susan is the those less privileged. As I am now a mother and friends, was part of a Capitol Hill

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11681 family, joining both his father and sis- million to the Washoe County general construction mission being reinstated ter in holding staff positions in the fund. at the Louisville district, making it a U.S. Senate. Mark began his Senate ca- As the county assessor, Bob has al- full-service district whose impact is reer in 1969. He worked his way up the ways been in tune with the issues of felt worldwide. ranks in a number of jobs, starting Washoe County. He has navigated con- In 1990, Mr. Walz was chosen as the first as an elevator operator, then as troversies over rising property values executive liaison Officer and assigned an enrolling clerk, and finally capping with ease, taking the time to talk with to the Executive Office. In that capac- his career as the Senate journal clerk. people he serves. To this day, residents ity, he has been instrumental in co- Those of us who knew him admired are amazed that Bob is so approachable ordinating many significant events his tireless and cheerful dedication to and accessible. He can quickly put a that showcased our great Common- this body. Often he would be the last visitor at ease with his humble de- wealth, including National Society of one to leave his office at night and the meanor and his frequent jokes. In fact, American Military Engineers Con- first to arrive in the morning, no mat- I cannot recall a time that I have met ferences which included military per- ter how late the previous session had with Bob when he hasn’t told me a sonnel and civilians from all over the ended. He truly loved his job, but due funny anecdote or story. United States and overseas. to health reasons, he resigned in 1997. In addition to his professional accom- Mr. Walz has also been a champion of Mark was born in Washington. He plishments, Bob is a dedicated part of quality-of-life initiatives. He helped grew up in Rockville and graduated his community. He has served as presi- implement the Uncle Sam’s Child Care from Richard Montgomery High dent for Habitat for Humanity and as Center and initially served as board School. Attending night school while an executive board member of the chairman. He served as board chairman maintaining his full-time Senate du- alumni organization for the University and as a member of the board of direc- ties, he received a bachelor’s, degree in of Nevada, Reno. Additionally, as the tors for his local credit union. And he political science with a minor in Amer- president of Keep Truckee Meadows was chairman of the Kentucky Federal ican history from the University of Beautiful organization, he led an effort Agency Tourism Council, among many Maryland. He served as a member of to protect the pristine areas sur- other volunteer activities. the U.S. Air Force Reserve for many rounding Lake Tahoe. While working Finally, Mr. President, Mr. Walz is a years. to improve Washoe County, Bob also good neighbor and valued steward of Mark Lacovara passed away on Octo- raised three wonderful children in our natural resources and defense as- ber 3, 2006. Mark was the son of the late Reno. A few years ago, I had the privi- sets. He will be long remembered for John Lacovara, administrative assist- lege to host his daughter Megan in my his patriotism, leadership, mentorship ant to the Senate Sergeant at Arms, Washington office as an intern. of others, and service to his Nation and and Mrs. Patricia Lacovara Ingold of Mr. President, Bob McGowan has the Commonwealth of Kentucky. On Springfield. My colleagues join me in been an important part of northern Ne- the occasion of his retirement, I wish extending our deepest sympathy to her vada for more than two decades. His re- to extend my best wishes to Mr. Ralph tirement will leave large shoes to fill, and Mark’s sisters, Dale Monno, a re- Walz, his wife, Mary Lou, and their but I am confident that Bob will con- tired lieutenant with the Capitol Po- children, Matthew (Matt) and Jake, tinue to improve Washoe County for lice, and Joyce. He will be missed by and I ask my colleagues to salute this many years to come. It is my great all of his friends in the Senate. esteemed Kentuckian. pleasure to offer my congratulations to f f Bob and the McGowan family. TRIBUTE TO BOB MCGOWAN f TRIBUTE TO DAVID MORGAN Mr. REID. Mr. President, I rise today TRIBUTE TO RALPH E. WALZ Mr. MCCONNELL. Mr. President, I to honor the accomplishments of Bob rise today to honor a great Ken- Mr. MCCONNELL. Mr. President, McGowan, the Washoe County assessor. tuckian, Mr. David Morgan, for his today I recognize the outstanding serv- service to the Commonwealth and his After more than 24 years in office, Bob ice of a remarkable Kentuckian, Mr. will retire this year as the longest commitment to the preservation of Ralph E. Walz. Mr. Walz is the execu- Kentucky’s historic landmarks. serving elected department head in the tive liaison officer for the Louisville county. His personable demeanor and For the past 29 years Mr. Morgan has District of the U.S. Army Corps of En- worked on preserving Kentucky’s her- dedication to service will be missed. gineers. He will retire from the U.S. Bob has been a resident of Nevada for itage, helping cities and towns utilize Army Corps of Engineers on January 3, and revitalize their downtowns and his- more than 38 years. After working in 2007, with over 34 years of dedicated the Nevada Attorney General’s office, toric sites. service to our Nation as a member of On Sunday, December 3, 2006, the Bob made the first of many successful the U.S. Army (1969–1972) and as a civil runs for elected office. In 1982, the citi- Louisville Courier-Journal published servant. an article highlighting Mr. Morgan’s zens of Washoe County elected him as A native of Louisville, KY, Mr. Walz their county assessor. For more than many years of service to Kentucky. I is a graduate of Western Kentucky Uni- ask unanimous consent that the full two decades, Bob has presided over the versity. As a young man in the 1960s, growth of Washoe County. From the article be printed in the RECORD and Ralph Walz served with the U.S. Army that the entire Senate join me in rising real estate values at Lake Tahoe in Vietnam as an enlisted infantryman. to the rapid development in the city of thanking this beloved Kentuckian. Performing his duty on the front lines There being no objection, the mate- Reno, Bob has sought to provide fair- as a non-commissioned officer, facing ness for Washoe County residents. rial was ordered to be printed in the the daily dangers of active combat, he RECORD, as follows: Most importantly, Bob has never for- bravely and honorably served his coun- gotten that the goal of elected office is [From the Louisville Courier-Journal, Dec. 3, try. 2006] service. After his election in 2002, he Mr. Walz began his distinguished PRESERVATIONIST BIDS FAREWELL told the Reno-Gazette Journal: ‘‘From civil service tenure with the Louisville (By Chris Poynter) the first day I went in office, we’ve al- District, U.S. Army Corps of Engineers, ways been a public service organiza- Most Kentuckians likely do not know in 1977. He began his career in the David Morgan. tion, not just a property appraisal.’’ Comptroller’s Office, later named Re- But they have certainly seen his work. Under Bob’s guidance, the assessor’s of- source Management, where he partici- If you drive along Paris Pike—the road be- fice has become more responsive to pated in numerous efficiency reviews, tween Paris and Lexington lined with fa- Washoe County Residents. For exam- organizational studies, and business- mous thoroughbred farms—you’ve seen the ple, Bob moved the assessor’s office process analysis. During this time, Mr. historic stone fences and picture-perfect roll- into the digital age, and residents of Walz was instrumental in the transfer ing landscapes that he helped protect when the road was widened. Washoe County can now access many of Smithland Lock and Dam to the If you’ve strolled the Main Streets of Ken- forms online. Bob has also worked to Louisville District. tucky’s downtowns—and marveled at the save the taxpayers money, trimming In 1981, Mr. Walz helped develop the historic buildings—you can thank Morgan his own budget to return more than $2 proposal that resulted in the military for helping revive them.

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11682 CONGRESSIONAL RECORD — SENATE December 8, 2006 And if you’ve seen the old trolley barn in live in Old Louisville in an old house, for ex- TRIBUTE TO WILL EDD CLARK western Louisville that is slowly being ample, are great preservationists.’’ transformed into the Kentucky Center for Helen Dedman, whose family owns and op- Mr. MCCONNELL. Mr. President, I African-American Heritage, Morgan deserves erates the Beaumont Inn in Harrodsburg, a today pay tribute to Will Edd Clark, part of the credit. restaurant, hotel and tavern housed in an who is the general manager of the After 29 years with the Kentucky Heritage 1845 building, said Morgan had done much for Western Dark Fired Tobacco Growers’ Council—the agency that oversees historic Kentucky out of the public eye. Association in Murray, KY. Will Edd preservation for the state—Morgan is retir- ‘‘He has touched people and places over the has served in this role for 27 years, and ing and moving to Washington, D.C. whole state,’’ she said. during that time, he has been a tireless Morgan, 54, and his wife, Marcia, have Dedman met Morgan when they were stu- bought a historic home just blocks from the dents at Centre College. advocate for tobacco farmers in west- Capitol. They have a son, Ned, 18. ‘‘He was the first person that I knew that ern Kentucky. Morgan has spent his entire professional really knew about antiques,’’ she said. The Western Dark Fired Tobacco career at the heritage council, rising from a The two kept in sporadic touch over the Growers’ Association was established staff planner in November 1977 to executive years, but it wasn’t until 15 years ago that in 1931 and has helped administer the director, a position he’s held since 1984, when she and Morgan closely reconnected because Federal tobacco program as well as then-Gov. Martha Layne Collins appointed of newfound activism in preservation. represent the interests of tobacco him. Dedman helped organize a tour of historic He survived through Republican and Demo- homes and found herself ‘‘falling in love with growers in nine counties in western cratic administrations, which friends and co- these old homes,’’ she said. She, along with Kentucky, plus three counties in Ten- workers say is a testament to his effective- others, formed the non-profit James Harrod nessee. In 2004, the tobacco quota ness, and he’s been at the forefront of saving Trust to advocate for preservation in buyout program was signed into law, historic properties from Paducah to Harrodsburg and Mercer County. which dismantled the Federal tobacco Pikeville. ‘‘David has never lost his passion,’’ program that had been in place since His interest in preservation began as a Dedman said. ‘‘It didn’t matter who you the 1930s. Will Edd realized the benefit child in Oxford, Ohio, the son of a college were, what class you were, what color you professor and a stay-at-home mother who were—if you had just a little bit of interest that the association’s growers would sold antiques. in his preservation, he was your cheerleader, receive from this historical piece of On a fourth-grade class trip to Yellow he was on your side.’’ legislation, and he played a vital role Springs, Ohio—named for a spring that sup- Historic preservation leaders from across in securing its passage. posedly had curative powers—a young Mor- Kentucky gathered for a dinner in downtown Now that the tobacco quota program gan lamented the demolition of the old Neff Louisville last month to honor Morgan. The is gone, the Western Dark Fired To- House hotel. location was befitting—inside the old Henry bacco Growers’ Association has decided ‘‘It is important to know how America was Clay Hotel, a 1924 building that is being ren- to close its operations at the end of settled,’’ Morgan wrote in a school essay he ovated into housing and commercial shops. still keeps. ‘‘If you tore down everything Morgan has been an advocate of saving the 2006. Although the association will no that was historical, people would forget how structure, commonly called the old YWCA. longer be in existence, the associa- America was settled.’’ Friends and co-workers roasted Morgan— tion’s historical papers will be kept by Morgan laughs at his simple six-paragraph poking fun at his big nose, bushy eyebrows Murray State University, which will essay now—but the lessons he learned on and black mustache—while viewing pictures preserve the legacy of Will Edd as a that field trip are woven throughout his life. of him over the decades, with former gov- Preservation—though it began as a move- true supporter of Kentucky’s tobacco ernors and first lady Laura Bush. Bush vis- industry. I ask unanimous consent that ment of upper-crust white women—has ex- ited Louisville in 2004 and praised Morgan panded and matured and become more inclu- and the heritage council for their work on an article which appeared in the Mur- sive. Morgan has changed the heritage coun- the ‘‘Preserve America’’ federal program. ray Ledger & Times on December 1, cil’s mission with that evolution. Morgan, whose replacement will be named 2006, detailing the association’s history He helped create the African-American next year, said he one day hopes to return to and Will Edd’s record of service be Heritage Commission, the Native American Kentucky. For now, he plans to enjoy his printed in the RECORD. I ask my fellow Heritage Commission, and the Military Her- free time and will likely find a job in preser- Senators to join me in thanking Will itage & Civil War Preservation Program. He vation in Washington. and his agency worked to raise awareness ‘‘Leaving this job is the hardest thing,’’ he Edd Clark for his service to the people about Rosenwald Schools—one-room school- said. ‘‘I’ve put my whole life into it. There’s of Kentucky. houses for black children that at one time not an inch of Kentucky in the last 29 years There being no objection, the mate- dotted Kentucky and the South—and he has I’ve not seen.’’ rial was ordered to be printed in the helped preserve 60 Civil War sites across the ‘‘It’s an incredible place,’’ he said, ‘‘and its RECORD, as follows: state. greatest asset are its people.’’ DESPITE CLOSURE, TOBACCO ASSOCIATION’S In 1979, while still in his 20s, he started the f HISTORY, EFFORTS WILL BE PRESERVED Main Street program to help revive Ken- (By Greg Travis) tucky’s decaying downtowns. The program TRIBUTE TO JEANE KIRKPATRICK now includes 110 cities and towns across Ken- Murray’s Western Dark Fired Tobacco Mr. MCCONNELL. Mr. President, Growers’ Association is closing its oper- tucky and is credited with helping breathe today America mourns the loss of one new life into desolate city centers. ations after serving the people of western And he pushed to get Kentucky buildings of its great public servants and patri- Kentucky and west Tennessee since 1931. An and properties on the National Register of ots, Dr. Jeane Kirkpatrick. absolute auction of the association’s busi- Historic Places. Kentucky now has 41,000 Dr. Kirkpatrick was the first woman ness office and warehouses was held Thurs- properties and 3,200 historic districts, such to serve as U.S. Permanent Represent- day for the 4,048 brick, business office com- as Old Louisville, on the register. ative to the United Nations. During her plex at 206 Maple Street and property con- That’s the fourth-largest number of any tenure at the U.N., she was a vigorous sisting of 55,599 square feet of three commer- state in the nation, according to the Na- cial warehouses located at Poplar and Elm tional Park Service, which keeps the reg- advocate of American interests. She streets. ister. also recognized the strong moral lead- ‘‘We appreciate everyone’s interest in the Though he’s had many successes—includ- ership that this Nation provides for the auction. Naturally, we would liked to have ing persuading state transportation leaders rest of the world. seen them bring more but we had to sell to make historic preservation a key compo- She was awarded numerous honors them. We had no choice,’’ Association Gen- nent of the Paris Pike widening—all has not for her work. Among them, she re- eral Manager Will Edd Clark said, adding been positive, Morgan admits. ceived the Nation’s highest civilian that the combined totals realized from the He hasn’t persuaded the state legislature sale was just over $400,000. to commit more money for preservation. honor, the Presidential Medal of Free- ‘‘Those bidding knew this was an absolute ‘‘We don’t have the ability to give grants dom. auction. We’re proud for them. They got out, to start projects on the local level,’’ Mr. President, few can match the some good buys today.’’ Morgan said. courage that Dr. Kirkpatrick brought He said the office went to Rick Hixon and He also laments that grassroots preserva- to defending freedom and American in- the warehouses were purchased by Keith tion groups have been slow in forming. It’s terests around the world. She was a Brandon. those organizations, such as Preservation warrior for human rights, for freedom, He said that as a result of the tobacco buyout program, directors of the association Kentucky, run by citizens, that have the and for her Nation. Few have or ever power to effectively lobby the legislature, decided there was no need or purpose for the Morgan said. will match her service to our country. association to continue. ‘‘A lot of people don’t consider themselves We, and millions around the world, are ‘‘The association came about as a result of preservationists,’’ he said. ‘‘But people who in her debt. We will miss her greatly. low prices that were being realized from the

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11683 early 1900s to the 1920s. Farmers were look- through all of the old minute books. It really Clearly, this law must be clarified so ing for security in their production of to- helped me to know where we were as an asso- that American workers receive the bacco,’’ Clark said. ‘‘The tobacco industry as ciation and it helped to plan for the future,’’ labor law protections that Congress en- we know it today did not exist. There were he noted. Night Riders in the area and other situations Clark is only the fourth or fifth manager visioned. that influenced the production of tobacco for since the association began. He said he was Many courts, including the United many growers.’’ unsure what he would do, but he added, States Supreme Court, have struggled He said the tobacco business that most ‘‘something will come along.’’ with how to apply the definition of people are familiar with existed from the Association President Jim Kelly said the ‘‘supervisor.’’ It is time for this Con- 1930s until the tobacco quota buyout that sale was the end of a long era in Calloway gress to step up and make clear that was included in the America Jobs Creation County. ‘‘Lots of farmers were helped the American worker has the right to Act of 2004 terminated the federal tobacco through the association. Things are just dif- price support and supply control programs. ferent now. Farmers are contracting with organize. He said the program that had been in place companies and that’s where most of the Therefore, early in the next Con- until then worked well and was one of the farmers are at these days. The pool was a gress, I hope that every Senator will best farm programs. ‘‘But everything has a safety net that would grade and process to- join Senators DODD, KENNEDY and my- life span. With the anti-tobacco feelings in bacco until somebody needed it,’’ he said. self in introducing legislation to the country today it’s hard to generate Kelly, who farms 76 acres of burley and amend the National Labor Relations changes in the program,’’ he said. dark-fired tobacco, said more farmers were He said the local organization had a lot of going for larger acreage and many of the Act to clarify the definition of ‘‘super- local history. ‘‘Tobacco will continue to play smaller farmers were dropping out the busi- visor.’’ a major role in this region. It will still be nesses. ‘‘With the costs of farming nowadays, The legislation we envision will use a here for many years to come, but you have it’s just not something that people get into commonsense definition of the term to change with the changes, and our changes the way they used to do.’’ that is faithful to Congress’s intent in will really start to be felt with the new own- He said farmers were basically at the 1947, to delineate the relationship be- ers of our properties.’’ mercy of what the companies would pay for tween supervisors and employees. Clark said that once the properties are dis- the tobacco. But even then, there are pluses I look forward to working with my posed of and all the business issues are set- and minuses to the situation. tled, the association will go back and return He added that the association was in a colleagues on both sides of the aisle in those assets to the association’s members. shut-down phase and assets would eventually the 110th Congress to pass this much- He added that James R. Cash of Mayfield, be returned to its members. needed legislation so that millions of who is a member of the association, offered ‘‘There hasn’t been any tobacco stored in working Americans will be able to re- to conduct the auctions at no fee charge. those warehouses in a long time. It’s sad to tain their right to join a union and col- ‘‘He said that, as a member, he has been for- see it all come to a close,’’ he remarked. lectively bargain. tunate to assist other members with auc- f tions of land and equipment and that he f DEFINITION CLARIFICATION wanted to conduct this auction with no MATERNAL MORTALITY fees,’’ Clark noted. ‘‘This will be a great ben- Mr. DURBIN. Mr. President, I come Mr. DURBIN. Mr. President, I rise efit to the association and its members.’’ to the floor to discuss a very important Clark said the association will still main- issue facing American workers—mil- today to talk about what should be a tain a presence in the community for some lions of whom will be barred from orga- moment of great joy: the birth of a time. He said, as with any industry of its child. But for millions of women in the size, there are still business-related issues nizing or exercising their labor rights unless Congress intervenes. world, childbirth is a deadly game of that will require time and attention. He esti- Russian roulette. mated that his final days on the job would Eight million workers will no longer probably be in a few months. ‘‘The associa- be able to join a union or fight collec- Over 500,000 women died last year in tion had a good run. There have been lots of tively for better pay and working con- childbirth or from complications dur- directors and I have no regrets for my time ditions—including those already in a ing pregnancy. Another 10 million were here.’’ union, who will be forced to leave when injured or disabled, often permanently. The association has approximately 1,000 During her lifetime, a woman in An- members, it was reported. their current collective bargaining agreements expire. gola has a 1 in 7 chance of dying in He noted that, over the years, tobacco has childbirth or from complications stem- paid billions of dollars in taxes and those This includes more than 800,000 dollars collected have paid for many things. nurses—40,000 nurses in my home State ming from pregnancy—1 in 7. In Sierra ‘‘Tobacco has meant so much to so many of Illinois alone. Leone, the risk of dying is 1 in 6. That people and it has impacted everyone. Our This will happen because the Bush number is the same in Afghanistan—a 1 forefathers thought it was important enough administration’s National Labor Rela- in 6 chance of dying from pregnancy or that there are tobacco leaves on the facades tions Board recently decided which childbirth. In developed countries, such of many important buildings. Tobacco has types of workers are considered ‘‘super- as ours, the risk of dying in childbirth saved many farmers, helped families and is 1 in 2,800. Every such death is a trag- sent many children to school.’’ visors.’’ By law, if you are considered a Throughout the years the local association ‘‘supervisor,’’ then you are not allowed edy, but it is hard for us to even imag- has administered the tobacco program and to join a union. ine that we would lose 1 of every 6 or 7 lobbied for the growers in the nine counties In a series of rulings, the NLRB has of our mothers, wives, sisters, or of the Jackson Purchase and the Tennessee decided the fate of America’s workers, daughters. counties of Henry, Weakley and Obion. and it did so behind closed doors. These That statistic, the chance of dying ‘‘Since there will not be a tobacco program changes—some of the biggest decisions from childbirth, represents one of the or a price support system, then there really widest chasms separating rich and poor isn’t a need or purpose for our association in years have stripped millions of any longer,’’ Clark said. ‘‘We have been American workers of their rights under countries. working to get things in place for the clo- the National Labor Relations Act. That gap is wider than differences for sure.’’ This flies in the face of what Con- life expectancy and wider than dif- Clark said he has arranged with Murray gress intended more than 60 years ago. ferences in child mortality, even State University to take over some of the as- Moreover, at a time when several though the health of the mother and sociation’s historical papers. states are suffering from nursing short- her baby are deeply intertwined. ‘‘This will be a big benefit for residents of ages, this will further worsen the nurs- As Isobel Coleman of the Council on the community. MSU’s people will have to go through the old papers and catalog all of ing crisis. More than 72 percent of hos- Foreign Relations has stated, ‘‘In some those items before they are available to the pitals experience nursing shortages, countries, getting pregnant is the most public,’’ he said. ‘‘We have old records, pa- and 1.2 million nursing positions need dangerous thing a woman can do.’’ We pers and even the minute books from the to be filled within the next decade. By have an obligation to change that state first meetings. Many papers date back to denying 800,000 nurses the right to col- of affairs. 1931. And there are old floor sheets on to- lectively bargain, pay will surely de- Earlier this fall, William Kristof bacco that went to pool. There’s lots of increase and nurses’ working environ- wrote in the New York Times, ‘‘These formation and names.’’ ment will deteriorate, thereby driving women die because they are poor and He said the vintage documents will be of interest to a lot of people. even more nurses out of the profession female and rural—the most overlooked ‘‘One of the very first things I did when I and discouraging people from becoming and disposable people throughout the came to work here was to go back and read nurses. developing world.’’

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11684 CONGRESSIONAL RECORD — SENATE December 8, 2006 Kristof did a pair of columns on the to die in pregnancy or childbirth than welcomed. In those countries, they pro- subject of maternal mortality. women aged 20 to 24. These same young vide this help to families who ask for In the first column, he described how mothers are also at higher risk of ob- it. They also have a well developed pro- a young woman in Cameroon named stetric fistula. Fistula is a devastating gram to prevent and treat obstetric fis- Prudence Lemokouno was desperately condition that can result from pro- tula, that terrible condition which I de- ill. Her baby was already dead and she longed labor without medical help. In scribed earlier that results from pro- was dying, her uterus ruptured. After 3 the end, as a result, babies are most longed labor without medical assist- days of labor, her family had managed often stillborn and women and girls are ance. to get her to a hospital, but the doctor left with gaping holes in their bodies So each year, Congress appropriates initially refused to operate, saying he that leak feces and urine. They are money to support UNFPA’s efforts to needed both money and blood. The fam- then often abandoned by their families. help countries and families who want ily did not have the money, and the Even if their mothers escaped this their assistance. Yet every year the nearest blood bank was 50 miles away. brutal, prolonged labor and its terrible Bush administration has withheld that Kristof and his associate provided the consequences, infant mortality rates money. The administration does so be- money and donated the blood. They for the babies of these child mothers cause it claims that since UNFPA hoped it would be enough, but the doc- are also much higher than for the chil- works in China, that UNFPA is sup- tor still did not operate immediately. dren of older women. Yet an estimated porting or participating in coercive Later, Mr. Kristof wrote a second col- 25,000 girls are married each day in the abortions or involuntary sterilization, umn. In it, he told us that the young world, some of them as young as 7 or 8 practices which the Chinese Govern- woman had died. In describing her years old. ment has long carried out. struggle, he wrote, ‘‘It was obvious We save lives not by demanding that In fact, UNFPA works to do exactly that what was killing her wasn’t so countries ban child marriage in fact, the opposite. UNFPA promotes vol- much complications in pregnancy as child marriage is officially illegal in untary family planning and opposes the casual disregard for women like her most nations. We save lives by con- abortion as a form of family planning. across much of the developing world. vincing communities to keep their The United States sent a fact finding . . . It’s not biology that kills them so daughters in school rather than mission to China in 2002 to investigate much as neglect.’’ marrying them off. Many parents be- this matter. It found no evidence of We cannot continue to overlook lieve that marrying their daughters wrongdoing by UNFPA and rec- these women. No one should be dispos- early is the best way to keep them safe ommended that the funds Congress ap- able. And today’s devastating statistics from sexual predators and other dan- propriated for UNFPA be released. do not have to be tomorrow’s realities. gers. We can help their communities Studies have shown that abortions de- We cannot make childbirth risk free; it find better ways to keep their daugh- crease in areas where UNFPA oper- is not. There are sometimes factors and ters safe. ates—and so do maternal and child conditions that doctors cannot in the Senator HAGEL and I have introduced mortality. finest hospitals in the world cannot a bill, the International Child Marriage False accusations that UNFPA sup- prevent. Prevention and Assistance Act, to help ports abortions in China are cutting off But women and girls in developing countries take such steps. We plan to funding that could help save the lives. countries die at such tragically high reintroduce this bill when Congress re- Yet, on September 13, for the fifth year rates during pregnancy and childbirth convenes for the new session in Janu- in a row, the Bush administration an- primarily for some basic and prevent- ary and work toward its enactment. nounced that it was withholding the able reasons. And many of the solu- Women and girls also die during preg- $34 million appropriated by Congress tions are both simple and cost effec- nancy and childbirth because they are for UNFPA. tive. cut off from access to health care. Every minute, a woman in the devel- Millions of deliveries in the world There is a direct link between lack of oping world dies from treatable com- take place without a skilled birth at- transportation and high maternal mor- plications of pregnancy or childbirth. tendant—that means no doctor, no tality rates. That is one of the many That is a terrible tragedy. But the fact nurse, no midwife, no one with any links between poverty and maternal that politics are making this tragedy medical training at all. In fact, mil- mortality. Being poor should not be a worse is an abomination. lions of women literally give birth death sentence. f alone. Rural development is critical to solv- The shortage of health workers ing this problem, and reducing mater- HONORING OUR ARMED FORCES handicaps the world’s fight against nal mortality will enhance economic Mr. NELSON of Nebraska. Mr. Presi- HIV/AIDS and every other global development. We can and should train dent, I rise today to honor SSG Jeremy health challenge. That is equally true more health workers, encourage com- W. Mulhair of Omaha, NE. of the struggle against maternal mor- munities to end child marriage, and Sergeant Mulhair will be remem- tality. Training community health build better transportation networks. bered as a brave and committed sol- workers, nurses, midwives, and doctors But those aren’t the only factors that dier, a dedicated husband, and a loving is part of the battle. But it is also crit- affect maternal mortality and our re- father. His family says it was Sergeant ical to help countries better distribute sponse to it. Politics is another cause Mulhair’s dream to serve his country their health workforces and better of death. Of all the factors that con- as a soldier, inspired by his father’s, manage their health systems. tribute to the deaths of mothers, and Jerry Mulhair, service in Vietnam, his Malawi, for example, has one of the often their babies, this is the easiest uncle’s service in the Navy, and a cous- highest maternal mortality rates in one to fix and the most unforgivable to in’s in the Marines. the world. But 25 percent of its nurses allow to persist. Sergeant Mulhair was originally born and 50 percent of its physicians are The United Nations Population Fund, in Michigan but grew up on a farm in a concentrated in 4 central hospitals. UNFPA, is an organization that is rural area northwest of Omaha. He at- And yet the population of Malawi is es- doing lifesaving work. They help to tended Horace Mann Junior High timated to be 87 percent rural. promote reproductive health, includ- School and Omaha Central High We address the maternal mortality ing, for example, providing safe deliv- School. He later earned an equivalency crisis in part by building health ery kits. What is a safe delivery kit? It degree before enlisting in the Nebraska workforces to provide prenatal care is often just a plastic sheet, a bar of Army National Guard. Sergeant and to be there during delivery, in soap, a razor to cut the umbilical cord, Mulhair served with the Army in Korea rural areas as well as cities. and a string to tie it. Imagine being on in addition to two tours in Iraq. We also help countries address this the verge of giving birth or knowing On November 30, 2006, while serving crisis by getting them to take a second that your wife is about to deliver and in support of Operation Iraqi Freedom look at child marriage. In developing lacking even these most basic supplies. with A Troop, 1st Squadron, 7th Cav- countries, girls aged 10 to 14 who be- UNFPA provides family planning as- alry Regiment, 1st Calvary Division, of come pregnant are 5 times more likely sistance in countries where they are Fort Hood, TX, Sergeant Jeremy

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11685 Mulhair passed away when a roadside and we will not forget what he gave for years as a company commander, moti- bomb exploded near his vehicle in Taji, our Nation. vating his marines with his steadfast- Iraq. He was 35 years old and had been f ness. serving in Iraq since October. Over the years, I, along with all of SERGEANT FIRST CLASS SCOTT E. NISELY Giving his life in service to our coun- my colleagues in the Senate, have Mr. President, I rise today to honor try, Sergeant Jeremy Mulhair is the watched Jim Jones grow into a stellar SFC Scott E. Nisely, 48, of paradigm of courage and selflessness. leader. There are two sides to military Marshalltown, IA. He is survived by his wife Suzie and service—the field operations and the Sergeant First Class Nisely will be three children, Celina, Jeremy, and administrative side. While each pre- remembered as a man of faith, a com- Maybel, of Fort Hood, TX; his parents, sents its own challenges, both are abso- passionate father and friend, and a Jerry and Mildred, of Kimballton, IA; lutely essential to a strong Marine dedicated soldier. Originally from Syr- his brother, Robert Mulhair, of Mead; Corps. Jim Jones has been simply su- acuse, NE, Sergeant First Class Nisely and his sisters, Tammy Lines and Dixie perb in both roles. graduated from Doane College in Crete, Heisner, both of Omaha. I remember encountering then Colo- I offer my prayers and thoughts to NE, where he was a decorated track nel Jones in northern Iraq after the Sergeant Mulhair’s family. He made star, excelling in hurdles. His alma first gulf war during Operation Provide the ultimate sacrifice to ensure that mater is renaming an annual track and Comfort, which sought to provide food his children and others realize a peace- field event as the Scott Nisely Memo- and supplies to the Kurds. At one ful and free world. Sergeant Mulhair rial Track Classic. While in college, point, I accompanied him into the town was a soldier of incredible purpose and SFC Nisely enlisted with the Marines of Zaku. While you would think that all Americans will never forget what he Corps Reserve, later rising to the rank this would be one of the more dan- gave to our country. of major, and serving in Operation gerous places, with multitudes of refu- Desert Storm. LANCE CORPORAL MICHAEL SCHOLL gees and harassing Iraqi forces, I must After leaving the Active-Duty Ma- Mr. President, I rise today to honor admit I have never felt safer as Marine rines, he worked for the U.S. Postal LCpl Michael Scholl of Lincoln, NE. helicopter gunships, Air Force A–10s, Corporal Scholl will be remembered Service in Marshalltown, IA. In 2002, he and well-orchestrated groups of ma- as a brave marine, a good friend, and a enlisted in the Iowa Army National rines provided cover. General Jones loving father and husband. He grad- Guard. On September 30, 2006, while was utterly comfortable, and com- uated from Lincoln High School in serving in support of Operation Iraqi pletely confident, in that environment. 2002, where teachers and classmates Freedom in Al Asad, Iraq, with C Com- Yet he was just as at home in the knew him for his easygoing personality pany, 1st Battalion, 133rd Infantry conference rooms at Corps Head- and intelligence. He was also interested Regiment, 34th Infantry Division, Iowa quarters, at the Pentagon, and walking in cars, participating in a local car Falls, then-Staff Sergeant Nisely the historic Halls of Congress. Serving club, Camaros, Inc. passed away when his military vehicle as the 32nd Commandant of the U.S. Friends say Corporal Scholl had encountered small arms fire. He was Marine Corps, General Jones provided dreamed of serving as a marine since posthumously promoted to sergeant remarkable leadership to the Corps be- he was young. When he enlisted it was first class. fore and after the September 11 at- only after being denied at first because Sergeant First Class Nisely is sur- tacks. The marines under his command he was diagnosed with a kidney condi- vived by his wife Geri of Marshalltown, took on critical counterterrorist action as a toddler. His ability to over- IA, his son Justin of Greeley, CO, his tivities, forging strong ties with our come this obstacle set the precedent daughter Sarah of Ames, IA, and his special operations forces. General for his reputation as a reliable, coura- parents J.C. and Norma of Syracuse, Jones’ leadership led to the Marine geous marine. Corporal Scholl’s com- NE. Corps’ successful operations in south- pany commander told Scholl’s family I offer my sincere condolences to Ser- ern Afghanistan. Always a persuasive that the corporal had saved his life geant First Class Nisely’s family. He advocate for adequate resources for the during a battle in October. made the ultimate and most coura- Corps, he was an equally outstanding Corporal Scholl met his wife Melissa geous sacrifice in the name of freedom contributor to the Joint Chiefs of on a beach in Hawaii while training and hope to defend liberty. Sergeant Staff, where he could only ‘‘partly’’ there. The couple married before his First Class Nisely was a man of incred- wear his service hat. overseas assignment in Afghanistan. A ible bravery; he will be forever remem- For someone with such multifaceted few weeks after his deployment to Iraq, bered as a hero who sacrificed every- talent, skill and experience, it is little Melissa gave birth to their daughter, thing for his fellow country men and surprise that General Jones performed Addison. Sadly, Scholl was never able women. in equally spectacular fashion in his to see his infant daughter. f last, two-pronged position as Com- On November 14, 2006, while serving mander of U.S. European Command RETIREMENT OF GENERAL JAMES with the Marine Corps’ 2nd Battalion, and as the Supreme Allied Commander, L. JONES, U.S. MARINE CORPS 3rd Marine Regiment, 3rd Marine Divi- Europe. The 14th Supreme Allied Com- sion, III Marine Expeditionary Force Mr. LEAHY. Mr. President, I would mander, he has encouraged our NATO based out of Kaneohe Bay, HI, Corporal like to take this opportunity to com- allies to take on greater military re- Scholl passed away from wounds re- mend GEN James L. Jones and to con- sponsibilities outside of Europe, in- ceived from a roadside bomb in gratulate him on his retirement. Gen- cluding more leadership in ongoing op- Haditha, Iraq. He was 21 years old. eral Jones has served this country erations in Afghanistan. His clear, In addition to his wife and daughter, through landmark events, including well-spoken manner and obvious credi- Cpl Mike Scholl is survived by his the Cold War and September 11, with bility have made General Jones an in- mother and stepfather, Debora and consistent skill and with dedication, valuable asset. Jackson Chandler of Lincoln, and his energy and intelligence. The country Through it all, General Jones has had father and stepmother, Steve and has greatly benefited from his service, no greater partner, confidant, and Donna Scholl of Friend. and his clear-eyed counsel will be friend than his wife Diane. The com- Sacrificing his own life so that others greatly missed. mitment that they have shown in the could live, Corporal Scholl was the em- I have known Jim Jones for almost 30 good and bad times, to their children bodiment of bravery and the finest ex- years. I was immediately impressed and to all who know them, is simply ample of selflessness. I extend my deep- with his calm manner and obvious in- remarkable, and it is inspiring. est condolences to Corporal Scholl’s tellect when I first encountered him as I join with my wife Marcelle, my fel- family and friends. His unfaltering pa- a major in the Senate’s Marine Corps low Vermonters, and all Americans in triotism and his dedication to his fam- liaison office. I had heard of his distin- expressing our deep thanks to General ily will remain a source of hope and in- guished background to that point, Jones and his family. We owe this out- spiration for all Americans. Corporal which included service in Vietnam, standing American, great marine, and Scholl was a man of exceptional honor, where he earned a Silver Star, and dedicated representative of the very

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11686 CONGRESSIONAL RECORD — SENATE December 8, 2006 best aspects of our Nation, a debt of decade in ridding the world of land- on their knees and kissed your hand. Whole gratitude that can never be repaid. mines. Let us hope that those who con- towns threw festivals. The king in every ward summoned you to his one-room, one- f tinue to insist on their right to use these indiscriminate weapons—in Co- lightbulb palace. One pointed his horsehair LANDMINES IN COLOMBIA scepter at you and pronounced, ‘‘Thank you lombia and in other parts of the world for dee nets. All my wives use dem!’’ Turns Mr. LEAHY. Mr. President, as some- including the United States—will fi- out he has four wives and 23 kids, and they’re one who has been concerned about the nally recognize that too often their all under the nets, which is a good thing be- problem of landmines for nearly two victims are innocent people and that cause the open sewer that runs right outside decades, I was heartened when every this cannot be justified. his shack is a kind of one-stop malaria center. nation in this hemisphere, except, re- f grettably, the United States and Cuba, Everywhere you went, 40 people followed: FIGHTING MALARIA doctors and nurses and random government joined the Ottawa Treaty banning anti- suits and guards with AK–47s and vice-kings. personnel landmines. Many of them Mr. LEAHY. Mr. President, earlier You rode in an eight-truck caravan past un- had experienced the human misery and this year, the widely read, widely re- imaginable squalor, vans on fire and guys economic hardship that landmines spected Sports Illustrated columnist selling caskets on the street—a very good cause. Today most people in Central Rick Reilly launched his Nothing But business in Nigeria, where the average life and South America can walk in safety Nets campaign after learning that span is 47. And every time you opened your thanks to the treaty and thanks to the thousands of Africans—including about car door, two drummers beat a skull-busting efforts of the Organization of American 3000 children—die each day from ma- welcome. You’d pull into a school, and the principal would hang a ribbon around your States, with assistance from the U.S. laria and that simple mosquito netting neck and say something you couldn’t hear. Government, to remove the mines in could save many of these lives. ‘‘What?’’ you’d holler over the drums. those countries. When I saw recently that his readers ″We humbly fumalk apoplia!’’ Today Colombia is the only country had kicked in more than $1.2 million And you’d shrug, and he’d gesture to the in Latin America where landmines are for this effort—enough to buy 150,000 200 kids behind him, who were chanting still being used. They are a persistent nets—I had to give that dollar total a something over and over, their faces beam- problem in almost every department, double-take before it sunk in. His cam- ing. Later you’d find out it was, ‘‘Thank you, white person!’’ including some of Colombia’s richest paign has collected enough to buy And they’d play a soccer game in your coffee-growing areas. According to the thousands and thousands of nets, honor that featured nine-year-olds who 2006 Landmine Monitor report, land- enough to save thousands and thou- played like 14-year-olds in the U.S., on fields mines in Colombia claim an average of sands of lives. Those nets, distributed full of weeds and trash, with goals made of three new victims a day. Colombia has by the United Nations Foundation and tree branches. In three games the closest the third highest incidence of mine vic- the World Health Organization, already thing you saw to a boy with shoes was a set of brothers who wore one sock each. tims in the world, behind only Cam- are accomplishing that. And they’d hand you the mike, and you’d bodia and Afghanistan. What Rick Reilly’s crusade shows is try to say how blown away you were and how In Colombia the mines are used by that if you give Americans a clear and you wished you could raise 100 times more in rebel and paramilitary groups, and worthy goal, just about anything is donations, because already one hospital in they are rudimentary in design. They possible. Nigeria is saying that since the nets went kill or maim whoever comes into con- Government and private relief agen- up, outpatient cases of malaria have dropped tact with them, whether it is a soldier cies should be taking notes—and a les- from 80 a month to 50. But they’d all put or a young child. Many of the victims son—from Rick Reilly. There are so their hands to their ears and go, ‘‘What?’’ When you bribed the drummers into taking live in remote areas, hours or days many other devastating diseases that a union break, you finally met the people from any medical services, so there is a we could control or even conquer, if we you’ll never forget: the mothers. Turns out high risk of bleeding to death. summon the will. they’re nothing but nuts about the nets. In Several initiatives are under way to I ask unanimous consent that Rick fact, so many mothers want the nets that to help Colombia’s mine victims with ar- Reilly’s column about this project be get one, the World Health Organization re- tificial limbs and rehabilitation and printed in the RECORD. There being no quires them to bring their kids in for a mea- vocational services. Among them are objection, the material was ordered to sles vaccination. How often do you get two be printed in the RECORD. for one on diseases? the Polus Center for Social and Eco- You met a mother who walked half a day nomic Development, the Colombian [Sports Illustrated, Nov. 28, 2006] to get a net. You met a woman who sleeps Coffee Federation, the OAS, Centro In- NOTHING BUT THANKS with her four kids under her net, maybe be- tegral de Rehabilitacion de Colombia, (By Rick Reilly) cause she knows that three out of every 10 the Observatorio de Minas Anti- Seven months ago you and I found out that child deaths in Nigeria are from malaria. personnel, and the Colombian organiza- each day 3,000 African children die of malaria In the fetid slums of Lagos you met a tion TECNOVO. for the very sad reason that they can’t afford woman named Shifawu Abbas who’s had ma- In addition, the Colombian organiza- mosquito nets over their beds. Didn’t seem laria twice. ‘‘Everybody wants the nets here, right to us. Sports is nothing but nets—la- everybody!’’ she said, beaming. ‘‘My sister tion United for Colombia has been visited from the country and tried to steal it working on a shoestring budget, and crosse nets, cutting down the nets, New Jer- sey Nets. So SI started the Nothing But Nets from me!’’ recently with assistance from the U.S. Still, as you were climbing back into your campaign. Doctors guaranteed that if you air-conditioned SUV, she yanked back your Government, to bring Colombian sol- sent in $20, you’d save at least one kid’s life, hand and begged, ‘‘Please? Can I come with diers who have been grievously injured probably two. you?’’ from landmines to the United States It was the alltime no-brainer. Skip lunch; Sorry, you said. for reconstructive surgery. save a life. Buy the Top-Flites instead of the On the last day you met Noimot Bakare, a I applaud the efforts of organizations Titleists; save a life. Don’t bet on the Red- mother whose youngest child died of ma- that are working to assist victims of skins; save a life. Nothing to research. No laria. She was so grateful that she trembled landmines in Colombia. government to topple. No warlords to fight. as she spoke. ‘‘Malaria is killing our chil- It is tragic that any of this is nec- Bless your little hearts, all 17,000-plus of dren,’’ she said, holding her toddler. ‘‘There you who chipped in more than $1.2 million— is so much need here. God will bless you for essary. Landmines are inhumane, in- enough to buy 150,000 nets, which the United herently indiscriminate weapons which the work you are doing.’’ Nations Foundation and the World Health Please go to NothingButNets.net and keep should be relegated to the dustbin of Organization started hanging all over Nige- it up. history. The FARC rebels and AUC ria, where kids younger than five are getting For that, we humbly fumalk apoplia. murdered by mosquitoes that come out only paramilitaries who use mines should be f condemned. The use of these weapons at night. is a gross violation of human rights I know, because I saw the nets. Just got INDIAN GAMING LEGISLATION back. Feel a little bad about going without and a crime against humanity. ∑ Mr. MCCAIN. The 109th Congress you. After all, it was your money. So let’s On December 3, 2007, the world will pretend it was you who made the trip, not ends with many missed opportunities, mark the 10th anniversary of the sign- me. and among them is the opportunity to ing of the Ottawa Treaty. Great Remember? Everywhere you went, people enact necessary amendments to the In- progress has been made during the past mistook you for King Tut. Women got down dian Gaming Regulatory Act, IGRA.

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11687 IGRA has not been significantly the U.S. District Court for the District Failure to pass this bill also leaves a amended since its enactment in 1988, of Columbia issued its decision in Colo- well-documented hole in Federal over- almost 20 years ago. When IGRA was rado River Indian Tribes v. NIGC, sight of gaming contracts. While the enacted, Indian gaming was a $200 mil- ‘‘CRIT’’, ruling that the National In- NIGC has told us that management lion dollar industry. Today, the indus- dian Gaming Commission, NIGC, did contracts are not the only source of try earns $23 billion a year. The indus- not have jurisdiction to issue class III overreaching by contractors, we have try is no longer just bingo; instead, the Minimum Internal Controls Standards, left the agency with the authority to lion’s share of revenue—at least 80 per- MICS. That ruling was upheld by the approve or disapprove only manage- cent—is generated by what IGRA calls U.S. Court of Appeals for the District ment contracts. Similarly, while we all class III gaming; that is, slot machines of Columbia in October of this year. know that Indian gaming is spreading and other ‘‘Las Vegas’’ style casino Until the court’s decision, the NIGC beyond the confines of reservations, by games. This explosive and unantici- had been regulating class III gaming not passing this bill, we have also pated growth in Indian gaming has cre- through MICS since 1999. The regula- failed to amend IGRA to limit ‘‘off-res- ated a changed environment that cries tions applied both to class II gaming— ervation’’ gaming and the growth of ca- out for modifications in the law. Yet that is, bingo and games similar to sinos where local people could never Members of this body have blocked get- bingo—and to class III—gaming includ- have foreseen their arrival. In 1988, ting needed legislation passed. They ing slot machines and table games— when we first enacted IGRA, we pro- have done so at the cost of good public which represents the source of four- vided a general prohibition against policy. fifths of all revenue in Indian gaming. conducting gaming on land acquired During the 2 years that I have served Following the CRIT decision, however, after 1988; in the interest of fairness, as chairman and Senator DORGAN has tribes have increasingly challenged several exceptions to this ban were pro- served as vice chairman of the Com- NIGC’s authority to issue or enforce vided. Unfortunately, exploitation of mittee on Indian Affairs, we held seven the MICS over class III gaming. This these exceptions, not anticipated in hearings on Indian gaming. After four leaves Federal oversight only over 1988, has led to a burgeoning practice of those hearings and based on testi- class II gaming, which is a small—and by unscrupulous developers seeking to mony received, in November 2005, we with increasing numbers of States en- profit off Indian tribes desperate for introduced S. 2078. After the bill’s in- tering into compacts, a diminishing— economic development. troduction, we held three more hear- source of Indian gaming revenue. It S. 2078 would have eliminated the ings to continue oversight over the In- leaves class III regulation up to the ability of tribes to establish casinos dian gaming industry. These hearings terms of the compacts negotiated be- outside of their reservations and pro- revealed, among other things, that a tween tribes and States. But States’ vided a process whereby local commu- court decision had decimated the Fed- roles in regulating and enforcing class nities can voice their concerns regard- eral regulatory agency’s authority and III regulation varies widely among ing impacts of casino development. Fi- that, meanwhile, new large Indian casi- State-tribal compacts. While some nally, it would have prevented at- nos were threatening to appear in all States take a rigorous role in regula- tempts to create reservation land, spe- areas of the country. Based on the tion, many simply do not have the ex- cifically for casinos, through so-called hearings and responses from interested pertise or resources to regulate Indian land claims unless Congress actually parties, I offered a substitute amend- casino games. These States have typi- approved legislation to that effect. ment, which was successfully reported cally relied on NIGC to provide regula- It is my hope that the next Congress out of committee with bipartisan sup- tions. As a result of the CRIT decision, will leave Indian gaming better regu- port. However, when we sought unani- however, tribes are increasingly refus- lated and more responsive to present- mous consent for passage of the bill, ing to allow for NIGC access to or over- day realities than this Congress has holds were placed on it. These holds sight of their gaming facilities. These left it. This is my hope for tribal mem- were placed by Senators with concerns tribes are, in effect, now free to regu- bers, who depend on honestly tracked that the bill was not restrictive enough late themselves. revenue from gaming establishments and by those who thought it too re- I do not believe that self-regulation for their government services. This is strictive. Understandably, these con- without oversight is real regulation. my hope for local communities who are cerns were mostly prompted by con- By failing to enact legislation that facing the prospect of huge casinos in stituent interests. We then worked in a overturns the CRIT decision, we have their hometowns where they could bipartisan effort to modify the bill to left the lion’s share of a huge industry never have anticipated them. I am answer our colleagues’ concerns while in its own hands. This is not a small hopeful that we will choose to put the balancing the need to provide real matter. Indian gaming in 2006 is a na- good of the American people above spe- oversight over the industry. Some of tionwide industry. More than 220 tribes cial interests.∑ operate gaming facilities throughout our Members’ constituents, however, f simply do not want Federal oversight. the United States, from Connecticut to Some took the position that there California. Indian gaming is no longer NORTH KOREA must be no change in IGRA because simple bingo parlors on rural Indian Mr. FEINGOLD. Mr. President, I opening up IGRA would send a signal reservations. For a nationwide indus- think we all can agree that North that Indian gaming was not perfect and try that generated $23 billion dollars a Korea remains one of the greatest chal- no one was to speak that truth. It year and is growing, uniform Federal lenges to our country’s foreign and na- seems that these people assumed that standards are necessary and vigorous tional security policy, and it is clear ignoring the problems is a better policy enforcement of those standards are im- that approaches to date haven’t been than confronting them. perative to making sure that the successful. This year saw Kim Jong Il And there are problems. Through S. money that customers put into Indian launch seven ballistic missiles into the 2078, I sought to confront these prob- gaming machines finds its way safely sea of Japan and successfully detonate lems while at the same time honoring from the casinos to the tribal govern- a nuclear device, defying the clear will the rights of Indian tribes to conduct ments, which through IGRA are di- of the international community and gaming, a right guaranteed by the Su- rected to use the money to strengthen forcing us to confront the reality of a preme Court in the California v. the social and economic fabric of their nuclearized North Korea. Cabazon decision. I will continue to be- tribes. The failure of this Senate to The Bush administration’s policy on lieve that effective regulation—includ- pass this bill will leave Indian gaming North Korea has been a complete failing effective Federal regulation—of In- radically less protected than it was be- ure. The 1994 Agreed Framework which dian gaming is critical to tribes’ con- fore the 109th Congress convened and this administration inherited was not tinued success. the CRIT decision was issued. What we perfect, and the North Koreans cheated A critical problem we have left un- have now is the triumph of individual by pursuing uranium enrichment. But solved is the hole left in regulation of self-interests over the public good and the collapse of the framework, which class III gaming; that is, slots and it sorrows me to leave Indian gaming had kept North Korea’s fuel rods under other casino games. On August 24, 2005, in that condition. IAEA supervision, has been a disaster.

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11688 CONGRESSIONAL RECORD — SENATE December 8, 2006 As the Director of Central Intelligence, The act has been an enormous suc- and implement the new withholding re- George Tenet testified publicly in 2004, cess, not just achieving but surpassing quirement will be substantial. The ‘‘the IC judged in the mid-1990s that the goals of Congress. This act has re- Congressional Budget Office called the North Korea had produced one, pos- stored programs for students in rural provision an unfunded mandate on sibly two, nuclear weapons. The 8000 areas and prevented the closure of nu- State and local governments because rods the North [now] claims to have merous isolated schools. It has been a its expected costs exceed the allowable processed into plutonium metal would primary funding mechanism to provide $50 million annual threshold. In short, provide enough plutonium for several rural school students with educational this proposal would hurt many of the more.’’ opportunities comparable to those en- same people we are trying to help. But that is the past; our problem now joyed by suburban and urban students. The administration also proposed a is to find a way forward. For far too More than 4,400 rural schools receive few ideas, one being the selling of pub- many months we have been waiting on funds because of this act. lic lands. I have always supported the the sidelines, hoping, passively, that Next, the act has allowed rural coun- exchange or sale of small parcels of conditions will turn our way. We have ty road districts and county road de- public land that improve land manage- been distracted by Iraq—it took a se- partments to address the severe main- ment for wildlife habitat, recreation, ries of missile launches and the actual tenance backlog. Snow removal has and access. I oppose selling those pub- detonation of a nuclear device for us to been restored for citizens, tourists, and lic lands that are America’s treasures get fully engaged again. And still we school buses. Bridges have been up- such as national parks, wilderness wait for the Six Party Talks to recon- graded and replaced, and culverts that lands, or national monuments. I also vene. are hazardous to fish passage have been oppose selling public lands for the sole I welcome the news that North Korea upgraded and replaced. purpose of generating funds for the has agreed to come back to the Six In addition, over 70 Resource Advi- U.S. Treasury. Party Talks. That is a good starting sory Committees, or RACs, have been All of the ideas I brought to the point, but it cannot be the end point; formed. These RACs cover our largest working group encouraged responsible the Six Party process has dragged on 150 forest counties. Nationally, these resource development and further pro- for years now, and the only objective 15-person diverse RAC stakeholder moted the relationship of our resource result has been that Kim Jong Il now committees have studied and approved dependant communities and our public has nuclear weapons. There must be re- more than 2,500 projects on Federal lands. I have encouraged the working sults that come from these talks, and forestlands and adjacent public and pri- group to look at expediting oil and gas we must have in place benchmarks for vate lands. These projects have ad- leases, thus generating additional rev- what success means. I hope that we can dressed a wide variety of improvements enue through increased royalty pay- convince Kim Jong Il to give up his nu- drastically needed on our national for- ments. Next, I asked that the working clear weapons, but history does not ests. Projects have included fuels re- group consider streamlining NEPA for provide a great deal of reassurance on duction, habitat improvement, water- salvage logging and other timber-re- that score. At a minimum, we should shed restoration, road maintenance lated projects. My hope was to build on seek steps in that direction, such as and rehabilitation, reforestation, the success of the Healthy Forest Res- partial dismantlement or a freeze on campground and trail improvement, toration Act of 2003 and reunite our further production of fissile material, and noxious week eradication. communities with our public lands. as a starting point. RACs are a new and powerful part- Let me assure you that these ideas I Ultimately, North Korea needs to be nership between county governments have just described were only the tip of brought back into the international and the land management agencies. the iceberg. No stone was left fold. Unfortunately, we can’t do that if They are rapidly building the capacity unturned, and in many cases the rock we signal that our true desire is ‘‘re- for collaborative public land manage- was flipped several times in hopes of gime change’’ and we continue to ment decisionmaking in over 150 of our shaking a new idea loose. Unfortu- refuse to consider other options, such largest forest counties in America and nately, none of the ideas could garner as direct negotiations. When dealing are reducing the gridlock over public enough bipartisan support. Again, it is with such an important matter to our land management, community by com- upsetting to me to see an issue that national security, we should not keep munity. has built its reputation on nonpartisan any option off the table. It is high time The legacy of this act over the last success fall victim to partisan politics. for a change of course in President few years is positive and substantial. If we do not work to reauthorize this Bush’s North Korea policy. This law should be extended so it can act, all of the progress of the last 6 f continue to benefit the forest counties, years will be lost. Schools in timber- their schools, and continue to con- dependant communities will lose a sub- SECURE RURAL SCHOOLS AND tribute to improving the health of our stantial part of their funding. These COMMUNITY SELF-DETERMINA- national forests. school districts will have to start mak- TION ACT I could go on and on about the merits ing tough budget decisions such as Mr. CRAIG. Mr. President, I rise to of this act, but the truth is politics got keeping or canceling afterschool pro- make a few comments regarding the in the way of funding any extension. grams, sports programs, music pro- Secure Rural Schools and Community Some of my colleagues proposed to grams, and other programs that serve Self-Determination Act, or County fund this measure through a sweeping the basic educational needs of our chil- Payments Act as it has been nick- new 3-percent withholding on all pay- dren. In addition, many school districts named. ments made by Federal, State, and will have to determine if and how As this session comes to an end, I local governments. This proposal would many staff members they can retain want to express my disappointment impose significant burdens on busi- for the next school year. Next, counties that this Congress did not act to reau- nesses. In most cases, businesses make will have to reprioritize road mainte- thorize County Payments and to pub- substantially less than a 3-percent nance so that only the essential serv- licly reaffirm my commitment to find- profit on their contracts and some- ices of the county are met because that ing resolution for this issue. times turn no profit at all. The with- is all they will be able to afford. Since In 2000, the Congress passed Public holding requirement will effectively most school districts and counties op- Law 106–393 to address the needs of the withhold entire paychecks—interest erate on a fiscal year that begins July forest counties of America. It created a free—thereby impeding the cash flow of 1, many of these critical decisions have new cooperative partnership between small businesses, eliminating funds to be made sooner rather than later. citizens in forest counties and our Fed- that can be used for reinvestment in I have always viewed that this act as eral land management to develop for- the business, and forcing companies to a temporary measure to help commu- est health improvement projects on pass on the added costs to customers or nities transition from historical pay- public lands and simultaneously stimu- finance the additional amount. In addi- ments to the reality of today. Unfortu- late job development and community tion, the cost to the Federal, State, nately, our communities have not economic stability. and local governments to administer come far enough in the last 6 short

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I want to work with my col- late the Voice of America’s Serbian guide Serbs toward greater freedom leagues to help counties expedite their Service and recognize the 10-year anni- and openness, and encouraged the transitions and feel that the first step versary of its first television broadcast. country to come to terms with the dif- is to address how much funding is asso- VOA’s long-running work in Serbia has ficult legacy of the Yugoslav wars. ciated with the reauthorization. played a valuable role in the country’s VOA’s objective, comprehensive report- With the beginning of the next Con- evolution and provided an important ing and analysis has provided reliable, gress, I will encourage my colleagues source of information during the dark- often indispensable information to the to recall why we are working on this est periods of Serb history. This con- region’s Serbian population. reauthorization, the relationship be- tribution has been particularly evident Events in Serbia during the last dec- tween our public lands, schools, and as Serbia has undergone profound ade provide compelling evidence of how counties. And I will be asking for their changes in the last 10 years. courageous journalism can serve as a commitment in working in a bipartisan Open Studio, VOA’s first daily tele- catalyst for democratic change. As the fashion to address this critical issue vision newscast, was launched on De- region prepares to deal with new chal- expeditiously. cember 11, 1996, in the wake of massive lenges, including potential political demonstrations to protest the invalida- f changes in Belgrade and Kosovo, there tion of election victories by opponents is an ongoing need to provide South- RECOGNIZING THE DC of Slobodan Milosevic. In the face of east Europe with reliable information. COMMISSION FOR WOMEN public outcry, the Milosevic regime Along with the important work of B92 Mr. BROWNBACK. Mr. President, I worked quickly to silence independent and other brave Serb partners, I ap- rise to reflect on the contributions media outlets in Serbia, including a plaud the efforts of the Voice of Amer- that the DC Commission for Women small, vibrant radio station called B92. ica to convey the facts and represent has made to the lives of the The student-run station had distin- the United States to the people of Ser- disenfranchised in our Nation’s Cap- guished itself by broadcasting hard bia. I look forward to the VOA’s con- ital. Of particular note has been the news about the wars in the former tinued success in its next decade of commission’s focus on homeless women Yugoslavia and engaging in relentless service.∑ and children who are often forgotten criticism of the Government. VOA’s f and neglected in the District of Colum- Serbian Service responded to the Milosevic regime’s attacks on media WATER RESOURCES bia. DEVELOPMENT ACT I am particularly pleased that the freedom by expanding its broadcast and commission will serve as a partner in providing extensive reports on the Mr. NELSON of Florida. Mr. Presi- the ‘‘big read’’ program, sponsored by international reaction to the protests dent, I rise today to talk about a bill the national endowment for the arts. in Serbia. On the day Serb authorities that we have been trying to pass for This program provides books for low- finally shut down B92, VOA requested several years now—the Water Re- income ‘‘at-risk’’ children. The DC permission to help the station reach its sources Development Act. Yet, again, Commission for Women is also a na- audience via VOA radio waves. As a re- we were not able to pass this bill that tional model for educating the public sult, VOA Serbian launched a media is not only important for the State of on domestic violence prevention and solidarity project and began broad- Florida, but also for the country. It in- women’s health and safety issues. casting reports prepared by B92 string- cludes two particularly key projects My remarks are coming on the eve of ers. The solidarity project received for Everglades Restoration: Indian Mayor Anthony Williams’ transition widespread international attention, in- River Lagoon and Picayune Strand. from pubic service into private life. It cluding press coverage by the New Both of these projects are critical to is befitting that the commission is pay- York Times, Washington Post, CNN, ‘‘getting the water right’’ and restor- ing tribute to Mayor Williams’ mother, and many other respected media out- ing the natural environment of Amer- Virginia E. Hayes Williams, a member lets. ica’s Everglades. As incoming Chair of After VOA began providing assist- of the commission and a strong advo- the Senate Environment Committee, ance to B92, the Milosevic Government cate for children and women. It is not will it be a priority of the new Chair, relented and permitted the station’s coincidental that the tribute will be Senator BOXER of California, to pass radio service to resume broadcasting. held at the Saint Constantine and the WRDA as soon as possible in the B92’s chief editor, Veran Matic, cred- Helen Greek Orthodox Church for Mrs. 110th Congress? ited VOA’s assistance and inter- Mrs. BOXER. Yes. I commit to my Williams, like Constantine the Great’s national pressure on the Milosevic friend from Florida, Senator BILL NEL- mother, Helen, advised her son on reli- Government with getting his station SON, that as the new chair of the Envi- gion and affairs of the state. back on the air. B92 quickly became a ronment Committee, WRDA will abso- I would also like to acknowledge the symbol of freedom and resistance to lutely be a priority for the committee. commission’s chair, Dr. Christine M. ultranationalism during the balance of I look forward to working with him on Warnke, whose leadership has brought the Milosevic era. Today, the station is projects important to Florida and pass- international resources and visibility one of the most respected radio and tel- ing WRDA as a whole as soon as pos- to the commission. She has expanded evision broadcasters in Serbia. sible in the 110th Congress. the commission’s programs and forged VOA’s Open Studio program has built f global partnerships which promote reli- on its early success and is now carried gious and cultural tolerance. by 53 television stations in the region; WORLD TRADE MONTH As we move into the 110th Congress, 45 in Serbia and Montenegro, 6 in Bos- Mr. SMITH. Mr. President, I rise I look forward to working with the nia-Herzegovina, and 1 each in Kosovo today to speak about World Trade Commission for Women on these im- and Macedonia. VOA is the leading Month. I have always been a free trad- portant issues. international broadcaster in Serbia and er, and I am very proud of the many f Montenegro today, reaching 16 percent Oregon companies that are active in (At the request of Mr. REID, the fol- of the country’s population each week international trade and are pioneers in lowing statement was ordered to be through its radio and television pro- breaking into new markets and tearing printed in the RECORD.) gramming. down ancient barriers to commerce and By presenting American values to an cooperation. As advances in technology VOICE OF AMERICA audience that was predominantly anti- and transportation shrink our world, ∑ Mr. BIDEN. Mr. President, as the American, the Voice of America Ser- the international trade of goods and people of Serbia approach a critical na- bian Service has been an important ideas becomes more and more vital to tional election on January 21, 2007, I public diplomacy tool and helped pro- our economy. pay tribute to the journalists and mote United States foreign policy ob- In May 2006, the Commerce Depart- broadcasters who have worked to pro- jectives in Southeast Europe. In keep- ment’s Office of Export Assistance or- vide an antidote to forces of extremism ing with the best traditions of the serv- ganized a very timely and useful pro- in the country. I especially congratu- ice’s 60-year history, VOA has helped gram that focused on Asian markets

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11690 CONGRESSIONAL RECORD — SENATE December 8, 2006 beyond China. Oregonians who pay at- This tracks with the overall significance of twice as fast as our exports to the rest of the tention to trade realize the importance U.S. trade with Asia. Asia accounts for one- world. of China as a market for goods and third of total U.S. trade—up almost 70 per- We have five FTAs in the Asia-Pacific recent over the past 10 years. U.S. investment, gion which we have recently negotiated or services from the Pacific Northwest, also has more than tripled in the region over are about to negotiate. When all five are but we also have a long and robust his- same period. complete, Oregon companies will have better tory of trade relations elsewhere in Pa- As we can see from the number of compa- access to a $2 trillion market, and the sixth cific Rim Asia. As a result of this, I nies in the room, few major U.S. companies largest market worldwide. have led the Senate’s effort to nor- do not have an Asia strategy, and many have Our agreement with Singapore in 2003 was malize our trade relations with Viet- chosen some of our FTA partners like Malay- one of the first FTAs President Bush an- nam and increase trade with the least sia and Singapore as hubs for their regional nounced under Trade Promotion Authority supply chains. developed countries in the Asia-Pacific and the first FTA between the U.S. and an What I want to do today is give you a snap- Asian country. region. shot of where we are with our trade policy Since we implemented the agreement, U.S. As a businessman, I have seen how efforts in the region, but before I do, let me exports have increased almost 25 percent and trade can raise standards of living both provide some context and say a word about our trade surplus with Singapore has tripled. in America and around the world. some of the recent economic dynamics in the Most of those increases have come in sectors International commerce creates new region. where Oregon companies are globally com- First, it wasn’t that long ago when our growth opportunities for our manufac- petitive, like info technology equipment and trade policy was all about our rising trade chemicals. turers and agricultural producers, and deficit with Japan. Now, the challenge and WTO membership for Vietnam will Singapore, by the way, at our urging, has opportunity is dealing with the commercial developed one of the strongest intellectual help ensure that everyone’s playing by and strategic influence of China. property rights regimes in Asia. Over the Second, along with China’s new economic the same rules. It will also mean that last 2 years they have even gone beyond might, we’ve seen unprecedented economic Oregon farmers, ranchers, manufactur- their FTA commitments, amending their growth and political reform in the rest of ers, and service providers will enjoy laws in all IPR areas. Asia. And, we are now the largest or second Based on those amendments, just last greater access to a market of more largest trading partner of most of these fast- month Singapore’s courts imposed its first than 83 million new customers. growing economies. fine (of about $20,000) on a copyright-infring- During the Commerce Department’s Third, most of the countries in the region conference, Deputy Assistant USTR are developing unique visions of how they in- ing design firm after police discovered illegal installations of Microsoft, Adobe, and Jeri Jensen provided a very insightful tend to compete and integrate their economies into the global trading system. Some Autodesk software. keynote address, which, without objec- Our FTA with Australia was completed 1 want to move quickly, some more slowly. tion, I would like to have printed in Fourth, we are well aware of the fact that year after Singapore’s. We have referred to it the RECORD. I believe this speech is we are not the only country that is thinking as ‘‘the manufacturing FTA’’ because 99 per- worth examination by my colleagues strategically about this region. Virtually cent of our manufactured goods exports interested in trade policy and export every country in Southeast Asia has or is ne- gained immediate duty free access. All U.S. markets for U.S. goods and services. gotiating an FTA or regional agreement. agricultural exports received immediate There are now about 14 trade agreements in duty-free treatment as well. Mr. President, I ask unanimous con- One year later we can already see the bene- sent that the speech be printed in the SE Asia. China has 3 now and is negotiating 17 more. ASEAN has an FTA with China and fits. U.S. exports are already up 10 percent; RECORD. U.S. agriculture exports are at record levels, There being no objection, the mate- is negotiating FTAs with Korea and now the EU. and when the data comes in we expect to see rial was ordered to be printed in the None of them are as comprehensive and gains in services as well. RECORD, as follows: deep as those the U.S. negotiates. But they Let me turn to our ongoing FTA negotiations in the region. First, regarding Thai- EXPANDING TRADE WITH THE PACIFIC RIM clearly affect the competitive landscape, and land, we have had six rounds of FTA negotia- (Remarks of Jeri Jensen) China’s influence in the region. So the question we try to answer every day tions, and have made progress in a number of Want to thank the Portland USEAC and is how to deepen our economic ties with each areas. Scott Goddin in particular. Before coming to of these countries in a way that supports However as many of you know, this Feb- USTR, I spent about 20 years at the Com- their unique efforts toward economic and po- ruary the Thais called for snap elections in merce Department, working trade promotion litical reform, and yet recognizes the com- April. Since then, the Thai government has and policy issues. I’ve known Scott most of mercial and strategic significance of the re- had no mandate to negotiate and our nego- that time, and can say without a doubt how gion, and the fact that our competitors are tiations have been on hold. lucky Portland is to have him. not standing still? Two weeks ago, the Thai courts invali- Also want to thank companies that are We are answering that question, as Ambas- dated the results of the April elections and here today, for their interest in the region sador Portman has said, by walking and new elections will now be held, probably this and their support for our trade agenda more chewing gum at the same time. Fall. Once a new government is in place, we broadly. Companies like Intel, Nike, We are working to build relationships re- will determine, in consultation with the Tektronix, HP, Infocus and Colombia Sports- gionally in APEC and ASEAN. Indeed, we are Thai government, where we go from there. wear are the reason why we work as hard as all going to the APEC Trade Ministerial next But our negotiations with Malaysia are we do at USTR to increase our footprint in week, and we are in the midst of negotiating poised to begin in three weeks in Penang. the Asia Pacific region. We look forward to a Trade and Investment Framework Agree- This agreement holds particular promise for your support next year when we seek Con- ment with ASEAN. Oregon companies because you are the third gressional approval for our trade agenda. But most of our efforts are focused on an largest exporter to Malaysia, beating out What I want to accomplish today is for you aggressive bilateral agenda. We believe this Washington who comes in at a mere 12th. to come away with the clear sense that there approach will accomplish the most, in light Few people realize we export more to Ma- really is no other region in the world now of our Congressional requirements, the dif- laysia than we do to India, Russia, Chile, where we are more economically engaged ferent levels of development in the region, Singapore, Brazil or Thailand. Malaysia is than the Asia Pacific. We have a vision to and the needs of U.S. companies for genuine our tenth largest trading partner, with $44 continue to get you in on the ground floor of market access that goes beyond just tariff billion in two-way trade, and a consistently these economies, which you all know are the reductions to include non-tariff measures strong growth rate averaging about 5 percent fastest growing economies in the world. like IPR, remedies for investment disputes, for the last decade. This is good news to Oregon, because you trade facilitation, transparency, and other Two-thirds of our trade with Malaysia is in all are the seventh largest state exporter to barriers that plague many of the markets in electronics and high-tech products, and is Asia, (Washington is third—but Scott SE Asia. tied to a number of U.S. company supply assures me that its only forty planes and This approach is working for U.S. compa- chains, which may explain Oregon’s interest. some Microsoft software that separates Or- nies. We are increasing our exports and are Financial services and autos, where entry egon from Washington when it comes to opening the markets that matter most to barriers are high, will also likely benefit trade with the Asia Pacific). our exporters. from an FTA. Exports from your state to Asia have aver- If you were to take all of our current FTA We will also begin our negotiations with aged about $5 and a half billion over the last partners, while they may represent only 14 Korea next month. This will be a huge oppor- 5 years, and as most of you know, have been percent of the world economy, they buy tunity for U.S. companies, as the most com- concentrated in the high tech sector and ag- about 50 percent of U.S. goods exports and mercially significant bilateral free trade riculture. Eight of your top twelve trading are about the size of our third largest mar- agreement launched by the U.S. since partners, or more than 60 percent of Oregon’s ket. NAFTA 15 years ago. trade, is with countries in the Asia-Pacific And if you look at the exports of our FTA Korea is the third largest market in Asia, region. partners, they are growing at a clip of about after China and Japan, and the world’s tenth

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11691 largest economy. Like Malaysia, it has con- You can see this in the stats: its growth But as with any complex relationship, sistently high growth of about 5 percent a rate last year alone was 8.4 percent, the fast- there are challenges. In February, USTR un- year over the last 10 years. It is a high-in- est in Southeast Asia. Its imports have veiled a top-to-bottom review which con- come economy with per capita income about grown dramatically. Last year our exports to cluded that, while the U.S. has clearly de- $20,000/year. Vietnam were up 24 percent. Two-way trade rived substantial benefits from U.S.-China And it is a major world trader—the world’s with the U.S. has grown to more than $8 bil- trade, the relationship has not been suffi- seventh largest goods and services exporter. lion, which is an increase of more than 400 ciently balanced. We are already Korea’s second largest trad- percent since 2001. We are entering a new phase in our rela- ing partner. Our bilateral agreement will result in real tionship with China. We are treating it as a But we are under no illusions about the market access for U.S. companies when Viet- mature trading partner and drawing upon challenge ahead. As with Malaysia, we have nam accedes to the WTO. the full set of tools available to us to make about a year to complete the agreement, About 94% of Vietnam’s imports from the sure China complies with its commitments. which will be no small feat in light of the United States will face duties of less than You may have noticed that we were just size of the Korean economy and the number 15%. Major U.S. exports like construction joined by Canada and the EU in bringing a of non-tariff measures unique to Korea. But equipment, pharmaceuticals and aircraft case to the WTO over China’s unfair barriers because of the extensive preparatory work will face duties of less than 5%. to imported auto parts. Of particular con- Vietnam will join the Information Tech- that was done and the political commitment cern has been its WTO commitment to en- nology Agreement, implement low duties on on both sides, we believe it is achievable. force intellectual property rights. nearly all medical equipment and to har- We also have an active bilateral agenda We’ve had two recent opportunities to that’s distinct from our FTA negotiations. monize its chemicals tariffs. About three-fourths of U.S. agricultural strengthen this relationship. The Joint Com- At about the same time we were con- mission on Commerce and Trade, or JCCT, cluding the Singapore FTA, President Bush exports to Vietnam will face duties of less than 15%. And, Vietnam will open up chaired by the Secretary of Commerce and announced the Enterprise for ASEAN Initia- the USTR, met in April as it does each year tive in 2002. This is really the strategic telecom, distribution, financial, insurance and energy services to foreign participation. to discuss our bilateral trade agenda. And framework for our trade relationship with The next step is for Congress to grant Viet- then there was President Hu’s visit to see the ASEAN countries. nam Permanent Normal Trade Relations President Bush ten days later. It’s a vision for a network of FTAs with (PNTR), so that U.S. companies can take ad- At the JCCT, the Chinese made a number those ASEAN economies that have dem- vantage of all of the benefits I’ve just de- of commitments to strengthen their enforce- onstrated an ability to resolve bilateral scribed. We believe there is bipartisan sup- ment of intellectual property, resume trade trade issues, build strong support in the U.S. port for PNTR, and are consulting with the in U.S. beef, improve access to China’s business community and in the Congress, Hill to highlight the benefits of the agree- telecom market, sign the WTO government and are ready to meet our comprehensive ment. procurement code and take steps on trans- FTA commitments. Last but certainly not least, let me say a parency and export controls. TIFAs—Trade and Investment Framework few words about Japan and China. During his remarks on the South lawn, Agreements—are really just a fancy acronym Japan of course is our 4th largest trading (just before the Falun Gong protester made for an ongoing trade dialogue. TIFAs are one partner. And the question that is always her remarks, President Hu reiterated the of many possible bilateral vehicles that can posed is why aren’t we negotiating an FTA key commitments China made during the work to take a trade relationship to the next with Japan? And the answer is, as with all of JCCT, such as boosting domestic demand and level. our FTAs, we always seek a fully comprehen- increasing imports, improving market access The point is that we are broadening and sive agreement that covers all industry sec- and strengthening intellectual property pro- deepening our trade relationships through- tors, including agriculture. And the reality tection. out the region, and the shape that takes for is that Japan is not yet interested in negoti- And President Bush impressed upon Vice each country depends on each country. In- ating this kind of fully comprehensive agree- Premier Wu Yi that the value of these com- deed, precisely because the region is so dy- ment. mitments was in the follow-through. We are namic, there is no ‘‘one size fits all’’ for That said, Japan certainly is one of our currently working with our Chinese counter- trade agreements here. most important trade relationships. We al- parts to turn these commitments into re- We have TIFAs with 7 countries in Asia. ready have an advanced approach to working ality. Our TIFA discussions with the Philippines with Japan, under our Joint Economic Part- So we believe our relationship with China and Indonesia are great examples of the nership for Growth, which includes work is on track. breadth of issues that can be covered. across a number of important areas—includ- To sum up, there are really just three The Philippines have lifted its ban on U.S. ing regulatory reform, financial services, ex- points. beef, opened its market to U.S. poultry and press delivery and investment. First, the transformation of the Asia-Pa- modified their decision to increase auto tar- And we are looking at new ways to inte- cific region from a center of low-cost manu- iffs. There have also been major accomplish- grate our markets more, particularly in the facturing to what has become the growth en- ments on IPR, including stronger legislation area of IPR, both through APEC and bilat- gine for the world economy has been truly and increased coordination among IP agen- erally. remarkable; cies. And then there is China. Thirty years ago Second, we ‘‘get’’ at USTR that for Or- Indonesia’s Trade Minister Pangestu was China accounted for less than one percent of egon’s companies—and all U.S. companies— just in town in March for TIFA discussions. the world’s economy. Today, it is four per- to stay innovative and globally competitive, She and Ambassador Portman announced a cent of global economic activity, with al- they have to be integrated into the fabric of customs cooperation agreement and an MOU most $1 trillion in foreign trade annually, the Asia-Pacific; on textiles. They also announced their inten- one third of which is with the U.S. And third, we have a strategy to do just tion to negotiate a bilateral investment It is one of the world’s fastest growing that, one that contemplates the economic di- treaty and the first agreement ever on ille- economies, with almost 10 percent growth in versity of the region and employs a variety gal logging and illegal trade in endangered 2005, the third largest economy in the world of tools matched to the potential, capacity species. in terms of purchasing power, and our second and willingness of our trading partners. As a major exporter of forest products that largest trading partner. Thank you. compete with illegal logs, this should be of What is often overlooked in our relation- interest to Oregon. We hope the agreement ship with China is the opportunity—the fact f will be a model for other countries who have that it is our fastest growing export market an interest in protecting their land and sen- and that U.S. companies are doing quite well ENRICHED URANIUM sitive habitats from illegal logging, while there. Mr. VOINOVICH. Mr. President, last making sure they have access to legally pro- Exports to China have increased at a clip year after many years of effort, the duced timber. of about 20 percent a year for the past five Congress finally passed a bipartisan en- We are particularly excited about the years. What’s even more impressive is that ergy bill, the Energy Policy Act, which agreement in principal we reached with Viet- in the first 3 months of this year we almost nam May 14 on bilateral market access that doubled that rate, with our exports increas- I was very pleased to work on and sup- will pave the way for Vietnam to enter the ing 39%, 2 times faster than our exports to port. I believe, as I know many of my WTO. Japan and more than double the growth rate colleagues believe, that abundant, sta- This is a major accomplishment, consid- of U.S. imports from China during the same ble and affordable energy is one of the ering that it wasn’t that long ago—just a lit- period. most fundamental challenges the tle more than a decade—that France was And, China is not a market just for large, United States faces in terms of job cre- Vietnam’s major trading partner and Viet- sophisticated companies. The number of ation and our ability to compete in the nam was a state-controlled economy. small and medium-sized enterprises (SMEs) Now the U.S. is Vietnam’s major partner exporting to China rose faster than to any global marketplace. and it’s clear Vietnam recognizes its future other major market in the last ten years, In order to best meet these chal- is tied to the global economy, through broad- with the total number of firms exporting to lenges, I believe we need to develop and based economic reform. China quadrupling. nurture all forms of energy—including

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11692 CONGRESSIONAL RECORD — SENATE December 8, 2006 coal, oil, natural gas, renewables and engaged in negotiations with Russia Ditchley Foundation to discuss the clean, safe nuclear energy. In doing so, over possible changes to the U.S.-Rus- steps required to eradicate worldwide we need to promote energy diversity sian Suspension Agreement, with crit- terrorism. Had I been able to vote on and conservation. ical meetings to take place this month the motion to invoke cloture on the I commend the Chairman DOMENICI and in January. tax extenders package, I would have and Ranking Member BINGAMAN of the Unfortunately, this possible loophole voted in favor of it. Senate Energy Committee for their may compromise the administration’s I had to be necessarily absent from outstanding work on the bill. In par- negotiating position because Russia votes today so that I could attend and ticular, I applaud their work in pro- now believes it can simply terminate, speak to an international conference in moting new nuclear generation, and in rather than renegotiate, this agree- England sponsored by the Ditchley fact helping to launch a nuclear renais- ment, and subsequently exploit this Foundation to discuss the steps re- sance in the United States. possible loophole to avoid any dumping quired to eradicate worldwide ter- According to the Energy Committee, liability on its low enrichment ura- rorism. Had I been able to vote on the the bill will have a dramatic effect: nium exports. Under this decision, the motion to waive regarding the tax ex- Because of the provisions in the energy Russians can designate their uranium tenders package, I would have voted in bill, including the loan guarantee authority, fuel as a ‘‘service’’ and bypass the U.S. favor of it. the production tax credits, and the insurance trade restrictions that are in place to I had to be necessarily absent from protection against licensing delays and liti- regulate the import of ‘‘goods’’. votes today so that I could attend and gation, electricity generating companies and I had planned to offer a narrow speak to an international conference in consortiums across the United States are amendment expressing concern over England sponsored by the Ditchley preparing applications for permission to possible Russian plans to export more build up to 25 new nuclear power plants. Foundation to discuss the steps re- uranium and to support maintaining quired to eradicate worldwide ter- The committee further states that if the existing Suspension Agreement and rorism. Had I been able to vote on the all 25 plants are built: they would gen- HEU Agreement between the United motion to waive regarding the tax ex- erate between 20,000–25,000 megawatts States and Russia. In fact, I have a tenders package, I would have voted in of new electricity, enough to power 15 communication from the National Se- favor of it. million households; they would create curity Council that states the adminis- I had to be necessarily absent from between 40,000 and 45,000 construction tration’s support for language similar votes today so that I could attend and jobs; and they would create approxi- to the amendment I had drafted. speak to an international conference in mately 10,000 high paying, high-tech The basis for my concerns for our na- England sponsored by the Ditchley plant operation jobs. tional security is this: should the Rus- Foundation to discuss the steps re- As my colleagues also know, one of sians back out of the Suspension quired to eradicate worldwide ter- our often stated but not yet achieved Agreement in an effort to obtain direct rorism. Had I been able to vote on the priorities is to foster energy independ- access to the U.S. nuclear fuel market, tax extenders package, I would have ence. I must point out to my colleagues this could undermine and disrupt the voted in favor of it.∑ that at present our country is threat- HEU Agreement. The bottom line is ened not only by our current depend- the Suspension Agreement and the f ence on foreign oil, but also by a pos- HEU Agreement have a direct relation- CAPTAIN JOHN SMITH CHESA- sible future dependence on Russian ship. It is clear to this Senator that uranium needed to fuel U.S. nuclear re- PEAKE NATIONAL HISTORIC changes to the Suspension Agreement TRAIL actors. would have significant consequences to Earlier this year, when President the HEU Agreement, and there is no ∑ Mr. WARNER. Mr. President, I speak Bush traveled to Russia for the G8 doubt that ensuring uninterrupted exe- in support of legislation that passed summit, I was pleased to join in a let- cution of the HEU Agreement is abso- the Senate unanimously last evening ter led by Senators DOMENICI, BINGA- lutely in the U.S. national security and to establish the CAPT John Smith MAN and DEWINE that expressed our energy security interests. Chesapeake National Historic Trail. concern about further expansion of That being said, I understand there is This House legislation, championed Russian uranium into the domestic concern with addressing the issue at by my Virginia colleague, Congress- marketplace. We wrote of our concern this time, and I have decided to with- woman JO ANN DAVIS, and supported by that any changes proposed in either hold further action. While I am dis- many in the Chesapeake Bay water- the Highly Enriched Uranium, HEU, appointed that there is not enough shed, is the companion to S.2568, intro- Agreement or the Suspension Agree- time in this Congress to deal with this duced by Senators SARBANES, ALLEN, ment would have the potential of mak- important issue, it is my hope that this MIKULSKI, CARPER, BIDEN, SANTORUM, ing the U.S. more dependent on foreign situation can be quickly addressed in SPECTER, and myself. It establishes the sources of nuclear fuel at a time when the 110th Congress. first all-water trail in the National domestic sources are being developed. f Park Service trail system. This trail Further, the letter stated that addi- commemorates Captain John Smith’s (At the request of Mr. ALLEN, the fol- tional Russian access to the U.S. mar- lowing statements were ordered to be 2,300-mile voyages to explore the ket at this time is likely to result in Chesapeake Bay and its tributaries in printed in the RECORD.) market destabilization potentially 1607–1609, and will become an impor- jeopardizing resurgence of the nuclear- VOTE EXPLANATION tant component of our national cere- related industry. ∑ Mr. WARNER. Mr. President, rollcall monies next year to mark the 400th an- Frankly, I am concerned not only vote No. 275 was in reference to Execu- niversary of the establishment of based on our goal being secure in our tive Calendar No. 924, the nomination Jamestown in 1607. energy needs, but because of concerns of Kent Jordan to be a U.S. Circuit Events to commemorate the 400th regarding our national security. Russia Court Judge for the Third Circuit. I anniversary of Jamestown, the first is the largest single supplier of ura- had to be necessarily absent from this permanent English settlement in nium enrichment services to U.S. utili- vote so that I could attend and speak America, will remind Americans that ties, providing 45 percent of the domes- to an international conference in Eng- Jamestown was the birthplace of rep- tic market. land sponsored by the Ditchley Foun- resentative democracy, religious free- Unfortunately, a recent decision of dation to discuss the steps required to dom, free enterprise, and as distin- the U.S. Court of Appeals for the Fed- eradicate worldwide terrorism. Had I guished by the voyages of John Smith, eral Circuit has created a possible loop- been able to vote, I would have voted the spirit of exploration. The corner- hole in U.S. antidumping law that for cloture on the nomination. stone of this year-long commemoration could further expose the U.S. to a Mr. President, I had to be necessarily is to tell the complete story of the con- greater reliance on Russian uranium. absent from votes today so that I could vergence of three cultures at James- This decision is important because the attend and speak to an international town between Europeans, Native Amer- United States government is currently conference in England sponsored by the icans, and African Americans.

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11693 Central to understanding the first en- During his time at the United Na- The Boston Globe recently published counters between the English and Vir- tions he successfully led negotiations a superb account of Hannah’s story, ginia native tribes, and the bounty of that resulted in unanimous Security ‘‘Teter’s Syrupy Story is Worth Tell- the bay that sustained the early set- Council resolutions regarding North ing,’’ profiling Hannah and her chari- tlers are John Smith’s diaries. It is Korea’s military and nuclear activities. table venture. I ask unanimous consent those diaries that give a first-hand ac- He built consensus among our allies on that it be printed in the RECORD. count of the interaction of the English the need for Iran to suspend the enrich- The PRESIDING OFFICER. There with Native American tribes through- ment and reprocessing of uranium. In being no objection, the material was out the bay during Smith’s journeys. addition, his efforts to promote the ordered to be printed in the RECORD. Captain Smith also wrote in vivid de- cause of peace in Darfur resulted in a [The Boston Globe, Oct. 26, 2006] tail about the living resources of the peacekeeping commitment by the TETER’S SYRUPY STORY IS WORTH TELLING bay, the abundance of shellfish, finfish, United Nations. (By Bob Duffy, Globe Staff) and other species, as his small group I wish Ambassador Bolton well in his BELMONT, VT.—At the crest of a spiraling traveled in their 28-foot shallop. future endeavors and thank him for his dirt road, fronting the private pond and the Many people and organizations de- service at the United Nations. His job greenhouse attached to the small wooden serve credit for their work to advance was not an easy one, but he carried it home, on the outskirts of this splotch of a the concept of a national water trail. out with a unique grace and candor village amid the amphitheater of the Green Principal among these are Patrick that served our country well. He will Mountains—at the peak of her universe— Noonan, chairman emeritus of the Con- be missed. Hannah Teter stands in the ramshackle wooden shed and explains how you make servation Fund, and Gilbert Grosvenor, f really good maple syrup. chairman of the board of the National TRIBUTE TO HANNAH TETER You collect enough logs to suffocate a Geographic Society. They had the vi- room, like the one behind the elongated sion to see that a new national trail to Mr. LEAHY. Mr. President, I would brick-and-steel oven she’s pointing to. You mark John Smith’s travels of the like to recognize the achievements of jam the wood under the oven until you have Chesapeake bay would foster renewed an outstanding and accomplished a small inferno. interest in early colonial history, high- young Vermonter. Last February, Han- You let the sap from the maples creep ago- light the importance of geography and nah Teter of Belmont made her family, nizingly along a tubular labyrinth—you do her friends, and her fellow Vermonters this for hours upon hours—until it achieves a the bay’s natural resources in sus- viscous state. taining life, broaden our understanding proud as she won the Olympic gold You fill bucket after bucket with it. You of the contributions of Native Amer- medal in the women’s half pipe event dump each bucket into a huge vat on the bed ican tribes, stimulate heritage tour- in Turin, Italy. While this accomplish- of a truck. You drive the load to the proc- ism, and expand educational efforts to ment alone deserves congratulations, essing plant. restore the Bay’s ecosystem. Hannah has, perhaps more impres- Then you pour it all over the world. The Conservation Fund and the Na- sively, reached beyond her athletic suc- Granted, the standard recipe doesn’t in- cess and used her national—and inter- clude this last ingredient. But Teter likes to tional Geographic Society’s steadfast think big. She’s in a position to, as she has support, and dedication of resources to national—recognition to forge one of been since she won the Olympic halfpipe this effort created a partnership that the most creative charitable endeavors snowboarding gold medal at Turin in Feb- ensured our success. I speak on behalf I have seen in quite some time. ruary. of all Virginians, and lovers of the bay Just 19 years old, Hannah has en- Standing atop the podium, she was trans- to say a warm and heartfelt thank you. joyed immense success on the inter- ported to another perch—the large rock in I also thank my colleagues for their national snowboarding circuit, winning the field at the bottom of her street, where support of this legislation, and extend nine titles and medals in the last 2 she used to sit and muse. ‘‘I was doing all this traveling for my personal appreciation to my friend years alone. In the summer of 2005, ESPN recognized her with an ESPY snowboarding then,’’ she says. ‘‘I’d think and colleague, Senator SARBANES, for about how much I was doing, how lucky and his leadership on this issue and for the Award for Excellence in Sports Per- blessed I was, and I wanted to reach back, many courtesies he has extended to me formance. Realizing how blessed she give something back.’’ over the years. He has been an effective was with the opportunities that gave In the hubbub of triumph, she found an working partner over the years as we her the chance to make her mark in Olympic torch of inspiration. have worked on issues important to the snowboarding, Hannah was inspired to ‘‘The fire was still burning,’’ says Teter. ‘‘I give something back. She has seized thought, ‘This is my big chance to do some- Metropolitan Washington region. thing to help people.’ ’’ As America prepares for the 400th an- this opportunity to demonstrate to It was still a vague notion. Teter wanted niversary of Jamestown, this new na- other young people that they have the something special to express her charitable tional trail will connect Americans to power to make a difference. inclinations, but she had no clue about what one of the earliest chapters of our her- Upon her return from Turin earlier it should be. She turned to her mother, Pat, itage, allowing us to retrace the paddle this year, Hannah enjoyed the lime- whose brainstorm became Hannah’s Gold. strokes and footsteps of CAPT John light that her Olympic successes Hannah’s Gold is marketing metallurgy. Smith, to relive what he experienced brought her. But it wasn’t long before Its intent is to provide nourishment in the truest sense. The proceeds from each $15 bot- some 400 years ago, and to give us a her altruism opened the door to a creative way to help others to benefit tle of Vermont maple syrup, produced by new avenue to enjoy and preserve the Mapleside Manufacturing, go to the chari- Bay.∑ from her success. Raised in a family table organization World Vision to alleviate f where maple syrup production was an the hunger and AIDS crises in Africa’s most annual event, Hannah drew on her impoverished towns. RESIGNATION OF AMBASSADOR childhood experiences and, together It’s personal. It’s indigenous. It’s pure, JOHN BOLTON with her mother, conceived ‘‘Hannah’s well, Hannah. Mr. BUNNING. Mr. President, I speak Gold.’’ The bottles of maple syrup, pro- ‘‘Maple syrup made me what I am today,’’ duced on a neighbor’s farm, are sold to she says. today on the resignation of Ambas- All right, so it isn’t actually sador John Bolton from the position of benefit World Vision, a charitable or- snowboarding’s answer to Popeye’s spinach. Permanent Representative of the ganization that provides aid to strug- Give the kid a break; she’s only 19. And United States to the United Nations. gling people in Africa. Proceeds from maple syrup sweetens an abundance of her I am very disappointed that a hand- each bottle of syrup will go toward al- childhood memories. ful of my colleagues prevented Ambas- leviating hunger and the AIDS crisis in Out in the shed, Hannah and some com- sador Bolton from receiving the up-or- impoverished areas. bination of her four brothers—Amen, Abram, down vote that he deserved in the Sen- Hannah’s efforts are just one example Elijah, and Josh—would sit transfixed on a ate. This comes at a critical time in of the long legacy of service and char- discarded truck seat overlooking the oven where their father, Jeff, made syrup every our Nation’s foreign policy. ity in which we Vermonters take so spring. He’d let them pour the buckets into His no-nonsense diplomacy was a much pride. She is truly an example to the vat. And after they’d driven it around welcome change at the United Nations the many young people who look at her town for processing, she couldn’t wait to eat at a time when the organization found achievements with dreams of their it. Before she got into the house, if nec- itself rife with corruption. own. essary.

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11694 CONGRESSIONAL RECORD — SENATE December 8, 2006 ‘‘Snow syrup,’’ says Teter, her eyes spar- counsel for GPO, the agency respon- fielded questions about where he was kling at the recollection. ‘‘Nothing like it.’’ sible for printing and distributing the headed, what he would be doing there, Such was the flavor of her youth on this 10- CONGRESSIONAL RECORD and almost all and when he would be coming home. He acre plot—simple, ineffable pleasures. With other Government publications. encouraged the students to write and an extended family that she estimates includes ‘‘about 50 cousins,’’ she’d swim and Years ago, my wife Marcelle and I in- promised he would do the same. canoe and skate on the pond. She’d vited Tony over for an evening at our On September 1, 2005, on a road south skateboard on a homemade ramp. She’d play house in McLean. Also joining us was of Baghdad, an IED ended the life of volleyball at the net that stood in the side Henry Chapin, who gave us a perform- Sergeant First Class Hollar. As word of yard. She’d jump from an upstairs bedroom ance that showed us why he is known his death reached the classroom where window onto a trampoline in front of the as a great balladeer. I will always re- he had stood just months before, the house—when her parents were away, of member that night of music, laughter, children began to cry. You see, Ser- course. And after she became a globetrotting and friends fondly. geant First Class Hollar taught them snowboarding prodigy, following her appren- ticeship at the local ski area, Okemo Moun- Throughout his career both here on something else: he taught them that tain, she’d miss all that. the Hill and later with GPO, Tony was our freedom is not free. ‘‘Not being here for maple syrup season,’’ known for his dedication and hard This week, the Senate passed S. 4050, says Teter, ‘‘is like missing Christmas.’’ work on behalf of the American people. a bill naming the post office in Now she’s trying to turn maple syrup sea- He leaves with a lengthy and very dis- Thomaston, GA, as the Sergeant First son into Christmas. tinguished record of public service. I Class Robert Lee ‘‘Bobby’’ Hollar, Jr. ‘‘I wondered where the money would help thank my friend Tony Zagami for that Post Office Building. For the children the most,’’ says Teter. ‘‘I thought of Africa. service, and Marcelle and I wish him at Crescent Elementary School, this I read up all I could on it. I read about the AIDS and the hunger and I thought this well as he departs to begin a new chap- building will serve as a lasting memory would be the best place to start.’’ ter in his life. of their pen pal and hero. For the rest ‘‘Start’’ is the operative word. Hannah’s Mr. KENNEDY. Mr. President, at the of us, this building will serve as a re- Gold has raised only about $5,000 so far, but end of the year, a longtime public serv- minder that our freedom is not free. it was launched just a couple of months ago, ant who is a former congressional staff In closing, I would like to thank the and Teter’s grasp is of a much grander scale. member will retire after 40 years of dis- numerous people in Georgia who helped She’ll appear on Jimmy Kimmel’s late-night tinguished Government service to the to make this possible as well as the TV show Dec. 15 to promote Hannah’s Gold. Nation. Since 1990, Anthony J. Zagami U.S. Postal Service and my fellow Sen- She has agreements from Okemo and Burton Snowboards to donate $1 each per bottle of has been general counsel of the Govern- ators. Hannah’s Gold sold. ment Printing Office, the longest serv- f This is only the ground floor, anyway. ing general counsel in the agency’s his- INDIAN TRUST REFORM ACT Teter now lives in the limelight; she’s based tory, and I welcome this opportunity in South Lake Tahoe, Calif., but most of the to commend him for his long and out- ∑ Mr. MCCAIN: Mr. President, as chair- time she’s ordering room service on a trans- standing career. man of the Committee on Indian Af- continental whirlwind on behalf of sponsors Tony has been general counsel at fairs, I rise today to speak in vigorous Motorola, Burton, and Mountain Dew. ‘‘They GPO for the past 16 years. Before that, support of S.1439, the Indian Trust Re- keep me pretty busy,’’ she says. form Act of 2005, a bill I introduced in But she wants to do the majority of her he had worked ably with us in a vari- July 2005, with Senator DORGAN as an cashing in for charity. ety of positions in the Senate. I first ‘‘People know me as a snowboarder,’’ she met him in the 1970s, when he was an original co-sponsor, to address a broad says, ‘‘but I want to branch out to different impressive young aide in our Senate range of Indian trust asset issues and avenues, really reach out and raise money. Democratic cloakroom. trust management policies and prac- Hannah’s Gold is the first step. I plan to do At the time, Tony was also earning tices. As introduced, this bill was in- more, keep building.’’ The ideas are like his law degree from George Mason Uni- tended only as a starting point for an mountain snow right now, more kinetic rush versity School of Law in Arlington, extended dialogue with interested par- than specifically targeted, but even as a nov- and his strong commitment to public ties in Indian country and in the Gov- ice fund-raiser, Teter intends to be more ernment that would lead us, eventu- than a mouthpiece. service impressed us all. ‘‘I plan to go over to Africa soon to see He later became general counsel of ally, to legislation that brings real and where and how the money is being spent,’’ the Congressional Joint Committee on lasting improvements in the way In- she says. ‘‘I don’t just want to lend my name Printing, our oversight committee for dian trust assets are managed and that to these projects.’’ GPO, and he served there for 9 years. resolves the 10-year old class action No matter how modest a start her altruism When he moved to GPO in 1990, Tony lawsuit against the United States is off to, Teter won’t be shortchanged on en- became an essential part of the ongo- known as Cobell v. Kempthorne. I want thusiasm and optimism. to begin by extending my thanks and ‘‘Hannah’s Gold has only been out so ing effort to guide the agency in the long,’’ she says. ‘‘It’s really flying. It’s going digital age. great appreciation to Senator DORGAN, uphill, the way I go in snowboarding. I hope I have enjoyed working with Tony who is vice-chairman of the committee it goes with me. No, I know it will.’’ very much over the years, and I have and will soon be its chairman in the f always had great respect for his ability 110th Congress, for the extraordinary, and dedication. On the occasion of his tireless effort that he and his staff A TRIBUTE TO ANTHONY J. retirement, I thank Tony for all he has have made in working on this bill over ZAGAMI done so well, and I extend my best the course of the past 2 years. In ac- Mr. LEAHY. Mr. President, on Janu- wishes to him and to his family for the cordance with a long-standing tradi- ary 3, 2007, a longtime employee of the years ahead. tion of bipartisanship within the Com- Congress and the Legislative Branch f mittee on Indian Affairs, Senator DOR- will retire from public service. After 40 GAN and his staff have worked hand-in- years of service, Anthony J. ‘‘Tony’’ SERGEANT FIRST CLASS ROBERT hand with me and my staff in our at- Zagami will depart as the longest serv- LEE ‘‘BOBBY’’ HOLLAR, JR. POST tempt to reform the way in which In- ing general counsel in the history of OFFICE BUILDING dian trust lands and resources are man- the U.S. Government Printing Office. Mr. ISAKSON. Mr. President, today I aged and to settle the Cobell lawsuit. Tony Zagami began his career as a pay tribute to SFC Robert Lee By no means did trust reform begin young Senate Page in the mid-1960s. I ‘‘Bobby’’ Hollar, Jr. Sergeant First with this bill. I myself have introduced first met him during my first term in Class Hollar was an exemplary soldier, similar legislation in prior Congresses, the Senate representing the citizens of respected U.S. Postal employee, and a including S. 1459 in the 108th Congress; Vermont. At that time, Tony was loving family man. in 2004 the Congress enacted the Indian working in the Senate Democratic Before deploying for Iraq, Sergeant Probate Reform Act, which brought cloakroom while completing law First Class Hollar dropped by Crescent significant reforms to the laws applica- school. He spent a total of 25 years in Elementary School in Griffin, GA, to ble to the probate of individual Indian various positions on Capitol Hill before visit a class of students. In the class- trust and restricted land; and 10 years leaving in 1990 to become the general room, Sergeant First Class Hollar before that the American Indian Trust

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11695 Fund Management Reform Act of 1994 ciary to the thousands of Indian bene- aspects of Indian affairs within the De- was enacted into law, which, among ficiaries of trust lands and funds. partment, including the management other things, created the Office of the Between 1993 and 2006, the Committee of tribal and individual Indian trust as- Special Trustee for American Indians. on Indian Affairs has held at least 17 sets, including both financial and nat- While I truly believe that as a result of hearings on the matter of Indian trust ural resource trust assets. Under this these and other enactments, and re- reform or reorganization of the Bureau proposal, the Office of the Special form initiatives within the Department of Indian Affairs. In 1994, Congress Trustee would eventually be phased of the Interior—in part in response to passed into law the American Indian out. However, although Tribal leaders court orders in the Cobell case—there Trust Fund Management Reform Act, and Department officials on the task have been improvements in at least 25 U.S.C. § 4001, et seq., to reform the force also reached agreement on other some areas of trust management, we management of Indian assets, ac- significant matters relating to trust still have a very long way to go before counts, and resources held in trust and reform and restructuring, they were the business of Indian trust reform is managed by the United States. The unable to agree on certain key ele- complete. 1994 Act was not the final word on trust ments of the legislative proposal. In I will not even try to recount here reform, even in the limited context of October of 2002, the joint task force the difficult history of the relationship Indian trust funds management. Two was disbanded. between the United States and its na- years after that Act was passed, a class Mr. President, I wish I could say that tive peoples. But I am pleased to say action based in part on the require- our efforts in the 109th Congress that the past 25 years have brought sig- ments of the Act was filed in the bridged all of the gaps between the nificant advancements in the lives of United States District Court for the Government, the tribes and individual many Indian people as a result of bet- District of Columbia: the case of Cobell Indians, but I cannot. That does not ter access to education, health care v. Babbitt—redesignated Cobell v. Nor- mean that we did not make significant and housing, and because of economic ton with the appointment of Gale Nor- progress. In the course of the past 18 to development in some parts of Indian ton as Secretary of Interior, and again 20 months all parties have acquired a Country. However, there are still many Cobell v. Kempthorne with the appoint- much better understanding of the unacceptable disparities between con- ment of Dirk Kempthorne as Sec- issues and of each other’s positions. ditions in many Indian communities retary. The Committee and its staff have also and those of non-Indian communities In November 2001, in response to the acquired a better understanding and in this country. S. 1439 represents an Cobell litigation, the Department of appreciation of the issues as well. attempt to address one particular com- Interior submitted a reprogramming Again, I want to thank Senator DOR- ponent that affects the economic well- request to the Senate and House Ap- GAN for his insights, efforts, and com- being of many Indian people: the way propriations Subcommittees on Inte- mitment of time and staff in this truly in which Indian trust and restricted as- rior and Related Agencies to establish bi-partisan effort. The majority and sets—land, minerals, water, timber, a new ‘‘Bureau of Indian Trust Asset minority staff of the Committee on In- crops, and the revenues derived from Management’’, BITAM, within the De- dian Affairs met extensively with rep- these resources—are managed by the partment to be administered by a new resentatives of Indian tribes, tribal or- United States. appointed official, an ‘‘Assistant Sec- ganizations and individual Indian orga- The performance of the United States retary—Indian Trust Asset Manage- nizations in an effort to get a solid un- over the past 125 years in its capacity ment.’’ derstanding of what Indian country as trustee and manager of Indian trust The BITAM proposal was very poorly wants to get out of trust reform. The and restricted lands is not something received by Indian country, and soon staff of both sides of the committee to be proud of. The policy of allotting thereafter the Senate Appropriations also met and conferred extensively Indian tribal lands, which had become Subcommittee on Interior and Related with various components of the admin- the general Federal Indian policy in Agencies asked the Department to re- istration and representatives of the the 1880s, was one of several federal submit its reprogramming request at a plaintiffs in the Cobell case to discuss ‘‘experiments’’ in Indian matters that later date pending further consultation S. 1439 and the settlement of claims in have had regrettable results both for and further review of the management the lawsuit. I know this outreach and the Indian tribes and for the Govern- and organization of the Department’s the information it produced will be ex- ment. This policy of the 19th Century trust program. tremely useful to this body as the In- has come back to haunt us now in the Over the course of 2002, the Depart- dian trust reform initiative goes for- form of fractionated ownership of al- ment convened and participated in a ward in the 110th Congress. lotted lands—where some parcels of series of consultations and other meet- land are owned by dozens, often hun- ings with Tribal officials and rep- One significant outcome of our ef- dreds and in some cases even over a resentatives across the country to dis- forts during this Congress is the fact thousand different individual Indian cuss Indian trust asset management that the administration made a owners. This fractionation of owner- and reform. The principal mechanism counter-proposal in October of this ship has led to a proliferation of indi- for this consultation was a ‘‘Joint year which spells out its views of what vidual Indian money accounts, ‘‘IIM Tribal Leader/Department of Interior should be done to reform the manage- accounts’’, which now number in the Task Force on Trust Reform’’ comment of Indian trust assets, and I am hundreds of thousands of separate ac- posed of Tribal leaders from around the submitting a summary of that proposal counts and many of which have very country and Department officials. The along with this statement. Their pro- small balances and annual income, all joint task force reviewed and docu- posal has four major components: con- of which the Federal Government has a mented trust asset management func- solidation of ownership of fractioned trust obligation to track and manage— tions and processes at all levels within tracts within the next 10 years; a tran- at considerable expense. the Bureau, and eventually identified sition to beneficiary-managed owner- The staggering number of tiny numerous features of the Bureau’s ship of trust lands within the next 10 fractionated interests—along with dec- trust system and organization that re- years; resolution of tribal trust ades of mismanagement on the part of quired reform. The joint task force also claims—in addition to individual In- Government officials—contributed to studied several restructuring proposals dian trust claims; and some limitations the conditions that led to the filing of developed by Indian tribes around the on the liability of the Government for the Cobell class action here in the Dis- country. claims that may arise during and after trict of Columbia. A lot has happened Ultimately, the joint task force the 10 year transition period to a sys- in that litigation since it was filed 10 reached an agreement in principle on a tem of beneficiary management. years ago, much of it reported in news- restructuring proposal that would cre- Not surprisingly, the reaction of In- papers across the country, but I think ate a new position of Under Secretary dian country to the administration’s it is fair to say that one thing the case for Indian Affairs. The Under Secretary proposal was, for the most part, quite has shown is that the United States would report directly to the Secretary negative. Much of the opposition fo- has not lived up to its duty as a fidu- of Interior and have authority over all cused on the timing of the proposal: it

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11696 CONGRESSIONAL RECORD — SENATE December 8, 2006 was made with only weeks of legisla- nificant changes to the management system All mismanagement claims for tribal mon- tive days left in our calendar, not near- for Indian trust assets. As proposed, these ies, lands, and resources would be resolved ly enough time to consider, debate or changes would not remove the trust status of and settled. even understand the far-reaching im- Indian lands, but would reallocate signifi- A settlement fund would be established cant decision-making authority and legal re- and each tribe would receive a distribution plications of the administration’s sponsibility from the Federal government to based on a formula that would take into ac- ideas. the Indian tribes and individuals. The pro- count the amount of land a tribe owns and On the other hand, while many tribes posed changes are generally described below. the amount of revenues that were generated and individuals criticized the proposal The Chair and Vice-Chair of the Com- from that land for a specified period of time. taken as a whole, many were not committee have not approved these proposed All historical accounting claims against pletely opposed to all aspects of the changes to S. 1439, but have asked their re- the United States would be settled. proposal and, indeed, some even agreed spective staff to seek input from Indian Account balances for Indian trust accounts with certain aspects of the administra- Country before they make a decision on would be deemed accurate as of the date of these proposals and how to proceed with the passage of Senate bill 1439. tion’s ideas. For example, there was The bill would not settle takings claims widespread acknowledgment that bill. Land fractionation—consolidate all 128,000 for land or related resources, claims to es- fractionated ownership of individual tablish the right to possess or the ownership Indian lands has been a real, ever-wors- individual Indian allotments into ownership of no more than 10 individuals per of tribal land, or claims arising under Fed- ening problem that has plagued the tract of land within 10 years eral environmental laws. system for many decades—one that In- The highly fractionated nature of many in- Limitation on liability of the United States dian country must confront and deal dividual Indian lands has made it difficult during and after transition period with now and not later—and that deal- for the United States to manage these lands In order to facilitate the proposed reforms, ing with the problem will require solu- and the revenues generated from them. it has also been proposed that during the pe- tions that are not altogether pleasant. There are currently 128,000 individual Indian riod of time for land consolidation and tran- And even though some commentators allotments and 3.6 million fractionated in- sition of the trust management system into seemed to oppose any system of bene- terests. One proposal to address this issue a beneficiary-managed trust there would be ficiary-driven management decisions has been to develop aggressive mechanisms some limitations on the liability of the to consolidate all allotments into 10 or fewer United States in regard to the management for trust lands, others recognized that of trust resources. the Indian tribes and Indian landowners for each tract of land within the next 10 years. After the transition period, the Federal owners can and will make better deci- All land would remain in Indian title with government would remain responsible for sions regarding the use of their own individual Indian or tribal owners. correcting errors, but without damage lands than the Bureau of Indian Affairs Consolidation would include voluntary and claims against the government for its resid- if they are given the appropriate re- involuntary mechanisms, but large interest ual responsibilities. sources to do so. I am also submitting owners would have a first opportunity to buy for the record a copy of a recent edi- out the smaller interest owners would have a [From Washington Watch, Nov. 30, 2006] torial that appeared in a widely read first opportunity to buy out the smaller in- TRUST FUNDS SETTLEMENT SHOULD NOT BE LEFT TO THE FOSSIL RECORD Indian periodical, Indian Country terest owners before an entire tract is put up for sale to either the tribe or a member of Today. The editorial suggests that cer- The Individual Indian Money trust remains that tribe. a troubled realm, and it is likely to stay that tain aspects of the administration’s Consolidation of tracts with 100 or more way well into the next Congress. proposals are in fact reasonable, in- owners would be prioritized. Indian country was right to reject the case cluding the idea that Indian bene- Funding for the proposed consolidation settlement concepts offered by the adminis- ficiaries will make good managers of mechanisms would be assured by inclusion in tration. But as spelled out by the next Sen- their land, and it challenges Indian the funding levels of the bill. ate Committee on Indian Affairs chairman, country to engage with the administra- Beneficiary-managed trust—transition of all Sen. Byron Dorgan, D–N.D., failure to re- tion on its ideas and ‘‘come back with individual Indian and tribal land to a solve the IIM litigation ‘‘overhangs every- an improved set of proposals based on beneficiary-managed trust system within thing else’’ in federal Indian affairs, on the 10 years funding front above all. them’’ rather than just reject them out That overhang, 10 years in the making, After fractionated lands are consolidated, of hand. isn’t likely to get any less severe under a it is proposed to convert the current man- So indeed, Mr. President, while I am Democratic Congress over the next couple of agement system for all individual Indian and disappointed that S. 1439 was not years. Another leading figure on the issue, tribal land into a new system within a 10 passed into law, I am also encouraged Sen. John McCain, R–Ariz., has stated out- year timeframe. The lands would remain in right that he will not vote for a bill to settle by the progress we have made in our trust and not be subject to taxation, but the the IIM litigation if it does not also settle as understanding of trust management individual or tribal owner of the lands would many subsidiary trust claims as may be pos- problems and in the willingness of the have most of the privileges and responsibil- sible. He wants a ‘‘whole’’ settlement, in Indian tribes, individual Indians, rep- ities of property management. resentatives of the class action plain- The landowners would make nearly all de- contrast to an IIM-only settlement that would be considered ‘‘partial.’’ As a Repub- tiffs and the administration to engage cisions on land use within certain broad parameters. lican of high stock right now and a probable in meaningful discussions on how to fix presidential candidate in 2008, McCain’s this system. I am hopeful that in the All revenues generated from the land would go directly to the landowners (direct views will take many lawmakers along with 110th Congress the Committee begins pay). him. So for now, any hope of an IIM-only, ‘‘par- where we left off in this bill and that it The landowners would negotiate their own tial’’ settlement is out. will not shy away from the difficult long-tern leases and land use agreements, So is any hope of the huge settlement de- issues of Indian trust reform. without Secretarial approval. scribed as fair by the IIM plaintiff class. Re- Mr. President, I ask that the afore- The BIA would provide ‘‘management’’ fi- member, the litigation itself is only about an nancial support and technical assistance dur- mentioned documents be printed in the accounting. When the frail pages of the law- ing a transition period to assist owners in RECORD. The documents follow. suit are found among other fossils many cen- becoming efficient property owners and man- NEWLY PROPOSED PROVISIONS FOR SENATE turies from now, they may show that a court agers. BILL 1439 THE INDIAN TRUST REFORM ACT has ‘‘settled’’ the mismanaged accounts for a The federal government would remain re- larger sum than the government will agree Senate bill 1439, the Indian Trust Reform sponsible for: preventing involuntary alien- to, left to its own devices. But the govern- Act of 2005, would resolve the Cobell v. ation of land; approving transfers of land ment can litigate for decades yet at a cost Kempthorne case and make reforms to the title; maintaining land title records; and still light-years from the settlement fig- way the United States manages Indian trust probating trust estates. funds and assets. The bill was introduced in ure(s) the plaintiffs have initiated. July 2005 and Committee staffs have been Resolution of tribal claims related to the The starting figure of $176 billion, though meeting with representatives from the plain- mismanagement of trust funds, lands and never actually sought, was off-putting; $27.5 tiffs, the Administration, and Indian tribes resources billion proved another non-starter; $13 bil- to decide what changes, if any, should be In addition to resolving all individual In- lion also struck the administration as unre- made to the bill. This paper highlights sev- dian claims related to the United States’ alistic; $8 billion to $9 billion, considered a eral proposals that have come out of some of mismanagement of trust funds, lands and re- reasonable ‘‘rough justice’’ number by the those discussions. sources, it has been proposed to resolve all SCIA, might have been reachable two years To gain support for a multi-billion dollar tribal claims for the same matters. Possible or so ago, but now the administration con- bill, it may be necessary to incorporate sig- suggestions for addressing this issue include: siders a much lower figure justice enough.

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11697 Nonetheless, according to Interior Sec- NATIONAL INSTITUTES OF portant step to maintain our commit- retary Dirk Kempthorne, it is willing to in- HEALTH REFORM ACT ment to America’s children. vest ‘‘billions’’ in a kind of omnibus bill on trust claims. The key verb is not ‘‘to settle’’ Mr. REED. Mr. President, I take this f or ‘‘to reimburse’’ but ‘‘to invest,’’ and in the opportunity to acknowledge a very im- END OF THE 109TH CONGRESS short term there is no getting around it. portant deed this body has accom- Mr. ROCKEFELLER. Mr. President, Indian country should engage with the ad- plished prior to the conclusion of the ministration’s case settlement concepts, 109th Congress. Despite some incredible as the 109th Congress wraps up its final then, and come forward with an improved set obstacles and limited time we have session, I want to note my disappoint- of proposals based on them. succeeded in protecting real health in- ment that the current leadership de- It’s a steep order, but the case settlement surance coverage for low-income, cided not to work on all 10 of the ap- concepts do provide some footholds. For working Americans. propriations bills that remain undone. starters: The State Children’s Health Insur- Congress is adjourning and walking The administration foresees ‘‘voluntary ance Program, SCHIP, which I am away with much of our work incom- and involuntary’’ mechanisms for consoli- proud to have helped establish in 1997, plete. dating fractionated lands. Given the history It is irresponsible and wrong. We here, the concept of an involuntary taking of has made a difference in expanding land to be consolidated is troublesome, to health insurance coverage to low-in- should have stayed and made the tough say the least. But assuming economic use is come children around this country. In decisions to get the appropriations the goal of consolidation, there is no other previous years, Congress has stood up done. The Federal budget is due Octo- way. Land tracts with hundreds of owners for low-income children and produced ber 1. We missed that deadline, as we cannot be managed for profit, period. Con- the additional funding necessary to have often in recent years. The leader- solidation that requires consent from all keep the SCHIP program running. A ship adjourned for the elections, and owners is impossible for many reasons. number of states are again facing ur- when we returned the leadership lacked Tribes should be able to propose sensible gent shortfalls in their SCHIP allot- the will and determination to finish limits on involuntary consolidation mechanisms that don’t also torpedo the purposes of ments in fiscal year 2007. I was deeply the appropriations bill. Many individ- consolidation. disappointed when the tax extenders uals Senators, including me, would The administration foresees a ‘‘beneficiary package did not include, as expected, a have stayed and worked hard to get the managed trust’’ that would grow the trust modest proposal to help those states job done. But we were overridden. estate. This was dangerous at the time of the facing immediate shortfalls in their Failure to enact the appropriations Dawes Severalty Act, a century and some SCHIP budgets. in a timely manner hurts programs be- years ago, but nowadays it simply isn’t a Not so long ago, Rhode Island could cause administrators cannot plan and new concept. In fact, it’s a solid, tested con- proudly claim it had the lowest rate of they cannot hire staff in a timely man- cept that can help prosperity along by uninsured children in the country. The goading individuals and tribes toward the ag- ner. This can create real problems in latest Census Bureau report is now our VA hospitals, our Head Start agen- gressive management of their own resources. showing a different picture—the num- After a 10-year period for technical assist- cies and the clinics funded by the Ma- ance as financed in the law itself, individuals ber of uninsured children rose a full ternal and child health block grant. would manage their own lease property, with percentage point, from 5.8 percent to This year, instead of doing our work, payments going direct to individuals instead 6.8 percent from 2004 to 2005. My state the congressional leaders are punting of being lightened along the way by the gov- has worked hard over the past decade the tough budget decisions into the ernment. The original trust funds reform law to build a children’s health insurance next year and the next Congress. On of 1994 foresaw every bit of that. But the gov- program that has become a model for February 15, 2007, when the continuing ernment would still fulfill vital residual the nation. Yet, Rhode Island is antici- resolution, CR, expires, agencies will roles, maintaining the land as inalienably pated to be the first of several states in have been operating for 41⁄2 months tribal land, in trust and tax-exempt, as well a funding shortfall next year. Specifi- under a CR which represents more than as probating estates, correcting errors in the cally, my state is facing a $43 million accounts, transferring titles and keeping a third of the fiscal year. This imposes shortfall and will have only 32 percent title records. A proposal like this should not burdens and hardships on the people of the funding necessary to sustain be rejected with outrage, but embraced with that our agencies of Government serve. SCHIP in 2007. These dollars mean the care. Again, tribes can certainly offer pro- It is failure of leadership. difference between thousands of chil- posals for the longer-term protection of their The Coalition of Human Needs has more vulnerable members. dren, pregnant women, and families done some estimates about these cuts Tribes have especially reviled the idea of getting access to health care or not and their effects since 2002. Their anal- limits on federal liability, should IIM bene- getting the care they need at all. ficiaries choose to manage their own lands. Included with the reauthorization of ysis highlights that over time 72 pro- But already, the U.S. Supreme Court has es- the National Institutes of Health, NIH, grams of direct services have been cut tablished limits on federal liability in cases is a modest bipartisan proposal to defer when inflation is considered. Inflation where statutory language does not assign li- the shortfalls that would negatively erodes buying power over time, and it ability. Tribes should be willing to propose makes a stark difference in what serv- strictly limited statutory language that as- impact the SCHIP program in my state as well as several others. This addi- ices needy children and families re- signs certain modified federal liabilities, but ceive. The coalition reports that 35 pro- without going so far as to convince McCain tional time is needed to work on a and company that the settlement is there- more permanent solution to the chron- grams were cut by 10 percent or more, fore ‘‘partial.’’ ic shortfalls and other structural issues including essential programs like fam- Tribes also seem to despise the idea of an that should be addressed in the context ily violence, maternal and child health alteration in the trust relationship. But of SCHIP reauthorization next year. block grant, and Even Start, the early Elouise Cobell, lead plaintiff in the IIM case, I would be remiss if I did not extend education component of Head Start. suggests the same and then some every time my sincere gratitude to the Demo- Such cuts are harsh and, in my view, she declares the IIM trust should be taken cratic leader, Senator HARRY REID, and shortsighted. Investments in our chil- from Interior and placed in receivership. dren’s health care and education are This could never be done because no bank his staff, particularly Kate Leone, for could responsibly take on the liabilities, but their understanding, tenacity, and tire- downpayments for our future. if it were done it would profoundly alter the less effort in making this possible. I Housing programs, economic develop- trust relationship. So let’s alter it already, would also like to thank my colleague ment investments in water and sewer not through receivership but by partici- from Montana, Senate Finance Com- projects, and basic funding for local pating and directing. It really is too impor- mittee Ranking Member MAX BAUCUS, law enforcement, along with a host of tant to be left to lawyers and individuals. and his staff for all of their hard work other programs will be put on hold for Finally, tribes have objected to the idea in putting together a carefully crafted the next 9 weeks. I wish this were not that tribal claims should be included in any stopgap measure, and I look forward to the case, but sadly it is. settlement that approaches the $8 billion My hope for the new Congress and range. But the guessing here is that if tribes working with him on the equally chal- genuinely got behind a ‘‘whole’’ settlement lenging task of SCHIP reauthorization the new leadership is that we will get at some realistic cost, providing their own next year. the job done. I am proud to note that serious counterproposals with a minimum of In the waning hours of the 109th Con- the leaders for the 110th Congress, posturing, billions more might be found.∑ gress, we have taken a small but im- which begins on January 4, 2007, have

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11698 CONGRESSIONAL RECORD — SENATE December 8, 2006 already announced their commitment That program expired, on our watch, also be looking at Somalia and Afghan- to strike a new tone and to unite the 2 months ago. istan and the many other places interest of the American people. I will My colleague from Oregon and I have around the world where we face grave work with our leaders to get our work left no stone unturned to find money and growing threats. done for the families in West Virginia for an extension. Those efforts have The report doesn’t adequately put and across our country. been unsuccessful and we stand here, Iraq in the context of a broader na- f with our timber dependent counties, at tional security strategy. We need an the mercy of the Government. Iraq policy that is guided by our top FEDERAL DISASTERS IN OREGON Their plight is compounded by a sec- national security priority—defeating Mr. SMITH. I rise on the Senate floor ond Federally created disaster in Or- the terrorist network that attacked us today to lament a state of emergency egon’s commercial salmon fishing in- on 9/11 and its allies. Unless we set a in the rural parts of my State. The dustry, delivering a double blow to serious timetable for redeploying our emergency we face is related to natural many of the same counties. Commer- troops from Iraq, we will be unable to resources but different from those of cial salmon fishing remained this sea- effectively address these global drought and hurricane that the Senate son along more than 400 nautical miles, threats. In the end, this report is a re- has discussed and responded to. stretching from Florence, OR to Pigeon grettable example of ‘‘official Wash- The disasters in Oregon are not acts Point, CA. Estimates put the impact of ington’’ missing the point. The report of God but of an infinitely more fallible this closure to Oregon and California may have gotten a glowing reception entity—the Federal Government. Ad- fishing communities around $60 mil- at its DC premiere, but I don’t think it verse decisions on forest and fisheries lion. This year marked the first time in will get the same response once it goes management are imperiling entire history that there was no commercial on the road. Maybe there are still peo- communities and entire ways of life. salmon harvest in Curry and Coos ple in Washington who need a study I am not seeking, at this time, to re- counties in Oregon. Curry County also group to tell them that the policy in verse those management decisions. Al- stands to lose $6,591,993 or 62.3 percent Iraq isn’t working, but the American people are way ahead of this report. It though they deserve intense scrutiny. of its road and general discretionary has been just over a month since the What I am seeking is that this Govern- funds with the failure of Congress to American people told us clearly what ment recognize that its decisions have extend the Secure Rural Schools and they were thinking about Iraq. They a cost—one that is borne on the backs Community Self-Determination Act. recognize that we need a timetable to of those who can least afford It. These Mr. President, the clock is winding bring the troops out of Iraq. They know people and communities need relief as down on the 109th and soon Members of that a flexible timetable is needed to much as those burdened by other disas- Congress will leave town to return to preserve our military readiness, to pre- ters not of their creation. their districts or States. We will be vent more unnecessary and tragic Over a decade ago, the Federal Gov- leaving without extending this impor- American casualties in Iraq and to pro- ernment sought fit to bring tens of tant safety net for our rural counties tect our national security. They are thousands of loggers and mill workers and without completing action on the the ones we should be listening to—not to their knees by stopping timber har- annual appropriations bills to fund the vest on Federal lands in Oregon. It did the insiders, politicians and think- Government. I can only tell my coun- tankers who believe they have cornered so in the name of the spotted owl, a ties and Oregon’s fishermen that the the market on wisdom. threatened species under the Endan- fire will not die on these issues, it will Unfortunately, the focus of this com- gered Species Act. I should add that only grow more intense when the 110th mission, and the amount of attention after 15 years of negligible harvest on Congress convenes. being given to this single report, show these lands, the owl is still not recov- f just how myopic this administration ering and its habitat is being inciner- IRAQ and Members of Congress are. The ated in catastrophic wildfire. long-running debate here in Wash- Mr. FEINGOLD. Mr. President, this That timber war had more casualties ington about whether and when to re- past Wednesday, Washington felt a lit- than just jobs in the woods. County deploy our troops from Iraq always governments receive a share of timber tle like Hollywood. In fact, not many centers on the situation on the ground receipts from Federal land—25 percent blockbuster movies have gotten the there, and whether a drawdown of from the Forest Service and 50 percent kind of massive press and critical ac- troops will make it better or worse. from the BLM. For generations these claim that we saw yesterday for the re- Those are important considerations. funds have offset the inability to tax lease of the Iraq Study Group report. But even more important are the issues Federal property—which makes up the Official Washington rushed to embrace that are largely ignored—the fact that vast majority of most counties in my the report—understandably, since it re- our commitment of troops and re- State. flected the same flawed mindset that sources in Iraq is dangerously weak- When timber harvest evaporated, so led so many here to embrace the war in ening our national security and the op- did county budgets. In 1999, I came to Iraq 4 years ago. Unfortunately, that portunity cost of ignoring the growing this floor to describe to my colleagues same mindset is now what is keeping threats elsewhere in the world. what was happening in rural Oregon. too many here from fixing an Iraq pol- As the administration and Congress Schools went to 4-day weeks, dropped icy that many now agree is badly mull over the Iraq Study Group’s rec- sports and extracurricular activities, flawed. ommendations, it comes as no surprise and curtailed other programs. Commu- The administration still believes that that the group’s work includes what nities were forced to make heart- Iraq is the be-all and end-all of our na- the New York Times had called a ‘‘clas- breaking decisions over whether to cut tional security. So, too, does most of sic Washington compromise.’’ But we back social service programs or school Washington. Unfortunately, the Iraq need much more than a compromise to funding—or to sharply reduce sheriffs’ Study Group report does too little to fix our national security policy. We patrols and close jails or to cut out all change that flawed mind-set. I respect need a dramatic and immediate change extracurricular activities at their the serious efforts of the group to cor- of course in Iraq—a timeline to rede- schools. rect the administration’s misguided ploy our troops from Iraq so that we Fortunately, Congress created a safe- policies, and the report has some valu- can refocus on the terrorist networks ty net in the Secure Rural Schools and able ideas. But the very name, the that threaten the safety of the Amer- Community Self-Determination Act of ‘‘Iraq Study Group’’ says it all. We ican people. 2000. This provided funding to counties need recommendations on how to ad- The war in Iraq was, and remains, a based on historic rather than current dress Iraq, but those recommendations war of choice. The administration has timber harvest levels. And not just Or- must be guided by our top national se- tried to create a false choice, between egon counties. In the life of that legis- curity priority—defeating terrorist staying in Iraq with no end date in lation, California received California networks operating in dozens of coun- sight and ‘‘cutting and running.’’ They received $308 million; Idaho, $102 mil- tries around the world. We can’t just want us to believe that Iraq is the cen- lion; and Montana, $63.4 million. look at Iraq in isolation—we need to tral front in the war on terror, just as

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11699 they wanted us to believe their dress global threats, it ends up falling even quotes terrorists to bolster his ar- trumped-up reasons for going to war in back into the same Iraq-centric gument that Iraq is the central front in the first place. They want us to believe mindset that we need to change. For the war on terror. Just a few months that any option besides staying the example, the report says that ‘‘the ago, he told the country that Osama course is going to be detrimental to United States should provide addi- bin Laden has proclaimed that the our national security. That argument tional political, economic, and mili- ‘‘third world war is raging’’ in Iraq and is mistaken. tary support for Afghanistan, including that this is ‘‘a war of destiny between The real choice is this: continuing to resources that might become available infidelity and Islam.’’ devote so much of our resources to as combat forces are moved out of Instead of letting the terrorists de- Iraq, or devoting some of those re- Iraq.’’ But then it goes on to rec- cide where we will fight them, the sources to waging a global campaign ommend that ‘‘The most highly quali- President should remember what he against al-Qaida and its allies. We can- fied U.S. officers and military per- said on September 14, just 2 days after not do both. sonnel should be assigned to’’ teams 9/11. He said: The administration’s choice—to imbedded in Iraqi battalions and bri- [t]his conflict was begun on the timing and maintain a massive and seemingly in- gades. Those are the very people we terms of others. It will end in a way, and at definite U.S. presence in Iraq—is harm- need in places like Afghanistan and an hour, of our choosing. ful both to our efforts in Iraq, as well elsewhere we face significant threats to The President was right when he said as to our global efforts to defeat the our national security. It was the ad- that, and he is now wrong to suggest terrorists that attacked us on 9/11. ministration’s decision to move re- that we must stay in Iraq because that Our indefinite presence in Iraq is de- sources from Afghanistan to Iraq that is where the terrorists say they want stabilizing and potentially damaging contributed to the resurgence of the to fight us. al-Qaida and its allies are Iraqi efforts to rebuild their govern- Taliban there—we can’t afford to per- operating around the globe. We must ment and their country. That is not petuate that mistake. engage in a global campaign to defeat the fault of our brave troops—it’s the Elsewhere, the report recommends them, not focus all of our resources on fault of the policymakers here in that the DNI and Secretary of Defense one country. Washington, who don’t recognize that ‘‘should devote significantly greater The way to win a war against global our presence is generating instability analytic resources to the task of under- terrorist networks is not to keep over in Iraq, and that, unless we make it standing the threats and sources of vio- 140,000 American troops in Iraq indefi- clear that we intend to leave, and to lence in Iraq.’’ The problem is that the nitely. We will weaken, not strengthen, leave soon, our presence is more harm- report doesn’t consider the relative im- our national security by continuing to ful than it is helpful. portance of directing more intelligence pour a disproportionate level of our The Administration’s approach in resources to understanding Iraq as op- military and intelligence and fiscal re- Iraq is a diversion from the global fight posed to al-Qaida and its affiliates sources into Iraq. against terrorism. Iraq isn’t, and never around the world, Afghanistan, Soma- was, the central front in the war on lia and other critically important re- Unfortunately, the administration terrorism. Unfortunately, because of gions and concerns. So it came up with has yet to understand that the threats our disproportionate focus on Iraq, we a recommendation that doesn’t serve to our country are global, unlike any are not using enough of our military our overall national security interests. we have encountered in the past. Our and intelligence capabilities for defeat- Implementing this recommendation at enemy is not a state with clearly de- ing al-Qaida and other terrorist net- the expense of fighting terrorism and fined borders. We must respond instead works around the world. While we have dealing with other terrorist safe ha- to a loose network of terrorist organi- been distracted in Iraq, terrorist net- vens around the world will make us zations that do not function according works have developed new capabilities less safe. to a strict hierarchy. Our enemy isn’t and found new sources of support We need to return to the post-9/11 one organization. It is a series of high- throughout the world. We have seen mindset. In the days after 9/11, we all ly mobile, diffuse entities that operate terrorist attacks in India, Morocco, shared an anger at and a resolve to largely beyond the reach of our conven- Turkey, Afghanistan, Indonesia, Spain, fight back against those who attacked tional war-fighting techniques. The Great Britain, and elsewhere. us. This body was united and was sup- only way to defeat them is to adapt our The administration has also failed to portive of the Administration’s deci- strategy and our capabilities, and to adequately address the terrorist safe sion to attack al-Qaida and the Taliban engage the enemy on our terms and by haven that has existed for years in So- in Afghanistan. No one disputed that using our advantages. malia and the recent instability that decision. We have proven that we can’t do that has threatened to destabilize the re- That is because our top priority im- with our current approach in Iraq. gion. And resurgent Taliban and al- mediately following 9/11 was defeating By redeploying our troops from Iraq, Qaida forces are contributing to grow- the terrorists that attacked us. The we can pursue a new national security ing levels of instability in Afghanistan. American people expected us to devote strategy. We can finish the job in Af- Meanwhile, the U.S. presence in Iraq most of our national security resources ghanistan with increased resources, is being used as a recruiting tool for to that effort, and rightly so. But un- troops, and equipment. We can develop terrorist organizations from around fortunately, 5 years later, our efforts a new form of diplomacy, scrapping the the world. In Indonesia, home to his- to defeat al-Qaida and its supporters ‘‘transformational diplomacy’’ this ad- torically moderate Islamic commu- have gone badly astray. The adminis- ministration has used to offend, push nities, conservative religious groups tration took its eye off the ball. In- away, and ultimately alienate so many are becoming increasingly hostile to- stead of focusing on the pursuit of al- of our friends and allies, and replacing wards the U.S. In countries like Thai- Qaida in Afghanistan, it launched a di- it with an aggressive, multilateral ap- land, Nigeria, Mali, the Philippines, version into Iraq—a country that had proach that would leverage the and elsewhere, militant groups are no connection to the 9/11 plot or al- strength of our friends to defeat our using U.S. policies in Iraq to fuel ha- Qaida. In fact, the President’s decision common enemies. tred towards the West. to invade Iraq has emboldened the ter- And we can repair and infuse new ca- This administration’s choices have rorists and has played into their hands, pabilities and strength into our armed been devastating to our national secu- by allowing them to falsely suggest forces. By freeing up our Special rity. Unfortunately, the Iraq Study that our fight against terrorism is Forces assets and redeploying our mili- Group’s report doesn’t do enough to anti-Muslim and anti-Arab, when noth- tary power from Iraq, we will be better put Iraq into a global context. It ing could be further from the truth. positioned to handle global threats and doesn’t recognize the extent to which But instead of recognizing that our future contingencies. Our current state our disproportionate efforts in Iraq are current policy in Iraq is damaging our of readiness is unacceptable and must damaging our national security. And, national security, the President con- be repaired. Our National Guard, too, even where the report suggests the toll tinues to argue that the best way to must be capable of responding to nat- that Iraq is taking on our ability to ad- fight terrorists is to stay in Iraq. He ural disasters and future contingencies.

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11700 CONGRESSIONAL RECORD — SENATE December 8, 2006 This new national security strategy cameral and bipartisan support for this Fisheries Management Council. We in- will make our country safer. It will en- important piece of conservation legis- tend that this process go forward and able our government to fully address lation. that adherence to the new standards the wide range of threats our country The key to the success of the Magnu- not delay development of the plan faces. It will free up strategic capacity son-Stevens Act has always been its re- called for in the bill. to deal with Iran, North Korea, and the gional approach to management. Keep- In order to assist fishermen in help- Middle East, and to provide real leader- ing with that regional approach, this ing to reduce bycatch and seabird ship internationally against other en- bill strengthens the accountability of interactions, H.R. 5946 establishes a re- emies that we all face, like poverty, the Regional Fishery Management gionally based Bycatch Reduction En- HIV/AIDS, and corruption. Councils by requiring training of new gineering Program to develop tech- In sum, it will help return the United members to prepare them to comply nologies and methods to improve the States to a place of preeminence in the with legal, scientific, economic, and ability of fishery participants to reduce world and will give us the opportunity conflict of interest requirements appli- bycatch and associated mortality, in- to address the very real threats we face cable to the fishery management proc- cluding post-release mortality. The in the 21st century. While the Iraq ess. provision includes an outreach man- Study Group has generated some good Our bill also aims to improve con- date to encourage the adoption of new ideas and choices, it doesn’t put Iraq in servation performance in our fisheries technologies and also encourages the the context of a broader national secu- by requiring all Councils to establish adoption of bycatch reduction incen- rity strategy. annual catch limits in each federal tives in fishery management plans, We face an unprecedented threat to fishery management plan. The role such as bycatch quotas. Finally, it en- our national security, and we must re- science plays in this decisionmaking courages the National Oceanic and At- spond with much more than a classic process will be strengthened by this mospheric Administration to continue Washington compromise. We need to bill as well, since requirements will coordinating with the U.S. Fish and refocus on fighting and defeating the now be in place for each council to ad- Wildlife Service and other entities to terrorist network that attacked this here to the recommendations provided reduce or mitigate seabird interactions country on September 11, 2001, and that by their Science and Statistical Com- in fisheries, a process that has had means realizing that the war in Iraq is mittee, SSC, or other peer review proc- much success in the Western and North not the way to defeat al-Qaida and its ess to prevent overfishing and achieve Pacific. global affiliates. It never was and it rebuilding targets. In recognition of This comprehensive package not only never will be. That global fight can’t be the SSC’s increased role, we have addresses conservation and manage- won if we let Iraq continue to dominate strengthened the conflict of interest ment within our Nation’s waters but our security strategy and drain vital disclosure requirements to which each equally as important, strengthens con- security resources for an unlimited SSC member must comply. trols on illegal, unreported, and un- amount of time. The President’s Iraq- The bill also requires limited access regulated IUU fishing in the high seas. centric policies are preventing us from privilege programs, such as individual IUU fishing, as well as expanding fleets effectively engaging serious threats fishing quota systems, established in and high bycatch levels, are threats to around the world. We must change the future not only to contribute to a sustainable fisheries worldwide. The course in Iraq, and we must change reduction of capacity in overcapital- bill includes provisions to strengthen course now. ized fisheries and improve fishermen’s the ability of international fishery This isn’t a choice, it’s a necessity. safety by ending the race for the fish management organizations and the f but also to consider social and eco- United States to ensure appropriate en- nomic benefits to coastal communities. forcement and compliance with con- MAGNUSON-STEVENS FISHERY Senator STEVENS’ and my intent was to servation and management measures in CONSERVATION AND MANAGE- sustain thriving fishing communities high seas fisheries. The international MENT REAUTHORIZATION ACT and promote access to the fisheries by component of this bill ensures other Mr. INOUYE. Mr. President, I rise to residents of our coastal communities in nations provide comparable protec- recognize final passage of the Magnu- order to foster the independent, coastal tions to populations of living marine son-Stevens Fishery Conservation and community-based character of our Na- resources at risk from high seas fishing Management Reauthorization Act of tion’s fisheries. To achieve this aim, activities. These provisions help the 2006 by both the Senate and the House the bill sets forth a strong list of U.S. fishing industry by both sus- this week, clearing the bill for Presi- standards to ensure that any such pro- taining shared resources and leveling dential approval. I am proud to have. gram take into account the social and the playing field in terms of regulation developed this bill with my friend and economic implications of the program. and responsibility. colleague, Senator TED STEVENS. In addition, it authorizes the creation I am particularly pleased that the The Magnuson-Stevens Fishery Con- of voluntary regional fishery associa- bill includes provisions crucial to the servation and Management Act is the tions for the mutual benefit of fishery long-term sustainability of tuna and primary Federal statute governing how participants, including provisions to other high seas stocks so important to we manage our Nation’s fisheries and, ensure we maintain free and open mar- Hawaii and the Pacific Islands, as well as such, plays a vital role in our Na- kets for fishermen to sell their catch. as a program to help increase marine tion’s ability to achieve its over- The bill also requires a periodic re- education and technical skills in the arching ocean policy goal. This bill review of each program’s compliance region. These provisions will not only authorizes the Magnuson-Stevens Act with the goals of their program. Indi- help us work with other countries to from fiscal year 2007 through fiscal vidual permits will be renewed auto- conserve our shared marine resources year 2013 and takes steps to improve matically every 10 years, unless the but also reduce unfair conservation the act both by making it more effec- permit holder fails to meet the require- burdens on U.S. high seas fleets. The tive and responsive to the needs of our ments specified in the program as mer- bill also contains long-awaited legisla- fishing communities here at home and iting modification, limitation, or rev- tion to implement the Western and by taking important steps toward ex- ocation. The bill also contains Central Pacific Fisheries Convention, a porting our successful management ap- grandfathering and transition rules to critical step in ending overfishing of proaches internationally. address the application of these new bigeye and other tuna species in the After the Senate passed the bill ear- standards to existing and developing Pacific. I am pleased that representa- lier this year, Senator STEVENS and I programs. I want to make clear that tives of both the Western Pacific Coun- worked with the House on a bipartisan final Senate changes in these provi- cil and the Pacific Council will be com- basis in order to reach consensus on a sions were not intended to adversely missioners and that the territories will final version of the bill. I am pleased affect or delay ongoing development of be provided representation in this im- that these discussions have resulted in a proposal for a rationalization pro- portant organization. further improvements and additions to gram for the Pacific trawl groundfish In addition, the bill contains provi- the bill that have motivated strong bi- and whiting fisheries by the Pacific sions that promote marine education,

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11701 training, and assistance opportunities Whereas Grenville Garside joined the staff expertise spans the subchapters of food for Western Pacific communities and of the Committee on Interior and Insular Af- and drug law to the nuances of trade underrepresented groups. This training fairs of the Senate in 1972 and became its treaties. He is a man who really knows is critically important for commu- staff director in 1975; his Zantac. He works equally well in- Whereas Grenville Garside became the first nities that are so dependent upon the staff director of the Committee on Energy side the bureaucracy, outside the bu- health and sustainability of our ocean and Natural Resources of the Senate in 1977; reaucracy, and around the bureauc- resources. Whereas Grenville Garside faithfully racy. He has advised me on the Finally, the bill contains the text of served Senator Jackson, the Committee on esoterics of the totipotent oocyte, the the Tsunami Warning and Education Interior and Insular Affairs, the Committee best escape route from the Hart in Act, another bill that Senator STEVENS on Energy and Natural Resources, and the times of emergency, and which dishes and I developed early last year and Senate for 10 years; were best at the Dirksen buffet. Never then negotiated with the House Whereas Grenville Garside was renowned was there a better proofreader of inter- Science Committee. This legislation, for his knowledge of energy and natural resources law, his integrity, and his good judg- national law. so critical to the Pacific region, will go ment; I have valued his work, both as a far to strengthen and expand the exist- Whereas, Grenville Garside served as vice trusted aide in whom I have total and ing tsunami warning and detection sys- president of the Henry M. Jackson Founda- absolute confidence, but also as a fam- tem, and I am grateful, on behalf of the tion, a nonprofit public policy foundation ily member, who has been with me people of Hawaii, for all the support dedicated to continuing the unfinished work through thick and thin. the bill has gained in Congress. of the late Senator Henry M. Jackson and So it is with great sadness that I rise Mr. President, I look forward to perpetuating the legacy of Senator Jackson to express my heartfelt thanks, appre- working with the administration on for the benefit of future generations; and ciation and best wishes to Bruce and Whereas Grenville Garside passed away on his family as he retires from 25 years of implementation of the many important September 22, 2006: Now, therefore, be it provisions of this bill, and I thank my Resolved, That the Committee Federal service and assumes a wonder- friend, Senator STEVENS, as well as (1) learned with profound sorrow and deep ful opportunity in the private sector. committee colleagues, particularly regret of the death of Grenville Garside; Bruce has exemplified the best of Senators CANTWELL, SNOWE, BOXER, (2) remembers with gratitude his service to Capitol Hill staffers. He is known and LOTT, AND LAUTENBERG, for working so the Committee, the Senate and the United loved by all—from the cafeteria work- hard toward enactment. states; and ers to the chairmen of the major com- (3) expresses its deep and heartfelt condo- mittees. All recognize what we have f lences to his family on their loss. come to appreciate about Bruce—his Pete V. Domenici, Chairman; Jeff Binga- HONORING THE LIFE OF affable manner, his keen intellect, GRENVILLE GARSIDE man, Ranking Democratic Member; Larry E. Craig, Daniel K. Akaka, Craig quick wit, and his readiness to help Mr. DOMENICI. Mr. President, on be- Thomas, Byron L. Dorgan, Lamar any and all. half of myself and Senator BINGAMAN, I Alexander, Ron Wyden, Lisa Mur- Bruce is truly one of a kind. His de- come to the floor today to inform the kowski, Tim Johnson, Richard Burr, parture from my office has certainly Senate that the Committee on Energy Mary L. Landrieu, Mel Martinez, left a void that will be very difficult to and Natural Resources has recently Dianne Feinstein, James M. Talent, fill. passed a resolution honoring the life Maria Cantwell, Conrad Burns, Ken Bruce, his loving wife, Brenda, and Salazar, George Allen, Robert Menen- his precious 12-year-old son Jon, have and service of Grenville Garside. I have dez, Gordon Smith, Jim Bunning. here a resolution signed by all 22 mem- been a part of the extended HATCH fam- f bers of the committee. ily for many years. In fact, Jon has had Mr. Garside served as the very first FAREWELL TO BRUCE ARTIM such a frequent presence in our office that I think we have even put him to staff director of this committee when ∑ Mr. HATCH. Mr. President, as this work more than once. it was first established in 1977 under session draws to a close, I would be re- Senator Henry ‘‘Scoop’’ Jackson of Another frequent guest to our office miss if I did not take a moment, or per- was Bruce’s wonderful mother Irma, Washington. Gren was well respected haps more than a moment, to share on both sides of the aisle and was re- who turned 80 years old this May. with my colleagues my deep apprecia- Bruce father’s Ed, a World War II com- nowned for his knowledge of energy tion to a staffer who has recently left and natural resources law. bat veteran, passed away many years the Senate and Federal service. I speak ago and I will always regret that I The committee enjoyed the able lead- of Bruce Artim. ership of Mr. Garside in those early never had the chance to meet him. Bruce came to us over a decade ago, I remember so well the time Bruce years as its jurisdiction and influence first as a legislative fellow, then mov- began to take shape. Gren was known told me one of the most important ing through the ranks of the Senate as things that his father taught him was for his integrity, good judgment, and a detailee, and finally as the top Judi- affable nature. to always try to make time to give ca- ciary Committee staffer. reer counseling and opportunities to So, it is fitting that we take a mo- What a long, strange trip it has been. ment to honor this man, whose profes- the talented individuals you meet at Bruce’s work has spanned stem cells work, particularly the young people. sional career was so intertwined with to trade treaties to the criminal code. this revered institution. It is right that I agree with this advice whole- In fact, I can’t think of an issue that heartedly because as I look at my 30- we place this resolution in the RECORD. Bruce has not worked on—nuclear year career in the Senate, one of the We are grateful for his many years of waste with the Department of Home- service. Each member of this com- aspects I most cherish is the successes land Security to international AIDS that so many of my friends and con- mittee expresses their deepest sym- with Bono—although it is an open se- pathy to Gren’s family and multitude stituents in Utah and former staffers cret Bruce much prefers the Stones—to and other associates have accom- of friends. juvenile diabetes with Mary Tyler Mr. President, I ask unanimous con- plished in part because of the help that Moore. sent that a copy of this resolution be our office has provided. At times, Bruce has provided legisla- Bruce is one of the brightest, hard- printed in the RECORD. tive drafting services to the Utah legis- There being no objection, the mate- working, and loyal staffers who have lature and medical advice to Members rial was ordered to be printed in the ever served on my staff. of Congress. He has plotted strategy to And there is one unique and endear- RECORD, as follows: enact the Child Health Insurance Pro- ing quality about him—he always put UNITED STATES SENATE gram, flipped charts at Labor Com- his family first. His love for his family COMMITTEE ON ENERGY AND NATURAL RE- mittee hearings, and written floor SOURCES HONORING THE LIFE AND SERVICE OF is inspiring. Even though he worked GRENVILLE GARSIDE statements so long the podium sagged. endless hours for me, he always made Whereas Grenville Garside was legislative Bruce is equally competent and it a priority to attend his son’s base- counsel to the late Senator Henry M. Jack- equally happy explaining the complex- ball games and swimming meets. son of the State of Washington from 1969 to ities of molecular biology or the intri- After completing his undergraduate 1972; cacies of intelligence law. His range of education, Bruce started his career in

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11702 CONGRESSIONAL RECORD — SENATE December 8, 2006 government as a member of the Volun- perts: Lauren Ewers, who was a key gration, intellectual property, anti- teers in Service to America—as a player in the Kassebaum-Kennedy trust, and constitutional law. During VISTA Volunteer. Stationed in Colum- Health Insurance Portability and Ac- his tenure as chief counsel, Bruce bus, IN, Bruce helped organize six local countability Act, better known as the helped devise and implement a success- housing authorities and helped train HIPAA law, David Nexon, a leading ful strategy that resulted in the pas- them to operate housing rehabilitation Congressional staff authority of health sage of the Justice for All Act, a key and community development programs issues who was the nemesis to many a legislative priority for me, Senator to benefit low-income families. Republican Member and staffer alike LEAHY, Chairman SENSENBRENNER, and After returning to school and grad- on a plethora of issues, and, last, but Representatives CONYERS and WILLIAM uating from law school in 1983, Bruce certainly not least, Nick Littlefield, a DELAHUNT. This law helps ensure that joined the Office of Management and visionary and inspirational leader and DNA technology will help bring to jus- Budget where he was assigned to re- master legislative tactician. It is my tice those who have eluded arrest and view the regulatory and legislative pro- firm hope now that Nick and David are trial in serious crimes such as rape grams of the Food and Drug Adminis- both in the private sector that they see and, just as importantly, helps set free tration. In 1986, Bruce moved to the the error of Senator KENNEDY’s liberal those wrongfully convicted and incar- Department of Health and Human ways and allow their inner-conserv- cerated. Services as the executive assistant to ative selves to come out. I feel compelled to add that this suc- the Assistant Secretary for Health, Dr. One of the things that make this in- cess was achieved despite the fact that Robert Windom. In 1989, Bruce became stitution a great place is the ability to during a particularly sensitive time in the assistant director for policy at the battle one another politically but to do the often-contentious negotiations, National AIDS Program Office of the so always with respect and, as often as Bruce did not at first completely com- U.S. Public Health Service. possible, with good humor. One thing ply with my direct order to refrain Bruce first joined my office as a leg- you can say about Bruce is that he from speaking to anyone from the De- islative fellow assigned to the Senate made us laugh, sometimes not even in- partment of Justice, specifically in- Labor Committee, on which I served as tentionally. cluding a certain sometimes con- ranking Republican member. It was I will never forget the time when I founding official we all knew well. during this time that Bruce was my was testifying before the HELP Com- I am very proud that, with Bruce’s lead counsel on the original Prescrip- mittee on the children’s health bill. I help, during my last 2 years as Judici- tion Drug User Fee legislation, which noticed that Senator KENNEDY’s staff ary Committee Chairman, we were able will again be up for reauthorization had made far better charts than my to work to have the Senate confirm 104 next year. own crack staff could muster. I ordered Federal judges. Between late 1992 and mid-1995, Bruce Bruce to borrow Senator KENNEDY’s I am also proud that when a few Re- served as the Assistant Director for posters for me to use and was prepared publican staffers acted overzealously Policy at the National Institutes of to enjoy my friend from Massachu- and improperly with regard to con- Health’s, NIH, Office of Technology setts’ surprise and dismay when he dis- fidential committee member files con- Transfer. During that time, he played a covered the temporary heist. But the cerning judicial nominations, my staff key role in formulating NIH policy on situation got even better when Bruce including Bruce, Reed O’Connor now gene patenting, sponsored research thoroughly distracted Senator KEN- Senator CORNYN’s chief counsel, and agreements, and pricing clauses in Fed- NEDY’s opening statement by dropping Grace Becker—now a Deputy Assistant eral Licenses and research agreements. When Bruce returned to my staff in the posters on the floor after getting Attorney General at DOJ, helped me 1995 on loan from the NIH, I was chair- into a verbal altercation with none and the committee set the matter back man of the Judiciary Committee. I as- other than that great shrinking violent on the right course. Regardless of signed him to a wide range of high-pri- of the press corps, Adam Clymer of the whether it is ultimately determined ority, complex and sometimes conten- New York Times. that any laws were or were not vio- tious issues. For example, Bruce be- Apparently, Mr. Clymer was dis- lated, in this case the conduct of ac- came an expert in the manner in which mayed that the charts were blocking cessing another’s computer files was the historic 1995 General Agreement on his and other reporters’ view and de- simply wrong and unacceptable. With Trade and Tariffs—the GATT Treaty— manded that the offending charts be the advice and counsel of staffers like intersected with FDA regulatory removed. Bruce explained that he was Bruce Artim and Bruce Cohen, Senator quirements and U.S. and international just doing his job. To which Mr. LEAHY’s Democratic Chief Counsel and intellectual property laws, including Clymer responded in his normal diplo- others, I think the Judiciary Com- the special rules related to pharma- matic style: But do you have to be so mittee faced up to a serious breach of ceutical patents. bad at it? comity and concluded, despite those In 1997, my friend from Massachu- Suffice it to say that years later who might erroneously think that any- setts, Senator KENNEDY and I decided when Vice President CHENEY made that thing goes in political combat, any- to collaborate together on legislation now famous comparison between Mr. thing does not, and should not, go in that would increase health insurance Clymer and an unflattering part of the the Senate, especially not on the Sen- coverage to children of low-income anatomy, some of us thought back to ate Judiciary Committee. families to be financed by increased to- his discourse with Bruce. I do not shy away from political bat- bacco taxes. At the beginning of the ef- Although from time to time Bruce tles. fort to enact what would become the could drive me out of my gourd, it did I do not like to lose political battles. very popular and very successful CHIP not stop me from giving him chal- But when I fight a political battle, I program that provides millions of chil- lenging assignments. Once he wrote a fight straight up. dren with health insurance, there was a history of how the Food Drug and Cos- Part of what makes our country so bipartisan team of six staffers. metic Act treated exports of products great and so strong is that for over 200 Representing me were Bruce, my for me to deliver at a major conference years we have agreed to disagree longstanding, loyal, and very talented we were to attend in Salt Lake. As it agreeably. Bruce understood that fight- aide and current chief of staff, Trish was time to depart for the airport, ing fairly and ethically with our adver- Knight, and Rob Foreman, who went on Bruce looked up and said, ‘‘But I am saries in the Senate today helps ensure to run the legislative office of the Cen- only up to 1938!’’ But he got it done. that this body will remain strong and ters for Medicare and Medicaid Serv- In 2003, I promoted Bruce to be my respectful tomorrow. ices during the busy and challenging right-hand man by naming him as the In the current 109th Congress, Bruce time period when the Medicare Mod- Judiciary Committee’s chief counsel served as the chief counsel and staff di- ernization Act and the new prescrip- and staff director, where he advised me rector of the Intellectual Property tion drug benefit was being written and and other committee members on mat- Subcommittee but still made time to implemented. ters pertaining to executive branch and advise me on a wide range of matters, Senator KENNEDY was also rep- judicial nominations, criminal and including the confirmations of the resented by a team of energetic ex- civil justice, counterterrorism, immi- Chief Justice of the United States,

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11703 John Roberts, and Associate Justice of numerous provisions whose implemen- gress whose tireless efforts produced the Supreme Court, Samuel Alito; re- tations are vital, and would provide this bill.∑ authorization of the USA PATRIOT specific goals and measurement stand- Mr. LEAHY. Mr. President, I support Act; the Bankruptcy Reform bill; and ards to evaluate the effectiveness of reauthorization ONDCP and passage of the Class Action Reform legislation. our national drug control policy. the Office of National Drug Control I frequently called upon Bruce to I want to highlight a specific provi- Policy Reauthorization Act of 2006. counsel me on difficult matters involv- sion of this bill that, when enacted, This bill recognizes and strengthens ing ethics. In recent years, stem cell will benefit thousands of Americans the Office of National Drug Control research has required a careful study of who are struggling with addiction to Policy as the lead agency in the fight complex issues relating to ethics, law, drugs. As our country seeks to develop against illegal drug use. It also in- science, economics, intellectual prop- better treatments for drug abuse, cludes important modifications and erty, politics and religion. countless Americans continue to fall clarifications that will improve the Bruce Artim accompanied me every prey to illicit drugs. As their lives are lives of all Americans by reducing the step in my journey to understand and torn apart by these addictions, many presence of drugs in our society. I am formulate policy on stem cell research. find the strength to call out to doctors very pleased that five of my rec- He worked closely with key Senate for help. Unfortunately, some of these ommendations to improve the bill are staffers, such as David Bowen of Sen- calls for help go unanswered due to included in this legislation. ator KENNEDY’s staff, and Sudip Parikh limitations placed on physicians with I commend Senator BIDEN, who has of Senator SPECTER’s staff. regard to their treatment options. He helped me and other Senators and In 2000, I worked with Senators LEVIN long been a leader in the fight against House members draft the critical and BIDEN to pass the Drug Addiction illegal drugs, and Chairman SPECTER, pieces of legislation that are at the and Treatment Act. This ground- the lead sponsor of this legislation. The center of national debate. breaking legislation allowed certified authorization for ONDCP expired 3 I could list so many laws to which physicians to prescribe appropriate years ago, and it is long passed time Bruce contributed—the cord blood medication to patients suffering from for Congress to act. Illegal drug abuse, bank law, modifications to FDA export drug addiction. Under this law, physi- drug addiction, and drug-related vio- law we enacted not once, but twice, cians are prescribing the drug lence continue to exact an enormous Federal Tort Claims Act coverage for buprenorphine to patients fighting toll on our society. Nationwide, drug Community Health Center workers, the their addiction to heroin and other opi- abuse kills 52,000 Americans each year, bioterrorism legislation, and of course, ates. The results have been tremen- and more than 20,000 Americans will patent law and especially drug patent dous, and countless lives have been die as a direct consequence of illegal law. saved by breaking the addiction cycle. drug use this year alone. Drug abuse As Bruce leaves, there are many However, current law caps the num- costs our society nearly $116 billion an- voids we struggle to fill. There is so ber of patients a qualified physician nually. It has strained the capacity of much we will miss about Bruce. He was can treat with this medication at 30. our criminal justice system and our undoubtedly the most accomplished Unfortunately, many doctors are at medical facilities and brought violence Hill expert on the Drug Price Competi- their cap and are forced to turn pa- and tragedy to families, schools, and tion and Patent Term Expiration Act, tients away due to this artificial limi- communities throughout the country. better known as Waxman-Hatch or tation. This bipartisan legislation will reau- Hatch-Waxman. I have spoken with numerous doctors thorize ONDCP for 5 years and provide We will miss his pink bicycle down in who have relayed amazing stories of ONDCP with the necessary tools and the Hart garage, the many jokes left on patients turning their lives around by resources to develop a national drug the cutting room floor, and a never- using this medication and partici- control policy and coordinate and over- ending supply of neckties which sup- pating in treatment. These patients see the implementation of that policy. plied so many Hill gentlemen in a time have gone on to return to the work- This legislation includes a number of of need. force and continue their lives as pro- I have always appreciated Bruce’s reforms that provide clarification con- ductive citizens, free of the scourge of wise counsel, his deep commitment to cerning the most significant objectives drug abuse. the Senate and his ability to make ev- and duties of ONDCP. It allows Con- This bipartisan provision included in gress to be vigilant in our oversight by eryone laugh even during extremely this bill would expand the number of tense legislative negotiations. He made requiring the President to submit to patients whom qualified doctors are al- Congress a yearly national drug con- a tremendous contribution to the Sen- lowed to treat. Passage of this legisla- ate, and I know that he will do the trol strategy, expanding ONDCP’s re- tion will provide immediate assistance porting requirements to Congress on same for his new employer, Eli Lilly to countless Americans who are fight- and Company. numerous areas of ONDCP responsi- ing for their lives. bility; requiring ONDCP to give a full Mr. President, Bruce will be missed. It is clear this cap needs to be raised. accounting of the budget; and requiring He was not only a congressional staff- To make an analogy, a doctor would ONDCP to develop a new performance er, he was a true friend. So as the 109th not turn away a broken arm because he measurement system that includes 2- Congress draws to a close, I hope my or she had already fixed 30 arms that year and 5-year targets for each of the colleagues will join me in expressing month! The doctor would not stand for strategy’s objectives. appreciation to Bruce Artim for his it, and neither would society. The same loyalty and his significant contribu- should be true for physicians treating In addition, this legislation improves tions he has made to the Senate over drug addiction. Given that the destruc- essential information sharing by re- his record 11 years; a record Bruce tive effects of drug addiction are so quiring that various Government agen- would be pleased to note now exceeds much greater than a broken arm, we cies, including the Attorney General, that of Doug Guerdat. should strive to ensure that the heal- the Department of Homeland Security, I hope my colleagues will join me in and the Departments of Agriculture saluting Bruce’s 25 years as a public ing hands of doctors are not bound by unintended mandates. Doctors should and Defense, submit to ONDCP and servant and wishing him all of the best Congress reports relating to their agen- in the future.∑ be allowed and encouraged to help as many as possible, and this legislation cies’ drug control efforts. f allows them to treat many drug ad- I want to take a moment and address OFFICE OF NATIONAL DRUG CON- dicts that are otherwise being turned several specific provisions. First, as a TROL POLICY REAUTHORIZATION away. This provision will immediately strong supporter of the National ACT OF 2006 help countless Americans get the treat- Guard, I am pleased that this legisla- ∑ Mr. HATCH. I rise today to congratu- ment they seek and so desperately tion authorizes $30 million a year for late my Senate colleagues on the pas- need. the Chief of the National Guard to es- sage of a tremendously important piece I highlight this provision as a sample tablish five National Guard of legislation, the Office of National of the meaningful substance in this Counterdrug Schools to train personnel Drug Control Policy Reauthorization measure, and I applaud the efforts of from Federal agencies, State, and local Act of 2006, H.R. 6344. This act contains lawmakers in both Chambers of Con- law enforcement agencies, community-

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11704 CONGRESSIONAL RECORD — SENATE December 8, 2006 based organizations, and other groups mycoherbicides, I am pleased that the vey of the Substance Abuse and Mental in drug interdiction and demand reduc- bill includes my recommendation to Health Services Administration. tion activities. prohibit testing in any foreign coun- The Drug Addiction Treatment Act I am pleased that this legislation will tries. I believe this provision will pre- of 2000, DATA, which I authored along require greater diligence on meth- vent souring diplomatic relations be- with Senators HATCH and BIDEN, makes amphetamine. The bill calls for the tween the United States and countries a dramatic change in the way America creation of a National Methamphet- around the world. fights heroin addiction. DATA permits, amine Information Clearinghouse, an I am disappointed that my rec- for the first time, FDA approved drug idea which I have long supported, in- ommendations to remedy a few weak- treatment medications to be prescribed cluding cosponsoring legislation to set nesses in the bill were not adopted. and dispensed in an office-based setting up the clearinghouse. This toll-free Among other issues, I am concerned by under strict conditions by specially number and Web-based source of infor- provisions that prohibit the expendi- trained physicians. The medication in mation will promote sharing of ‘‘best ture of more than 5 percent of the Fed- question is called buprenorphine—bup. practices’’ regarding law enforcement, eral funds appropriated for High Inten- It blocks the craving for heroin. This prevention, treatment, environmental, sity Drug Trafficking Area Programs new law essentially brings the treat- social services, and other programs re- for drug prevention programs and that ment of opiate dependence into the lated to combating the scourge of prohibit the use of any Federal HIDTA mainstream of medicine. It allows both methamphetamine. funds to establish new or expand exist- primary care and addiction specialists I am pleased that this legislation em- ing drug treatment programs. The to treat patients who want to get rid of braces a comprehensive policy that re- State, local, and Federal law enforce- their addiction, but are unable to be- duces the demand, as well as supply, of ment officials in the HIDTA Program cause of distance or their unwillingness drugs. It reduces the demand for drugs should have the discretion to use the to seek medical treatment at central- by ensuring that programs to expand programs that work best in their areas. ized methadone clinics, where their ap- access to drug treatment are ade- I am also troubled that the Bush ad- pearance amounts to an announcement quately supported in the Federal drug ministration and the Republican Con- of their addiction. control budget and by providing great- gress have not sufficiently addressed This new law has brought tens of er uniformity and accountability in as- the international drug trade, particu- thousands of patients into treatment, sessing ONDCP’s effectiveness in drug larly the rising instability in opium who would never have sought treat- treatment programs. On the supply production in Afghanistan. Three ment in methadone programs. Now in side, the bill takes steps to disrupt months ago, the United Nations re- its fourth year, DATA has proved high- markets at home and abroad. It released a report concluding that opium ly beneficial. The success of DATA in quires ONDCP to develop comprehen- cultivation is surging in the southern extending treatment has resulted in sive strategies to address the severe region of Afghanistan and warned that waiting lists for treatment with physi- threats posed by South American her- the southern region was verging on col- cians who have signed up to treat ad- oine and drug smuggling across the lapse. Just this past weekend, the dicts. Those physicians are currently southwest border. Washington Post also reported that limited to 30 patients. This legislation also includes a good opium production in Afghanistan The great success of buprenorphine provision by Senators LEVIN and HATCH reached a historic high in 2006, despite has been borne out by firsthand ac- that amends the Controlled Substances ongoing eradication efforts. These re- counts by physicians and addiction ex- Act to raise the number of opioid ad- ports are particularly troubling consid- perts from across the country, as well dicted patients a physician may accept ering that this administration has in- as the director of the National Insti- from 30 to 100. In the last 5 years, the creasingly described the drug trade as tute on Drug Abuse, Dr. Nora Volkow number of heroin-related arrests and a problem that rivals the Taliban and and the director of the Center for Sub- the number of people seeking treat- threatens to derail the stability and re- stance Abuse Treatment, Dr. H. ment for heroin use in Vermont has construction of Afghanistan. Westley Clark, who participated in an more than doubled. This provision will While I applaud this bill’s inclusion August 3, 2006 Senate Symposium on expand treatment options for thou- of a provision that requires the ONDCP DATA, which I sponsored along with sands of patients who have been denied to submit to Congress a comprehensive Senator ORRIN HATCH. access to critical addiction treatments strategy that addresses the increased The legislation before us, S. 2560, in Vermont and across the country. threat from Afghan heroin, I fear that which reauthorizes the Office of Na- I am also pleased that the bill in- this provision may not go far enough. tional Drug Control Policy, includes an cludes several of my recommended im- Afghanistan provides more than 90 per- important amendment to DATA that provements. I continue to support the cent of the world’s heroin. Without will more than triple the number of pa- National Youth Anti-Drug Media Cam- seeking accountability from the Presi- tients specially trained physicians may paign, but I want to make sure that the dent, the State Department, and the treat in their private offices. The campaign is run in a way that uses Attorney General on the rise of Afghan across-the-board 30-patient limitation funds efficiently and gets out its anti- heroin, we cannot sufficiently dis- has resulted in denials of treatment drug message effectively. I therefore charge our duty to address the inter- and even deaths of patients who were recommended inclusion of comprehen- national supply of heroin. not able to enter treatment because a sive standards for evaluating what type Nevertheless, I am confident that physician had reached the 30-patient of media campaigns and information this legislation will strengthen limit. For many such persons, their are effective, as well as a prohibition ONDCP, its component programs, and hope of treatment is dashed while they on the expenditure of antidrug media our national comprehensive antidrug wait on a physician’s waiting list. campaign funds for political purposes. effort. This legislation balances the In an effort to remedy this, the Sen- The campaign will be better for these goals of drug enforcement and preven- ate Judiciary Committee’s modifica- changes, as well as the legislation’s ad- tion, while providing Congress with ad- tion of DATA in section 1102 of S. 2560 ditional step of creating an inde- ditional oversight tools. I support its addresses this problem by permitting pendent agency to conduct annual passage. physicians who have been certified to evaluations of effectiveness. The bill Mr. LEVIN. Mr. President, according utilize buprenorphine in their office- also adopted my recommendation to to the Office of National Drug Control based practice for at least one year, to eliminate two unnecessary provisions Policy, approximately 1 million people notify the HHS Secretary of their in- which could also hinder international in the United States are addicted to tention to begin treating additional pa- diplomacy and drug control efforts. heroin; more than 3 million individuals tients, in accordance with section 1102. I continue to have concerns about over the age of 12 have used heroin at The bill with our amendment raises the safety and predictability of least once; and an estimated 4.7 million the number of patients who may be mycoherbicides against drug crops. people are dependent on or abusing treated by an individual physician While this bill only calls for a sci- other opiate drugs, including prescrip- from 30 patients to 100 patients. This entific study on the use of tion painkillers according to a 2005 sur- change—increasing the patient limit

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11705 from 30 to 100 per physician—is sup- proval of buprenorphine for the treat- Charles O’Brien, M.D., Ph.D.—University ported by the medical community at ment of heroin addiction in 2002. Of of Pennsylvania/VA Medical Center, Psychi- large as well as the addiction spe- particular note are Dr. Charles atry. ciality associations, including: The Schuster of Wayne State University, a Terry Horton, M.D.—Phoenix House Treat- ment Program, Medical Director Phoenix American Medical Association, the past Director of NIDA who has con- House Foundation. American Osteopathic Association, The ducted clinical trials with Karen Sees, DO—Fellow, American Osteo- American Psychiatric Association, The buprenorphine and who has been a pathic Academy of Addiction Medicine, Co- American Psychological Association, great resource and guide on this issue director, first AOAAM sponsored training-of- The American Academy of Addiction from the very beginning and his advice the-trainers for Office Based Opioid Treat- Medicine, The American Society of Ad- and expertise continues today; and Dr. ment trainers. diction Medicine, The Association of Herbert Kleeber, Professor of Psychi- Margaret Kotz, DO—Case Western Univer- American Medical Colleges, and several atry at Columbia University and one of sity, Addiction Psychiatry. Michael Brooks, DO—President of the large health providers such as Kaiser the Nation’s foremost experts on drug addiction and treatment, who provided AOAAM and Director of Psychiatric Serv- Permanente. ices, Brighton Hospital, Brighton, Michigan. In addition to establishing a process invaluable assistance to me and to Sen- Tess Walker—College Student, Recovering through which trained physicians can ators HATCH and BIDEN in putting to- from heroin addiction. dispense or prescribe buprenorphine, gether this new system of office-based Odis Rivers—Korean Veteran, In Recovery. the Drug Addiction Treatment Act of treatment utilizing buprenorphine. Dr. 2000 required the Secretary of HHS to Nora Volkow’s expertise and tutoring MR. ODIS RIVERS, KOREAN VETERAN evaluate the impact of office-based have led us all to a better under- Dr. Schuster: I would next like to intro- buprenorphine treatment. In compli- standing of the science of addiction. duce Mr. Odis Rivers. A while back at Wayne ance with this requirement, the Sec- Dr. Volkow is the Director of the Na- State University we were doing a trial of tional Institute on Drug Abuse— buprenorphine as a treatment medication for retary directed the Substance Abuse opiate addiction, and Mr. Rivers was one of and Mental Health Services Adminis- NIDA—where buprenorphine was developed under a Cooperative Research and the volunteer participants in that study. tration—SAMHSA—to conduct a sur- He was successful in terms of stopping vey to determine (1) the availability of Development Agreement between NIDA using drugs when he was on buprenorphine, the office-based treatment, (2) the ef- and a private pharmaceutical com- and we were able to extend the period of fectiveness of the office-based treat- pany; Dr. H. Westley Clark, Director of time that he was on buprenorphine, and sub- the Center for Substance Abuse Treat- ment, and (3) the potential adverse sequently taper him off of it, and I’m proud ment under the Substance Abuse and public health consequences. to say that he still comes past my office reg- The preliminary findings of the HHS Mental Health Services Administra- ularly and he is still totally drug free. And he’s going to briefly tell you about his life. evaluation were presented and dis- tion. Dr. Clark has contributed great understanding of buprenorphine’s Mr. Rivers: Hi, how is everybody? You cussed during the August 3 Senate therapeutic effects in the treatment of know, I’m going to get straight to the point. Symposium which I have previously heroin abuse and dependence, and in I am proud to be up here to talk about mentioned. The HHS–SAMHSA evalua- buprenorphine, because it has really made a understanding that drug addiction is a tion showed that buprenorphine treat- change in my life. You know, being an addict public health problem. ment is clinically effective and well-ac- is a terrible, terrible situation, but being Mr. President, I ask unanimous con- clean from buprenorphine, it just changed cepted by patients; the program has in- sent that the following brief remarks creased the availability of medication- my life like night and day. I can get along of two participants who experienced with people I couldn’t get along with before, assisted treatment; adverse effects treatment with buprenorphine, Ms. and it’s just a miracle. have been minimal; and that the 30-pa- Tess Walker and Mr. Odis Rivers, and Like my sister, I had one sister, she’s a tient limit established in DATA, as the list of the August 3, 2006 DATA Sheriff, I have another sister, she’s a doctor well as cost reimbursement issues de- Symposium and Press Conference par- in California, and due to my addiction, I could hardly get along with either one of crease potential access to treatment ticipants, be printed in the RECORD. under the program. The experiences ar- There being no objection, the mate- them. But since my experience with ticulated by the health care profes- buprenorphine I get along just fine with both rial was ordered to be printed in the of them, and all of my friends and every- sionals who participated in the August RECORD, as follows: thing, you know, as a matter of fact, I have 3rd Senate Symposium are reflective of SYMPOSIUM a lot of new friends because I’ve changed so the findings of the HHS–SAMHSA eval- Convened by Senator Orrin Hatch and much. I don’t take buprenorphine in any uation, which were presented by CSAT Senator Carl Levin kind of way or anything and so life is just Director Dr. Westley Clark and that PRESENTERS wonderful and grand, and I have to give that were echoed by NIDA Director Dr. Nora Dr. Nora Volkow—Director, National Insti- thanks to the medication buprenorphine. Be- Volkow, based on her own expertise tute on Drug Abuse. cause it just helped me so tremendously in and observation of buprenorphine of- H. Westley Clark, M.D., J.D., MPH—Direc- my life. And so I would like to see everybody tor, Center for Substance Abuse Treatment/ that needs an opportunity, get an oppor- fice-based treatment. tunity to use this medication, because it It is tragic if the personal and com- Substance Abuse and Mental Health Services Administration. does work, and I’m a living witness that it munity benefits of this new anti-addic- Charles R. Schuster, Ph.D.—Distinguished does. tion medication, combined with treat- Professor of Psychiatry and Behavioral Neu- I’d like to say thank you for listening to ment in the private office of certified roscience, Wayne State University School of me. Thank you very much. physicians are limited because of arti- Medicine. ficial limits on its use. The legislation Jim Finch, M.D.—Family Practice physi- MS. TESS WALKER, COLLEGE STUDENT before us brings us close to full utiliza- cian from Durham, North Carolina. My name is Tess Walker and I’m 24 years Thomas Kosten, M.D.—Baylor College of old, and I’m about to graduate from Berke- tion. I am pleased that the Senate has Medicine, Department of Psychiatry. ley School of Music. I grew up in Cambridge, adopted this life-changing, lifesaving Dr. Herbert Kleeber—American Psy- legislation as part of the ONDCP reau- chiatric Association’s Council on Addiction Massachusetts and went to school there, and Psychiatry, Professor of Psychiatry and Di- was sort of going to school and doing well thorization bill, as well as the free and had an after-school job and graduated standing bill, S. 4115, which I intro- rector, Division of Substance Abuse, Colum- bia University. when I was 17, and when I was 18 I started duced along with Senators HATCH, Elinore McCance-Katz, M.D., Ph.D.—Pro- using heroin. And it seems like a very big BIDEN and COLLINS. fessor of Psychiatry and Medical Director, leap, but at the time, it didn’t. In closing, I would like to share with Virginia Health Practitioners’ Intervention I was using heroin for three and a half my colleagues in the Senate the names Program, Virginia Commonwealth Univer- years, and basically doing nothing but, it of the distinguished physicians, addic- sity. was pretty much a day in, day out thing. I tion experts and agency officials who David Fiellin, M.D., ASAM—Yale Univer- was living with my mother. After awhile participated in the August 3, 2006, sity School of Medicine, Medical Director, things were really bad. I was trying to get clean, and going into Symposium and Press Conference Sen- SAMHSA/CSAT Physician Clinical Support System. detoxes, methadone detoxes for five days at ator HATCH and I hosted on the success Michael Shore, M.D., F.A.P.A.—Psychiatry a time and coming out and going out and of the Drug Addiction Treatment Act and Addiction Medicine, Cherry Hill, New going back in and coming out, and during of 2000, and the subsequent FDA ap- Jersey. this period of time, which was probably a

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11706 CONGRESSIONAL RECORD — SENATE December 8, 2006 year and a half, two years into my using, my to express just what it has been like to his class at Oxford. He showed it when mother got in touch with a physician named go to work every day with a real, live he was elected to the Maryland House Dr. Daniel Alfred in Boston. He was involved Greek philosopher. of Delegates back in 1966, and then in the research with buprenorphine, and he Of course, I mean PAUL SARBANES— through 3 terms in the House and 5 in basically convinced her that she shouldn’t throw me out of the house—so thanks, Dr. who is the longest-serving Senator in the Senate, through a career one news- Alfred—and about a treatment that he was the history of the State of Maryland; paper called ‘‘electorally invincible.’’ working on, but it wasn’t available yet. who has been among the wisest mem- And he showed it as one of the most And I continued sort of on the path that I bers to sit in this body; who is serving quietly influential members of this was on until I had expended methadone out his last week here with us. I have body, a listener in a town full of talk- detoxes ten times. And I want to focus when come to the floor today to say goodbye; ers, a living example of the maxim, I’m talking to you on that, the last experi- and as I do, I remember one of my fa- ‘‘It’s amazing what you can accomplish ence that I had with methadone detox. vorite Greek stories—which, in a bit of when you don’t care who gets the cred- I went in and took my first dose, and five days later I took my last dose, and on that a roundabout way, reminds me of it.’’ day left and I went to New York to my PAUL. But I can think of at least one ac- friend’s farm, because I knew that it was When the Athenians set up the first complishment for which Senator SAR- going to get bad eventually and I was at the democracy and declared that every cit- BANES’s credit is assured. In 2002, when end of my rope and I wanted it to end. When izen could go and vote in the Assembly, he was chairman of the Banking Com- I got to New York things got really bad, and they ran into just one problem—no one mittee, a series of corporate scandals I wound up being in a situation where it was wanted to go. It turned out that the shocked the stock market, sapped trust like—drugs, death. Athenians were also the first to dis- in our economy, and cost shareholders I think about myself now and who I am cover voter apathy: It turned out that and workers billions of dollars. But now, and thinking about being in a situation in which that’s a viable option at all is real- most of the citizens would much rather PAUL confronted the crisis of con- ly scary. spend time buying and selling in the fidence and wrote legislation that I drove back to Boston at probably about Marketplace than arguing politics in helped restore accountability to ac- 100 miles per hour and got back to the city the Assembly. counting. Sarbanes-Oxley was greeted and got my drugs and went back home and I So the leaders came up with a plan. as the most fundamental reform of was just completely at the end of my rope, They hired the two burliest men they American business since the Great De- my mother was probably more at the end of could find and gave them a long rope pression; and I believe it will be PAUL’s hers, and she called up Dr. Alfred—this was clipped in fresh red paint. And then the legacy. I was proud to help him; and I years after all of the process and everything two burly men would stand on opposite and the methadone and nothing working and will be even prouder to sit in his chair- trying and trying and trying—and he basi- sides of the market square and shout man’s seat on the Banking Committee. cally told her that, buprenorphine had been ‘‘Everybody out.’’ And after about a PAUL—your work will be mine, I prom- approved, and that I could come in on that minute, they would each grab an end of ise. Monday. the rope that was dripping with paint Of course, Senator SARBANES will be We had so much hope at that point, and we and walk down the square; and any- leaving another legacy here in Wash- went in and he explained the process to us, body who didn’t get out of there in ington—his son John, who was elected and it kind of seemed really unbelievable to time had to go around for the rest of to represent his father’s old House dis- me at the time. I went home with the day with his shirt ruined. buprenorphine and started taking my dose trict in the 110th Congress. I’ve never and there was a moment where, I’m sorry, I said that story reminds me a bit of met John Sarbanes, but if the son is where sitting at my kitchen table in Boston Senator SARBANES. Not because his anything like the father, 2006 will look when I felt normal for the first time in three clothing has been anything but impec- a lot like 1970: We’ll be sable to walk and a half years. And I’ve been clean for al- cable and stain-free—but because it over to the House side and find a bright most three and a half years now, and it points out just how remarkable his 40- young man of immigrant heritage at changed my life. It was—after going through year career in public life has been. The the start of his Washington career, years of trying and failing and trying and truth is that people have been finding brought up in the tradition of service failing, to have something—a drug that did ways to avoid the responsibility of gov- not feel like a drug and make me feel like a and full of the quiet virtues. human being again, and to have people erning since governing was invented. I don’t think politics has changed so around you who are treating you that way, So when we have the luck to find a much since 1970 that those virtues was amazing. man willing to give not just an after- aren’t still in high demand. And come I went back into college after I was six noon’s service to his country, but a to think of it, politics hasn’t changed months clean, I’ve been on the Dean’s List whole life—and when he turns out to be so much since the days of the rope in ever since. I’m graduating in the spring, I’ve a man of uncommon intelligence and the marketplace—with at least one no- been recording music and playing music and humility—we know what a treasure we table exception. We have gotten rid of all of my family is back in my life and it’s have stumbled on. the rope. In our country, no one forces an amazing thing. And I’ve learned a lot We can think back to those Athe- standing back here today and I think that you to care. No one forces you to vote. it’s a massively important thing for nians dawdling in the marketplace and No one forces you to serve. If you do buprenorphine to be in any community, espe- ask ourselves: didn’t they know? Didn’t those things anyway, it’s not a meas- cially in communities where you wouldn’t they know they were in ‘‘Ancient ure of compulsion, but of conviction. expect that this is a huge issue, because it is. Greece,’’ for crying out loud? Didn’t And if, like PAUL SARBANES, you had And for me to go from a nice high school in they know they were supposed to be in the talent to make a career for your- Cambridge with amazing love and a huge the cradle of democracy? Didn’t they self anywhere in the world but chose to support system to the places that I went to, know we’d be talking about them a spend it here, then we owe you our I mean, it can happen to anyone. And this is couple of millennia later on the floor of working, it’s really working. So I hope that thanks—for your company, for your I’ve given you something to think about and the U.S. Senate? wisdom, for 40 years well spent in the thank you so much for letting me come and But of course, they had no idea, and Assembly. speak here. Because this is a really major we can’t blame them—they had lives to Goodbye, Senator SARBANES,—and thing, and I think that everyone needs to be live. Compared to the getting and my best wishes for you and your wife aware that there’s an alternative to five spending, the errands and talk that go Christine for many years to come.∑ days in methadone detox out there, and that on in the market square, the work of Mr. President, today I pay tribute to it works. Thank you so much. governing can seem like a book of the my departing colleagues who have, for f driest prose. The print is tiny and the a time, lent their talents, their convic- (At the request of Mr. REID, the fol- lines are closely spaced. tions, and their hard work to this dis- lowing statement was ordered to be It takes an uncommon mind to ap- tinguished body. I may have had my printed in the RECORD.) preciate the value, the necessity, of disagreements with them, but the end what’s in that book—but PAUL SAR- of a term is a time for seeing col- HONORING SENATORIAL SERVICE BANES has had one all his life. He leagues not simply as politicians, but ∑ Mr. DODD. Mr. President, I rise showed it when he won a Rhodes Schol- as partners who have ‘‘toiled, and today unable to find the words I need arship and went on to graduate first in wrought, and thought with me.’’ Each,

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11707 in his own way, was distinctive; and a social malady that, in the last year position to predatory lending, and his each, in his own way, will be sorely for which we have data, led directly to solid social conservatism. And though missed. 3,500 deaths, 2 million injuries, and we didn’t always agree, I am sure ev- RICK SANTORUM 1,200 babies born with fetal alcohol syn- eryone who served with him has re- I want to first recognize Senator drome, not to mention $53 billion in so- spected his intellect and his outspoken- RICK SANTORUM of Pennsylvania, who cial costs. The STOP Underage Drink- ness. May he and his wife Brenda have has been a colleague of mine in this ing Act, which I cosponsored with Sen- many more years of happiness. body for 12 years. During that time he ator DEWINE, would fund a comprehen- LINCOLN CHAFEE rose to No. 3 in the Republican leader- sive Federal campaign of research, pre- Next, I would like to send my best ship, as chairman of the Senate Repub- vention grants, and a media messages wishes to Senator LINCOLN Chafee. Sen- lican Conference, and made a name for aimed to keep children and young ator CHAFEE and I have a fair bit in himself as a young and energetic con- adults alcohol-free. I am proud to stand common: we are both lifelong New servative. with Senator DEWINE on such a criti- Englanders, and we both had Senators RICK SANTORUM is the son of an cally important issue. for fathers. After completing his under- Italian immigrant who earned a law de- And I am just as proud to have his graduate studies at Brown University, gree and an MBA and won election to support on a whole slew of health ini- and while many of his colleagues were the House of Representatives at the tiatives, especially for infants and chil- busy studying law or political science, tender age of 32. After two terms in the dren. Because States’ variable screen- LINCOLN CHAFEE studied horseshoeing. House he won his first Senate election ing standards leave many newborns at I imagine he is the only modern Sen- in 1994, as well as reelection in 2000. risk for treatable disorders, we have ator to have worked as a professional Senator SANTORUM quickly established worked together to standardize screen- farrier for 7 years. And while Senator ing across the Nation so that all himself as one of the faces of his party, CHAFEE eventually took up the family a testament to his strong principles newborns have an equal promise of business and went into politics, he has health, no matter where they are born. and his communications skill. always retained the humility and good Throughout his legislative career, Senator DEWINE and I have also humor that so often come to those who Senator SANTORUM has been especially worked together for safer pediatric spend time working with their hands. strong on anti-poverty measures. He medical devices. But above all, Senator Senator CHAFEE was a popular mayor DEWINE worked with me to secure pas- served as a floor manager for welfare of Warwick, RI, and on the death of his sage of the Best Pharmaceuticals for reform in the mid-1990s. In the Senate, father, Senator John Chafee, was ap- Children Act. That legislation provides he worked for African debt relief and pointed to fill out the remainder of the funding for the fight against AIDS, incentives for the drug industry that term. He was elected in his own right often collaborating closely with his have dramatically increased the num- in 2000, and has served a total of 7 years colleagues across the aisle. His efforts ber of drugs tested and labeled for chil- in the upper house, cementing a rep- moved Bono to declare him ‘‘a defender dren; as a result, more than a hundred utation as an independent thinker and of the most vulnerable.’’ drug labels have been changed to incor- I was especially pleased to work with porate new pediatric information. one of his State’s most popular politicians. Senator SANTORUM on the Combating It has been a pleasure to serve and I especially enjoyed serving alongside Autism Act. When nearly 1 in every 166 work with Senator DEWINE. I have al- Senator CHAFEE on the Foreign Rela- children born today will be diagnosed ways admired his ability to put prin- tions Committee. He was a welcome with this developmental disorder by ciple before party, and I am thankful travel partner. On trips to Latin Amer- the time they reach school age, govern- for all of his help, and most impor- ment action is more necessary than tantly, for his friendship. I wish him ica, it was always reassuring to have a familiar New England accent at my ever. Senator SANTORUM recognized and his wife Frances much happiness in that, and he helped me work for a bill the future. side. On a more serious note, I have come to respect Senator CHAFEE’s that, in the final version, would au- JIM TALENT thorize $945 million for autism re- I would also like to recognize Sen- courage and principle, especially on the matter of John Bolton’s nomina- search, screening, education, and serv- ator JIM TALENT. Senator TALENT has ices—double the current level of fund- been a lifelong resident of St. Louis; tion as United Nations Ambassador. ing. On poverty, AIDS, autism, and and even when he was attending Wash- Senator CHAFEE spoke out in favor of many similar issues, RICK SANTORUM ington University in his hometown, his competent diplomatic representation has been a dependable ally. outstanding intellect was on display as at the UN. Because of his efforts, we Over his 12 years in the Senate, RICK he was named the most outstanding are closer to the day when our rep- SANTORUM dedicated himself to a phi- undergraduate in political science. It resentative at the world body will work losophy he described as ‘‘healthy fami- was a sign of success to come. JIM TAL- to win respect from the world, not lies, freedom of faith, a vibrant civil ENT was elected to the U.S. House in alienation. society, a proper understanding of the 1992 and served a total of 12 years in On that issue and many others, Sen- individual, and a focused government Congress, the last 4 representing Mis- ator CHAFEE was never afraid to put his to achieve noble purposes.’’ souri in the Senate. beliefs ahead of party pressure. He has Senator SANTORUM and I may not I was especially proud to work with voted to support stem cell research and have always seen eye-to-eye, but no Senator TALENT on legislation of the a responsible exit strategy in Iraq; and one ever questioned his commitment to utmost moral importance: a bill that his strong environmental record, in- principle. I wish him, his wife Karen, would establish new offices at the De- cluding opposition to oil drilling in the and their six children all the best. partment of Justice and FBI to inves- Alaska National Wildlife Reserve, has MIKE DEWINE tigate and prosecute Civil Rights-era earned him the endorsement of promi- I also want to say farewell to Senator murders. This legislation would help nent conservationist groups. MIKE DEWINE. Senator DEWINE, a ensure that those who took the lives of We will miss his independent mind former prosecutor, has had a distin- civil rights workers, and have thus far and his true Yankee spirit. I wish all guished career in Ohio politics. He rep- escaped justice, never have another the best to Senator CHAFEE and his resented his district for four terms in peaceful night of sleep. Senator TAL- wife, Stephanie. the House of Representatives, and he ENT said it eloquently: ‘‘We want the CONRAD BURNS served as Ohio’s Lieutenant Governor murderers and their accomplices who I would also like to bid farewell to for 4 years, beginning in 1991. MIKE are still living to know there’s an en- outgoing Senator CONRAD BURNS of DEWINE was elected to the Senate as tire section of the Department of Jus- Montana. CONRAD BURNS is the longest part of the famous Republican class of tice that is going after them. We need serving Senator in the history of his 1994 and served for a total of 12 years. to unearth the truth and do justice be- State, and he has long been known for I have had few more valuable partners cause there can not be healing without his plainspoken and blunt style. CON- on the other side of the aisle. the truth.’’ RAD BURNS served as a Marine in Japan Senator DEWINE and I have been Senator TALENT was also known for and Korea, and back home he made a strong opponents of underage drinking, his work for renewable energy, his op- name for himself as a livestock

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11708 CONGRESSIONAL RECORD — SENATE December 8, 2006 specialist, auctioneer, and radio agri- that ‘‘everything I’ve worked for, and BILL FRIST cultural reporter. He proved himself a everything I believe in, depends upon Last but not least—the departing canny businessman, as one radio pro- this Senate seat remaining in the majority leader, BILL FRIST of Ten- gram grew into a network of 31 radio Democratic caucus in 2007.’’ Senator nessee. His leadership position has only stations and six television stations. DAYTON’s wish came true when Amy been the cap on a lifetime of accom- A passion for local politics led him to Klobuchar won an election to fill his plishment. BILL FRIST is a leading win a seat on the Yellowstone County seat; and I trust she will continue in transplant surgeon, who has performed Commission. When he first ran for the MARK DAYTON’s tradition of capable more than 150 heart or lung trans- Senate in 1988, Mr. BURNS was still a and hard-working representation for plants, as well as a highly successful relative political novice; but he was the people of Minnesota. Senator DAY- medical businessman. The same drive known throughout the State of Mon- TON is returning to private life in his that fueled him in politics, medicine, tana for his successful business ven- home state, and I wish him all the best. and business also inspired him to earn tures, and he won election over an in- GEORGE ALLEN his pilot’s license and complete seven cumbent. Senator BURNS was reelected Next, I would like to bid farewell to marathons. Senator FRIST will be rein 1994 and 2000. Virginia’s GEORGE ALLEN. As we all membered as a competent majority Over 18 years in this body, Senator know, Senator ALLEN is the son of the leader, not to mention as the first med- BURNS built up a record as an influen- great football coach, George H. Allen. ical doctor elected to the Senate since tial committee member, sitting on Ap- As a boy and young man, Senator 1928. propriations and chairing a Sub- ALLEN lived all over America, wherever After pursuing his medical career for committee on Communications, as well his father’s career took the family. But nearly two decades, BILL FRIST estab- as another on the Interior, with juris- in the end, Senator ALLEN fell in love lished himself in Tennessee politics diction over the entire National Parks with the State of Virginia, especially and was elected to the Senate in 1994 Service. Senator BURNS has taken pride its wealth of history. ‘‘I was going to and was reelected in 2000 with the high- in securing resources for his State, as go into a partnership with someone in est vote total for any statewide elec- well as in opening up the promise of ad- Charlottesville in an old building built tion in his State’s history. As the Sen- vanced telecommunications for all. He in 1814,’’ he said, describing his first ate’s only medical doctor at the time, worked with Senator RON WYDEN of Or- law practice. ‘‘Mr. Jefferson played the he attended to the victims of the 1998 egon to pass the CAN SPAM Act, which fiddle there, allegedly . . . I lived in it Capitol shooting, and he also served as combats unsolicited e-mail. Senator while renovating. I started my law a respected spokesman on anthrax and BURNS has also worked for Internet de- practice and then bought a log house bioterrorism following the terrorist at- regulation and broadband access in out in the country, in the woods. Char- tacks of 2001. rural and areas, earning him praise as lottesville is where I wanted to take Besides leading the Senate since 2003, ‘‘one of the fathers of the modern my stand.’’ BILL FRIST found recognition for his Internet.’’ That is quite an achieve- In 1982, GEORGE ALLEN won election outspoken positions on Medicare re- ment for a onetime cattle auctioneer. to the Virginia House of Delegates— form, judicial nominations, and social Now Senator BURNS is returning to and Thomas Jefferson’s old seat. In issues. He also worked to establish a his home State of Montana, and I hope 1991, he was elected to a term in the nuanced position on stem cell research. he and his wife Phyllis have many House of Representatives, and 2 years Though we didn’t always see eye-to- years of happiness there. later, became Governor of Virginia, a eye, we were able to work together on MARK DAYTON post in which he distinguished himself important legislation, including bills I would also like to recognize Sen- as an energetic executive. As Governor, on obesity prevention and food aller- ator MARK DAYTON of Minnesota. Sen- GEORGE ALLEN fought violent crime, gies. And I think I can speak for all of ator DAYTON’s talents have long been reformed his State’s welfare system, my colleagues when I thank him for his apparent, whether graduating cum and signed the standards of learning hard work in running the Senate for laude from Yale University, starting in education reform bill, which helped in- the past 3 years—or, as a predecessor goal for the college hockey team, or spire No Child Left Behind. In 2000, he put it, ‘‘herding cats.’’ spending time as a teacher on the was elected to the Senate, where he BILL FRIST is returning to his philan- Lower East Side of New York City. served on committees including Com- thropic work and his medical practice, Senator DAYTON has long been involved merce and Foreign Relations. where I am sure he will find his success in public service and Minnesota poli- In the Senate, GEORGE ALLEN made a undiminished and his skill undulled. I tics, serving on Walter Mondale’s Sen- name for himself on technology issues, wish him, his wife Karyn, and their ate staff in the 1970s and working in keeping the Internet free of taxation, three sons many happy years.∑ the 1980s and 1990s for economic devel- securing nanotechnology funding, and SENATORS SARBANES AND DAYTON opment in his home State. Senator providing high-tech grants to histori- Mr. REID. Mr. President, the great DAYTON was elected state auditor in cally black colleges. It’s also been a Senator Daniel Webster once remarked 1990, serving a 4-year term fighting the pleasure to work with Senator ALLEN that the Senate is a place: misuse and theft of public funds. In for several years on our own legislation of equals of men of individual honor . . . 2000, he once again entered State poli- to enhance America’s competitiveness and personal character. tics, defeating an incumbent to win a in the field of aviation by investing in He was right, and we can see what he term in the Senate. aeronautics research and a new genera- was talking about in the fine men the MARK DAYTON took many principled tion of aerospace scientists. In addition Senate is losing to retirement at the stands during his time in the Senate, to his technology interests, Senator end of this Congress: Senator FRIST, from his opposition to the Iraq War ALLEN was also a strong advocate of Senator SARBANES, Senator JEFFORDS, resolution to his work to fully fund balanced budgets. and Senator DAYTON. special education. Senator DAYTON was GEORGE ALLEN is leaving the Senate, On previous occasions, I have talked also known for his engagement with but we will remember him for his affa- about how much I appreciated serving the needs of his Minnesota constitu- ble demeanor and love of history. He with Senators FRIST and JEFFORDS. ents. He won $3 million for a Minnesota was fond of quoting Thomas Jefferson’s Today, I would like to say a few more National Guard program to provide sol- 1801 Inaugural Address: ‘‘The sum of words about Senators SARBANES and diers with postcombat counseling and good government is a wise and frugal DAYTON. support, worked to hire 148 additional government which shall restrain men PAUL SARBANES is a man I have al- patrol agents to secure the United from injuring one another but other- ways admired. We share a similar States-Canada border, and even do- wise leave them free to regulate their background. nated his Senate salary to pay for bus own pursuits of industry.’’ GEORGE I grew up in a small Nevada town. My trips to Canada so seniors could buy ALLEN did his best to live and work by parents weren’t well connected or high- cheaper prescription drugs. those principles, and as he returns to ly educated. But as we see in my life— Senator DAYTON chose to retire after private life, I wish happiness to him, and Paul Sarbanes’s life—in America serving out his term, but he declared his wife Anne, and their three children. your background does not matter.

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11709 PAUL is the son of Greek immigrants. Walter Mondale. When Mondale was se- forts to stop underage teen drinking by His parents didn’t have a formal edu- lected the running mate of Jimmy Car- sponsoring the Sober Truth on Pre- cation, but they worked hard. They ter in 1976, MARK was there to serve. venting Underage Drinking Act. The owned a restaurant—the Mayflower In 1990—following jobs in the Min- STOP Act has a good chance of becom- Grill on Main Street in Salisbury, MD. nesota State government and the pri- ing law this year. PAUL worked hard too, and as a re- vate sector—MARK ran for Minnesota But the centerpiece of MIKE DEWINE’s sult, he has lived the American dream. State auditor and won. In 2000, he came prochild agenda is his work to This son of Greek immigrants is the to the Senate, where he has served ever incentivize pharmaceutical company graduate of some of the world’s leading since. testing of drugs used on children. MIKE educational institutions, and for the MARK is known here as a strong advo- DEWINE showed this whole body the last 30 years, he has been a leading cate for the people of Minnesota. He safety risks children face when they voice in the world’s greatest delibera- has used his Senate salary to send bus- take prescription medications never tive body. loads of seniors to Canada for prescrip- studied in the pediatric population. I PAUL received an academic and ath- tion drugs. He has used his power in can just hear MIKE saying now, ‘‘Chil- letic scholarship to Princeton Univer- the Senate to help low-income con- dren are not little adults.’’ And he is sity, from which he graduated in 1954. stituents get the oil they need to heat right. After graduation from Princeton, he their homes. And he has created a He worked across the aisle and across received the Rhodes Scholarship, which ‘‘Healthcare Help Line,’’ which is avail- the Capitol to get the Pediatric Re- sent him to Oxford, England, until 1957. able to Minnesotans who have prob- search Equity Act of 2003 enacted. This When PAUL came back to the States, lems with their health insurers. was no easy task. It took grit and de- he went to Harvard to earn his Law De- Mr. President, MARK Dayton, like termination. He fought big PhRMA. He gree. PAUL SARBANES, like JIM JEFFORDS, did it for the kids. And he won. I am In 1970, PAUL won his first Federal like BILL FRIST, will be missed. only sorry he will not be here next year election—to the U.S. House of Rep- The Senate—and our country—are as we work to reauthorize it. better off because of their service. resentatives. In 1976, he came to the In his years as a member of the Sen- Senate. MIKE DE WINE ate Judiciary Committee, Senator During the next 30 years, he made a ∑ Mr. HATCH. Mr. President, as this DEWINE emerged as a leader in the area tremendous mark on our country. session draws to a close, I must take of antitrust law and competition pol- PAUL SARBANES has been an excellent this opportunity to make a few com- icy. Both as the chairman and the Senator, but he has always excelled ments on the outstanding record left ranking Republican member of the when the country needed him the behind by our colleague from Ohio, Antitrust Subcommittee, MIKE has most—during times of crisis. Senator MIKE DEWINE. played an invaluable role in each sig- During Watergate, he was a leading I have worked closely with Senator nificant legislative change to the anti- voice for reform in the House. During DEWINE ever since he came to the Sen- trust laws enacted in the past decade. Iran-Contra, he led the fight for the ate. I sit with him on three commit- In addition to his legislative achieve- truth in the Senate. And more re- tees: the Select Committee on Intel- ments in antitrust law, Senator cently, in the wake of the Enron ac- ligence; the Judiciary Committee, DEWINE has become known for the sub- counting scandals, he was largely re- where he chaired the Antitrust Sub- committee’s active oversight of the sponsible for reforms which restored committee; and on the Health, Edu- antitrust enforcement activities of the the people’s confidence in corporate cation, Labor, and Pensions Com- Department of Justice and Federal America. mittee, where he chairs the Retirement Trade Commission. During the sub- During his 30 years in the Senate, Security and Aging Subcommittee. committee’s consideration of numerous PAUL SARBANES has cast over 11,000 I consider MIKE to be a Senator’s votes. Not all of them were as monu- Senator—he is a man who truly rep- individual mergers, his thoughtful mental as his work on Watergate, Iran- resents his constituents, who studies analysis and evenhanded approach Contra and Enron, but every one of the issues, works hard, and does his earned him considerable respect in the them was cast with the people of Mary- very, very best to do what is right. His antitrust community as a tough, but land, and the people of the United departure from the Senate is a great eminently fair, advocate of both con- States in mind. loss to this body and a great loss to sumer interests and strong competition. Mr. President, MARK DAYTON has Ohio. served in the Senate just one-fifth of The DeWine legacy is considerable. Earlier this year at the American the time PAUL SARBANES served here. One of the major focuses of his work, Antitrust Institute’s annual con- But he, too, has made his mark. He’s which I admire greatly, is the protec- ference, where he and Senator KOHL re- been a fine public servant, and an even tion of children. Senator DEWINE has ceived an achievement award for their better friend. sponsored numerous pieces of legisla- many contributions to antitrust law, Of course, Senator DAYTON’s service tion aimed at protecting children and Senator DEWINE commented that has always been closely intertwined enabling prosecution of those who per- ‘‘[i]t’s always difficult to find that fine with that of our dear departed collegue petrate acts against children. These in- line between aggressive, healthy com- Paul Wellstone. Paul was a legend in clude the Protecting Children Against petition and destructive or anti- our country, but MARK has kept his Crime Act of 2003, which became law as competitive behavior, but it’s our job legacy alive these last 4 years by fight- part of the PROTECT Act, the Na- on the Antitrust Subcommittee to ing for the working people of Min- tional Child Protection Amendments keep trying, and to promote the type of nesota. Act of 2000, the Child Abuse Prevention competition that helps everyone.’’ MARK was born in Minnesota in 1947. and Enforcement Act of 1999, and the From my perspective, Senator He graduated from Yale University in Protection Against Sexual Predators DEWINE not only tried but succeeded 1969, where he majored in psychology Act of 1998. It is significant to note admirably in drawing this very dif- and played varsity hockey. MARK had that Senator DEWINE is a founding ficult line in a careful and appro- many options coming out of college, member and cochair of the Senate Cau- priately balanced way. His expertise, but he chose to become a teacher at a cus on Missing, Exploited and Runaway institutional knowledge, and thought- public school on New York City’s lower Children. ful analysis will be sorely missed. east side. The Senator’s work to protect chil- Also of note in discussing Senator It was an unselfish choice, and it dren extends beyond legal issues. He is DEWINE’s work on the Judiciary Com- would not be the last time MARK chose the author and true leader in the Sen- mittee are his anticrime efforts. MIKE a path in life that put the public’s in- ate of legislation to protect children has been a real leader on issues such as terest ahead of his own self-interest. from the horrors of tobacco abuse by the 1998 law, the Crime Identification In 1957, after his years of teaching, giving the Food and Drug Administra- Technology Act, which increased fund- MARK came to Washington, where he tion the authority to regulate it. He ing for State and local law enforcement worked on the staff of then-Senator has also taken a leadership role in ef- by $1.25 billion. His work in anticrime

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11710 CONGRESSIONAL RECORD — SENATE December 8, 2006 technology continued in 2004, when the team. As an avid horse enthusiast, he have worked tirelessly to ensure that Senate adopted his amendment to the attended the horseshoeing school at funding continues to make the pro- intelligence reform bill that would up- Montana State University and worked gram available for these children. grade the Federal Bureau of Investiga- as a blacksmith at harness racetracks Senator LINCOLN CHAFEE is a great tion’s computer networks. That bill in the United States and Canada, but man, a loyal Rhode Islander, and a was signed into law on December 17, only a handful of years slipped by be- great American. I thank and commend 2004. fore he returned to his home in Rhode him for all his selfless work. His con- MIKE has either sponsored or cospon- Island. tributions have made his State and the sored a number of bills to help law en- LINCOLN then entered politics in 1985 whole country significantly better forcement protect Ohio communities, as a delegate to the Rhode Island Con- than before his arrival in Washington. including the local law enforcement stitutional Convention. A year later he We will all miss his presence here in block grant program, the Law Enforce- was elected to the first of two succes- the U.S. Senate, but I doubt we have ment Officers Safety Act, the Rape sive terms on the Warwick City Coun- seen the last of LINCOLN CHAFEE in the Kits and DNA Evidence Backlog Elimi- cil. In November 1992, LINCOLN became way of public service. I wish him and nation Act of 2003, and the Video the first Republican elected mayor of his family health, happiness, and the Voyeurism Prevention Act of 2004. Warwick in 32 years—and, with his best of luck in all future endeavors. MIKE DEWINE’s work to protect Ohio- positive vision, he so won over the RICK SANTORUM ans extended into the compelling field hearts and minds of voters that he was Mr. President, I rise today to pay of mental illness treatment as well. In reelected for another three terms in a tribute to my colleague and friend fact, Senator DEWINE is known reliably Democratic city. He held the from Pennsylvania, Senator RICK throughout the country for his work mayoral post until appointed by Gov- SANTORUM, who will soon be ending a related to the treatment of mental ernor Lincoln Almond in November very distinguished and impressive ca- health in the criminal justice system, 1999 to fill the unexpired Senate term reer in the U.S. Congress. including bills such as the Mentally Ill of his late father, John Chafee. In No- In my 30 years of service in the U.S. Offender Treatment and Crime Reduc- vember 2000, he was overwhelmingly Senate, I have seen a lot of Senators tion Act and America’s Law Enforce- elected to the U.S. Senate. come and go. However, it is hard to ment and Mental Health Project. As I, LINCOLN has a great interest in think of anyone who has had more en- Another DeWine contribution is the policy that affects the health of our ergy, more enthusiasm, and who, in Poison Control Center Enhancement Nation’s people, and I am proud to such a short period of time, has had a and Awareness Act, a significant con- have had the honor of working with greater impact on many important tribution to public health which estab- him on a number of initiatives that issues affecting our families and our lished a national toll-free poison con- made Americans healthier. society, than has the junior Senator trol hotline and provided substantial I admire LINCOLN for taking a stand from Pennsylvania. assistance to local poison control cen- on stem cell research. He has supported After receiving advanced degrees in ters. important legislation and joined a bi- business and law, RICK was elected to Finally and more recently, Senator partisan group of colleagues in calling the House of Representatives in 1990 at DEWINE authored a bill to protect chil- on President Bush to expand the Fed- the age of 32. He served two terms in dren’s eyes by restricting their access eral policy on embryonic stem cell re- that body before running for the Sen- to potentially damaging cosmetic con- search. Senator CHAFEE and I share ate, he distinguished himself as part of tact lenses. similar views on this issue: he is op- the so-called Gang of 7 that helped un- Our new leader, Senator MCCONNELL, posed to any cloning with the intention cover the House banking scandal and said this of Senator DEWINE, and I of creating a human life but strongly called for reforms of the House. could not have said it better: supports legislation that would allow The same year he was first elected to I have never observed a more skillful legis- stem cell researchers to use excess em- Congress, RICK was married to his wife lator than he during my time in the Senate bryos which were created for in vitro Karen, and they started their family . . . You know he is a formidable force who, fertilization purposes and would other- that now includes six children. As the when he has made up his mind about an wise be discarded. I respect and appre- father of six myself, I know firsthand issue, never lets go. Many bills that have ciate his courage to stand up for his the challenges and joys that come from cleared the Senate in the ten years the Sen- convictions in the face of such a con- having a large family. RICK has done ator from Ohio has been here have the fin- troversial issue. such a marvelous job balancing home gerprints of Mike DeWine. He is truly an ex- LINCOLN has been a champion for traordinary legislator. life with public life with its demanding breast cancer research since his arrival schedule and its never-ending conflicts. I echo those sentiments. in the Senate in 1999. I am pleased to After winning election to the Senate MIKE DEWINE has been an out- be an original cosponsor of his Breast in 1994, RICK SANTORUM immediately standing Member of our body, a good Cancer and Environmental Research began exerting leadership on issues in friend to me, and a superb representa- Act, which would make Federal grants several different legislative areas but tive for his constituents. He and his available for the development and op- notably in the areas of health, agri- staff work hard and their work has eration of eight national centers that culture, and welfare reform. Upon win- yielded incredible benefits for the would conduct research on how envi- ning reelection to his second term in American people. It is with great pride ronmental factors may contribute to the Senate, his GOP colleagues vali- that I commend his achievements to the causes of breast cancer. In recogni- dated his natural leadership by choos- this body, and I thank MIKE for all he tion of his outstanding leadership in ing RICK to chair the Senate Repub- has done to make the U.S. Senate a this arena, LINCOLN has been honored lican Conference. more effective and accomplished body. by the National Breast Cancer Coali- Although Senator SANTORUM is well I will miss him, as a legislator, as a tion and also presented with the Avon known for his strong defense of many colleague, and as a friend. Foundation Pink Ribbon Crusader conservative positions and his articu- LINCOLN CHAFEE Award. late voice on many issues affecting the Mr. President, I am grateful for the Senator CHAFEE has been a leader in sanctity of the family, it would be opportunity to take a few moments to the fight to reauthorize and maintain wrong to characterize him as a strict recognize the service and devotion to adequate funding for the State Chil- partisan. I have seen many examples the U.S. Senate by my colleague and dren’s Health Insurance Program—also where RICK has reached across the aisle friend, Senator LINCOLN CHAFEE of called CHIP. I worked very closely with to his Democratic colleagues and found Rhode Island. his father to write that law in 1997. I common ground on issues of impor- A true Rhode Islander, LINCOLN recognize that LINCOLN is also dedi- tance to all Americans. CHAFEE was born in Providence, at- cated to the goal of this program, One notable example of this is on an tended a Warwick public school, and which is to provide health insurance to issue that is also very important to earned a degree from Brown Univer- low-income, uninsured children, and I me—promoting charitable initiatives. sity, where he captained the wrestling thank him for his diligent efforts. We Several years ago, Senator SANTORUM

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11711 teamed up with another of our most iest citizens. According to the Depart- to cook meth less available to law distinguished and thoughtful col- ment of Health and Human Services, breakers. While we didn’t always agree leagues, Senator JOE LIEBERMAN, to in- welfare caseloads in this country have on the approach to this effort, we were troduce the Charity, Aid, Recovery, declined 58 percent since the enact- united in efforts to stop the insidious and Empowerment, CARE, Act. The ment of this legislation. These results damage inflicted by this drug. I ap- CARE Act was designed to address show that, even as a new Senator, JIM plaud JIM’s efforts in drafting an in- many problems faced by the charitable had tremendous foresight in crafting credibly important law that we all sector of our Nation and to help them meaningful ideas which addressed a se- hope will have a significant impact on to better achieve their goals of lifting rious problem in this country. decreasing the amount of toxic meth up the impoverished among us and of JIM also served on many important labs in our communities. helping all of us better assist our fel- committees during his time in the As JIM embarks on the next phase of low man in times of need. House, including the Armed Services his career, I wish him luck in all of his As an original cosponsor of the CARE Committee, the Small Business Com- future endeavors. I also want to extend Act, I saw up close the tireless dedica- mittee, and the Education and Work- my congratulations and appreciation tion and unending efforts that RICK force Committee. During his time on for JIM’s legislative achievements dur- SANTORUM put into promoting this leg- these committees, JIM continued to ing his time in Congress. I am con- islation, not just in the Senate but utilize his tremendous work ethic in fident that his character and attributes with the White House. While this very reviewing and drafting important ini- will continue to steer him toward a life ambitious legislation has not entirely tiatives which benefited American citi- of accomplishment and benefit to those been enacted, RICK can take a great zens. In addition, JIM worked endlessly around him. deal of justifiable pride in the fact that as an advocate for small business, JIM JEFFORDS great strides have been made in achiev- which he recognized as the financial Mr. President, I would like to extend ing the goals of the CARE Act. More- backbone of our country. my best wishes to my good friend and over, he can take great satisfaction in In November of 2002, JIM began the colleague, Senator JIM JEFFORDS. knowing that his colleagues in the Sen- next phase of his service after being For the last 18 years, I have been ate and the House, policymakers in the elected to serve as Senator for his privileged to serve with JIM here in the executive branch, those who serve so State of Missouri. Being born and United States Senate. When he first diligently in the charitable commu- raised in Missouri, JIM had a great came to the Senate in 1989, he was as- nity, and indeed concerned Americans knowledge base of the State and thus signed to the Senate Labor and Human from all walks of life, are much more the background to recognize important Resources Committee. At the time, I aware of the accomplishments and the issues which affected his constituents was the ranking minority member of needs of the charitable sector because and the State as a whole. that committee and worked closely of the efforts of Senator SANTORUM. I can truthfully say there has been no with JIM. In fact, when JIM later be- Mr. President, the junior Senator Senator in the history of this body who came chairman of the committee, he from Pennsylvania is going to be long has worked harder to represent the his- changed the name to the Committee on remembered in this body, and he will tory of his State than JIM TALENT. Health, Education, Labor and Pen- be sorely missed. He will be remem- JIM served on four diverse Senate sions, better known today as the Sen- bered and missed for his intelligence, committees: Agriculture, Nutrition, ate HELP Committee. He did that be- his articulate voice, his courage, his and Forestry; Energy and Natural Re- cause he felt that the purpose of the energy, and his leadership. I salute sources; Aging; and the Armed Services committee was to help people. Later, RICK as a fine public servant as he en- Committee. he and I also served together as mem- ters the next stage of his life, and I During this Congress, JIM and I bers of the Senate Finance Committee. thank him for his dedication and for worked together on the joint resolu- JIM has an undergraduate degree his hard work. I am sure I am joined by tion which proposed an amendment to from Yale University and graduated all of our colleagues as we wish RICK the Constitution authorizing Congress from Harvard University Law School. and his family the very best in the fu- to prohibit the physical desecration of He served in the United States Navy ture. the flag of the United States. JIM and I for 3 years and was in the Reserves JIM TALENT were in complete agreement on this until 1990 when he retired as a captain. Mr. President, I rise today to pay subject, and I greatly respected his He started his career in politics in tribute to the accomplishments of Sen- steadfast support of this proposed leg- 1966 when he was elected to the ator JIM TALENT from the great State islation. During debate of this topic, Vermont State Senate. In 1968, he be- of Missouri. I feel privileged to have JIM continually provided insightful came the attorney general for the worked with JIM on different pieces of commentary that showed his heartfelt State of Vermont. In 1974, he was elect- legislation, and I greatly admire his support of a very important topic. JIM ed to the U.S. House of Representatives dedication to his constituents and re- summed up his feelings with the fol- where he tells a very interesting story spect his many accomplishments dur- lowing sentiment: ‘‘The flag is the uni- about the day that he was sworn in as ing his time in public office. fying symbol of our Republic. It rep- a Member of the House. As JIM tells it, JIM’s official, political career started resents that common history and herit- 1974 was not a good year to be a Repub- when he was only 28 years old, after he age which holds America together not- lican candidate—for those who do not was elected to the Missouri House of withstanding religious, cultural, or po- remember, it was the year that Presi- Representatives. He went on to serve litical differences. Physical and public dent Richard Nixon resigned due to the for 8 years in that position, and he desecration of the flag degrades those Watergate scandal. The 1974 freshman worked diligently to pass meaningful values and coarsens America far more class had 92 new Members of which legislation which benefited the people than any speech or political dissent only 17 were Republicans—two of them of Missouri. possibly could.’’ We were both sorry to were our Senate colleagues, CHUCK In 1992, JIM was elected to the House see the amendment narrowly miss pas- GRASSLEY and JIM JEFFORDS. At the of Representatives from Missouri’s sec- sage, but I will always admire and re- time, CHUCK was on crutches and JIM ond district. JIM wasted no time in spect JIM’s unwavering support on this was in a neck brace. As the two walked tackling important issues and intro- important topic. down the aisle, JIM heard one of the duced the Real Welfare Reform Act of A final item I would like to draw at- Democrat Members say, ‘‘There are 1994. Much of the ideas from this legis- tention to is the Combat Meth Act that two we almost got.’’ Well, all I can say lation were phased into the Personal JIM drafted along with Senator FEIN- is, thank goodness the Democrats Responsibility and Work Opportunity STEIN. Recognizing the disastrous ef- didn’t get Chuck and JIM. The two of Act of 1996, which I joined JIM in voting fects that have been wrought on Amer- them have been an integral part of for. This historic piece of bipartisan ican neighborhoods and families due to both the House and the Senate. legislation has had a profound positive this horrible drug, Senators TALENT Senator JEFFORDS has always been impact and dramatically changed the and FEINSTEIN wrote this new law known for his self deprecating sense of way that this country helps its need- aimed at making the ingredients used humor. I will never forget his story

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11712 CONGRESSIONAL RECORD — SENATE December 8, 2006 about being interviewed by a reporter in the Senate, and while I was dis- Ranch for conservation purposes, to with Congresswoman Millicent appointed when he decided to become improve drinking water for the citizens Fenwick, who, as many know, was a an Independent, I respected his deci- of Centerfield, Mayfield, Park City, very elegant woman from New Jersey, sion. And so did former Senate major- and Eagle Mountain, UT, to provide for on their first impressions of what it ity leader Bob Dole, who is a close the Sand Hollow Recreation Area, and was like to live in Washington. Con- friend of JIM’s. In fact, on the first year to increase the reach of the Bonneville gresswoman Fenwick talked about her anniversary of JIM’s big decision, Bob Shoreline Trail. lovely view of the city from across the sent JIM a pineapple upside down cake. CONRAD has also helped Utah and our river. When asked what it was like for He told JIM that he looked all over for country continue down the path of en- him to be in Washington, JIM replied a cake to send him and came to the ergy independence and accelerate Utah that he lived in a Winnebago in the conclusion that a pineapple upside oil and gas production by helping to parking lot of a Holiday Inn and he had down cake described JIM the best. fund the Utah Oil and Gas Leasing a view of the hotel dumpster. Quite While that may be true, let me say Internet Pilot Program. Allow me to share just one example honestly, JIM is probably one of the that JIM is a man who has the best of of how Senator CONRAD Burns is, and most humble and down to earth people intentions and always does what he be- always will be, a man of the people. I have met in the Senate. lieves is in the best interest of his con- The highway system around the Wash- JIM is someone who fought hard for stituents. ington, DC area provides for express increased education funding, especially While serving in the Senate, JIM has lanes for vehicles carrying passengers. for special needs children. He is also always been an independent force and A regular feature of the Washington very passionate about environmental that is one of the main reasons that I commute is lines of passengers hoping issues. But in my opinion, one of JIM’s respect him so much. Policy always to be picked up by drivers who are driv- most significant achievements was the came before politics, something very difference he made on health care ing their way. Much of the population rare in Washington these days. He has of the high occupancy vehicle express issues. JIM was committed to providing a great love for the institution. He is lanes is made up of single drivers who a prescription drug benefit to Medicare passionate about issues he cares about beneficiaries and was actively involved have picked up these passengers, thus and it showed when he offered an allowing them to use the express lands. in writing the Tripartisan Medicare amendment in committee or spoke on For years, my friend Senator BURNS prescription drug bill which was con- the Senate floor. would pick up these riders in his less sidered on the floor of the Senate in JIM has dedicated his life to public than glamorous van. They would have 2002. JIM, CHUCK GRASSLEY, former Sen- service and the great people of great conversations together along the ator John Breaux, Senator OLYMPIA Vermont are very fortunate to have way, and in most cases, the passengers SNOWE, and I all got together and wrote had him representing them in both the would not have the slightest idea that a bill that provided a drug benefit for House of Representatives and the Sen- they had been picked up and were now Medicare beneficiaries. It was the foun- ate. He is a great legislator and he will chatting with a U.S. Senator. And dation of the Medicare prescription be missed by all of us. I wish JIM Jef- knowing the junior senator from Mon- drug benefit, Medicare Part D, which fords all the best in the years ahead. tana, I am sure that’s just the way he was included in the Medicare Mod- CONRAD BURNS wanted it. ernization Act of 2003. JIM provided Mr. President, I want to pay special Senator CONRAD BURNS has been a valuable input and did his best to look tribute to my good friend and colleague great friend to the people of Utah and out for what was in the best interest of from Montana, Senator CONRAD Burns, a great friend to me. I will miss his senior citizens and the disabled. So far, known by his staff, Montanans, and presence here in the Senate, and I wish 38 million Medicare beneficiaries are myself as just CONRAD. It is hard for him the greatest of success in his fu- enrolled in the Medicare Part D Pro- me to imagine a more down-to-earth ture endeavors. gram. Member of Congress than CONRAD. His GEORGE ALLEN Before I close, I want to share an in- straight-shooting analysis of the issues Mr. President, I rise today to honor sightful story about JIM that is indic- and his humorous outlook on life made the Senate career of my distinguished ative of the way he has led his life. life around the Senate more enjoyable. colleague from the State of Virginia, When JIM interviewed Paul Harrington Utahns in particular owe a debt of the Honorable GEORGE ALLEN. The con- to be the HELP Committee’s Health gratitude to Senator BURNS. As chair- tributions he has made to Congress and Policy director, it was at his home in man of the Senate Appropriations Sub- this country are significant, and we Shrewsbury, VT. Shrewsbury is a very committee on Interior and Related owe him a debt of gratitude for all that rural town in a very rural State and Agencies, Senator BURNS worked with he has given. that is best typified by the Brown Cov- our delegation to meet many of Utah’s GEORGE has spent most of his career ered Bridge. JIM conducted the job needs. in public service. A few years after interview in his garage where he had a First and foremost, he oversaw a dra- earning his law degree, he served as a large pile of bent nails on his work matic increase in funding for the Pay- delegate in the Virginia Assembly be- bench. While he discussed the possi- ments-in-Lieu-of-Taxes (PILT) Pro- fore becoming a Congressman in 1991. bility of Paul joining his staff, they gram, which provides funding for He made a successful run for Governor each began straightening out the used schools, roads, and public safety serv- of Virginia and presided over 4 years of nails. At the end of the conversation ices in rural communities in Utah strong economic growth and steady job they had created quite a large pile of where the tax base is limited due to the creation. In 2001, he joined the U.S. nails that were useful again. Paul predominance of tax-exempt Federal Senate, and I have been honored to call shared this experience with many of land. him my colleague for the past 6 years. his friends and colleagues when he left Chairman BURNS also helped me to GEORGE has been a tireless advocate the Senate because he felt that the cir- pass legislation which expedites re- for a smaller, more efficient Govern- cumstances of the job interview were search and development projects on ment throughout his career. He helped indicative of JIM’s philosophy and his Bureau of Land Management, BLM, lead the way to enactment of the Presi- approach to problem solving. I couldn’t land. Senator BURNS also helped pro- dent’s tax cut package in 2001 and 2003 agree more. There’s a practical side to vide funding for Sandy City, UT, to up- and has been an articulate defender of JIM’s nature that seeks to adapt old so- grade its drinking and storm water in- the progrowth tax policies that we lutions to solving new problems. Using frastructure. With this funding, Sandy have pursued over the past 6 years, in- the analogy of the nails, JIM has al- City will now be able to prevent flood- cluding the reduction in capital gains ways been able to take up used ideas ing which has threatened the homes of and dividend taxes, the repeal of the from the past and put them to good use many citizens in the past. death tax, and the reduction in the tax in new circumstances by reshaping Over the years, CONRAD has been ex- burden of our Nation’s small busi- them to fit the new needs of today. tremely helpful to many Utah commu- nesses, where so many of our jobs are I want everyone to know that I con- nities. He helped provide funding to created. These were lessons he learned sider JIM to be one of my dear friends protect the Range Creek/Rainbow Glass well from his days as a Governor.

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11713 He has done more than just pay lip- my colleagues a few thoughts about his ‘‘Senator.’’ But, for most, this idealist with service to the importance of keeping service. In September, I had the pleas- a good heart never stopped simply being taxes low: He has fought the good fight ure of speaking on Senator DAYTON’s ‘‘Mark.’’ as well. He introduced and worked hard behalf at a dinner paying tribute to the We shall miss MARK DAYTON and wish to ensure the passage of the Internet retiring Senators, and I ask that my him well as he leaves us. Tax Nondiscrimination Act, legislation remarks from that event be printed in LINCOLN CHAFEE that prohibited taxes on Internet ac- the RECORD. Mr. President, as this session of Con- cess or taxation from multiple jurisdic- There being no objection, the mate- gress comes to a close, I want to take tions on goods bought over the Inter- rial was ordered to be printed in the a moment to pay tribute to my friend net. RECORD. LINCOLN CHAFEE. Over the last few years, GEORGE has On the night six years ago when Minnesota Following in the footsteps of his late achieved an almost legendary status voters chose him as their 33rd Senator, Mark father, John, Senator CHAFEE has been with the technology community in this Dayton told the cheering crowd: ‘‘No matter a voice of moderation and civility in country. In 2001, GEORGE was appointed what your political party or personal philos- the Senate. In a time of increasing par- to serve as chairman of the Senate ophy, no matter who you voted for today or tisanship, Senator CHAFEE has been a High Tech Task Force where he advo- even whether you voted at all, I’ll work for bridge between the parties and to an you. When, next January, I become Senator earlier era of a less divisive politics. He cated for policies to make America a Dayton, please—call me Mark. Because I’m leader in innovation from nanotechnol- your public servant. I’ll work for you.’’ votes his conviction and his con- ogy to broadband to the education of For the past six years, Mark has kept that science, not just a party line. future engineers and scientists. So pledge, because those words were not the Senator CHAFEE’s legacy will be de- much of the technology agenda being rhetoric of a campaign; they were a reflec- fined by his leadership on environ- advanced in this country today tion of Mark’s deeply-held beliefs. Mark mental protection and fiscal responsi- spawned from the efforts of GEORGE as Dayton treats everyone—from the wealthiest bility. On both, he has had a forward- the High Tech Task Force chairman. If to the least fortunate—with the same sense looking approach, grounded in common of fairness and compassion, and he carries sense, for which our grandchildren will you were to meet with the top execu- himself with a humility to which we can all tives of any technology company with aspire. Mark’s lack of guile has character- be grateful. a significant presence in the United ized his service here, where political calcu- Senator CHAFEE has been a true States, they would tell you what a lating is an accepted reality. champion for conservation, fighting for wonderful advocate GEORGE ALLEN has When Mark came to the Senate, he clean air, clean water, and a healthier been for their company and their in- brought with him a broad range of experi- environment. He has been willing to dustry. I have heard it time and again ence. In the private sector he had worked as stand up to the administration when he from hundreds of executives. a public school teacher in a challenging New believes it is wrong, including opposing York City school; as a counselor to runaway GEORGE also has served our party the administration’s Energy bill, its youth; as a chief financial officer for a non- well. His success as head of the Na- profit group; and as head of an investment weak regulations on mercury, and tional Republican Senatorial Com- group. In public life, he had served as a Sen- drilling in the Arctic National Wildlife mittee during the 2004 election cycle is ate aide to Walter Mondale; as head of Min- Refuge. For the past several years, a result of the Senator’s bedrock faith nesota’s Department of Energy and Eco- Senator CHAFEE has led an effort with in his beliefs and his ability to articu- nomic Development; and as State Auditor, Senator JEFFORDS and me to fully fund late that which he holds true. among many other capacities. the EPA Brownfields program, which So many times, politicians come to That path of service to Minnesota led to would accelerate the cleanup and rede- Washington with strongly held convic- his own election to the Senate. Mark and I velopment of brownfield sites, pro- serve together on both the Senate Armed tions and a desire to do good and in- Services Committee and the Permanent Sub- tecting human health, and creating stead take the more expedient path to committee on Investigations. As the ranking jobs. Senator CHAFEE is a member of reelection and power. When it comes to member on both committees, I have wit- the Senate’s Smart Growth Task GEORGE ALLEN’s career, no one can say nessed in Mark a Senator who is passion- Force, which promotes growth and de- he ever abandoned his belief in the vir- ately dedicated to public service. Mark reads velopment that protects the environ- tues of a small government and lower the long reports, he attends the dry meet- ment and preserves critical habitats. taxes. These are the very beliefs I hold ings, he masters the difficult material, and LINCOLN CHAFEE has also been a true as well, and I was glad to have he asks the tough questions with a dis- strong voice for fiscal discipline. He arming directness and quizzical curiosity. him on my side. ‘‘On the Permanent Subcommittee on In- has repeatedly opposed reckless tax At its heart, politics is a battle over vestigations, Mark has been a strong voice in cuts and supported pay-as-you-go budg- ideas. Our distinguished Senator from our hearings examining abusive tax shelters et rules to bring the budget back into Virginia earned the respect of us all for and offshore tax havens. Mark has been a balance. The bipartisan Concord Coali- the pitched battles he fought to ad- leader on prescription drug issues, and he tion has twice recognized him for his vance the cause of freedom and eco- even donates his Senate salary to help sen- fiscal responsibility. nomic growth for the United States iors buy prescription drugs they could not LINCOLN CHAFEE has also been an im- and the world. otherwise afford. And Mark has been a great portant voice on foreign affairs. He battler on issues common to our two states, Personally, I have admired GEORGE took a courageous stand in 2002 as the including fighting on behalf of our steel and ALLEN for a long time. In my opinion, mining industries and to strengthen our lone Republican to vote against the his demeanor, his knowledge, and his Northern Border. Iraq war authorization, and he has drive are all exemplary and worthy of As part of our work on the Armed Services served well as the chairman of the Near emulation. Every interaction I have Committee, Mark traveled with Chairman Eastern and South Asian Affairs Sub- had with GEORGE over the years has Warner and me and six other Senators to committee of the Foreign Relations done nothing but bolster my original Iraq, where we saw firsthand Mark’s deep Committee. opinion of him. He reminds me more of dedication to the men and women of our I want to close by noting that LIN- Armed Forces. After allegations surfaced Ronald Reagan than any national poli- COLN CHAFEE remains widely respected that our troops in Iraq had been given con- tician I have met. That is a high com- taminated water by a contractor, it was and admired in Rhode Island, as well as pliment for a great statesman. I would Mark’s insistence that led to an ongoing in- among his colleagues on both sides of like to take this time to thank my vestigation into the contractor’s actions. the aisle in the Senate. His father friend, GEORGE ALLEN, and to wish And Mark has been a true champion for our would have been very proud of how well him, Susan, and the rest of the ALLEN National Guard and Reserve forces, working LINCOLN CHAFEE has served the people family the very best as he leaves this forcefully to ease their difficult transition of Rhode Island. great institution to take on new chal- back to civilian life when their tours of duty I thank him for his service to our lenges.∑ finally end. country and wish him and his wife As Mark writes the next chapter in his own Stephanie all the best. MARK DAYTON life, he can return home to the people of his Mr. LEVIN. Mr. President, as Sen- beloved Minnesota knowing that he has JIM JEFFORDS ator MARK DAYTON prepares to leave served them honorably and well. Some of Mr. President, when this session of this body, I would like to share with them will probably insist on calling him Congress comes to an end, Senator JIM

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I also know how passionate Sen- instrumental in passing the 1990 Clean to work with Senator DEWINE on issues ator FRIST is about national security Air Act, and he chaired the Environ- affecting the Great Lakes, which are and defense. We were able to travel to ment and Public Works Committee critical for our States’ economies and and around Iraq together, and while from 2001 to 2002. He has fought for for our environment. Since 1999, he and there, we had the opportunity to per- policies that encourage renewable en- I have served as cochairs of the Great sonally thank some of our troops for ergy use and that reduce emissions of Lakes Task Force and have shared a their courage and incredible sacrifice. I carbon and other pollutants. commitment to protecting and restor- was appreciative to have that experi- Senator JEFFORDS is a strong being these national treasures. We have ence with someone who certainly liever in promoting economic develop- fought to protect the lakes from knows the meaning of service. ment that also protects the environ- invasive species, to improve water On a personal note, Senator FRIST ment and preserves the landscape. In quality, to create a long-term restora- made sure that I would be able to pay the 1960s, when he served as a State tion plan, and to expand public access my respects to Pope John Paul II—and senator and then attorney general of to the lakes. I cannot say enough about how much Vermont, JIM worked on the most com- Senator DEWINE’s service here has that has meant to me and to my fam- prehensive State-level growth manage- also been characterized by his commit- ily. Thank you for that and for your re- ment policy in the United States. JIM ment to children and children’s health, lentless leadership. Thank you for your continued these efforts as a U.S. Sen- and he has been willing to work in a bi- time and for your counsel. Thank you ator, and I joined with JIM in 1999 to partisan way to make progress. He has for your friendship. form the Senate’s Smart Growth Task worked with Senators DODD and JACK Senator FRIST is a fine senator and a Force, a bipartisan, multiregional cau- REED to prevent teen suicides and with true gentleman. We will miss him a cus. Senator CLINTON to ensure that drugs great deal here Washington. Yet, all of With JIM’s leadership, the task given to children are safe for them. He us know how well he will do as he re- force’s membership grew to more than has sponsored a bill with Senator KEN- turns to his long and distinguished ca- 20 Senators who shared the goal of de- NEDY to allow the Food and Drug Ad- reer in medicine. The people of Ten- termining how the Federal Govern- ministration to regulate tobacco. As nessee are fortunate to have back their ment can help States and localities ad- the chair of the District of Columbia revered Dr. FRIST. I wish my best to dress their own growth management Appropriations Subcommittee, he has Senator FRIST and his family always. issues. Out of this task force, a series also worked to reform the child welfare RICK SANTORUM of bipartisan legislative initiatives system in DC. Mr. President, today, I commend have emerged, including legislation to In addition to his bipartisan ap- Senator RICK SANTORUM for his dedica- promote brownfields development, sup- proach, Senator DEWINE has also tion to public service and accomplish- port urban and town centers, provide shown a willingness to take politically ments as a legislator. Above all, I ad- transportation funding and access, and difficult positions when he believes mire the Senator’s commitment to the conserve open space and historic struc- they are the right thing to do. Last people of his home State, Pennsyl- tures. year, for example, he joined a bipar- vania, and to his family. Throughout Senator JEFFORDS has also been a tisan group of 14 senators who worked strong leader on education, job train- to forge a compromise on judicial his 12-year tenure in the U.S. Senate, ing, and disability legislation and nominations and to save the Senate he relentlessly fought to pass legisla- served as chairman of the Health, Edu- from the so-called nuclear option. That tion benefiting the welfare of, not only cation, Labor, and Pensions Committee step helped to diffuse a tense situation his constituents, but Americans every- from 1997 to June 2001. He has a par- and to protect the Senate as an institu- where. In addition, Senator SANTORUM ticular passion for improving education tion. has been a great advocate in the effort for students with special needs and co- I have great respect for MIKE to find a cure for the Global HIV/AIDS authored the Individuals with Disabil- DEWINE’s integrity, his commitment to pandemic and a strong supporter of the ities Education Act. JIM JEFFORDS is his State, and his willingness to seek war on terror. He has represented the also a strong advocate for fairness and progress over partisanship. I wish him American people well. has sponsored legislation to end dis- and his wife Fran well in their future As a colleague, I would also like to crimination based on sexual orienta- endeavors. thank Senator SANTORUM for his strong tion and to strengthen penalties for BILL FRIST leadership as chairman of the Senate hate crimes. Mr. MARTINEZ. Mr. President, Republican Conference. During his Senator JEFFORDS became a house- today, I rise to acknowledge and honor time in Washington, RICK has always hold name and earned a spot in Senate the good work and service of my col- maintained the importance of family, a history in 2001 when he left the Repub- league from Tennessee, Senator BILL value that I admire and share. He has lican Party, creating a Democratic ma- FRIST. As a Senator for the past dozen also provided valuable guidance to me jority in the Senate. That action years, and majority leader for the past in the past and will be missed. I wish stunned Washington. But for those of four, Senator FRIST has been a leader my colleague from Pennsylvania, his us who have been fortunate to know of strong resolve on behalf of his home wife, and children all the best in the fu- him over the years, we were not at all State and our entire Nation. His work ture. Thank you for your service. surprised that JIM JEFFORDS had fol- in the U.S. Senate will be remembered GEORGE ALLEN lowed his conscience and his deep com- for a long time to come, and I person- Mr. President, today, I recognize the mitment to the interests of the people ally owe Senator FRIST a debt of grati- service of Senator GEORGE ALLEN. The of Vermont and did what he believed to tude. citizens of Commonwealth of Virginia be right. He has been an advocate of the off- and the American people are losing a I want to wish JIM and his wife Eliza- shore drilling agreement that would great patriot in the U.S. Senate. Sen- beth well as they enter a new phase in benefit not only the people of my home ator ALLEN will be leaving the Senate their lives. State of Florida, but millions of Amer- after 6 years of service to his home MIKE DE WINE icans living in the gulf coast region— State constituents and to this country. Mr. LEVIN. Mr. President, I would this plan would reduce America’s reli- He has been an important member of like to take a moment to pay tribute ance on foreign sources of energy and the Republican Party and the Senate, to our colleague from Ohio, Senator is vital to our future. I applaud Sen- always striving to better America’s de- MIKE DEWINE. Senator DEWINE is a ator FRIST for recognizing and acting fense and homeland security. He has truly decent, thoughtful individual so decisively on this important issue. worked to ensure good-paying jobs for

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11715 the people of Virginia, and to guar- was going to be a rough campaign be- message—and how to effectively advo- antee that every person in Virginia re- cause he was battling a seven-term in- cate and present it. He is a great per- ceives a quality education. It is dis- cumbent who had a lot more money suader as well, and he has been a valu- appointing that a strong leader like than he did. So, RICK knocked on 25,000 able part of many efforts to pass legis- Senator ALLEN is leaving the Senate; doors and put together a grassroots ef- lation. He is someone who likes to get he will be missed. Senator ALLEN was fort that included people from many things done, and that ability has been one of the people who helped convince different backgrounds who wanted to recognized here in Washington and me to run for the United States Sen- work with RICK on a wide range of back home in Pennsylvania by mem- ate, and without his support and his issues. In the end, when the election bers of both parties. When it comes to guidance, I might not be here today. was over and the votes were counted, a difficult bill, RICK has the conviction, I wish my colleague from Virginia RICK had won. It was clearly RICK’s courage, and persistence to work and his family all the best, and thank personal touch and his enthusiasm for through our difficult process and get them for the service that they have the job that had been strong enough to the job done. His defense of life on the given to our country. Thank you, Sen- overcome every obstacle—even a short- floor has made a difference and it will ator ALLEN. age of financial resources. continue to do so. RICK SANTORUM It wasn’t long after that RICK was RICK knows that one person doing the Mr. ENZI. Mr. President, when I look elected to the Senate after another dif- right thing is a majority. He knows back on the years I was fortunate ficult campaign battle. Again, the crit- that has cost him in the past, but he enough to have served in the Senate ics said it couldn’t be done. Once again, will be the first to say that it has been with RICK SANTORUM, I think I will RICK showed them he could do it. worth it, and people will see that in the most remember him for his strong and As soon as he arrived in the Senate, long run it is all about standing up for passionate belief in the principles he he continued to fight for the principles what you believe. fought for on the floor, the unwavering he believed in, regardless of what oth- I have always believed that life is a support he always gave his friends, and ers predicted the outcome would be. He great adventure and God has placed us the powerful way he expressed himself fought for the tough causes without re- where he needs us, when he needs us to on the issues that came before the Sen- gard for the outcome because he be there. I know that God has special ate. couldn’t be silent when the rights of plans for RICK. We haven’t heard the Whenever there was a problem ahead, the unborn were denied or a cherished last from him. There is another battle, it was always good to know RICK was in principle was at stake. It was a com- a greater cause for which he is needed, your corner. In fact, RICK was one of mitment borne of his deep and abiding and I am looking forward to seeing my first supporters when I was running faith. In fact, I can’t think of anyone where God will see fit to place him in for the U.S. Senate. Everyone who runs who is a stronger man of faith than the months to come. for the Senate for the first time has a RICK is. His faith is a great part of who RICK SANTORUM has been a great great need for funds. I was no excep- he is, and it forms the basis of his char- friend during the time I have had a tion. RICK gave me a check that I later acter. chance to come to know him. His ex- noticed was not signed. I needed the I heard a story about the last cam- pression of his faith and all he has help and I would gladly have walked paign about RICK and a trip he and his shared with us at our Prayer Break- halfway across the District of Colum- wife were making so RICK could appear fasts will stay with me because they bia to get his signature to make the on ‘‘Meet the Press.’’ It was near the were a powerful and memorable affir- document official, but when he learned end of what had been a long and dif- mation of his belief in God. I hope he that I needed his endorsement on the ficult campaign and anyone else would continues to weigh in on the issues check he had so generously helped me have been exhausted. Not RICK. He was that come before the Senate. We can obtain, he dropped everything he was fighting for a cause that he believed in, always benefit from the views and ad- doing and came to where I was to sign and he was, once again, full of that re- vice of someone who says what he the check for me. markable energy he called upon for all means and means what he says. In the years since my election, RICK of his political campaigns. has shown time and time again that he As they headed down the road toward JIM TALENT is a thoughtful, genuine person on Washington, RICK and his wife talked Mr. President, soon the last remain- whom I could rely. He has a great mind about how hard the campaign was and ing items of business on the legislative for politics and his heart is with the how it had affected them and their calendar for the current session of Con- people of Pennsylvania whom he has family. As they thought about the bat- gress will be completed and the current represented so well. I have often relied tle that was still before them, they session will be brought to a close. on him for the way he would quietly began to talk about RICK’s opponent When it does, several of our colleagues offer me his good advice, support me and the toll the battle was undoubtedly will be returning home and ending when we took up issues that were big taking on him and his family as well. their service in the Senate. We will concerns of the people of my State, Without hesitation, as they drove to miss them, and we will especially miss mentor me on how to get things done Washington for the televised debate, the good ideas and creative energy around here, advise me on procedure, they took the time to pray for his op- they brought to their duties in the U.S. and help me to advance the causes that ponent and his family in the hope that Senate. were common to the people of our God would bless them and give them JIM TALENT is one of those individ- States. The people of his home State all the strength they would need to uals we will miss because of his can-do could not have had a more active and complete the campaign. Then they spirit and his determination to make a effective advocate through the years, would leave the matter to the voters to difference. He cares a great deal about and he will be very hard to replace. decide. That is how strong a part of his our country, and he came to the Con- As any observer would note, RICK’s life RICK’s faith is. gress determined to make this a better career has been nothing short of amaz- In the years to come, I think RICK place for us all to live—especially our ing. At every step in his political life, will often come to mind, standing with children and our children’s children. critics would tell him his vision was an us on the Senate floor, taking on a That is why he has always been so fo- impossible dream. In response, RICK cause that has driven him to act. RICK cused on the future of our Nation and would take his case to the people, and is known as a scrapper, but he is much the need to solve the problems that time after time he would prove the more than that. He is a warrior, the face us before they overwhelm us. naysayers wrong. That is because RICK kind you want on your side when the I first met JIM when he was the knew the value of hard work and he going gets tough. He is also a brilliant chairman of the House of Representa- also knew the first law of politics—it is tactician, and if there is anyone who tives Small Business Committee. Com- not where you start, it is where you can develop and implement a winning ing from a small business background finish—and RICK made a habit of fin- strategy on the floor or in the field, myself, I was determined to do every- ishing first. that individual is RICK SANTORUM. thing I could to eliminate the redtape When RICK ran for a seat in the U.S. RICK has been a winner over the that too often serves to discourage in- House of Representatives, he knew it years because he knows the value of a stead of encourage the growth of our

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11716 CONGRESSIONAL RECORD — SENATE December 8, 2006 small businesses throughout the coun- ity to listen to all sides of an argument a close look to see if there was some- try. and create ways around the obstacles thing that needed to be added to in- At the time, JIM was working on a that were preventing us from taking crease the protections available to our number of issues in his committee that action. He is a leader, an innovator, Nation’s children. I was working on with the Workplace and most of all, a friend to all who MIKE understands full well that our Safety and Training Subcommittee of have come to know him. children are our most important re- the Health, Education, Labor, and Pen- Thanks, JIM, for your dedication, source. If we don’t help our Nation’s sions Committee. Together we began to your persistence, your courage, and the families do a good job of raising their focus on some OSHA issues and other many capabilities you brought to your children, nothing else we do, no matter matters affecting the workplace that work on the Senate. You will be missed how well we do it, will matter much in needed our attention. We came up with around here. Good luck in whatever the long run. a plan to work them incrementally, you choose to do in the days to come. Some people might be surprised to and by taking them up piece by piece, You will always have our support and learn how well MIKE has used his time bit by bit, we were able to get some our appreciation for your determina- to work with members on both sides of things done that might have otherwise tion to make this country’s health care the aisle. To MIKE, it was just common been put off for another day. Over a system work as it should. sense. You never know how long you couple of years, we were able to pass MIKE DE WINE will be a member of the Senate, he into law some of the first changes in As each congressional session draws would say, so it makes sense to use the history of OSHA. Each step was a to a close, we work as hard as we can your time wisely. small victory for the workers of Amer- to try to tie up all the loose ends and As the chairman of the Senate HELP ica. Taken together, the results gave finish as much of the pending legisla- Committee I can attest to the fact that us both hope that we would collaborate tion as we possibly can. As we do, we he has used his time wisely. He has on bigger and bigger things in the fu- also take a moment to say goodbye to been a great addition to the committee ture. some of our colleagues who won’t be because he is an expert on children’s Back then, JIM had a decision to with us during the next Congress to issues and issues affecting older Ameri- make. He was very popular back home share with us their insights, wisdom cans. I have watched him carefully and he probably could have stayed in and creativity. work on a number of bills dealing with the House for quite a long time, but he As the chairman of the Senate Com- a wide variety of topics. He always decided he wanted to run for statewide mittee on Health, Education, Labor comes to our meetings, well prepared, office. That call eventually led him to and Pensions, I know I will miss MIKE fully focused, and committed to mak- run for the Senate. It was a difficult DEWINE when the committee meets to ing a difference for the people of Ohio battle, but JIM emerged with a begin its schedule of activities next and the rest of the Nation. wellearned victory. year. MIKE has always been a particu- MIKE is very much a people person, I was delighted by his decision to run larly hard-working member of the com- and he and his wife Fran have made for the Senate and even more enthused mittee and I know my colleagues on regular trips to Haiti to work with the by his victory. It proved what I had al- the committee and I will miss his per- poorest of the poor. I have often heard ways thought about JIM, that he is a spective and his tireless commitment it said that God must love the poor be- hard worker and he is always there to and his dedication to the issues affect- cause he made so many of them. Fortu- fight for what he believes in. ing children and families. nately, God also made people like MIKE During his service in the Senate, JIM Working with MIKE has been a pleas- DEWINE to plead their case for them in has been a champion for the people of ure. We have a great deal in common— Washington and work with them his State and an expert on health plans beginning with our mutual enjoyment around the world in an effort to make for small businesses. When he was in of the old-fashioned ice cream social their lives better. the House he had served on the con- back home. It is a tradition for both of The ice cream social I mentioned ear- ference committee for the Patients Bill our families and our political lives be- lier has become an annual tradition of Rights. He got the health plan legis- cause it is a great way to get everyone and Fran and the friends she recruits lation we wanted in the report, but the together to talk about current events are now famous for their hospitality as report, was never voted on. Now that while enjoying everyone’s favorite des- they put on what must be the world’s he was in the Senate, he was working sert. biggest pie and ice cream social. on a number of issues but none as hard No one ever said that politics was an That is just part of the full schedule or as focused as he was on passing the easy career to follow and, true to form, MIKE and his family maintain every small business health plan into law MIKE has had a number of hurdles year here, in Ohio and around the that he had helped shape and draft. placed before him that took some doing world taking on the causes he and Fran In the end, we were able to get 56 for him to overcome. hold dear. If you want to know what votes in the Senate for our plan, but it He began his career of public service kind of a year MIKE has had, take a takes 60 to force a matter to a vote. as a county prosecutor. He took a look at his Christmas card. If you do, That meant we were just four votes tough stand against crime and people you will see an amazing collage of pic- short of the total we needed to pass noticed. Then, he was elected to the tures of his family and all that has this legislation and address the issue of Ohio Senate. That led to a run for a taken place in their lives over the past health care for small businesses and seat in the Congress. He faced a tough 12 months. It serves to emphasize his people all across the country. primary fight, but wound up at the top great belief in the importance of fam- I know we will miss JIM’s participa- of a field of six candidates. Then, when ily and family activities. It is a value tion when we take up this issue next the general election was held, he was Diana and I and so many of our col- year, but I expect he will find a way to elected to serve the people of his dis- leagues share. keep our feet to the fire and remind us trict in the House of Representatives. In the years to come, whenever I that the people of this Nation are ex- In the years to follow, MIKE had some think of MIKE DEWINE, I know I will pecting us to get something done to more tough battles. He didn’t always think of those Christmas cards, which I help address their health care needs. I win, but he never quit. That spirit of hope to be still receiving, and of the look forward to hearing from him with dedication and commitment of his smiles and happiness reflected on each his suggestions and thoughtful com- helped him to win a seat in the Senate, face in the pictures on that card. They ments about the bill that emerges from representing the people of Ohio he had tell me that MIKE and Fran DEWINE committee next year—how to improve been fighting for over the years. His have learned one of life’s most impor- it and, more importantly, how to pass election gave MIKE a new forum from tant lessons. Fame and fortune are all it. which to promote his principles, and he too often fleeting and evasive things in In the years to come, I know I will soon proved himself to be a champion life. In the end, and every day, the miss JIM and his creative ideas and en- for children and family values. As bill most important part of our lives has to thusiasm for getting things done. JIM’s after bill came to the Senate floor for do with the strength of our faith, the greatest asset has always been his abil- our consideration, MIKE always gave it bonds that tie our families together,

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11717 and the friendships we develop along for his having worked on it or sup- thin—the good and bad—the wins and the way that help us to fully appre- ported it through the years. losses—and the highs and lows of polit- ciate and enjoy all that life has to As we have watched CONRAD roll up ical life. Time changes so many things offer. his sleeves and get to work on any of a in our lives, but one thing it never MIKE DEWINE is truly blessed to have number of issues, he has always im- changes is a friendship. Thankfully, a family which has shown themselves pressed us with his understanding of those only grow deeper and stronger to be role models on all three of those complex issues and their short-term with time. special values. I know I will miss him, and long-term implications for our so- As we say goodbye to CONRAD BURNS, but, I also know I won’t forget him and ciety such as the Internet and the de- I know I will still be seeing him, hear- Fran. velopment of modern technologies. In ing from him and spending time with CONRAD BURNS fact, I don’t think anyone knows more him now and again. Change is tem- Mr. President, the 109th Congress about broadband and communication porary, friendships are permanent, and will soon be drawing to a close. As it issues than he does. He is probably the I know my family and I are looking does, we will be casting our final votes greatest expert in the Senate on those forward to continuing to share our on the issues we will take up this year, matters and I know I will continue to lives with CONRAD and his family. We and saying goodbye to several of our seek his advice and counsel about them can’t ever let change ‘‘change’’ that. colleagues who will not be with us for when these or related issues come to BILL FRIST the start of the 110th session of Con- the floor in the months to come. Ms. SNOWE. Mr. President, I rise gress. I know I will miss them all for That is an impressive start, but it is today to honor Senator BILL FRIST, the creativity, imagination and firm not all you will find when you examine whose sense of public service harkens resolve they have brought to the con- CONRAD’s record of service. CONRAD has back to ancient Athens when every cit- sideration of the issues we have worked also been a hero to small businesses izen, in order to be called an Athenian, so hard to address for the past 2 years. across the country. He understands served in a public capacity for the good One of our colleagues I know I will their importance and he is fully aware of the state. And it is more than fitting miss in particular is CONRAD BURNS. that our Nation’s small businesses are that this Senator, this son of Ten- Throughout my service in the Senate the backbone of every State’s economy nessee, comes from the only place in he has been a remarkable friend, and and our national economy as well. the United States with a full-scale rep- People around the country have come the kind of person you would want on lica of the Parthenon, for BILL FIRST— to know CONRAD as he exercised his your side if a battle on the Senate floor like the Athenians of old—sees himself strong and effective leadership on the was about to take place. For 18 years first as a citizen above all else. Appropriations Committee. He was al- he has been a remarkable Senator and Senator BILL FRIST and I arrived in a strong and effective representative of ways very careful with the people’s the U.S. Senate in the same class in money to ensure it was effectively the people of Montana. It just won’t be 1994. And only 9 years later, he was spent. the same around here without him. chosen Senate majority leader—a rapid For my part, I will always remember CONRAD BURNS is a true westerner— ascent by anyone’s count. In the time CONRAD as one of my greatest mentors through and through—and very proud in the Senate. Thanks to him, I learned that Senator FRIST has served his of his western roots. He has always a great deal about the hearings process country in the position of leader, he been strongly committed and abso- and how it works. I learned the impor- has worked ceaselessly to translate lutely loyal to the United States and tance of putting a hearing together ideals and principles into tangible im- to his home State of Montana. He that would generate good ideas to solve provements in the daily lives of the showed his commitment to each at an difficult problems. That enabled us to American people. For me, it has been a early age. First, his love of his country address the concerns of the ranchers of tremendous privilege over the years to showed itself when he decided to leave Wyoming, Montana and the West and work closely with him on many issues home and join the Marines. Then, when take a closer look at the destruction and serve with him on the Senate his tour of service was completed, he caused by the fires in our States. As we Budget Committee and the Senate returned to Montana and began a ca- examined those issues during our hear- Committees on Commerce, Small Busi- reer that was going so well his em- ings in Montana, I got a chance to see ness, and Finance. ployer wanted to transfer him to an- how he handled the gavel and exercised Senator FRIST’s allegiance to serving other State where he thought CONRAD his leadership as chairman. That expe- others has been nothing short of exem- would be more effective. That is when rience helped me to plan and hold my plary. He went into medicine because CONRAD’s love for his home State of own hearings and ensure a maximum he cared about people. His profound Montana showed itself and he quit a amount of participation and discus- dedication to public service—to the promising career rather than leave the sion. American people and the people of Ten- State he loved so well. CONRAD has also been a good friend nessee—grew out of an earlier devotion Instead, CONRAD set up the Northern over the years we have served together to thousands of men and women whose Ag Network, which grew from 4 radio in the Senate. We have fished and dilemmas and struggles Dr. FRIST came stations to 29 radio stations and 6 tele- golfed together. We have worked to- to understand firsthand. No wonder he vision stations. Then, as things were gether on issues of concern to Wyo- takes such great pride in being known going so well with that project, he ming, Montana and the West and we as a ‘‘citizen legislator’’—and with began looking for a new challenge. He have voted together. We have gone to good reason. found it when he ran for Yellowstone quite a few sporting events together As he prepares to leave this Chamber, County commissioner and won. It was usually to watch the Wyoming and we recall that when the leader spoke the start of a great political career for Montana teams play each other. I seem about America’s uninsured or the ris- him and the more the people of Mon- to recall that Wyoming usually got the ing cost of health care or about the tana got to know CONRAD BURNS, the better of those encounters. I think dangers posed to our communities by more they liked him. CONRAD may recall those games dif- the threat of bioterrorism, his insights CONRAD then decided to run for the ferently, but I am pretty sure the Wyo- are rooted, not in theory, but in years Senate and ever since he came to ming teams always finished ahead of of up-close and personal contact with Washington, CONRAD has compiled the others. the people who sent him to Washington quite a remarkable record of service. Our families have enjoyed each other in the first place. We also remember He has made great decisions for our as well. Our wives are best friends in that Senator FRIST was the first prac- country as he has watched out for the the western sense—not the Wash- ticing physician to occupy a U.S. Sen- best interests of the people of Montana. ington, DC sense. Our kids grew up to- ate seat since 1928—in fact the sign on He has made a difference on the local, gether and they have remained close— his office door didn’t say ‘‘majority State and national level. Here in Wash- even through those times when they leader’’—it fittingly read, ‘‘Dr. BILL ington, he has championed some amaz- were miles apart. FRIST, M.D.’’ ing projects and issues and there is a Most important to me, CONRAD has He has held his oath of office with lot of legislation that bears his mark been my friend through thick and distinction, just as he has kept to the

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11718 CONGRESSIONAL RECORD — SENATE December 8, 2006 2000-year-old Hippocratic precept ‘‘to resolve by combining business develop- environment and by doing so became do no harm,’’ and in fact, he has gone ment with environmental advocacy. one of the best advocates these issues well beyond that tenet, as he has done Unflagging in his dedication to the have ever had. and will continue to do a world of good. precepts of personal responsibility and In 1975, Senator JEFFORDS, as the We will miss his perspective and lead- freedom, fiscal accountability, and ranking member on the subcommittee ership and wish him and Karyn all the serving the public interest, LINCOLN on select education, coauthored what best as they pursue this next phase of CHAFEE has, with honor and distinc- would later be known as the Individ- their life and service together. tion, brought intelligence, vigor, and uals with Disabilities Education Act, LINCOLN CHAFEE courage to the U.S. Senate from de- which has provided equal access to edu- Mr. President, I rise today to pay bates about foreign policy and home- cation for millions of students with tribute to my great friend, Senator land security to marshaling health disabilities. Since its enactment, Sen- LINCOLN CHAFEE, a public servant who care efforts to confront breast cancer ator JEFFORDS has continued to fight exemplifies the idea that superior gov- and long-term care. for full Federal funding for the law. He ernance depends on people of good will Whether serving as captain of his has fought to reduce industrial pollu- working for the common good—to- university wrestling team, working as tion and acid rain, and as a member of gether. He epitomizes the New England a blacksmith at harness race tracks, or the Senate Environment and Public pragmatism in government that sees serving the highest ideals of public Works Committee he ensured the pas- not weakness but strength in reaching service, LINCOLN CHAFEE has dem- sage of the 1990 Clean Air Act. More re- across the aisle to build consensus and onstrated an independence, resiliency, cently, Senator JEFFORDS has intro- make the system work for those it was and strength of purpose that has made duced legislation that would clean up formed to serve. him a credit to this institution and an polluting powerplants and create in- When I consider Senator CHAFEE’s example for his country. centives for investments in clean, re- tenure, I cannot help but think how he I wish Senator CHAFEE, his wife newable power. has so successfully forged his own Stephanie, and their children all the In 2001, during the tax-cut debate, as pathway and legacy of exceptional best for the future. we were working to ensure a fair but a service in the U.S. Senate, while hon- JIM JEFFORDS fiscally-responsible compromise, Sen- oring the formidable contributions of Mr. President, I rise to express my ator JEFFORDS and I combined to advo- his extraordinary father, John Chafee. enormous gratitude and deep apprecia- cate for significant relief for the work- Senator CHAFEE has brought level- tion for my good friend and colleague, ing poor. In 2003, during intense nego- headed leadership on myriad issues Senator JIM JEFFORDS. President John tiations, we joined forces to ensure pre- critical to our progress as a people, al- Adams, who served as the first Presi- scription drug benefits for Medicare. ways with vigilant and careful atten- dent of this body, once exclaimed. ‘‘If And I could not have been more pleased tion to his beloved Ocean State of we do not lay out ourselves in the serv- to work with him in authoring the so- Rhode Island. ice of mankind whom should we called Snowe-Jeffords provision to the He has been a stalwart colleague and serve?’’ The answer given through the historic Bipartisan Campaign Reform friend in our mutual cause to revitalize years by Senator JIM JEFFORDS has Act. I couldn’t be more proud that our and advance the political center, in our been one marked by the eloquence of arguments were not only persuasive in concerted effort to answer the chal- his actions. the Senate but ultimately before the lenges facing our Nation by producing True Yankee independence and integ- U.S. Supreme Court after more than 3 not rancor but results, not acrimony rity are two of the hallmarks distin- hours of oral arguments, as the act— but accord. His loss not only dimin- guishing Senator JIM JEFFORDS. Our including our provision—was upheld. ishes the Senate but is also a loss for legislative service together dates back In the true spirit of statecraft, JIM the country because we need more to the 97th Congress and our participa- JEFFORDS has ennobled not only the voices seeking to craft compromise and tion together on the house Aging Com- art of public affairs but the public af- consensus to forge solutions, not fewer. mittee, ironically at much younger fairs component of art. Then-Congress- LINC CHAFEE was not only a political ages than we are today. We have also man Jeffords cofounded the Congres- neighbor of mine in the center of the served together on the Senate Finance sional Arts Caucus and has consist- political spectrum—where most Ameri- Committee. And I will forever fondly ently fought for financial support of cans consider themselves—but he has remember the monthly moderates the National Endowment for the Arts, been a next-door neighbor in my hall- lunches we attended together, just as I the National Endowment for the Hu- way in the Russell Senate Building, a will cherish the lunch we shared in the manities, and the Institute for Museum corridor also appropriately occupied by final days of his distinguished tenure and Library Services. Like my State’s my good friend Senator MIKE DEWINE, in the Senate. own Margaret Chase Smith, Senator who also epitomized the finest ideals of Indeed, so many achievements distin- JEFFORDS has been a public servant of public service. So I will profoundly guish this public servant and usher him deep and abiding conscience, but- miss seeing them not only in the Sen- into a prestigious pantheon of office- tressed by a profound courage and un- ate but also simply walking down the holders, whose common denominator is wavering love for his State and his hall outside my office. They were a uncommon commitment to addressing country. I wish him all the best. constant reminder of what is best and tough issues that truly affect the daily JIM TALENT most noble about public office. life of the people whom they represent. Mr. President, I rise to pay tribute to LINC and I worked hand-in-glove on Educated at Yale University and Har- Senator JIM TALENT, my colleague and issues of fiscal restraint and account- vard Law School, this son of a former friend whose capacity for being a cata- ability by calling for and advocating chief justice of the Vermont Supreme lyst on issues that he holds dear is the implementation of the pay-as-you- Court could have pursued any number truly remarkable—and will be missed go approach to the Federal budget. And of pathways in his life, but it testifies in the U.S. Congress. I believe it is instructive that he is to his strength of character and abun- In his first term in the U.S. Senate rightly considered a champion of the dance of integrity that he chose to use from Missouri, otherwise known as the environment, even as he championed his depth of learning, prodigious skill, Show-Me State, Senator JIM TALENT economic growth. But that is LINC—for and expertise on behalf of others with has shown—not just me—but his col- him, issues that may seem mutually the goal of service—a journey that leagues and his constituents that he is exclusive to those with intractable began with his active duty in the U.S. a person who cares about health care, dogmas could coexist naturally in his Navy in 1956 and that continued small business, economic growth, and vision of a world not so easily or appro- throughout his 32 years in the Con- defense. Whether during his 8 years in priately cast in hews of black and gress. From his days in the U.S. House the U.S. House or his 4 years in the white. Indeed, Senator CHAFEE’s fight in the mid-1970s—where he also served U.S. Senate, JIM TALENT has dem- to strengthen air and water quality with my husband Jock McKernan—to onstrated the fortitude and will nec- standards continues to resonate, a bat- the present, Senator JEFFORDS made a essary to meet challenging issues with tle he has waged with innovation and priority to champion education and the national implications.

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11719 In the U.S. House, as a freshman con- year’s debate over judicial nominations liberation, RICK’s energy has been re- gressman, he introduced the Real Wel- when MIKE—a dedicated member of the freshing and welcomed. Whether on the fare Reform Act of 1994, which became Senate Judiciary Committee—joined Senate Armed Services or Finance the basis for landmark, bipartisan wel- with me and a dozen of our colleagues Committees on which we both served, fare reform legislation. Never one to to form the Gang of 14. His courage and Senator SANTORUM invariably infused turn from a challenge, then-Congress- leadership helped broker a compromise policy debates with a fresh, informed, man Talent also managed to get asso- that preserved the principles and tradi- and vibrant voice on a range of critical ciation health plans legislation passed tions of this great institution. His loss issues, including national security, out of the U.S. House, not once but diminishes the Senate at a time when health care, economic development, twice. And he built on that success by we need more like MIKE DEWINE—lead- and combating AIDS. Indeed, RICK has working on that same issue in the U.S. ers committed to solutions over sound- been passionate in aggressively fight- Senate—indeed, Senator TALENT was bites. I will deeply miss seeing MIKE in ing the global pandemic of HIV/AIDS— an essential proponent of this impor- the Senate—for he was always a re- a scourge that brings tragedy to mil- tant effort to allow small businesses to minder of the finest ideals of public lions of men, women, and children pool their resources to lower sky- service. across the globe. Throughout his ten- Indeed, MIKE DEWINE has represented rocketing health insurance costs. ure in the Senate, RICK worked without I saw firsthand how the same inde- well the principles and pride of Amer- regard to political ideology or philos- ica’s heartland. As the son of parents fatigable energy that was indicative of ophy on this matter that truly rises who ran a small agricultural business, his commitment in the House was very above partisanship because he recog- he learned the value of diligence and much on display in the Senate as he nizes that compassion and humanism perseverance working in the fields and worked tirelessly with our leadership, are ideals too large and important to Labor Secretary Chao, the National in the mill. He has exemplified that unwavering be constrained by political labels. Federation of Independent Business, Finally, I well recall our legislative commitment throughout his career in and so many others on this critical service together in the House where public service, whether as a prosecutor, issue. As we go forward to identify a RICK was a vital champion for change U.S. Representative, Governor, or U.S. path forward on this vital matter, Sen- and an indispensable force behind an Senator and whether advocating for ator TALENT’s acumen and will to move agenda for reform. He unquestionably this issue will be missed in our cham- children, promoting humanitarian relief, aiding law enforcement, pro- engendered a transformative sensi- ber. bility that helped catapult Republicans I wish JIM TALENT and his entire tecting our natural resources, spurring job growth, increasing national secu- into the majority. family all the best for what I am cer- Senator SANTORUM has dedicated his rity through intelligence improve- tain will be a successful next chapter life to service to others, and I have no ments, or working to secure balanced in his life. doubt that he will continue to do so in budgets. And he has led many of these FAREWELL TO SENATOR MIKE DE WINE the future. Characterizing those efforts through his active and thorough Mr. President, I rise today to express achievements is his steadfast integrity committee work on Appropriations, my gratitude to Senator MIKE DEWINE, Judiciary—Health, Education, Labor and allegiance to deeply held beliefs. whose desire to do good has remained and Pensions—and Intelligence. But for all of his accomplishments and his abiding purpose and lifelong con- Above all else, I believe MIKE the titles that accompany them, those tribution to the people of Ohio, the DEWINE’s essential sense of humanity, that bring him the greatest satisfac- U.S. Senate, and his country. The mon- and the personal compass that guided tion, that he treasures above all, are iker of ‘‘bodyguard of the poor’’—which him in all he did in the Senate, was ex- that of husband and father. RICK he has been dubbed by many in his emplified by his final minutes on the SANTORUM has served his country and State—speaks volumes about Senator Senate floor—which he devoted to the people of Pennsylvania well, and I DEWINE’s tireless dedication to enrich- speaking of the soldiers of Ohio who wish him, his wife Karen, and their ing and helping others and about his had fallen in service to our Nation in children all the best. earnest efforts to defend the defense- Iraq. That Senator DEWINE sought as- Mr. BUNNING. Mr. President, I less and protect those in need. surance he would have this opportunity would like to pay tribute to the Repub- With a career in public service span- to honor the troops before the end of lican Members of the Senate who will ning more than 30 years, Senator MIKE the session is a testament to the com- not be returning in the 110th Congress. DEWINE has more than earned his rep- passionate heart of an exceptional Senators GEORGE ALLEN; CONRAD utation as hard-working, honest, com- man. BURNS; LINCOLN CHAFEE; MIKE DEWINE; passionate, and results-oriented. I first For all of his dedicated service to the Dr. BILL FRIST; RICK SANTORUM; and got to know MIKE when he entered the people of Ohio and to this country, un- JIM TALENT have served their constitu- House of Representatives the same doubtedly, MIKE DEWINE’s most cher- ents with honor and distinction during year as my husband Jock. I am proud ished achievement is his marriage of 39 their tenure here in the U.S. Senate. to say we served together in both the years to his wife Fran, their eight chil- All care very deeply for this great Na- U.S. House and Senate. In the 99th and dren, and nine grandchildren. I wish tion and I hope they will have contin- 101st Congresses, we both served on the them—and MIKE DEWINE—all the best. ued success in their future endeavors. House Committee on Foreign Affairs. RICK SANTORUM Senator CONRAD BURNS and I have And in the U.S. Senate, we were col- Mr. President, today I honor a prin- had a great working and personal rela- leagues on the Select Committee on In- cipled legislator, a passionate advo- tionship over the last 8 years. He and telligence, where issues of national se- cate, and stalwart son of Pennsylvania, his wife Phyllis have become dear curity and safety have been more para- Senator RICK SANTORUM, whose vitality friends of my wife Mary and me. I have mount then ever. America is most for- as a leader in both the House and Sen- enjoyed our time spent together both tunate to have had his thoughtful, con- ate was exceeded only by his excep- personally and professionally. CONRAD sidered approach on that committee tional dedication and extraordinary and I watched a baseball game with our and on so many other issues. Jock and civic contribution. grandsons a couple of years ago in I have treasured our longstanding During his 16 years in both the House Montana. CONRAD and Phyllis also friendship with MIKE and Fran DEWINE, and the Senate, RICK SANTORUM mar- joined Mary and me at the Kentucky and we have enormous respect for shaled his experience and skills in busi- Derby. I wish CONRAD and his family MIKE’s passion and depth of commit- ness and law to answer effectively and all the best as they start a new chapter ment. historically a clarion call to public in their lives. Indeed, he is a serious and delibera- service. And the bedrock hallmarks Senator RICK SANTORUM is a prin- tive legislative craftsman who sought that have been the constant catalysts cipled conservative who is not shy to to effectively represent his State and driving him are his remarkable passion tell you where he stands. He has served reach across the aisle in the true spirit and enormous resolve. the Commonwealth of Pennsylvania of the institution. At no point in time In the Senate, an institution known tirelessly for the last 16 years. RICK has was this more evident than during last rightfully and constitutionally for de- always been honest and upfront, and

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11720 CONGRESSIONAL RECORD — SENATE December 8, 2006 his passion will be missed. RICK and his named Chairman of the House Small statue as his inspiration, as it rep- wife Karen have six wonderful children Business Committee. Under his leader- resents Rhode Island’s founding prin- who all should be proud of how their ship, the committee passed many cru- ciples of political and religious free- dad represented Pennsylvania in the cial reforms for small business owners, dom. U.S. Congress. including tax relief and health insur- Senator CHAFEE has done an admi- Majority leader BILL FRIST has run ance provisions. rable job following in the footsteps of the Senate through difficult and trying When JIM joined the Senate in 2000, his father, Senator JOHN CHAFEE. times and he has done it well. Senator he continued serving his State while During his time in the Senate, Sen- MIKE DeWINE, my neighbor to the emerging as a powerful force for the ator CHAFEE has been committed to en- north, has represented the Buckeye good of his State and the Nation. vironmental issues as a champion for State with great distinction and has His work on the Energy Committee improved air and water quality. committed over 30 years of his life to has shown great foresight and has gal- Senator CHAFEE has remained stead- public service. Senator GEORGE ALLEN vanized our fight for energy independ- fast in his beliefs and a powerful voice represented the Commonwealth of Vir- ence. for Rhode Island. ginia in the U.S. Senate for 6 years, I am proud to have served with JIM RICK SANTORUM and he worked closely with me to make these past 6 years. Mr. President, Senator RICK America safer by helping usher I expect great things from his contin- SANTORUM has a distinguished career through important legislation to arm ued efforts on behalf of the Midwest. serving the people of Pennsylvania. cargo pilots. Senator JIM TALENT has MARK DAYTON Everyone knows he is a hard worker had a great career in Congress and Mr. President, I wish Senator DAY- who is defined by his determination, wrote the blueprint to the welfare re- TON well as he departs from the Senate. commitment to a core set of values, form bill of 1996. And Senator LINCOLN During his 6 years serving the citi- and unyielding optimism. CHAFEE has continued the proud legacy zens of Minnesota as their Senator, I His strong leadership in the Senate set forth by his father and my friend, got to know Senator DAYTON by work- led Senator SANTORUM to be elected Senator John Chafee. ing together with him on the Com- chairman of the Senate Republican Mr. President, I would like to again mittee on Rules and Administration. I Conference in 2001. commend all of our departing Repub- have seen first hand Senator DAYTON’s I have had the opportunity to work lican Senators. I am proud of what tireless efforts to protect the interests on a number of projects with Senator they accomplished here in the U.S. of his State. SANTORUM as the vice chairman of the Senate. They will all be missed, and I During his political career, Senator Senate Republican Conference. He wish all of them the very best. DAYTON has held many leadership roles joined with me in supporting and orga- GEORGE ALLEN for Minnesota, including commissioner nizing numerous leadership summits, Mrs. HUTCHINSON. Mr. President, of the Minnesota Department of En- which gave us opportunities to reach Senator ALLEN has spent many years ergy and Economic Development, State new constituencies. These summits working for Virginia. auditor, and, most recently, U.S. Sen- have been outstanding, and their suc- He came to the Senate in 2000 after a ator. cess was due in large part to our co- strong record of accomplishments as As the eldest of 4 children, he grew operation and Senator SANTORUM’s his State’s Governor. up knowing what it meant to set a leadership. As Virginia’s Senator, he has worked good example. I have no doubt that Throughout his tenure in the Senate, diligently to protect our freedoms, pre- Senator DAYTON will continue to serve he has committed himself to helping serve conservative values, and help as a shining example for his two sons. American families. America remain the land of oppor- I know that Senator DAYTON’s love He believes profoundly in the dignity tunity. for public service—and for Minnesota— of all human life and has consistently He was a strong supporter of the tax will remain strong in the future, and I fought for measures that protect the reforms of 2001 and 2003 that have re- wish him well. most vulnerable among us. He has sup- sulted in the economic upswing our MIKE DEWINE ported initiatives to strengthen and economy is currently enjoying. His work on the Internet Tax Non- Mr. President, MIKE DEWINE has protect Social Security, provide access discrimination Act has helped keep ac- spent more than three decades in serv- to affordable health care, and stop the cess to the Internet tax free. ice to his State and the Nation. HIV/AIDS epidemic. He also worked to increase military Senator DEWINE has maintained a Senator SANTORUM’s passion and benefits, including legislation to in- reputation of integrity throughout his commitment to his work is an admi- crease the death benefits for families of service as a State senator, Lieutenant rable quality that will be missed. It has fallen troops from $12,000 to $100,000. Governor, four-term Congressman, and been an honor to serve with him in the I have also worked with Senator U.S. Senator. He has built a record of Senate. ALLEN on the PACE Act. Senator service on making our Nation and the JIM JEFFORDS ALLEN understands that we must pro- world a better place for future genera- Mr. President, today we say goodbye vide our children with the education tions. to Senator JIM JEFFORDS after 18 years necessary for the jobs of tomorrow. His A father of eight and grandfather of in the Senate, serving the State of work with the National Nanotechnol- nine, Senator DEWINE is a devoted fam- Vermont. ogy Initiative will also help our coun- ily man. Throughout his years in the Senate, try compete globally as other countries He is a champion of children’s causes, Senator JEFFORDS has remained stead- continue to emerge. Senator ALLEN un- always focusing on protecting their fast in his convictions and beliefs. derstands that America must remain welfare and safety. As a proud citizen of the State of home to the best and brightest. Senator DEWINE has often reached Vermont, Senator JEFFORDS has made I will miss working with him in this across party lines to vote with his enormous efforts to ensure the inter- Chamber, and I will miss his friendship heart for issues in which he believes. ests of his State were represented in and support on the issues that matter His hard work and devotion will be the U.S. Congress. most to America. missed by the people of Ohio, whom I This is the legacy Senator JEFFORDS JIM TALENT know are grateful for his years of serv- has earned. Mr. President, JIM TALENT has a long ice. As a staunch proponent of environ- and honorable history of service to the LINCOLN CHAFEE mental issues, Senator JEFFORDS rose people of Missouri. Mr. President, it is no coincidence to leadership as chairman of the Envi- In the House of Representatives, he that Senator LINCOLN CHAFEE’s home ronment and Public Works Committee introduced the bill that laid the foun- State has an 11-foot-tall statue called in 2001, and he currently serves as the dation for historic welfare reforms. the Independent Man standing atop the committee’s ranking member. In 1997, he became the youngest State House in Providence, RI. In fact, Senator JEFFORDS leaves the Senate chairman in the House when he was Senator CHAFEE has referred to this with my respect.

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11721 CONRAD BURNS Dr. FRIST first came to Washington APPAREL IMPORTS Mr. President, Senator CONRAD in 1972 as an intern for Tennessee Con- Mrs. FEINSTEIN. Mr. President, I BURNS has had a long and distinguished gressman Joe Evins. Congressman rise today to discuss the assurances my career in the Senate as Montana’s Evins told the young intern that friend and colleague from Oregon and I longest serving Republican Senator. should he ever want to serve in Con- have received from U.S. Trade Rep- Since 1988, Senator BURNS has rep- gress, he should first excel in a profes- resentative, USTR, Susan Schwab and resented his constituents with honor in sion other than politics and then bring Assistant Secretary of Commerce the Senate. He has made sure that that experience back to Washington. David Spooner about the import moni- Montana’s unique, rural economy is Dr. FRIST did just that. toring program on Vietnamese textiles sustained through his support of bal- During a stellar 20-year career in and apparel. In response to concerns anced trade, high-tech investments, medicine, Dr. FRIST performed over 150 raised by Senator DOLE and Senator and small business. heart and lung transplant procedures, GRAHAM about the impact of Perma- Since serving as chairman of the including the first lung transplant and nent Normal Trade Relations, PNTR, Communications Subcommittee in the first pediatric heart transplant in for Vietnam, Ambassador Schwab and 1997, he has continually fought for the Tennessee and the first successful com- Secretary of Commerce Carlos Gutier- rollout of broadband in rural areas and bined heart-lung transplant in the rez wrote a letter stating their inten- pushed for new Internet and mobile Southeast. tion to monitor U.S. textile and ap- phone technologies to help Montanans He always hoped to one day serve parel imports from Vietnam and self- participate in our global economy. America at a broad policy level, where initiate antidumping investigations if Senator BURNS’ love for the outdoors he could advance medicine and improve the normal elements of an antidumping has made him a steward of our coun- the quality of life of the Nation. case can be demonstrated. The Com- try’s natural resources. As chairman of Dr. FRIST returned to Washington in merce Department will conduct a re- the Senate’s Interior Appropriations 1994, becoming the first practicing phy- view every 6 months, and the program Subcommittee, I have watched him sician elected to the Senate since 1928. will last until the end of this adminis- work tirelessly to protect and provide As a U.S. Senator, BILL FRIST has been tration. I ask the Senator from Oregon for our National parks and forests. Our one of the leading voices on health if he is aware of the concerns that have natural resources are being protected issues in America today. been raised about this program. He moved quickly up the leadership thanks to the work of Senator BURNS. Mr. SMITH. I am aware of the con- I know he is looking forward to return- ranks, becoming deputy whip in 1999, cerns, and I want to thank the senior ing to Montana and the great outdoors. chairman of the NRSC in 2000, and fi- Senator from California for her leader- He has been an ardent supporter of nally majority leader in 2002. ship on this issue. The apparel industry In the Senate, Dr. FRIST has worked making Government more fiscally re- is a very important segment of Or- tirelessly to strengthen Medicare, pro- sponsible and lowering our taxes, and egon’s economy, and my constituents vide seniors with better access to pre- he was often an ally on issues. back home are watching this issue very His leadership and strong conviction scription drugs, reduce health care dis- closely. There is a great deal at stake to do what is right will be sorely parities among races, and make health here for Oregon companies such as missed. care more affordable and accessible. Nike, Inc., and Columbia Sportswear He has also been one of America’s PAUL SARBANES that source apparel from Vietnam. strongest advocates for increasing These companies provide thousands of Mr. President, Senator SARBANES, funding for global HIV/AIDS. He spon- well-paying jobs to workers in my the son of Greek immigrants, embodies sored landmark legislation to provide State and infuse billions of dollars into the very heart of the American dream. $15 billion to combat global HIV/AIDS Oregon’s economy. I have heard from Senator SARBANES’ parents, who in African and Caribbean nations hard- them and other U.S. retailers about the never received a college education, in- est hit by the disease. This law will lit- impact the proposed monitoring pro- stilled in him the belief that no matter erally save millions of lives and stands gram will have on their businesses as where you go and what you see, you as one of the greatest public health ac- unilateral actions such as this can should always stand by your principles complishments in modern history. have a significant chilling effect on and never forget your roots. Many of us also remember DR. FRIST companies’ sourcing strategies. He became a Rhodes Scholar. utilizing his medical skills in 1998, Unfortunately, the administration Senator SARBANES served the people when a gunman shot and killed two did not give the apparel and retail in- of Baltimore with distinction and U.S. Capitol Police officers in the cap- dustry due consideration in its decision honor in the Maryland Legislature be- itol. The gunman was also shot and se- to monitor textile and apparel products fore coming to Washington to rep- riously wounded during the incident. from Vietnam. I am disappointed that resent them on a national level. Dr. FRIST came to the aid of Officer the administration chose to use our After a period of service in the House Jacob Chestnut, who later died of his trade remedy laws as a tool in the leg- of Representatives, he was elected to wounds, as well as the gunman, who islative process and not consult with the Senate in 1976. Since then, he has survived because of Dr. FRIST’s actions. other Members of Congress or the re- held numerous positions within the After the event, Dr. FRIST told Cap- tail industry before agreeing to create Senate. itol reporters: a new monitoring process. I share the Most recently, he served as the rank- At the time, I did not know he was concerns of my constituents that this ing member of the Senate Banking, the alleged gunman, and in truth, as a program will burden and discriminate Housing and Urban Affairs Committee physician, you try to focus on resus- against trade in textiles and apparel and as a senior member of the Foreign citation. from Vietnam. Relations, Budget, and Joint Economic People have said ‘‘If you knew that, I was pleased that the senior Senator Committees. would things have changed?’’ And the from California agreed to send a letter Today we bid him farewell after five answer is, ‘‘No.’’ with me to USTR and Commerce ask- terms in the U.S. Senate, which makes ‘‘As a physician, you’re trained to ing for assurances that the program him the longest tenured Senator in focus, and that’s what you do year would be implemented in a manner Maryland’s storied history. after year. You’re not a judge; you’re fully consistent with U.S. law and our PAUL is a good friend, and I will miss not a jury. You’re a physician.’’ obligations in the World Trade Organi- him. Dr. FRIST never stopped being a phy- zation, WTO, and that no new prece- BILL FRIST sician. Throughout his 12 years in the dent would be set; the program would Mr. President, I would like to con- Senate, he always had the Nation’s not establish any additional burdens clude with Dr. BILL FRIST, who has health in mind. He was always a cham- for importers and exporters of Viet- dedicated his life to helping people. pion of medicine, and his class and in- namese textiles and apparel; and U.S. Though many of us have come to tegrity is unquestioned. textile and apparel importers and re- know Dr. FRIST best in his current role The Senate will truly miss his leader- tailers will have the opportunity to reas our leader, his contributions to ship, and we will miss all of our depart- view and comment on how the program America exceed elected office. ing friends. is developed.

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11722 CONGRESSIONAL RECORD — SENATE December 8, 2006 Mrs. FEINSTEIN. I agree with the United States. This also means that, facturers of over-the-counter drugs to Senator from Oregon’s description of consistent with U.S. law, the domestic report serious adverse events to FDA. our concerns and the assurances we are producer will have to request moni- The Dietary Supplement Health and seeking from the administration. This toring and supply information about Education Act of 1994, DSHEA ensures matter was first brought to my atten- their employment levels and produc- that a broad array of dietary supple- tion by key retail constituents in my tion. This makes sense to me because ments are available to American con- State including companies like Gap, why would the U.S. Government mon- sumers. DSHEA protects consumer Inc., Liz Claiborne, and Limited itor a product from Vietnam that is choice and access to dietary supple- Brands. Retailers have expressed their not produced in the United States or ments that are safe and properly la- concern that the import monitoring that the U.S. domestic industry is not beled. program would create too much unpre- interested in being monitored in the This bill will preserve the safety and dictability and force companies to first place? It is also my understanding availability of dietary supplements modify their sourcing strategies and that according to U.S. law, any finding that benefit so many Americans. Al- accept the risk of and potential addi- of critical circumstance, which would though many dietary supplement man- tional cost of antidumping investiga- trigger preliminary antidumping du- ufacturers already give FDA reports tions and antidumping duties. They ties, would only be made during the they may receive regarding adverse share the concern expressed by the course of an investigation and not in events associated with their products, Senator from Oregon that the retail in- advance of an investigation. they are not required to do so. This dustry was not consulted before the ad- Mrs. FEINSTEIN. Mr. President, I legislation would add that require- ministration committed to setting up appreciate the Senator’s commitment ment, while keeping safe supplements the program. I was happy to join the and hard work on this issue. With the available to consumers. Senator from Oregon on the letter to assurances from Ambassador Schwab This proposal adds a new reporting USTR and Commerce, and I had hoped and Assistant Secretary Spooner, I will requirement for dietary supplements that we would receive a response before support legislation granting permanent and all manufacturers of over-the- a vote on PNTR on the Senate floor. Is normal trade relations status to Viet- counter, OTC, drugs to report serious it the Senator’s understanding that we nam. Would the Senator from Oregon adverse events to FDA. This is an en- will not receive a response to our con- agree that we will continue to follow tirely new requirement for supple- cerns before the vote? this process closely to ensure that ments. Some OTC drug manufacturers Mr. SMITH. It is my understanding USTR and Commerce live up to their are already required to report serious that lawyers from USTR and Com- commitments and implement this pro- adverse events. merce have advised Ambassador gram in a manner that is fully con- The reporting would be limited to se- Schwab and Secretary Gutierrez that sistent with U.S. law and our WTO ob- rious adverse events. We are talking because a notice has been placed in the ligations? about the kind of information FDA Federal Register announcing the cre- Mr. SMITH. Mr. President, I agree really needs—reports of death, a life- ation of the import monitoring pro- with the senior Senator from Cali- threatening experience, hospitaliza- gram and soliciting public comment, fornia, and I would like to thank her tion, a persistent or significant dis- they cannot provide a substantive writ- for standing with me on this important ability or incapacity, or a congenital ten response to our letter. Neverthe- matter. I too will support PNTR for anomaly or birth defect. less, Ambassador Schwab and Assistant Vietnam. Both of us are committed to Secretary of Commerce Spooner gra- a strong and mutually beneficial To ensure that unscrupulous com- ciously agreed to meet with the Sen- United States-Vietnam trade relation- petitors cannot damage legitimate ator from California and me to provide ship. Both of us understand how impor- businesses, the bill makes it a prohib- us with more information about the tant the vibrant and growing Vietnam ited act to make a deliberately false import monitoring program and how it market is to our constituents. I look adverse event report to a manufacturer will be implemented. forward to working with the senior or to the FDA. Mrs. FEINSTEIN. The Senator from Senator from California to provide ef- The bill also sets a 15-day time limit Oregon is correct. We had a robust and fective oversight of the monitoring for manufacturers to turn over reports substantive discussion. Ambassador program and ensure that the voice of of serious adverse events they receive. Schwab and Assistant Secretary retailers across the country are heard They must keep the reports for 6 years, Spooner assured us that the import in the discussion of U.S. trade policy. I and FDA is allowed to inspect the man- monitoring process will be fully con- trust Ambassador Schwab when she ufacturer’s records of adverse event re- sistent with U.S. law and applicable told us that she intends to have this ports. WTO rules. No new precedent would be monitoring process work in the way we This new Federal requirement would set. In addition, they also agreed that discussed in our meeting. As the senior replace any potential state require- the import monitoring process should Senator from California knows, we ments. However, States would still not harm U.S.-Vietnam textile and ap- have many difficult trade initiatives work with FDA on safety issues. parel trade, and they assured us that that we will consider next year. I, for And safety is what this bill is all no additional reporting requirements one, will measure my willingness to about. You need good data to make or other burdens would be placed on work with the administration on these good decisions. Most dietary supple- importers of textiles and apparel from upcoming initiatives, in part, based on ments are safe and should be available Vietnam. This means that it is their the good faith of the administration in to consumers. But just in case one intention that monitoring will be based implementing this monitoring process isn’t, FDA needs to have accurate, cur- upon information already collected in in a fair and normal way. rent information to decide when to act and what to do. This bill will help the the normal customs entry process or f otherwise available to the Government. agency get that information. Finally, they assured us that the views THE DIETARY SUPPLEMENT AND This bill is the result of a tremen- of our constituents and all Members of NONPRESCRIPTION DRUG CON- dous amount of work across party Congress would be taken into account SUMER PROTECTION ACT lines. I want to thank my colleagues as the process is developed. Is that the Mr. ENZI. Mr. President, today Con- Senators HATCH and HARKIN here on Senator’s understanding? gress acted in the interest of the public the committee, and Senator DURBIN, Mr. SMITH. Mr. President, the Sen- health by passing the Dietary Supple- for getting this bill started. I would ator from California is correct. Specifi- ment and Nonprescription Drug Con- also like to express my deep apprecia- cally, USTR and Commerce told us sumer Protection Act. I am extremely tion and thanks to the ranking mem- that it is their intention that any in- pleased that the House has now passed ber, Senator KENNEDY, for his hard vestigation would only cover those tex- this bill and sent it to the White House work during this process. We have pro- tile and apparel products imported for the President’s signature. This leg- duced a fair bill, and I am so pleased from Vietnam which are like or iden- islation would require manufacturers my colleagues on both sides of the Cap- tical to a product also produced in the of dietary supplements and all manu- itol have lent it their support.

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11723 (At the request of Mr. REID, the fol- my home State of Connecticut, a total attention. The finding notes that, lowing statement was ordered to be of 213 babies have been born to HIV- ‘‘Vietnam has taken cooperative steps printed in the RECORD). positive mothers since 2002. Of that with the United States under the f total, only one baby has been con- United States Joint POW/MIA Ac- firmed as HIV-positive. counting Command, formerly the Joint THE RYAN WHITE HIV/AIDS The bill passed earlier this week by Task Force-Full Accounting, estab- TREATMENT MODERNIZATION ACT the Senate contains many significant lished in 1992 by President George H. ∑ Mr. DODD. Mr. President, I rise improvements to title IV that were W. Bush to provide the fullest possible today to recognize the Senate’s unani- part of the legislation Senator BOND accounting of MIA and POW cases.’’ mous passage of the Ryan White HIV/ and I introduced. I believe those I serve as the cochairman of the U.S./ AIDS Treatment Modernization Act changes will improve the treatment Russia Joint Commission on POW/ earlier this week. It has been 25 years and services for women, families, and MIAs, and also have several close since the first AIDS diagnosis in the youth provided under the Ryan White friends who have family members who United States. At present, approxi- CARE Act. However, I am deeply dis- are POW/MIAs and continue to search mately 40,000 Americans are newly in- appointed in the authorization level for for their family members and for infor- fected with this disease each year, and title IV contained in the bill. All other mation that will bring them closure re- more than half of those diagnoses are titles of this bill authorize increases in garding their fate. in people under age 25. This is a disease funding except title IV, which is flat I think we can all agree that Viet- that has taken its toll on millions of funded. I pushed hard to secure a com- nam has in fact taken cooperative individuals and families, but as a result parable increase for title IV, and al- steps along the lines of POW/MIA ac- of combined Federal, State and local though I am disappointed with the counting with the United States. How- efforts to support individuals living final outcome, I realize this is an au- ever, I think we can also all agree that with this disease as well as advances in thorization bill, not an appropriations Vietnam needs to take additional steps treatment options, many Americans bill, and I will work to secure increased in this area. Specifically, I believe living with HIV/AIDS continue to have funding for this critical title. there are additional steps that Viet- thriving, productive lives. Unfortunately, it appears that the nam can take in providing the United Since 1990, when the Ryan White 109th Congress will come to a close States access to archives regarding CARE Act was first authorized, we without the House and Senate having POW/MIA cases in Laos and Cambodia. have made incredible strides in treat- passed a Labor-HHS-Education appro- Cases of US service members lost in ing and caring for individuals in the priations bill for fiscal year 2007. It is a Laos and Cambodia are particularly United States affected by HIV/AIDS. failure on the part of the leaders in the difficult to resolve due to the difficulty The number of new infections each House and Senate that we did not de- of access to both archival information year has dropped from more than bate this bill and have an opportunity and the actual locations where service 100,000 in 1990 to approximately 40,000 to increase funding for the Ryan White members are presumably missing. This today. Mother-to-child transmission CARE Act. As we look to the next Con- is a specific area in which I hope that has dropped from 2,000 to fewer than 200 gress, I urge my colleagues and the Vietnam can provide additional infor- cases annually. Life expectancy for whole advocacy community to join me mation and assistance to help the those with the disease has increased by in fighting for providing adequate fund- United States obtain the fullest pos- almost 20 years. In fact, more people ing for this program. sible accounting of POW/MIAs from the are now living with AIDS in the United I believe that the bill passed unani- Vietnam war. States than at any other time in the mously in the Senate is a fair com- I want it to be clear that there is epidemic. promise which stabilizes funding for more work to be done on this issue and The Ryan White CARE Act is at least cities and States and urban and rural that we need to continue to conduct re- partially responsible for these suc- areas for the next 3 years. Without this search, site visits and work closely cesses. But there is much more work to legislation, 17 States—including Con- with Vietnam, as well as their neigh- be done. It is estimated that more than necticut—and the District of Columbia bors on this issue until we have ac- a quarter of those infected with HIV do stand to lose millions of dollars next counted for every one of our POW/MIAs not know it, and many who do know it year. This legislation is now before the in Vietnam as well as other countries. still do not have access to needed care House of Representatives. It is my hope and services. And HIV/AIDS dispropor- that the house will act quickly to pass f tionately affects the poor and minori- this legislation so that these States ties. African Americans account for up and the District do not experience a COMBATING AUTISM ACT, S. 843 to 54 percent of new HIV infections and disruption in critical care and treat- Latinos account for 19 percent of new ment services for people living with Mr. ENZI. Mr. President, yesterday, infections, though they account for HIV/AIDS. Congress confirmed its obligation to only approximately 12 percent and 13 In closing, I want to commend the the thousands of individuals living percent of the U.S. population, respec- hard work of the members and their with and families affected by autism by tively. Hispanic and African-American staff in both Chambers who developed passing the Combating Autism Act of women account for 82 percent of new this bipartisan, bicameral compromise 2006, S. 843. I am extremely pleased infections among females in the United bill over the past 2 years. In particular, that the Senate passed this bill and States. I would like to recognize Connie Gar- sent it to the White House for the For many years I have been particu- ner with Senator KENNEDY and Shana President’s signature. larly concerned about the impact this Christrup with Senator ENZI who This anticipated law has a long his- disease has on children and families. worked tirelessly to incorporate the tory. Senators SANTORUM and DODD Last year, Senator BOND and I intro- priorities of many offices. I would also worked diligently with me, Senator duced legislation to reauthorize and like to thank the many public health KENNEDY, and our staffs for the past 2 strengthen title IV of the Ryan White advocacy organizations who contrib- years to develop this crucial piece of CARE Act. For those who are unfa- uted to the development of this legisla- legislation to assist individuals living miliar with title IV, it provides grants tion.∑ with autism and other developmental for coordinated care, services, and re- f disabilities and their families. This leg- search for women, infants, children, islation focuses on expanding autism and youth. The programs and services TRADE RELATIONS TO VIETNAM research and coordination of that re- funded by title IV have kept families Mr. CHAMBLISS. Mr. President, in search at the National Institutes of alive and together. For example, title relation to the extension of permanent Health, NIH, and increasing awareness IV projects have led the way toward re- trade relations to Vietnam that the of autism and its manifestation ducing mother-to-child transmission Senate is in the process of considering through the Centers of Disease Control from more than 2,000 babies born HIV- this evening, there is a finding in the and Prevention, CDC. In addition, the positive each year to fewer than 200. In bill that I want to call to the Senate’s bill integrates the country’s various

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11724 CONGRESSIONAL RECORD — SENATE December 8, 2006 health, education, and disability pro- SANTORUM; Jim Fenton, Ben Berwick, autism is a spectrum disorder, symp- grams serving children and families af- Tamar Magarik, and Elizabeth Hoff- toms range from mild to extremely se- fected by autism. Finally, the bill pro- man with Senator DODD; and Elizabeth vere. Many children with autism will vides a greater voice to the community Hall with Majority Leader FRIST. require lifelong care. of people affected by this disorder. Finally, I would like to give thanks Mr. President, health care for indi- No one knows the cause of autism or to my staff, both past and present— viduals with autism over their life- exactly how many children are affected Shana Christrup, Steve Northrup, times costs approximately $35 billion by autism and autism spectrum dis- Aaron Bishop, Brittany Moore, Tec per year. By 2015, the annual cost of orders; however, some studies suggest Chapman, and Martina Bebin, all on care could reach an estimated $300 bil- the numbers could be as high as 1 out my health and disability outreach lion, but this figure can be cut in half of every 166 American children. But teams, for their diligence and deter- with early diagnosis, services, and there are many things we do know mination as we worked together to intervention. I believe strongly that to about autism. craft this important and essential bill. reduce the economic burden for indi- We know that early intervention is I also would like to thank Katherine viduals with autism and to ensure that critical to helping children with au- McGuire, who as my staff director has children have a chance to achieve their tism reach their full potential. The provided the leadership and guidance highest potential and live productive earlier the intervention, the greater to ensure that this bill made it into and independent lives as adults, we the chance a child has to grow and law. must support aggressive efforts to un- learn how to live with the disorder. This process involved many dedicated derstand what causes autism and to Given the importance of early inter- staffers and many late nights. Staff improve early screening, diagnosis, and vention, this bill will expand the nec- were crucial in helping us reach the services for individuals and their fami- essary research to study the possible final compromise. lies who live with autism every day. causes of autism especially at the crit- I also want to thank the various As my colleagues are well aware, the ical early childhood development groups and individuals who work on be- prevalence of autism in the United stages. half of children and families affected States is 10 times greater now than a Also, we need greater understanding by autism and other developmental dis- decade ago. It is estimated that about about the various forms of autism so abilities. There are so many people, 1 in 166 children born today will be di- that we can improve our ability to pro- primarily parents of children who have agnosed with autism by the time they vide the right kinds of intervention autism or an autism spectrum disorder, reach school age, up from one in 10,000 and support. Finally, we need to pro- who have worked for years to see this in 1987. In my own State of Con- vide better integration of the health, day come to fruition that I cannot necticut, autism diagnoses have in- education, and disability programs al- thank each one of them individually, creased eleven-fold since 1993. We sim- ready available to meet the anticipated but they should know that I greatly apply must provide answers to all those and increasing demand for these inter- preciate their tireless efforts, deter- affected by this devastating condition, ventions, supports, and services in the mination, unlimited patience, and and the Combating Autism Act is a future. commitment to seeing this bill was critical first step. The Combating Autism Act is an im- passed on behalf of their children and There are many theories as to why portant step to address these needs and all people living with autism, autism autism diagnoses have increased. Some to find solutions that will improve the spectrum disorder, or other develop- have suggested that it is simply a re- lives of children and families whose mental disabilities. flection of better diagnostic tools and daily lives have been disrupted by au- This is a comprehensive piece of leg- measures. Other theories focus on ge- tism. islation that will take the next steps netic or environmental factors. But the I would like to close by adding my toward providing greater research so fact is that when it comes to autism, congratulations to the people who have that we can provide children with au- we do not know what causes it, we do had a key role in drafting and passing tism early intervention to enable them not know exactly how to diagnose it, this key piece of health care legisla- to grow and reach their full potential. and we still do not know how best to tion. First, I would like to thank my I am proud that we are taking this step intervene. colleagues and their staff both in the to pass the Combating Autism Act. What we do know is that growing Senate and in the House for their hard (At the request of Mr. REID, the fol- numbers of children and their families work in passing this critical legisla- lowing statement was ordered to be suffer from and cope with this disorder, tion. I want to thank all the members printed in the RECORD.) and we simply must do more to bring of the Senate Committee on Health, ∑ Mr. DODD. Mr. President, I am ex- hope to all who are in its grip. This is Education, Labor, and Pensions, espe- tremely grateful that my Senate col- why the Combating Autism Act is so cially my friend and ranking member, leagues considered and passed the Com- important. By expanding the Federal Senator KENNEDY, for his hard work bating Autism Act yesterday, following response to autism and other develop- and determination to seeing this bill the House’s passage yesterday after- mental disabilities through the Com- become law. In addition, I would like noon. The Combating Autism Act probating Autism Act, we will see im- thank and our colleagues in the House, motes early detection, early evidence- proved research on autism, including Chairman BARTON and Representatives based interventions, research, and serv- its causes, and families across America BONO and DEGETTE. ices for individuals with autism. It also will get the services they so urgently This bill is the result of a tremen- reauthorizes the epidemiologic surveil- need. dous amount of work across party lance programs at the Centers for Dis- Mr. President, I commend my col- lines. I want to thank the original bill ease Control and Prevention. This leg- leagues in the Senate and the House for cosponsors, Senators SANTORUM and islation is absolutely vital for the hun- acting on this important legislation. DODD, for introducing this legislation dreds of thousands of families across Although the Combating Autism Act and for working with me to fine-tune America who struggle each and every has undergone some modification since it. They are to be commended for tak- day with autism, and I commend my the Senate first passed it in August of ing the lead on this issue and for the Senate colleagues for passing it today this year, and it is by no means a per- tremendous effort they put into mak- so that the President can sign it into fect bill, it provides an essential starting sure that some day we have a solu- law before the end of the year. ing point in what I hope will be an on- tion to autism. Autism has a profound effect on chil- going legislative effort to provide hope Of course, in providing thanks to the dren and their families. It affects a and answers to the families across Members, I would be remiss if I did not child’s ability to communicate and to America who live and cope with autism mention the staff. I would like to spe- form relationships with others. Some every day. I am hopeful that the Presi- cifically acknowledge Randy Pate and children with autism are relatively dent will sign it into law before the end Ryan Long, with Chairman BARTON’s high functioning, while others suffer of the year. In my view, we must not office; Caya Lewis with Senator KEN- from serious language delays, motor lose the momentum that has brought NEDY’s office; Jen Vesey with Senator problems, and rigid behaviors. Because us here today. Those children and their

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11725 families living with autism deserve our sure dairy farmers of a fair and stable directly into rivers and streams with- support now, and they deserve answers. price for their milk, through the dairy out any intervening treatment. Citi- I’d like to conclude by thanking my compact and MILC Program. I have zens demanded action to solve our en- colleagues, Senator SANTORUM, Chair- worked hard to provide strong Federal vironmental problems. In 1970, I was man ENZI, ranking member Senator support for conservation programs, the state attorney general of Vermont. KENNEDY, and their staffs, as well as helping farmers to be good stewards of My office worked to create Vermont Chairman BARTON and ranking member the land, while never comprising my Act 252, which enacted the toughest Representative DINGELL and their commitment to environmental protec- water pollution laws in the country at staffs, for their extraordinary hard tion. I have supported the cider and the time. I had the honor of testifying work on this bill. I also wish to offer cheese industries in the face of increas- before this Committee during Senator my sincere thanks and appreciation to ing Federal regulation and have pro- Muskie’s chairmanship during the first all of the individuals who are person- moted tax policy that allows for the in- phases of the debate on the 1972 Clean ally affected by autism and the many tergenerational transfer of farms. Water Act. Some of the concepts in Act advocacy groups who represent them Today, I stand before you somewhat 252 are today part of Federal water pol- for their continued dedication and pas- perplexed. For several months now, lution laws. One of my fondest memo- sionate commitment to this legisla- two of the issues where I have dedi- ries from this period is of the slogan, tion.∑ cated the majority of my time in pub- ‘‘Jeffords Won’t Let Them Do it in the lic service—the environment and agri- f Lake,’’ which came about as we suc- culture—have been seemingly at odds cessfully fought off efforts by Inter- (At the request of Mr. REID, the fol- with one another. lowing statement was ordered to be national Paper to dump untreated In some States, lawsuits have been waste into Lake Champlain. printed in the RECORD.) brought against large agricultural op- Despite progress on wastewater CONCENTRATED ANIMAL FEEDING erations under the Comprehensive En- treatment and point sources of pollu- OPERATIONS vironmental Response, Compensation tion like International Paper, by the ∑ Mr. JEFFORDS. There are many and Liability Act, CERCLA. I have mid-1980s, it was clear that without ac- issues on which we have made progress been contacted by a number of tion on other water quality issues such during my tenure as both chair and Vermont farmers very concerned about as toxics like mercury and nonpoint ranking member of the EPW Com- whether CERCLA applies to them and source pollution from urban and agri- mittee, and many issues on which we about what it would mean to be sued cultural sources, we would not be able need to take steps forward. I want to under this law. to meet our clean water goals. In 1987, In response to this concern, proposals thank Senator BOXER for her con- our own Senator Stafford of Vermont have been made that would unneces- sistent leadership on environmental worked with champions like Senator sarily adopt expansive exemptions issues over the years, and I know she John Chafee, Senator Mitchell, and from the Superfund statute for major will do a phenomenal job leading the Senator Bentsen to write the 1987 pollution streams stemming from very EPW Committee. There is an issue of Clean Water Act amendments, over- large agricultural operations. I cannot great importance to many small coming the third Presidential veto in support these proposals that would Vermont farmers that we have not ad- the act’s history. Many of the key eliminate one of the tools of last resort dressed this year, and that is the issue pieces of the 1987 amendments, in par- for communities with waters contami- of concentrated animal feeding oper- ticular, nonpoint source pollution, con- nated by large-scale animal feeding op- ations and CERCLA. I have written to tinue to resonate in our clean water de- erations. Senator BOXER and provided her with bate today. I have watched with regret as the Despite our progress on these issues, some language reflecting the ideas I face of American agriculture in some there is much to be done. According to described in my statement, asking her regions has changed from one of the in- the EPA, the overwhelming majority of to consider this approach as she holds dividual family, working hard to ex- the population of the United States— hearings and moves forward on this tract their living from their land, to 218 million people—live within 10 miles issue in the 110th Congress. one of the corporate executive, leading of a polluted river, lake or coastal Mrs. BOXER. I have received the massive agribusiness operations. With water. Almost 40 percent of these Senator’s letter, and he has my assur- this type of consolidation, we have lost waters are not safe for fishing, swim- ances that these ideas will be consid- in many places, though not in ming, boating, drinking water or other ered as the EPW Committee looks at Vermont, the reality of the hard-work- needs. The EPA estimates that this issue during the next Congress. ing family farming using sustainable nonpoint sources of pollution are re- Mr. JEFFORDS. I thank the Sen- practices. In many parts of the Nation, sponsible for 50 percent of our water ator.∑ we see massive animal feeding oper- quality problems. f ations, often controlled by corporate I discuss this history because it is (At the request of Mr. REID, the fol- interests located outside the State, relevant. I understand the impacts of lowing statement was ordered to be contributing significantly to local nonpoint sources of pollution on water printed in the RECORD.) water quality problems. Allowing these quality. I also understand the impor- large operations to simply walk away tance of small-sca1e farming to my SMALL FARM SUSTAINABILITY: from the damage that they can cause home State of Vermont, and I do not ANIMAL FEEDING OPERATIONS to our local communities allows them believe that CERCLA is well suited, or AND CERCLA to cut costs, tipping the economic was ever intended, to apply to the nor- ∑ Mr. JEFFORDS. Mr. President, I rise scales in their favor when compared mal operations on Vermont-scale today to speak about two issues that with smaller farms that have less envi- farms. are of great importance to ronmental impacts. I wish to do every- I am here today with my colleague Vermonters—sustainable agriculture thing in my power to ensure that this from California, Senator Barbara and environmental protections. Over scenario never becomes the norm in Boxer, who will be taking over the the years, I have fought for education Vermont. helm of the Senate Environment and dollars when it seemed none were Vermonters have a long tradition of Public Works Committee. I know that available. I have fought to protect the strong feelings about water quality. In the committee will be in good hands. environment when its champions were 1972, when the Clean Water Act was I have written to Senator BOXER and few. But my greatest priority has been adopted by Congress, our Nation was asked her to consider an alternative to find ways to ensure that Vermont faced with a water pollution crisis. approach that I have put together on agriculture, the lifeblood of our econ- Toxic materials were routinely dumped this issue of animal manure and omy and our culture, remains sustain- into pristine water bodies by industrial CERCLA during the Committee’s delib- able and competitive into the future. polluters. It was standard practice in erations on this issue in the 110th Con- I have worked successfully in both municipalities to have underground gress. This proposal takes steps to the House and the Senate to help as- pipes deliver raw sewage from homes equalize the playing field between

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11726 CONGRESSIONAL RECORD — SENATE December 8, 2006 smaller, Vermont-scale farms and tion and hopefully bridge the gap be- implementation of the Energy Employ- large-scale agriculture. It would clarify tween two of my passions—sustainable, ees Occupational Illness Compensation that the normal application of fer- Vermont-scale agriculture, and envi- Program Act, EEOICPA. Because of the tilizer as described in the CERCLA ronmental progress.∑ gravity of my concerns, I have placed a statute includes the use of animal ma- f hold on a nomination currently pend- nure as fertilizer. I wrote to the EPA ing before this body—the nomination (At the request of Mr. REID, the fol- earlier this year asking them to take of Leon R. Sequeira to be Assistant lowing statement was ordered to be regulatory action for that purpose and Secretary for Policy at the Department printed in the RECORD.) they refused. of Labor. The proposal does not change the ex- IRAN CONFERENCE RESOLUTION I harbor no ill will toward Mr. isting provision in CERCLA, which pro- ∑ Mr. LAUTENBERG. Mr. President, Sequeira. But I am furious with the vides that Federal permitholders, when next week the Iranian Government and foot-dragging, the obstruction, and the they are in compliance with their per- its President, Mahmud Ahmadi-Nejad, neglect that have characterized the admit, are not subject to CERCLA litiga- will convene a 2-day conference in ministration’s approach toward Amer- tion. Existing law ensures that larger Tehran on the Holocaust. ican citizens who took real risks for animal feeding operations that will be The Iranians say their conference our country during the cold war, who required to hold Clean Water Act per- are suffering now, and who need and mits and are more likely to have sig- will bring together the vast array of ‘‘opinions’’ on the Holocaust. Allegedly deserve help. nificant waste streams should be pro- It is my understanding that Mr. more than 60 so-called scholars from 30 tected from CERCLA litigation as long Sequeira’s role will be to advise the De- countries will participate. as they are in compliance with the partment of Labor Secretary Elaine I can only imagine the hatred that terms of their permit. My legislation Chao on policy development and pro- will be on display. takes steps to provide similar assur- gram implementation. It is my hope It is no secret that President ances to smaller, Vermont-scale farms that I can work through my numerous Ahmadi-Nejad has a long history of dis- that are generally not required to hold concerns with the Department of Labor tortion of the truth and hatred for the Clean Water Act permits. It provides and the Department of Health and Jewish people. It is also shocking that that an independent, third-party cer- Human Services. he has called for the destruction of the tification that a farm has applied fer- The EEOICPA Program is supposed sovereign, democratic State of Israel. tilizer to land in a manner that is in to compensate the thousands of cold But what is so revolting is how cas- compliance with its nutrient manage- war veterans who worked for our coun- ually he tries to alter history and the ment plan would serve as evidence for try’s nuclear weapons programs. To- memory of those who perished at the an affirmative defense in the unlikely gether, these Federal agencies are re- hands of the Nazis. event that a CERCLA lawsuit would be sponsible for administering the To make matters worse, Iran is hold- filed against a small, Vermont-scale EEOICPA Program. Both agencies also ing this conference on International farm. I offer this extra assurance, even play significant roles in the special ex- Human Rights Day though there is no record of farms of posure cohort SEC petition process. Last year at an Islamic conference in this scale having been sued under As Congressman JOHN HOSTETTLER CERCLA, and even though such a law- Saudi Arabia, the Iranian President pointed out earlier this week, the SEC suit is an unlikely event given the told reporters that the Holocaust had petition process was designed to pro- amount of material being handled at been used as a tool of propaganda, stat- vide a mechanism for workers to be these small facilities and the structure ing that the scale of the Holocaust had given relief from government that ‘‘fre- of CERCLA, which is designed to ad- been exaggerated. He also sent a 3,000- quently misled them about the hazards dress major waste streams. Federal Of- word letter to German Chancellor, An- they were facing and failed to properly ficials and Environmental advocates gela Merkel, outlining his arguments. monitor their exposure.’’ Among the understand, I think, that resorting to a Now, the Iranians are trying to as- workers who face just such a situation Superfund lawsuit to gain compliance sure the world that this conference will were the Americans who worked at from a small farm would be like using be free of anti-Semitism and that it Rocky Flats in my State of Colorado. a sledge hammer to open a walnut. will explore views of ‘‘both sides.’’ Both Many of these individuals, who know- Some have asked me: What does that sides? It is clear that denial is one of ingly risked their own safety to protect actually get you? The independent the sides. our democracy, have suffered from third-party certification offered as evi- The Holocaust is an undeniable fact painful and debilitating diseases, in- dence during the course of any civil or of history, and the upcoming concluding cancer, and many have died as administrative proceeding would sup- ference will serve only to perpetuate a result of their brave service. Like De- port the fact that the facility properly intolerance. Eleven million people in partment of Labor Secretary Elaine used or applied animal manure to land total, including six million Jews, were Chao, I would hope that their Govern- in compliance with its nutrient man- viciously murdered in Nazi death ment could provide some measure of agement plan. This presumption of fact camps. No one living in the rational justice to these patriots. She has stat- could only be overcome by contradic- world denies this fact. ed that, ‘‘My concern is that we take tory evidence. I believe that the estab- The Iranian President has a clear care of men and women who were lishment of this affirmative defense track record of poisonous hatred. He harmed as a result of loyal service to will protect Vermont small-scale farm- has stated that ‘‘Israel must be wiped their country. It is my hope that this ers from CERCLA litigation. off the map.’’ He also said ‘‘Anybody program will repay them in some small Mr. President, I will not be here in who recognizes Israel will burn in the way for all they’ve lost.’’ the next Congress to help my col- fire of the Islamic nations’ fury.’’ Unfortunately, this program is re- leagues find a way forward on this Mr. President, I am pleased that the paying them with bureaucratic delays issue. I offer this idea as a starting Senate is poised to take up and adopt a and a deck stacked against them. I be- point in the debate after much discus- resolution that I have drafted—along lieve our Government is failing to ful- sion with Vermonters, farmers, envi- with Senators BIDEN and CLINTON—that fill the promise and intent of the ronmentalists, and legal and policy ex- condemns the Iranians and this sham EEOICPA Program. perts. We are all seeking the silver bul- conference. It is important that the In Colorado, many people who let that will help to maintain the Senate go on record condemning this worked at Rocky Flats were exposed to American tradition of the small, fam- hate and intolerance.∑ beryllium, radiation, and other hazards ily farm and allow us to make forward f that have led to cancer and death. progress on the persistent problem of They filed a special exposure cohort pe- nonpoint source pollution. This idea is HOLD ON THE NOMINATION OF tition over 17 months ago to receive my vision of how we can overcome this LEON R. SEQUEIRA compensation. Their petition has been latest hurdle in our efforts to effec- Mr. SALAZAR. Mr. President, I rise delayed and obstructed at various lev- tively deal with nonpoint source pollu- to share my serious concern about the els and by several agencies. We have

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11727 been waiting for the administration to When the 110th Congress convenes in for contractors employing significant take action to ensure that the com- January, I intend to work with Indian numbers of persons with disabilities. position of the Advisory Board on Ra- Country and my colleagues in the Sen- My understanding is the GSA currently diation and Worker Health is adjusted ate and in the House to produce a bill allows a preference for a business that so that it will more fairly examine that will put solutions for Indian peo- is owned by a disabled veteran, but it workers’ claims, but the administra- ple front and center. We have spent far does not also allow a preference for a tion has failed to act. Sadly, I fear too much time these past 8 years focus- business that employs several persons that, to a great extent, these actions ing on legalistic issues rather than on with disabilities. This is an oversight are the result of conscious decisions by human needs. I thank Senator MCCAIN which needs to be corrected. certain agency officials. and Senator ENZI for their leadership This legislation is supported by the Since the Department of Labor’s mis- in bringing us to this important junc- Disabled American Veterans, the sion is to foster and promote the wel- ture and I look forward to working American Legion, the American Legion fare of American workers, I hoped to with them over the next 2 years to re- Auxiliary, the American Association of work with the Department to ensure authorize the Indian Health Care Im- People With Disabilities, the Veterans that the quiet heroes of the Rocky provement Act. of Foreign Wars, and the Paralyzed Flats petition were compensated. How- f Veterans of America. ever, I have struggled to find common Mr. BAUCUS. I support Senator INTERNAL REVENUE SERVICE PRI- ground, and for some of these workers, NELSON’s efforts to create opportuni- time is running out. Moreover, hear- VATE DEBT COLLECTION PRO- ties that will employ persons with dis- ings held by the House Judiciary Com- GRAM abilities and am hopeful that these ef- mittee have left me with serious ques- Mr. BAUCUS. The American Jobs forts can be in place before the IRS tions regarding their efforts to under- Creation Act of 2004 authorized the IRS issues the next Request for Quotes in mine the Rocky Flats and other SEC to hire private debt collection agencies March 2007. I look forward to working petitions in the name of cost contain- to collect delinquent taxes. An IRS with my colleagues and with the rel- ment and other shameful actions. pilot program was initiated this year, evant agencies on this important mat- I hope to discuss these questions with and the IRS expects to expand the pro- ter. Mr. Sequeira and other administration gram in early 2007. Mr. NELSON of Nebraska. I thank officials and to get some firm commit- It is important that the program be my colleague and good friend from ments about cleaning up this process, administered by the IRS in a fair and Montana for his commitment to such moving forward fairly, and getting the responsible manner. Senator NELSON an important effort. Rocky Flats petition approved. Until has proposed legislation, already f then, I cannot in good faith allow this unanimously passed by the Senate, nomination to proceed. which would ensure 10 percent of the EXECUTIVE SESSION f employees assigned to the IRS contract by the private agencies are persons EXECUTIVE CALENDAR INDIAN HEALTH CARE IMPROVE- with disabilities. This will not affect MENT ACT AMENDMENTS OF 2006 the ability of the private contractors Mr. FRIST. Mr. President, I ask Mr. DORGAN, Mr. President, earlier to collect delinquent taxes, but it will unanimous consent that the Senate im- today I spoke on the Senate floor about greatly affect the ability of persons mediately proceed to executive session the need to pass the Indian Health Care with disabilities to find gainful em- to consider the following nominations Improvement Reauthorization bill. My ployment that will promote their inde- on today’s Executive Calendar: Cal- colleagues, Senator MCCAIN and Sen- pendence and well-being. endar Nos. 62, 63, 407, 670, 783, 900, 901, ator ENZI, have worked long and hard I commend Senator NELSON for his 904, 1000, 1001, 1002, 1003, 1004, 1005 over the past several weeks to address commitment to improve the quality of through 1008, 1010, 1011, 1012, 1013, 1014, the many objections that have been life for persons with disabilities. I 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, raised by the Department of Justice pledge to work with both of my good and all nominations on the Secretary’s and the Department of Health and friends, Senator NELSON and Senator desk. Human Services. GRASSLEY, in the next session of Con- I further ask consent that the fol- Those negotiations have brought gress to support his efforts. lowing committees be discharged from clarity to the positions of the adminis- Mr. NELSON of Nebraska. I thank further consideration of listed nomina- tration and have helped to define how my good friend, Senator BAUCUS. tions and the Senate proceed to their legislation can best address the health As my colleague knows, this legisla- consideration en bloc: crisis in Indian country. In an effort to tion passed the Senate unanimously in Judiciary Committee, Rachel memorialize those discussions, I am November 2005 but unfortunately failed Paulose PN1905; Homeland Security joining Senators MCCAIN and ENZI in to be included in a conference report. It and Governmental Affairs, Paul cosponsoring the Indian Health Care will create meaningful employment for Schneider PN2127; Foreign Relations, Improvement Act Amendments of 2006. persons with disabilities and disabled Dianne Moss PN1846, foreign service The bill being introduced tonight re- veterans in the field of third-party debt promotion lists PN 2097, PN 2130, and flects, to a significant extent, the bill collection. PN 2085. that the Senate Committee on Indian Especially with the large numbers of The PRESIDING OFFICER. Without Affairs approved in October 2005. It also returning disabled veterans, employ- objection, it is so ordered. reflects the many hours of negotiations ment opportunities are urgently need- Mr. FRIST. Mr. President, I ask con- and meetings with the administration, ed. Generally, the employment oppor- tinued unanimous consent for the Com- the Indian Affairs Committee, the Fi- tunities for persons with disabilities merce Committee, Steven Chealander nance Committee, and the Health, Edu- are not great—1 in 10 Americans has a PN2062; Charles Dorkey III, PN2112; cation, Labor and Pensions Committee. disability and the rate of unemploy- Rear Admiral Coogan PN 2086; Ray- In spite of the dedication of all those ment is 70 to 80 percent. These private mond Slagle PN 2093; NOAA promotion involved, however, the bill reflects debt collection jobs are essentially list, PN2094, Gregg Versaw, PN2131; progress but not perfection. highly paid call center jobs with an- Coast Guard promotion list 2154; Coast I have talked to the tribal leaders nual incomes averaging $40,000 and Guard officer list, PN2185; Agriculture who are advocates for Indian health often come with good health benefits Committee, Mark Keenum, PN2110 and care improvements about this bill. and 401(k) plans. PN 2109; Leland Strom, PN1864; the fol- They, too, are pleased that we have This legislation is necessary since in lowing nominations from the HELP made some progress. But they, too, feel letters and conversations with the De- Committee with PN numbers as des- there have been too many compromises partment of Treasury and Internal ignated: PN2126, PN2095, PN2096, and we must begin with a fresh view of Revenue Service they have stated that PN2084, PN2165, PN2166, PN1762, how to improve the health care of under existing GSA rules, they cannot PN1921, PN1732, PN2119, PN2120, American Indians and Alaska Natives. set a specific number of awards aside PN2121, PN2122, PN2123, PN 2124,

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11728 CONGRESSIONAL RECORD — SENATE December 8, 2006 PN1904, which is then to be referred to for the Armed Forces for the term of fifteen SOCIAL SECURITY ADMINISTRATION the Homeland Security and Govern- years to expire on the date prescribed by Jeffrey Robert Brown, of Illinois, to be a mental Affairs Committee; further, law. Member of Social Security Advisory Board that the Homeland Security Com- Scott Wallace Stucky, of Maryland, to be a for a term expiring September 30, 2008. Judge of the United States Court of Appeals Mark J. Warshawshy, of Maryland, to be a mittee then immediately be discharged for the Armed Forces for the term of fifteen from further consideration of PN1904. I Member of the Social Security Advisory years to expire on the date prescribed by Board for a term expiring September 30, 2012. further ask unanimous consent that law. Dana K. Bilyeu, of Nevada, to be a Member the nominations be confirmed en bloc, IN THE ARMY of the Social Security Advisory Board for a the motions to reconsider be laid upon The following Army National Guard of the term expiring September 30, 2010. the table, the President be imme- United States officer for appointment in the DEPARTMENT OF THE TREASURY diately notified of the Senate’s action, Reserve of the Army to the grade indicated Phillip L. Swagel, of Maryland, to be an and the Senate then return to legisla- under title 10, U.S.C., section 12, 12203: Assistant Secretary of the Treasury. tive session. To be brigadier general Michele A. Davis, of Virginia, to be an As- The PRESIDING OFFICER. Without Col. Thomas G. Sellars, 0000 sistant Secretary of the Treasury. objection, it is so ordered. The following named officer for appoint- Anthony W. Ryan, of Massachusetts, to be The nominations considered and con- ment in the Reserve of the Army to the an Assistant Secretary of the Treasury. firmed en bloc are as follows: grade indicated under title 10, U.S.C., section Robert F. Hoyt, of Maryland, to be General Counsel for the Department of the Treasury. MORRIS K. UDALL SCHOLORSHIP AND EXCEL- 12203: Eric Solomon, of New Jersey, to be an As- LENCE IN NATIONAL ENVIRONMENTAL POLICY To be brigadier general sistant Secretary of the Treasury. FOUNDATION Donald C. Leins, 0000 D. Michael Rappoport, of Arizona, to be a NOMINATIONS PLACED ON THE SECRETARY’S The following Army National Guard of the Member of the Board of Trustees of the Mor- DESK United States officers for appointment in the ris K. Udall Scholarship and Excellence in IN THE AIR FORCE Reserve of the Army to the grades indicated National Environmental Policy Foundation under title 10, U.S.C., Section 12203: PN2133 AIR FORCE nomination of Jeffrey for a term expiring October 6, 2008. (Re- C. Carstens, which was received by the Sen- appointment) To be major general ate and appeared in the Congressional MORRIS K. UDALL SCHOLARSHIP AND EXCEL- BRIGADIER GENERAL ROBERT T. BRAY, 0000 Record of November 13, 2006. BRIGADIER GENERAL RAYMOND W. CARPENTER, PN2134 AIR FORCE nomination of Stephen LENCE IN NATIONAL ENVIRONMENTAL POLICY BRIGADIER GENERAL HUNTINGTON B. DOWNER, JR., 0000 FOUNDATION BRIGADIER GENERAL JAMES W. NUTTALL, 0000 R. Geringer, which was received by the Sen- Michael Butler, of Tennessee, to be a Mem- BRIGADIER GENERAL DARREN G. OWENS, 0000 ate and appeared in the Congressional BRIGADIER GENERAL JAMES I. PYLANT, 0000 Record of November 13, 2006. ber of the board of Trustees of the Morris K. BRIGADIER GENERAL STEVEN D. SAUNDERS, 0000 Udall Scholarship and Excellence in Na- BRIGADIER GENERAL RANDAL E. THOMAS, 0000 PN2135 AIR FORCE nomination of Paul M. tional Environmental Policy Foundation for BRIGADIER GENERAL PATRICK D. WILSON, 0000 Roberts, which was received by the Senate a term expiring October 6, 2008. To be brigadier general and appeared in the Congressional Record of November 13, 2006. DEFENSE NUCLEAR FACILITIES SAFETY BOARD COLONEL ROMA J. AMUNDSON, 0000 PN2155 AIR FORCE nominations (21) begin- A.J. Eggenberger, of Montana, to be a COLONEL VIRGINIA G. BARHAM, 0000 COLONEL ROLAND L. CANDEE, 0000 ning NEVANNA I. KOICHEFF, and ending Member of the Defense Nuclear Facilities COLONEL ALLEN M. HARRELL, 0000 PERLITA K. TAM, which nominations were Safety Board for a term expiring October 18, COLONEL JAMES A. HOYER, 0000 received by the Senate and appeared in the 2008. (Reappointment) COLONEL STEVEN P. HUBER, 0000 COLONEL RONALD W. HUFF, 0000 Congressional Record of November 14, 2006. ENVIRONMENTAL PROTECTION AGENCY COLONEL DAVID F. IRWIN, 0000 PN2186 AIR FORCE nominations (4) begin- COLONEL SCOTT W. JOHNSON, 0000 Molly A. O’Neill, of Virginia, to be an As- COLONEL THEODORE D. JOHNSON, 0000 ning JERZY J. CHACHAJ, and ending GREG sistant Administrator of the Environmental COLONEL JEFFERY D. KINARD, 0000 GORDON, which nominations were received Protection Agency, vice Kimberly Terese COLONEL SCOTT D. LEGWOLD, 0000 by the Senate and appeared in the Congres- Nelson. COLONEL WALTER E. LIPPINCOTT, 0000 COLONEL WILLIAM M. MALOAN, 0000 sional Record of November 15, 2006. NATIONAL MEDIATION BOARD COLONEL RANDALL R. MARCHI, 0000 PN2187 AIR FORCE nominations (2) begin- COLONEL CRUZ M. MEDINA, 0000 ning NORMAN B. DIMOND, and ending Harry R. Hoglander, of Massachusetts, to COLONEL RICHARD S. MILLER, 0000 be a Member of the National Mediation COLONEL STUART C. PIKE, 0000 MARK A. DEATON, which nominations were Board for a term expiring July 1, 2008. (Re- COLONEL DANNY K. SPEIGNER, 0000 received by the Senate and appeared in the COLONEL STANLEY M. STRICKLEN, 0000 Congressional Record of November 15, 2006. appointment) COLONEL MARGARET S. WASHBURN, 0000 MORRIS K. UDALL SCHOLARSHIP AND EXCEL- COLONEL TONY N. WINGO, 0000 IN THE ARMY LENCE IN NATIONAL ENVIRONMENTAL POLICY IN THE NAVY PN2136 ARMY nomination of Willie G. FOUNDATION THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Barnes, which was received by the Senate Stephen M. Prescott, of Oklahoma, to be a IN THE UNITED STATES NAVY TO THE GRADE INDICATED and appeared in the Congressional Record of Member of the Board of Trustees of the Mor- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND November 13, 2006. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: ris K. Udall Scholarship and Excellence in PN2138 ARMY nomination of Daniel P. National Environmental Policy Foundation To be admiral McLemore, which was received by the Senate for a term expiring April 15, 2011. ADM. ROBERT F. WILLARD, 0000 and appeared in the Congressional Record of Anne Jeannette Udall, of North Carolina, SMALL BUSINESS ADMINISTRATION November 13, 2006. to be a Member of the Board of Trustees of Jovita Carranza, of Illinois, to be Deputy PN2139 ARMY nominations (2) beginning the Morris K. Udall Scholarship and Excel- Administrator of the Small Business Admin- JOSEF R. SMITH, and ending MICHAEL D. lence in National Environmental Policy istration. TAYLOR, which nominations were received Foundation four a term expiring October 6, by the Senate and appeared in the Congres- MORRIS K. UDALL SCHOLARSHIP AND EXCEL- 2010. (Reappointment) sional Record of November 13, 2006. LENCE IN NATIONAL ENVIRONMENTAL POLICY DEPARTMENT OF COMMERCE PN2140 ARMY nominations (2) beginning FOUNDATION John M. R. Kneuer, of New Jersey, to be ROBERT M. BLACKMON, and ending BRAD- Diane Humetewa, of Arizona, to be a Mem- Assistant Secretary of Commerce for Com- LEY M. VOORHEES, which nominations ber of the Board of Trustees of the Morris K. munications and Information. were received by the Senate and appeared in Udall Scholarship and Excellence in Na- the Congressional Record of November 13, UNITED STATES POSTAL SERVICE tional Environmental Policy Foundation for James H. Bilbray, of Nevada, to be a Gov- 2006. a term expiring August 25, 2012. PN2141 ARMY nominations (2) beginning ernor of the United States Postal Service for Eric D. Eberhard, of Washington, to be a NICHOLAS C. BAKRIS, and ending ANDREW a term expiring December 8, 2015. (Re- Member of the Board of Trustees of the Mor- D. MAGNET, which nominations were reappointment) ris K. Udall Scholarship and Excellence in Thurgood Marshall, Jr., of Virginia, to be a ceived by the Senate and appeared in the National Environmental Policy Foundation Congressional Record of November 13, 2006. Governor of the United States Postal Service for a term expiring October 6, 2012. for a term expiring December 8, 2011. PN2142 ARMY nominations (3) beginning DEPARTMENT OF THE TREASURY DAVID E. GREEN, and ending MARTIN L. POSTAL RATE COMMISSION Paul Cherecwich, Jr., of Utah, to be a LADWIG, which nominations were received Dan Gregory Blair, of the District of Co- Member of the Internal Revenue Service by the Senate and appeared in the Congres- lumbia, to be a Commissioner of the Postal Oversight Board for a term expiring Sep- sional Record of November 13, 2006. Rate Commission for a term expiring Octo- tember 14, 2010. PN2143 ARMY nominations (3) beginning ber 14, 2012. Deorah L. Wince-Smith, of Virginia, to be Moon H. Lee, and ending PHILLIP C. ZINNI, THE JUDICIARY a Member of the Internal Revenue Service which nominations were received by the Sen- Margaret A. Ryan, of Virginia, to be a Oversight Board for a term expiring Sep- ate and appeared in the Congressional Judge of the United States Court of Appeals tember 14, 2010. Record of November 13, 2006.

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11729 PN2144 ARMY nominations (7) beginning G. RHEA III, which nominations were re- Alexander Hawkes, of California TERRELL W. BLANCHARD, and ending ceived by the Senate and appeared in the Lynda J. Hinds, of California ROBERT L. VOGELSANG III, which nomina- Congressional Record of November 14, 2006. Elizabeth M. Hoffman, of New York tions were received by the Senate and ap- PN2190 NAVY nominations (54) beginning John Thomas Ice, of Kentucky peared in the Congressional Record of No- KEITH T. ADKINS, and ending DORSEY Kenneth Wayne Jackman II, of the District vember 13, 2006. WISOTSKI, which nominations were re- of Columbia PN2145 ARMY nomination of Victoria L. ceived by the Senate and appeared in the Jennifer Marie Jaskel, of Virginia Smith, which was received by the Senate and Congressional Record of November 15, 2006. Jennifer A. Jones, of California appeared in the Congressional Record of No- NOMINATION REFERENCE AND REPORT Blaine Kaltman, of Florida vember 13, 2006. Rachel K. Paulose, of Minnesota, to be Daniel Seth Katz, of Washington PN2146 ARMY nomination of Ira S. Der- United States Attorney for the District of Julie L. Kelly, of Virginia rick, which was received by the Senate and Minnesota for the term of four years. Brian E. Kennedy, of the District of Colum- appeared in the Congressional Record of No- Paul A. Schneider, of Maryland, to be bia vember 13, 2006. Under Secretary for Management, Depart- William E. Kirby, of Virginia PN2147 ARMY nomination of Joseph W. ment of Homeland Security. Karen E. Kirchgasser, of the District of Co- Brown, which was received by the Senate Dianne I. Moss, of Colorado, to be a Mem- lumbia and appeared in the Congressional Record of ber of the Board of Directors of the Overseas Shawn A. Kobb, of Virginia November 13, 2006. Private Investment Corporation for a term Elizabeth A. Kolojek, of Ohio PN2148 ARMY nomination of Rebecca L. expiring December 17, 2007. Steven W. Koop, of Virginia Blankenship, which was received by the Sen- The following-named persons of the agen- Diana L. Kramer, of the District of Columbia ate and appeared in the Congressional Simon Kim Lee, of Virginia Record of November 13, 2006. cies indicated for appointment as Foreign Service Officers of the classes stated. For ap- Marion D. Leveskas, of Ohio PN2149 ARMY nomination of Mark M. King San Lien, of Massachusetts Kuba, which was received by the Senate and pointment as Foreign Service Officers of Class Four, Consular Officers and Secretaries Alma London, of Virginia appeared in the Congressional Record of No- Edward V. Marshall, of Virginia vember 13, 2006. in the Diplomatic Service of the United States of America: Amir Masliyah, of California PN2150 ARMY nomination of Craig H. Kimberly L. McClain, of Texas DEPARTMENT OF STATE Rhyne Jr., which was received by the Senate Susan N. McFee, of New Jersey and appeared in the Congressional Record of James A. Jimenez, of Florida McKenzie A. Milanowski, of Pennsylvania November 13, 2006. Nathaniel Sekou Turner, of Maryland Carolyn A. Mills, of Virginia PN2151 ARMY nominations (5) beginning The following-named Members of the For- Vincent R. Moore, of South Carolina LORRAINE T. BREEN, and ending THOMAS eign Service to be Consular Officers and/or Matthew J. Morrill, of Virginia G. SUTLIVE, which nominations were re- Secretaries in the Diplomatic Service of the Adam D. Murray, of Michigan ceived by the Senate and appeared in the United States of America, as indicated: Con- Menaka M. Nayyar, of New York Congressional Record of November 13, 2006. sular Officers and Secretaries in the Diplo- Jaimee Macanas Neel, of Nevada PN2156 ARMY nominations (125) beginning matic Service of the United States of Amer- Mariana L. Neisuler, of Virginia DEBRA L. COHEN, and ending KYLE J. ZA- ica: Richard C. Nicholson, of Florida BLOCKI, which nominations were received Aaron Adrian Nuutinen, of Texas by the Senate and appeared in the Congres- DEPARTMENT OF COMMERCE Angela Jane Palazzolo, of Virginia sional Record of November 14, 2006. Thomas J. Brennan, of Missouri Katrisa Bohne Peffley, of Minnesota PN2157 ARMY nominations (17) beginning Laura A. Gimenez, of California Kimberly G. Phelan, of California NORMAN F. ALLEN, and ending DARIA P. Jane Kitson, of Maryland Anthony V. Pirnot, of Pennsylvania WOLLSCHLAEGER, which nominations Eric P. Olson, of Colorado Jennifer L. Proulx, of Virginia were received by the Senate and appeared in DEPARTMENT OF STATE Steven M. Riches, of Tennessee the Congressional Record of November 14, Jeffrey D. Adler, of Massachusetts Dale M. Richter, of Virginia 2006. Katherine Arcieri, of New Jersey Rene A. Rivera-Santiago, of Virginia PN2158–1 ARMY nominations (632) begin- Mark Ernest Azua, of Illinois Silvana Del Valle Rodriguez, of the District ning MICHAEL R. ABERLE, and ending Kristin Helene Bahnsen, of the District of of Columbia MARC L. ZUFFA, which nominations were Columbia Michael James Scharding, of the District of received by the Senate and appeared in the Sherri Baker, of Virginia Columbia Congressional Record of November 14, 2006. Brian T. Bedell, of Wisconsin Sarah Goldfeder Schmidt, of Maine PN2159 ARMY nominations (31) beginning Shannon D. Behaj, of Delaware Erik J. Schnotala, of Illinois ROBIN B. ALLEN, and ending ARTHUR D. Lynette M. Behnke, of the District of Colum- Susan T. Serna, of Texas WELLMAN, which nominations were re- bia Amit S. Sheth, of Virginia ceived by the Senate and appeared in the Daniel M. Bell III, of Virginia Craig C. Shipley, of Virginia Congressional Record of November 14, 2006. Stephen Black, of New York Spencer Carryn Shipman, of Maryland PN2160 ARMY nominations (37) beginning Caren A. Brown, of Arizona Scott M. Simpson, of Texas JOHN G. ALVAREZ, and ending TRACY O. Joel Todd Bullock, of Alabama Katherine Parks Skarsten, of Colorado WYATT, which nominations were received Daniel N. Callister, of Virginia Virginia Lee Stern, of Illinois by the Senate and appeared in the Congres- Angela Caulfield, of Virginia Rachel M. Strein, of Virginia sional Record of November 14, 2006. Andrew Hun Choi, of Virginia Jennifer Skousen Sudweeks, of Virginia PN2161 ARMY nominations (18) beginning John Michael Coyle, of Virginia Barbara R. Szczepaniak, of Florida JEFFREY S. ASHLEY, and ending THOMAS Jonathan Joel Crawford, of Virginia Marc Taranto, of Virginia G. WINTHROP, which nominations were re- Patrick Everett Crunkleton, of Virginia Jaime L. Teahen, of Virginia ceived by the Senate and appeared in the Jonathan M. Cullen, of Virginia Hamish B. Teasdale, of Virginia Congressional Record of November 14, 2006. Valeri A Davies, of Virginia James Tira, of New York PN2188 ARMY nomination of Shelly M. Kimberly J. Deichert, of Ohio Danielle Marie Traylor, of the District of Co- Taylor, which was received by the Senate Ainsley Yohann deSilva, of Virginia lumbia and appeared in the Congressional Record of Pradnya Pradhan Deshpande, of Virginia Matthew E. Wall, of Alabama November 15, 2006. Hester Kerksiek Dredge, of Texas Daniel Karl Walter, of Virginia PN2189 ARMY nominations (2) beginning Eric Eilskov, of Texas Mary Walz, of Washington OMAR L. HAMADA, and ending SETH W. Aaron Feit, of Michigan David Earl Williams, of North Carolina WRIGHT, which nominations were received Emily S. Fertik, of Massachusetts Susan A. Wilson, of Virginia by the Senate and appeared in the Congres- Patrick J. Fischer, of Pennsylvania Howell J. Winters, of Virginia sional Record of November 15, 2006. Ann Clementi Flynn, of California Mireille L. Zieseniss, of the District of Co- IN THE NAVY Jillian Frumkin, of Virginia lumbia PN2152 NAVY nominations (6) beginning Jane K. Gamble, of Washington The following-named persons of the agen- KIMBERLY S. EVANS, and ending JOHN E. Leah George, of New York LEE III, which nominations were received by Peter H. Gillette, of Virginia cies indicated for appointment as Foreign the Senate and appeared in the Congres- Steven F. Grabowski, of Virginia Service Officers of the classes stated. For ap- sional Record of November 13, 2006. Kristi L. Gruizenga, of Michigan pointment as Foreign Service Officers of PN2153 NAVY nomination of David J. Carrie A. Gryskiewicz, of Minnesota Class Three, Consular Officers and Secre- Allen, which was received by the Senate and Michael D. Guinan, of Virginia taries in the Diplomatic Service of the appeared in the Congressional Record of No- Reva Gupta, of Maryland United States of America: vember 13, 2006. Caroline Adair Hamilton, of Texas PN2162 NAVY nominations (6) beginning Kenneth C. Han, of Virginia DEPARTMENT OF STATE HARRY T. WHELAN, and ending WILLIAM Elizabeth E. Hanny, of Virginia Laurie Jeanne Meininger, of California

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11730 CONGRESSIONAL RECORD — SENATE December 8, 2006 For appointment as Foreign Service Offi- Hormazd J. Kanga, of Kentucky Judith Ann Chammas, of Virginia cers of Class Four, Consular Officers and Sec- Audra A. Keagle, of Virginia Thomas More Countryman, of Washington retaries in the Diplomatic Service of the Tammy Crittenden Kenyatta, of Virginia Barbara Cecelia Cummings, of Illinois United States of America: Amy D. Kuehl, of Virginia Elizabeth Link Dibble, of Virginia DEPARTMENT OF STATE D. Kristian Kvols, of Florida Rosemary Anne DiCarlo, of the District of Marshall C. Derks, of Virginia Denise D. Lamoureux, of Virginia Columbia Lawrence Paul Lane, of California Larry Miles Dinger, of Virginia The following-named Members of the For- Lola A. Lecerf, of Virginia Janice J. Fedak, of Pennsylvania eign Service to be Consular Officers and/or Irma M. Lopez, of Virginia Gerald Michael Feierstein, of Virginia Secretaries in the Diplomatic Service of the Diana Lynch, of Maryland Jeffrey David Feltman, of California United States of America, as indicated: Con- Felicia D. Lynch, of Florida Alberto M. Fernandez, of Virginia sular Officers and Secretaries in the Diplo- Darrin William Stuart MacKinnon, of Vir- Judith G. Garber, of California matic Service of the United States of Amer- ginia Robert F. Godec, Jr., of Virginia ica: Brent Aaron Maier, of Texas Llewellyn H. Hedgbeth, of California DEPARTMENT OF COMMERCE Meredith Maneri, of New Jersey James Thomas Heg, of Washington Heather Byrnes, of Alaska Mika McBride, of Texas Paul Wayne Jones, of New York DEPARTMENT OF STATE Margaret M. McLaughlin, of the District of Sandra Lynn Kaiser, of Washington Columbia Patrick M. Agents, of Virginia Hans George Klemm, of Indiana Matthew C. McNeil, of Ohio James D. Applegate, of Michigan Thomas Charles Krajeski, of Virginia Joel Mendez, of Alabama Maha Angelina Armush, of Texas Charlene Rae Lamb, of Florida Joshua J. Miller, of Virginia Chuka Nnonso Asike, of Maryland An Thanh Le, of the District of Columbia Karen N. Mims, of Pennsylvania Jayshree Balasubramanian, of North Caro- Jeffrey David Levine, of California Judith H. Monson, of New York lina Patrick Joseph Linehan, of Connecticut Kelly E. Murnane, of Virginia Jason J. Beck, of Utah Mary Bland Marshall, of Virginia Roshni Mona Nirody, of New Jersey Richard Cleveland Blackwood, of Virginia Terence Patrick McCulley, of Oregon Leslie Silvia Nunez, of Florida Patrick A. Bogue, of Virginia Kevin Cort Milas, of California Daniel Onstad, of the District of Columbia Stephanie Elizabeth Boscaino, of Virginia Patrick S. Moon, of Maryland Juan Carlos Ospina, of Florida Jeffrey D. Bowan, of Washington James Robert Moore, of Florida Ronald D. Owles, of Florida Thomas Scott Brown, of Washington Dan W. Mozena, of Maryland Nick Parikh, of Washington Christienne Carroll, of California Adrienne S. O’Neal, of Maryland Rebecca Suzanne Phelps, of Michigan Jeffrey John Cary, of the District of Colum- Phyllis Marie Powers, of Texas Laura Eloise Pyeatt, of Tennessee bia Christopher R. Riche, of Virginia Neveen N. Ramirez, of New Jersey Michael G. Cathey, of California Thomas Bolling Robertson, of Virginia Benjamin Nelson Reames, of Texas James A. Catto, of South Carolina Josie Shumake, of Mississippi Justin Elbert Reynolds, of Iowa Perry Yang Chen, of Virginia Madelyn Elizabeth Spirnak, of the District David J. Roehn, of Virginia Gabrielle Ann Collins, of the District of Co- of Columbia George G. Sarmiento, of Texas lumbia Steven C. Taylor, of Alaska Julia Reid Schiff, of Ohio William Evan Couch, of Alabama Linda Thomas-Greenfield, of Louisiana Ashley M. Scholl, of Ohio Cornelius C. Cremin, of California Thomas Joseph Tiernan, of Illinois Melissa Schubert, of Missouri Chris Curran, of North Carolina Mark A. Tokola, of Washington Vera B. Searles, of Maryland Roberto Custodio, of Florida Paul A. Trivelli, of Connecticut Annie M. Simpkins, of Florida T.A. Dadisman III, of Virginia The following-named Career Members of Adam L. Smith, of Utah Amy Elizabeth Dahm, of Texas the Foreign Service for promotion into the Heidi E. Smith, of Michigan Gregory D’Alesandro, of Maryland Senior Foreign Service, and for appointment Marc Alan Snider, of Illinois Mark S. Davies, of New Mexico as Consular officers and Secretaries in the Peter Ricardo Solano, of Minnesota Joye L. Davis-Kirchner, of Missouri Diplomatic Service, as indicated: Adrienne Beck Taylor, of Virginia Anne B. Debevoise, of California Career Members of the Senior Foreign Eric L. Thornton, of the District of Columbia Jaffar A. Diab, of Massachusetts Service of the United States of America, Hunter Treseder, of California Christopher R. Dilworth, of Virginia Class of Counselor: William Fay von Zagorski, of Virginia Diana P. Dragon, of Virginia Cynthia Helen Akuetteh, of Maryland Lillian Catherine Wahl-Tuco, of New Hamp- Theresa L. Dunn, of Virginia Raymond R. Baca, of Florida shire Jason D. Evans, of Hawaii Christopher J. Beede, of Virginia Chanin T. Webb, of Virginia David Fabrycky, of Virginia Jennifer V. Bonner, of Virginia William Stephen Wells, of the District of Co- Richard P. Feldman, of the District of Co- Michael J. Boyle, of Wyoming lumbia lumbia Roberto Gonzales Brady, of California Gary W. Westfall, of Florida Richard A. Fisher, of Virginia Ann Kathleen Breiter, of California Matthew Wright, of Texas Kathleen Fox, of California Peter Meier Brennan, of Oregon Chadwick Jackson Wykle, of West Virginia Elaine C. Glasenapp, of Virginia Fletcher Martin Burton, of Tennessee Hansang Yi, of California Corey M. Gonzalez, of the District of Colum- Duane Clemens Butcher, Jr., of California Sovandara Yin, of Oregon bia Lawrence N. Corwin, of Texas Madelina M. Young, of New York Veronika Grayless, of Virginia Christopher Richard Davis, of Virginia Melissa S. Zadnik, of Pennsylvania George H. Green, of Virginia Kimberly J. DeBlauw, of Missouri Paula Greenlee, of Virginia The following-named Career Members of D. Purnell Deily, of Virginia Grant S. Guthrie, of California the Senior Foreign Service of the Depart- Marc Langley Desjardins, of Virginia Andrew S. Hamrick, of Georgia ment of State for promotion in the Senior Evelyn Aleene Early, of Texas Foreign Service to the classes indicated: Carolyn F. Handy, of Virginia Joseph Adam Ereli, of the District of Colum- Career Members of the Senior Foreign Alison C. Hannah, of Massachusetts Service of the United States of America, bia Adam J. Hantman, of Maryland Class of Career Minister. John D. Feeley, of New York Sara Ruth Harriger, of Alaska Zandra I. Flemister, of Maryland Natalie A. Henry, of Virginia William R. Brownfield, of Texas Paul A. Folmsbee, of Texas Ralan Lucas Hill, of California Katherine H. Canavan, of California Alfred F. Fonteneau, of Texas Alice Ladene Holder, of California Christopher Robert Hill, of Rhode Island Thomas R. Genton, of New Jersey Barbara A. Holston, of Virginia Cameron R. Hume, of Connecticut Tatiana Catherine GfoellerVolkoff, of the James W. Holtsnider, of Colorado George McDade Staples, of Kentucky District of Columbia Aaron D. Honn, of Texas Career Members of the Senior Foreign David R. Gilmour, of Texas Ludovic Hood, of the District of Columbia Service of the United States of America, Brian L. Goldbeck, of Nevada Erika Lorel Hosking, of Virginia Class of Minister Counselor: Douglas C. Greene, of Virginia Elizabeth J. Howard, of Maryland Elizabeth Jamieson Agnew, of Virginia Douglas M. Griffiths, of Texas William P. Humnicky, of California Edward M. Alford, of Virginia Kenneth E. Gross, Jr., of Virginia Brett T. Hunt, of Arizona Peter K. Augustine, of Texas Sheila S. Gwaltney, of California Stephanie J. Hutchison, of Massachusetts Clyde Bishop, of Pennsylvania Richard Dale Haynes, of Virginia Samuel Hyon, of Maryland Michele Thoren Bond, of New Jersey Christopher J. Hoh, of Pennsylvania Larry M. Jackson, of Virginia Gayleatha Beatrice Brown, of the District of Martin P. Hohe, of Florida John Clark Jacobs, of Texas Columbia Mary Virginia Jeffers, of Maryland Amanda Schrader Jacobsen, of Washington David M. Buss, of Texas Sylvia Dolores Johnson, of South Carolina Charles L. Jarrett III, of Tennessee Martha Larzelere Campbell, of New Hamp- Mark Raymond Kennon, of Virginia Kim H. Jordan, of California shire James Alcorn Knight, of New York

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11731 Leonard James Korycki, of Washington Subject to qualifications provided by law, Janet D. Espinoyoung, 0000 Barbara Anne Leaf, of Virginia the following for permanent appointment to Matthew R. Farnen, 0000 Michelle Rabayda Logsdon, of Florida the grade indicated in the National Oceanic Francesann B. Fazio, 0000 Sharon E. Ludan, of Virginia and Atmospheric Administration: Sarah K. Felger, 0000 Robert Sanford Luke, of Florida To be ensign Christine Fern, 0000 Deborah Ruth Malac, of Virginia Caryn M. Arnold Kevin B. Ferrie, 0000 Theodore Albert Mann, of New York Matthew T. Burton Jason B. Flennoy, 0000 Dundas C. McCullough, of Virginia James T. Falkner Ted R. Fowles, 0000 Raymond Gerard McGrath, of Virginia Mark K. Frydrych Joseph Franklin, 0000 Kenneth Alan Messner, of Oregon Justin T. Keesee Michael E. Frawley, 0000 Christopher R. Friese, 0000 Anthony C. Newton, of Virginia Jennifer L. King Glenn J. Galman, 0000 Harry John O’Hara, of Texas Benjamin M. Lacour Pamela P. Garcia, 0000 John Olson, of California Chad M. Meckley Robert G. Gardali, 0000 Andrew W. Oltyan, of Texas Megan A. Nadeau Christofer L. German, 0000 Andrew A. Passen, of Pennsylvania Carl G. Rhodes Tanya L. Giles, 0000 Mark A. Pekala, of the District of Columbia Christopher S. Skapin Petre S. Gilliam, 0000 Michael P. Pelletier, of Maine Joshua J. Slater Errol M. Glenn, 0000 Marjorie R. Phillips, of Virginia Timothy M. Smith Michael J. Goldschmidt, 0000 Geoffrey R. Pyatt, of California Ryan C. Wattam Pamela G. Quanrud, of Virginia David V. Gomez, 0000 Marc E. Weekley Richard Gonzalez, 0000 Eric Seth Rubin, of New York Phoebe A. Woodworth Daniel H. Rubinstein, of California Michael D. Good, 0000 The following named individual for ap- Robert Joel Silverman, of California Hans C. Govertsen, 0000 pointment as a permanent commissioned Robert T. Griffin, 0000 Robin Angela Smith, of the District of Co- regular officer in the United States Coast lumbia Charles M. Guerrero, 0000 Guard in the grade indicated under Title 14, Fay J. Guerrero, 0000 Michael A. Spangler, of Maryland U.S.C., section 211: Andrew Walter Steinfeld, of New Jersey Tim A. Gunter, 0000 To be lieutenant Karl Stoltz, of Virginia Robert E. Hart, 0000 Mark Charles Storella, of New Hampshire Greg E. Versaw, 0000 Heath A. Hartley, 0000 Paul Randall Sutphin, of Virginia The following named officers for appoint- James F. Hedrick, 0000 Mary Thompson-Jones, of Virginia ment to the grade indicated in the United Jonathan N. Hellberg, 0000 Michael Embach Thurston, of Washington States Coast Guard under Title 14, U.S.C., John Hennigan, 0000 William Weinstein, of California Section 271: Scott C. Herman, 0000 Robert Earl Whitehead, of California To be lieutenant commander Michael L. Herring, 0000 Anna W. Hickey, 0000 Rebecca Ruth Winchester, of Virginia Ricardo M. Alonso, 0000 Dean B. Wooden, of the District of Columbia Darren A. Hopper, 0000 Dirk N. Ames, 0000 Christy L. Howard, 0000 Steven Edward Zate, of Florida Thomas B. Bailey, 0000 Christopher M. Huberty, 0000 Career Members of the Senior Foreign Agustus J. Bannan, 0000 Joel A. Huggins, 0000 Service, Class of Counselor, and Consular Of- Matthew P. Barker, 0000 Christopher J. Hulser, 0000 ficers and Secretaries in the Diplomatic Che J. Barnes, 0000 Tangela F. Hummons, 0000 Service of the United States of America: Ian A. Bastek, 0000 Austin R. Ives, 0000 Wayne B. Ashberry, of Virginia Michael W. Batchelder, 0000 David M. Johnston, 0000 Cynthia Anne Borys, of Maryland Michael E. Bennett, 0000 Daniel C. Jones, 0000 Dan Blane Christenson, of Washington Adam G. Bentley, 0000 Peter B. Jones, 0000 Eduardo R. Gaarder, of Virginia Kenneth E. Blair, 0000 Jonathan P. Jorgensen, 0000 Jerry Duane Helmick, of Florida Amy L. Bloyd, 0000 Warren D. Judge, 0000 Kenneth J. Hoeft, of Michigan Jed R. Boba, 0000 Kerry G. Karwan, 0000 Raymond W. Horning, of Missouri Kenneth J. Boda, 0000 Sean R. Katz, 0000 Todd M. Keil, of Wisconsin Scott G. Borgerson, 0000 Jared E. King, 0000 Stephen J. Klein, of Virginia Camilla B. Bosanquet, 0000 Lonnie T. Kishiyama, 0000 Brian R. Majewski, of Virginia Donald C. Boyer, 0000 Bradley J. Klimek, 0000 Georges F. McCormick, of California David L. Bradley, 0000 Brian G. Knapp, 0000 Earl R. Miller, of Virginia Randy L. Bradley, 0000 Michael S. Krause, 0000 Peter J. Molberg, of Missouri Nelson J. Brandt, 0000 Charles F. Kuebler, 0000 Edgar P. Moreno, of Florida Matthew T. Brown, 0000 Kurt R. Kupersmith, 0000 James C. Norton, of Michigan James W. Bunn, 0000 Ken Kusano, 0000 Thomas J. Quinzio, of Virginia Joann F. Burdian, 0000 Paul E. Lafond, 0000 Douglas P. Quiram, of California Karen S. Cagle, 0000 Andrew A. Lawrence, 0000 Nancy C. Rolph-O’Donnell, of Virginia Richard F. Calvert, 0000 Erin M. Ledford, 0000 Larry Dean Salmon, of Missouri Andrew T. Campen, 0000 Christian A. Lee, 0000 Anne M. Saloom, of Virginia Michael J. Capelli, 0000 Brian J. Lefebvre, 0000 Gentry O. Smith, of Virginia Willie L. Carmichael, 0000 Jacqueline M. Leverich, 0000 Stephen F. Smith, of Virginia Scott S. Casad, 0000 Andrew H. Light, 0000 William J. Swift, of Wisconsin Rene X. Casarez, 0000 Lexia M. Littlejohn, 0000 John L. Whitney, of Tennessee Christopher R. Cederholm, 0000 Chad A. Long, 0000 David M. Yeutter, of California John R. Cole, 0000 Kevin P. Lynn, 0000 Steven R. Chealander, of Texas, to be a Teali G. Coley, 0000 Simon A. Maple, 0000 Member of the National Transportation Robert C. Compher, 0000 Eric D. Masson, 0000 Safety Board for the remainder of the term Daniel A. Connolly, 0000 Joseph S. Masterson, 0000 expiring December 31, 2007. Chad W. Cooper, 0000 Heather A. McCafferty, 0000 Charles E. Dorkey III, of New York, to be Nathan E. Coulter, 0000 John F. McCarthy, 0000 a Member of the Advisory Board of the Saint Gregory L. Crettol, 0000 Rudy S. McGwin, 0000 Lawrence Seaway Development Corporation. Cornelius E. Cummings, 0000 Emily S. Mcintyre, 0000 Shawn E. Decker, 0000 Christopher A. McMunn, 0000 The following named officer for appoint- Michael E. Delury, 0000 Elizabeth A. McNamara, 0000 ment as the Director of the Coast Guard Re- John T. Dewey, 0000 Michael J. Mcneil, 0000 serve pursuant to Title 14, U.S.C., section 53 Steven J. Dohman, 0000 Randy F. Meador, 0000 in the grade indicated: Jeffrey T. Dolan, 0000 Jose E. Medina, 0000 To be rear admiral (lower half) Keith M. Donohue, 0000 Dwayne L. Meekins, 0000 Rear Adm. (select) Cynthia A. Coogan, 0000 Eric D. Drey, 0000 Matthew W. Merriman, 0000 Jerome E. Dubay, 0000 Andrew D. Meverden, 0000 Subject to qualifications provided by law, Brent N. Durbin, 0000 Timothy G. Meyers, 0000 the following for permanent appointment to Reino G. Ecklord, 0000 Todd S. Mikolop, 0000 the grade indicated in the National Oceanic Arthur J. Edwards, 0000 Kenneth V. Mills, 0000 and Atmospheric Administration. Damon C. Edwards, 0000 Richard W. Minnich, 0000 To be captain Jeffrey Eldridge, 0000 Marcus A. Mitchell, 0000 Raymond C. Slagle Rahshaan Engrum, 0000 Kirk W. Montgomery, 0000

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11732 CONGRESSIONAL RECORD — SENATE December 8, 2006 Donald P. Montoro, 0000 Kevin M. Wilson, 0000 Arts for a term expiring September 3, 2012, Alan H. Moore, 0000 John W. Winter, 0000 vice Mary Costa, term expired. Ellis H. Moose, 0000 Andrew J. Wright, 0000 Gerald Walpin, of New York, to be Inspec- Anne M. Morrissey, 0000 The following named officers for appoint- tor General, Corporation for National and Kenneth T. Nagie, 0000 ment to the grade indicated in the United Community Service, vice J. Russell George. John A. Natale, 0000 States Coast Guard Reserve under title 10, David R. Neel, 0000 U.S.C., section 12203(a): f Kenneth E. Nelson, 0000 To be captain Craig D. Neubecker, 0000 Douglas D. Norstrom, 0000 Andrea L. Contratto, 0000 LEGISLATIVE SESSION David J. Obermeier, 0000 Stephen B. Nye, 0000 Sean J. Obrien, 0000 Mark Everett Keenum, of Mississippi, to be The PRESIDING OFFICER. Under Timothy K. Obrien, 0000 a Member of the Board of Directors of the the previous order, the Senate will now Rebecca E. Ore, 0000 Commodity Credit Corporation, vice J. B. return to legislative session. Anthony K. Palmer, 0000 Penn. Mark Everett Keenum, of Mississippi, to be Luis C. Parrales, 0000 f Timothy A. Pasek, 0000 Under Secretary of Agriculture for Farm and Scott W. Peabody, 0000 Foreign Agricultural Services. Luke A. Perciak, 0000 Leland A. Strom, of Illinois, to be a Mem- MORGANZA TO THE GULF Patrick F. Peschka, 0000 ber of the Farm Credit Administration Justin D. Peters, 0000 Board, Farm Credit Administration, for a Ms. LANDRIEU. Mr. President, I Sandra J. Peterson, 0000 term expiring October 13, 2012. know it is very late and everybody is Douglas C. Petrusa, 0000 Terry L. Cline, of Oklahoma, to be Admin- working hard to finish up. We have ac- Harper L. Phillips, 0000 istrator of the Substance Abuse and Mental complished a great deal today. But I Tracy O. Phillips, 0000 Health Services Administration, Department wanted to come to the floor while the Scott S. Phy, 0000 of Health and Human Services. majority leader was here to explain Frank A. Pierce, 0000 The following candidates for personnel ac- that there is one small but important Keith J. Pierre, 0000 tion in the regular component of the Public project called Morganza to the Gulf Shannon M. Pitts, 0000 Health Service subject to qualifications Edward H. Pomer, 0000 therefore as provided by law and regulations: that the House of Representatives sent Jeffrey M. Potensky, 0000 To be assistant surgeon over to us about 2 hours ago. It is a Alisa L. Praskovich, 0000 scaled-back version, but the reason I Christopher J. Bengson Paul T. Priebe, 0000 am going to stay here until we are able Steven E. Ramassini, 0000 Samuel A. McArthur Chayanin Musikasinthorn to work this out is because this has Joshua T. Ramey, 0000 been approved by the subcommittee Jacob J. Ramos, 0000 The following candidate for personnel ac- Jason H. Ramsdell, 0000 tion in the regular component of the Public chair on the Republican side, the chair Travis J. Rasmussen, 0000 Health Service subject to qualifications on the Republican side, the sub- Eric A. Reeter, 0000 therefore as provided by law and regulations: committee chair on the Democratic James P. Reid, 0000 1. For appointment: side, and the chair on the Democratic Sean P. Roche, 0000 To be assistant surgeon side. This project, Mr. Majority leader, Rodrigo G. Rojas, 0000 Leah Hill is the only project in the entire WRDA Christopher A. Rose, 0000 Dana Gioia, of California, to be Chair- bill—in the entire bill that I am aware Constance F. Ruckstuhl, 0000 person of the National Endowment for the of—that was authorized in the last Matthew A. Rudick, 0000 Arts for a term of four years. (Reappoint- Belinda C. Savage, 0000 WRDA bill, but because of a technical ment) David J. Schell, 0000 error, it was left out. It was authorized, Elizabeth Dougherty, of the District of Co- Clint B. Schlegel, 0000 not in this WRDA bill—well it is, but lumbia, to be a Member of the National Me- Gregory J. Schultz, 0000 diation Board for a term expiring July 1, in two, the last and this one. So it is Anita M. Scott, 0000 2007, vice Edward J. Fitzmaurice, Jr., term because WRDA, of course, collapsed— Holly L. Shaffner, 0000 expired. and it is a very important bill; I have David M. Sherry, 0000 Elizabeth Dougherty, of the District of Co- literally billions of dollars of other Daniel J. Silvestro, 0000 lumbia, to be a Member of the National Me- Jennifer L. Sinclair, 0000 projects in the WRDA bill—that I am diation Board for a term expiring July 1, Loring A. Small, 0000 not asking to move forward because it 2010. (Reappointment) Derek L. Smith, 0000 would not be fair for me to ask to move Blanca E. Enriquez, of Texas, to be a Mem- Eric A. Smith, 0000 ber of the National Institute for Literacy mine forward because no one else is Shad S. Soldano, 0000 Advisory Board for a term expiring January getting theirs. But this project has James W. Spitler, 0000 30, 2009. (Reappointment) been signed off by Chairman INHOFE, by Douglas K. Stark, 0000 Sara Alicia Tucker, of California, to be Senator BOND, and Senator BOXER be- John M. Stone, 0000 Under Secretary of Education, vice Edward Benjamin F. Strickland, 0000 cause they recognize it is unique R. McPherson, resigned. among projects. Dennis R. Svatos, 0000 John Peyton, of Florida, to be a Member of Vasilios Tasikas, 0000 the Board of Trustees of the Harry S Truman I now understand it is being held up. Romualdus M. TenBerge Jr, 0000 Scholarship Foundation for a term expiring I just wanted to speak publicly. I wish Bradley K. Terrill, 0000 December 10, 2011, vice Patrick Lloyd to stay for a little while to see what we James P. Thompson, 0000 McCrory, term expired. can work out and see if we can get this Solomon C. Thompson, 0000 William Francis Price, Jr., of California, to to the House, the Morganza to the Gulf Russell R. Torgerson, 0000 be a Member of the National Council on the Andre P. Towner, 0000 has already been scaled back, and try Arts for a term expiring September 3, 2012. to get it done before we leave. Terry A. Trexler, 0000 Robert Bretley Lott, of Louisiana, to be a Christopher A. Tribolet, 0000 Member of the National Council on the Arts I yield the floor. Clinton A. Trocchio, 0000 for a term expiring September 3, 2012, vice Mr. FRIST. Mr. President, in re- Michael A. Turdo, 0000 Teresa Lozano Long, term expired. sponse to my colleague, through the Bryan J. Ullmer, 0000 Charlotte P. Kessler, of Ohio, to be a Mem- Chair, there are a number of pieces of Tina J. Urban, 0000 ber of the National Council on the Arts for a legislation we are continuing to look James A. Valentine, 0000 term expiring September 3, 2012, vice Kath- Daniel W. Vanbuskirk, 0000 arine DeWitt, term expired. at tonight. I know this is one about Eva J. Vancamp, 0000 Joan Israelite, of Missouri, to be a Member which discussions are ongoing. We will Steven P. Walsh, 0000 of the National Council on the Arts for a actually be looking at that with many Wilborne E. Watson, 0000 term expiring September 3, 2012, vice Don v. others. Tyson S. Weinert, 0000 Cogman, term expired. I have to say we do have scores and Brenda M. White, 0000 Benjamin Donenberg, of California, to be a scores of pieces of legislation that are Diana J. Wickman, 0000 Member of the National Council on the Arts Molly A. Wike, 0000 for a term expiring September 3, 2012, vice similar that have come forward—not Nathaniel R. Williams, 0000 Maribeth McGinely, term expired. exactly, they have not gone through Solomon J. Williams, 0000 Foreststorn Hamilton, of New York, to be two authorization projects—that have Tarik L. Williams, 0000 a Member of the National Council on the to be considered as well.

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11733 ADDITIONAL STATEMENTS tory, and government. Their test Today, with a population of more scores demonstrate a commitment to than 16,000, Mandan remains tied to the achievement—92 percent of sophomores railroad, housing a major rail equip- WINNETT SCHOOL BLUE RIBBON scored advanced or proficient in read- ment maintenance facility. It is also AWARD ing and 90 percent rated advanced or home to the Hebron Brick factory, ∑ Mr. BAUCUS. Mr. President, I am proficient in math. which is not only the sole surviving honored to speak to you today about a Students at Winnett School—you de- brick factory in the State, but is also school in my home State of Montana— serve this award. With your excellent the oldest manufacturing company of the Winnett School. The Department of education, you have no boundaries to any kind in the entire State of North Education recently selected the what you can accomplish. You are the Dakota. Mandan is known not only for Winnett School as 1 of only 200 schools leaders of tomorrow. its historical roots, but also for its across the country to receive a Blue Once again, congratulations on your beautiful scenery. Mandan has become Ribbon. Winnett School, with just 95 Blue Ribbon Award.∑ a magnet for hunters, fishermen, and students, is a wonderful example of f outdoor enthusiasts of all kinds. how dedication and effort can lead to Mandan is also home to Fort Lincoln CONGRATULATING MR. BRANDON success in education. which once served as an important in- WEBB To the students, teachers, parents, fantry and cavalry post. It is from Fort and administrators at Winnett, I con- ∑ Mr. BUNNING. Mr. President, I wish Lincoln that Lt. Col. George Arm- gratulate you on receiving this award. to congratulate Mr. Brandon Webb of strong Custer rode out on his ill-fated Being named a Blue Ribbon School is Ashland, KY. Mr. Webb was recently expedition against the Sioux at the one of the highest recognitions in our awarded the 2006 National League Cy Little Big Horn. Fort Lincoln is also country. With 120,000 schools nation- Young Award. home to the On-A-Slant Mandan vil- wide, less than one-tenth of 1 percent Mr. Webb graduated from Paul G. lage which has been located there for of all the schools are honored. Your Blazer High School in Ashland, KY, more than 400 years. school is a model of success. and went on to play baseball for the To celebrate the 125th anniversary of America today faces a world more in- University of Kentucky. He began his its founding, Mandan residents have tensely competitive than ever in our Major League career with the Arizona planned a full year’s worth of events, history. The coming decades will be a Diamondbacks in 2003 and has since be- which included a kick off party that race for economic leadership. If we are come known for his devastating sinker. featured local artists, a kids’ carnival to succeed in a global economy, we This season, Mr. Webb went 16–8 with a and a music performance that rep- must make education our focus. Noth- 3.10 ERA and pitched in the 2006 Major resented all 125 years worth of local ing is more important than providing League All-Star Game. music. every Montanan with a solid education Introduced in 1956 to honor the late Mr. President, I ask the U.S. Senate and the tools needed to succeed in life. Hall of Fame pitcher Cy Young, the Cy to join me in congratulating Mandan, Winnett School should be an example Young Award honors annually the best ND, and its residents on the first 125 to schools all over the country of what pitcher in each league in Major League years and in wishing them well we can do if we make a real commit- Baseball. The prestigious award is through the next century. By honoring ment to education. The students at voted on by members of the Baseball Mandan and all the other historic Winnett have set the standard for ex- Writers Association of America. towns of North Dakota, we keep the cellence that we must encourage and As a former Major League pitcher, I great pioneering frontier spirit alive expect at all schools. understand the strength and commit- for future generations. It is places such I have always said that our Montana ment it takes to reach such a high as Mandan that have helped to shape schools are the best in the country. level of accomplishment. To be singled this country into what it is today, And this week, the Department of Edu- out among so many great pitchers is which is why this fine community is cation has formally recognized you as truly an honor. deserving of our recognition. such. I congratulate Mr. Webb on this Mandan has a proud past and bright Winnett School has succeeded be- achievement. He is an inspiration to future.∑ cause of the investment that teachers, the citizens of Kentucky and to aspir- f students, parents and administrators ing athletes everywhere. I look forward make in the importance of a high-qual- to seeing all that he will accomplish in 125TH ANNIVERSARY OF ity education. I applaud the teachers the future. ∑ THOMPSON, NORTH DAKOTA for their dedication to making sure f ∑ Mr. CONRAD. Mr. President, today I that every student can succeed. Your wish to recognize a community in energy is impressive and should be an 125TH ANNIVERSARY OF MANDAN, North Dakota that celebrated its 125th example of what we can do with the NORTH DAKOTA anniversary. On July 7–9, the residents support and commitment from the en- ∑ Mr. CONRAD. Mr. President, I am of Thompson gathered to celebrate tire community. pleased to recognize a community in their community’s history and found- Your teachers go above and beyond North Dakota that celebrated its 125th ing. their curriculum requirements. Each anniversary earlier this year. On Feb- Thompson is a growing community Monday the teachers meet at 8 a.m. to ruary 25, 2006, the residents of Mandan in eastern North Dakota, just 10 miles talk about whether any student in the kicked off a yearlong celebration of south of Grand Forks. Settlers came to whole school is at risk of falling be- their community’s history and found- the area as early as 1874. With the ar- hind. If a student is struggling, the ing. rival of the railroad 5 years later, more staff together prepares a plan for the Mandan is a vibrant community in pioneers came to settle in the region. student and enlists the parents’ help west-central North Dakota, located Founded in 1881 with the establishment and cooperation. This dedication to the along the bank of the great Missouri of a post office, the community name entire student community is evident in River in Morton County. With historic was changed from Norton to Thompson your students’ commitment to edu- roots dating back to 1100 A.D., when by residents to avoid potential confu- cation and achievement in school. The the first Native American settlers ar- sion with Norton, MN. school dropout rate is zero and has rived, Mandan is rich with history. The Thompson attracts people who like been for some time. The last student city of Mandan was incorporated on small town living but hold jobs in the who dropped out of school was over 10 February 25, 1881, and named for the nearby city. Thompson residents also years ago. That is way below the na- Mantani Indians, or ‘‘people of the celebrate the values they instill upon tional dropout rate. bank.’’ With the development of the their children, because those are the Not only do Winnett School students railroads and the close proximity to same values taught to them years ago. stay in school, but they excel in a rig- the Missouri river, Mandan flourished The people of Thompson have worked orous curriculum. All students take 4 and became known as ‘‘Where the West for a sense of community and, in doing years of math, science, English, his- begins.’’ so, have established ‘‘Thompson Days,’’

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11734 CONGRESSIONAL RECORD — SENATE December 8, 2006 a time to meet neighbors and celebrate Scouts—including both of his sons—to civil service career as an education ad- the heritage of an entire area. Thomp- receive the Eagle Award, the highest viser in Virginia, followed by two simi- son Days features a parade, garden rank attainable within the Boy Scouts. lar assignments in Korea. During this tour, dances, craft shows, classic car This is a stark contrast to the national time, he has served as an education show, horseshoe tournament, and lots average of 4 percent of Scouts who re- specialist, Headquarters Department of of other activities. ceive the award. Jeff’s remarkable the Army; Director of Education, U.S. Mr. President, I ask the U.S. Senate dedication and leadership to the group Army Southern European Task Force, to join me in congratulating Thomp- has earned him numerous awards and Vicenza, Italy; Deputy Director of Edu- son, ND, and its residents on their first commendations, and I believe he de- cation, U.S. Army Forces Command, 125 years and in wishing them well serves our recognition as well. Atlanta Georgia; and Deputy Director through the next century. By honoring Jeff was also accepted as a member of of the Defense Activity for Non-Tradi- Thompson and all the other historic the Boy Scout prestigious Order of the tional Education Support, DANTES. small towns of North Dakota, we keep Arrow Honor Society, and his sons fol- In 1984, Dr. Gantz was selected as the the great pioneering frontier spirit lowed in his footsteps to attain the dis- DANTES European adviser. In this po- alive for future generations. It is places tinction. Clearly, not only did Jeff sition, he provided guidance and train- such as Thompson that have helped to commit himself to serving others, but ing to education professionals sup- shape this country into what it is he inspired those around him to do the porting military personnel throughout today, which is why this fine commu- same. the United States-European military nity is deserving of our recognition. Born on March 9, 1960, in Milwaukee commands. He has served on numerous Thompson has a proud past and a to Dr. Eugene and Jean Sinclair, Jeff advisory boards and been selected to ∑ bright future. was an accomplished individual who participate in many national con- f dedicated himself to helping others. In ferences as an expert in education pro- RECOGNIZING THE HAWTHORNE 1983 he earned a business degree from gramming. This year he was inducted MIDDLE SCHOOL Marquette University, and for the next into the International Adult and Con- several years, he used his skills and ex- tinuing Education Hall of Fame in Dal- ∑ Mr. CRAPO. Mr. President, Idahoans pertise to serve the State of Wisconsin las, TX. have a strong reputation for being through the Department of Revenue. Since 1994, Dr. Gantz has been the staunchly patriotic and supporting our While Jeff was successful and well re- first and only chief of the federally au- military men and women. I am proud garded in his career and throughout thorized Troops to Teachers Program. to say that this patriotism has its Boy Scouts, his greatest priorities were Under his dynamic and innovative roots even in our children, as evidenced his family and his faith. A loving hus- leadership, over 9,000 servicemembers by the recent penny drive held at Haw- band to wife Kathy and a dedicated fa- from the Army, Air Force, Coast thorne Middle School in Pocatello, ID. More than 500 seventh and eighth ther to four children—Matt, Andy, Guard, Marine Corps and Navy have graders, with the help of teachers and Maggie and Emma—Jeff found great made the transition from military ca- administrators, raised $1,000 over the joy in encouraging and supporting reers to become K–12 public education course of 3 weeks to purchase special their endeavors. In addition to his de- classroom teachers and school adminis- gifts for our troops in Iraq and Afghan- voted involvement with his sons’ Boy trators. His superb dedication to de- istan. That $1,000, mostly in change, re- Scout troop, Jeff often assisted with velop a unique program that recruits quired daily counting by the students his daughters’ soccer teams. He was special education, mathematics and and, from what I understand, taking it also very active in his home parish, St. science teachers for high-needs, low-in- to the bank required multiple bags and Dominic’s. come schools has provided countless boxes! In fact, 100,000 pennies weigh On behalf of my colleagues and my- students the benefit of learning with close to 700 lbs, so I am certain that it self, I want to remember Jeff Sinclair ‘‘real world’’ mentors and role models. was a heavy deposit despite the fact for his dedication to his family, His dedication to academic excellence, that it wasn’t all collected in pennies. church, and community. Undoubtedly, complete selflessness and visionary This remarkable achievement and dedi- he was a great friend, mentor, and professionalism has brought great cred- cation to supporting our military over- source of joy to countless individuals it not only upon himself, but also upon seas deserves recognition and con- throughout the years, and he will be the Troops to Teachers Program and gratulations. Hawthorne Middle missed. public education everywhere. school’s success reflects a sense of civic Mr. President, please join me in of- I know my colleagues in the Senate duty and national pride, refreshing in fering deepest sympathy to his wife, join me in congratulating Dr. Gantz for middle school students in today’s children, and parents. May they find his dedicated service to our country. world. This is indicative of the influ- peace and comfort knowing that Jeff’s He has made a significant difference in ence of strong families and strong edu- legacy of serving, teaching, and em- both the U.S. Army and as chief of the cators at this Idaho school. I commend powering others will last far into the Troops to Teachers Program. Once them on their generosity and commit- future that this world is a better place again, I thank Dr. Gantz for his many ment to our troops, and present Haw- because of him.∑ years of devoted service. ∑ thorne Middle School students, par- f f ents, and teachers as models of patriot- TRIBUTE TO DR. JOHN R. GANTZ EBENEZER AFRICAN METHODIST ism, civic duty, and selfless giving.∑ ∑ Mr. LEVIN. Mr. President, I recog- EPISCOPAL CHURCH f nize Dr. John R. Gantz for his 43 years ∑ Mr. LEVIN. Mr. President, it is my TRIBUTE TO JEFF SINCLAIR of distinguished service to the United pleasure to congratulate an out- ∑ Mr. DEMINT. Mr. President, today I States of America. Dr. Gantz has pro- standing and historic church from my pay tribute to Jeff Sinclair, an out- vided faithful service to his Nation as a home State of Michigan. This year, standing Scoutmaster in the State of soldier, educator and as chief of the Ebenezer African Methodist Episcopal Wisconsin who passed away October 25, Troops to Teachers Program. A native Church of Detroit, celebrates 135 years 2006, after a brave battle with cancer. of Pennsylvania, Dr. Gantz earned a of service, learning and faith. This Jeff’s involvement with the Boy Bachelor of Science degree from East milestone provides the perfect oppor- Scouts began in 1998, when he became a Stroudsberg University, a Master’s De- tunity to reflect on the rich history of leader of St. Dominic’s Cub Scout Pack gree in Adult Education from George this institution and to remember the 119. Beginning in 2001, he served as Washington University, and a Doctor many individuals who played an inte- Scoutmaster for St. John Vianney’s of Education degree from the Univer- gral part in its success. Boy Scout Troop 71, and despite his ill- sity of Southern California. The name ‘‘Ebenezer’’ means ‘‘stone ness, he continued leading the group After serving in the infantry with the of help,’’ and for 135 years, Ebenezer until his death. U.S. Army at Fort Dix, he taught African Methodist Episcopal Church During his tenure as Scoutmaster, mathematics and science for the Job has truly exemplified this meaning. Jeff mentored over 14 percent of his Corps in New Jersey. He then began his Ebenezer was established by a small

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11735 congregation from Detroit’s Colored showcase their talents by designing work for the Republican Party, Vir- Society under the leadership of Rev. and implementing original robotic de- ginia Thomas opened her home to nu- Gee C. Booth on November 2, 1871, to signs. Teams work together to build in- merous GOP candidates—many of them serve as a safe harbor for newly freed dividual robots and compete against to kick off their campaigns. Her energy slaves in Detroit. Rev C.H. Ward served high school participants across the and hospitality were well known, and as the first pastor for 25 years. Three country. In total, 1,130 teams competed Republicans from Ronald Reagan to pastors from Ebenezer were elected to in the 2006 FIRST National Champion- Charlie Crist had the pleasure of being the office of Bishop of the African ship in Atlanta, GA. welcomed into her home. Candidates Methodist Episcopal Church—Bishop I am proud to have this opportunity always spoke about their ideas and vi- George W. Baber served as pastor from to honor the ThunderChickens, a sion in front of her now-famous raised 1933 until he was elected in 1944; Bishop metro-Detroit based engineering team fireplace hearth and her warm hospi- Hubert Robison served as pastor from made up of 38 high school students. tality made her many friends. 1955 until he was elected in 1964; and Great skill, creativity, and originality Before calling Florida home, Virginia Bishop Robert Thomas, Jr. served as went into their highly competitive Thomas, a Birmingham, AL, native, pastor from 1972 until 1988. More re- robotic design. I would like to individ- made history in her State. In 1943, she cently, Rev. Robert L. Phillips, who ually honor each member of the joined and became part of the first served as pastor from 1991 until 1997, ThunderChickens and their mentors at group of women Marines in the State of became presiding elder of the north the Utica Center for Mathematics, Alabama. She completed basic training district of the Michigan Annual Con- Science, and Technology. The members in both South Carolina and Georgia ference in 1997. of the 2006 ThunderChickens include and was then sent to the U.S. Marine Throughout its history, Ebenezer Michael DelBene, Jessica Zavadil, Corps base in El Centro, CA, to serve as served as an institution fully engaged Shannon Willaert, Gregory Petty, An- a supply officer. There in California, in the fight for civil and human rights. nette Palazzolo, Jacob Miller, Joseph she met her future husband, Marine Ebenezer has also worked with the Guzzardo, Sara Craun, Nina Fabian, L.E. ‘‘Tommy’’ Thomas, and after the community to make Detroit a better Kyle Yaxley, Stephanie Hasty, Sala war ended, they headed for Bir- city through outreach ministries, com- Sadaps, Steven Perry, Joshua Bails, mingham. Eventually, she and her fam- munity involvement and financial in- Brian Turoski, Irene Zhu, James ily moved to Florida, where Virginia vestments. In 1901, the church provided Courtois, Tony Kraus, Michael Har- Thomas became very active in their financial assistance to Henry Ford rison, Ryan Boyle, Brett Ankawi, Mi- community. when he approached Ebenezer for sup- chael Lee, Salvatore Mattera, Joseph Virginia Thomas will not be forgot- port of endeavors to develop his auto- Scharnitzke, Anthony Schuller, Mi- ten by the generations of Floridians mobile company. During the Depres- chael Ross, Ashley VanMaldeghem, that came to know her and her lively sion, the church established an employ- Shayna Kunz, David Orban, Paul spirit. And because of her volunteerism ment bureau and relief agency for fam- Szymanski, Andrew Fonk, Gregory and good work throughout more than ilies in need, and during WWII the con- Lau, Aaron Vedolich, Brian Lademan, 40 years in the Bay County area, she gregation housed soldiers in the dorms Mihai Bulic, Heather Hampton, Ed will be remembered long into the fu- of the former church building. Because Lionte, and Chad Thornbro. Their ture. We will miss this good Floridian. of this rich history, in 2003, Ebenezer teacher mentors include Ron Yet we know that her legacy will be African Methodist Episcopal Church Arscheene, Anita Stafford, Mike Attan, carried on by her family and friends. was designated a historical site by the and Janet Kent. Their engineering The good works of Virginia Scott Detroit Historical Commission. mentors include Paul Copioli, Ed Thomas will live on.∑ Today, Ebenezer strives to continue Debler, Bob Korson, Mike Copioli, f this rich history through a variety of Mike Beem, Jim Yaxley, Rick RECOGNIZING LINKS, INC. ministries, including programs for Thornbro, Omar Zrien and Bill Baedke. young adults and the homeless, as well This championship is a testament to ∑ Mr. MENENDEZ. Mr. President, as substance abuse and prison min- and the result of many, many hours of today I recognize the North Jersey istries. Ebenezer African Methodist hard work and perseverance. While the Chapter of the Links, Inc.’s Linkages Episcopal Church continues to stand as immediate result of their work is im- to Life Program, and honor the pro- a ‘‘stone of help’’ under the leadership pressive, I look forward to the bright gram participants for their hard work of Rev. Dr. H. Michael Lemmons. As futures that are ahead of these stu- and dedication to raising awareness the sixth oldest Black congregation in dents. They have established a solid about the importance of blood, tissue, Detroit with members from four or foundation on which to develop their marrow, and organ donation among mi- more generations, Ebenezer is full of interest in the field of engineering. nority communities. memories of great historical moments They have also gained invaluable, Each year, for the past 5 years, and faith that there are many more to hands-on experience. Links, Inc., in collaboration with come. Once again, I would like to congratu- Roche Pharmaceutical Company, con- I know my Senate colleagues will late the ThunderChickens on their re- ducted the Linkages to Life Program join me in congratulating Ebenezer Af- markable 2006 First Robotics Competi- to help save lives by educating individ- rican Methodist Episcopal Church and tion National Championship.∑ uals of African descent about blood, wish its members, volunteers and min- f tissue, marrow, and organ donation. isterial staff continued success as they With the help of a publication called TRIBUTE TO VIRGINIA SCOTT celebrate their 135th anniversary. ∑ Can We Talk? they were able to reach THOMAS f a large number of individuals, and edu- ∑ Mr. MARTINEZ. Mr. President, cate them about how they can help RECOGNIZING THE today, I honor an important Floridian save lives by being a volunteer donor. THUNDERCHICKENS and a proud American. Virginia Scott More specifically, the North Jersey ∑ Mr. LEVIN. Mr. President, I would Thomas was a loving wife and mother, Chapter provided important education like to congratulate the a passionate volunteer, and a trail- services to individuals and families in ThunderChickens on winning the 2006 blazer for women in Republican poli- Essex, Hudson, Bergen, and Passaic FIRST Robotics Competition. This is a tics—I am very thankful that she was a Counties. tremendous accomplishment, and I am constituent of mine. Sadly, she died Today, approximately 93,000 people delighted to recognize the impressive this past month—but her legacy of are awaiting transplant surgery, and 25 result of their hard work, dedication, hard work and dedication to good lives percent of the people awaiting trans- and commitment. on. plants are of African descent. In New The For Inspiration and Recognition Virginia Thomas should be com- Jersey, there are close to 3,000 individ- in Science and Technology, FIRST, mended for the work she put into cre- uals awaiting an organ transplant. program provides aspiring engineers ating the Bay County Republican Since organs are matched by a number with an opportunity to develop and Women’s Club. As part of her volunteer of factors, including blood and tissue

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11736 CONGRESSIONAL RECORD — SENATE December 8, 2006 typing, which can vary by race, pa- ghanistan and Iraq, as well as the cur- The message further announced that tients are more likely to find matches rent tensions with Iran and North the House agrees to the amendment of among donors of their same race or Korea. Joyce has been a tremendous the Senate to the bill (H.R. 864) to pro- ethnicity. Given the large number of help over the past 27 years in getting vide for programs and activities with individuals of African descent awaiting the members and staff of the Senate respect to the prevention of underage transplants, it is critical to increase Select Committee on Intelligence the drinking. the knowledge about donating blood, information and briefings we need to f tissue, marrow, and organs among all do our work. ENROLLED BILLS SIGNED races and ethnicities. Thank you for your service, Joyce, Since 1996, our country reserves the and we wish you a healthy and pros- At 12:17 p.m., a message from the second weekend in November to em- perous retirement.∑ House of Representatives, delivered by Mr. Hays, one of its reading clerks, an- phasize the need for life-saving and f life-altering blood, organ, marrow, and nounced that the Speaker has signed tissue donation in houses of worship TRIBUTE TO JOHN MACHACEK the following enrolled bills: throughout the United States. This ∑ Mr. SCHUMER. Mr. President, it is H.R. 1492. An act to provide for the preser- program is known as the National with great honor that I recognize John vation of the historic confinement sites Organ Donor Sabbath, and November Machacek for nearly 40 years of service where Japanese Americans were detained 10–12, 2006, marked the 10th anniver- as a reporter for Gannett News Service. during World War II, and for other purposes. sary celebration. H.R. 4510. An act to direct the Joint Com- He has dedicated his career to breaking mittee on the Library to accept the donation Links, Inc., is built on a foundation down policy and politics in a way that of a bust depicting Sojourner Truth and to of friendship and service. Today, it con- underscores how these important display the bust in a suitable location in the tains a network or more than 10,000 Af- issues affect the daily lives of the peo- rotunda of the Capitol. rican-American women. This year the ple of New York. John began his Gan- H.R. 4583. An act to amend the Wool Prod- motto for Links, Inc., is ‘‘Seizing the nett career in 1967 as a reporter for the ucts Labeling Act of 1939 to revise the re- Opportunity to Provide World Class Times Union in Rochester. In 1972 John quirements for labeling of certain wool and Leadership, Friendship and Service.’’ won a Pulitzer Prize for using his in- cashmere products. The members of the North Jersey H.R. 4720. An act to designate the facility stinctive investigative reporting skills of the United States Postal Service located Chapter of Links, Inc., exemplify that to produce unparalleled coverage of the at 200 Gateway Drive in Lincoln, California, motto. Attica prison riot. He began covering as the ‘‘Beverly J. Wilson Post Office Build- Mr. President, I am pleased to recog- the entire State of New York, from ing’’. nize the dedication and commitment of Rochester to Westchester, in 1983 and H.R. 4766. An act to amend the Native the North Jersey Chapter of Link’s, has kept readers informed on news and American Programs Act of 1974 to provide Inc., members to help others. I urge my politics by serving as a watchdog for for the revitalization of Native American languages through Native American lan- colleagues to join me in thanking these the American people ever since. John individuals for helping fellow New guage immersion programs; and for other has accomplished what reporters all purposes. Jerseyans live longer and healthier over the Nation set out to do by im- H.R. 5108. An act to designate the facility lives.∑ mersing himself in the art of jour- of the United States Postal Service located f nalism and becoming one of the great- at 1213 East Houston Street in Cleveland, Texas, as the ‘‘Lance Corporal Robert A. TRIBUTE TO JOYCE WOODBURN est reporters in his field. He has spent his career with his finger on the pulse Martinez Post Office Building’’ . ∑ Mr. ROBERTS. Mr. President, today of the Nation’s politics, government, H.R. 5857. An act to designate the facility I honor Ms. Joyce Woodburn’s 35 years of the United States Postal Service located and the American people. John’s unbri- at 1501 South Cherrybell Avenue in Tucson, of dedicated service at the Central In- dled search for the truth has raised the telligence Agency. Ms. Woodburn has Arizona, as the ‘‘Morris K. ‘Mo’ Udall Post standards in journalism and reporting Office Building’’ . had a long and distinguished Govern- among his peers, coworkers and com- H.R. 5923. An act to designate the facility ment career, and on January 2, 2007, petitors and he will always be remem- of the United States Postal Service located she will bring to a close a career as a ber for his unbiased and colorful ac- at 29–50 Union Street in Flushing, New York, CIA staff officer that includes over 27 counts of our Nation’s most important as the ‘‘Dr. Leonard Price Stavisky Post Of- years in the CIA’s Office of Congres- and transformative landmark events. fice’’. H.R. 5989. An act to designate the facility sional Affairs. As John concludes his renowned and Joyce began her extensive career as a of the United States Postal Service located distinguished 40 year career, he will be at 10240 Roosevelt Road in Westchester, Illi- secretary and rose to the rank of senior placed among the most influential re- executive within the Agency. During nois, as the ‘John J. Sinde Post Office Build- porters to have ever worked for Gan- ing’. her career, she has worked for 7 Presi- nett News Service.∑ H.R. 5990. An act to designate the facility dents, 13 Directors of Central Intel- of the United States Postal Service located f ligence, 2 Directors of the CIA, and the at 415 South 5th Avenue in Maywood, Illi- first Director of National Intelligence. MESSAGES FROM THE HOUSE nois, as the ‘‘Wallace W. Sykes Post Office Joyce’s excellent work and profes- Building’’. At 11:39 a.m., a message from the sionalism is well known to us on the H.R. 6078. An act to designate the facility House of Representatives, delivered by Senate Select Committee on Intel- of the United States Postal Service located Ms. Niland, one of its reading clerks, ligence, and she has been a linchpin in at 307 West Wheat Street in Woodville, announced that the House has passed Texas, as the ‘‘Chuck Fortenberry Post Of- coordinating and supporting the CIA’s the following bills, in which it requests fice Building’’. relations with Congress over the last 27 the concurrence of the Senate: H.R. 6102. An act to designate the facility years. Her calm and friendly diplomacy of the United States Postal Service located has certainly smoothed over many a H.R. 5697. An act to provide for the appro- at 200 Lawyers Road, NW in Vienna, Vir- priate designation of certain Federal posi- ginia, as the ‘‘Captain Christopher Petty bump in the CIA’s relations with Con- tions involved in wildland fire suppression gress. Post Office Building’’. activities. H.R. 6151. An act to designate the facility She has represented the CIA in Con- H.R. 6206. An act to revise the calculation gress through some historic crises, in- of the United States Postal Service located of interest on investment of the Harry S. at 216 Oak Street in Farmington, Minnesota, cluding the ordeal of the American hos- Truman Memorial Scholarship Fund. as the ‘‘Hamilton H. Judson Post Office’’. tages in Iran, the Soviet occupation of The message also announced that the H.R. 6316. An act to extend through Decem- Afghanistan, the bombings of the Em- House has agreed to the following con- ber 31, 2008, the authority of the Secretary of bassy and Marine compounds in Beirut, current resolution, in which it requests the Army to accept and expend funds con- the Iran-Contra scandal, the fall of the the concurrence of the Senate: tributed by non-Federal public entities to expedite the processing of permits. Soviet Union, Operation Desert Storm, H. Con. Res. 343. Concurrent resolution rec- Somalia, the bombings of our embas- ognizing the 50th anniversary of the Com- The enrolled bills were subsequently sies in Africa, 9/11 and the hunt for mission on Independent Colleges and Univer- signed by the President pro tempore Osama bin Laden, the invasions of Af- sities. (Mr. STEVENS).

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11737 ENROLLED BILLS SIGNED leases for the Department of Veterans bill (H.R. 5682) to exempt from certain At 4:27 p.m., a message from the Affairs for fiscal years 2006 and 2007, requirements of the Atomic Energy House of Representatives, delivered by and for other purposes, with amend- Act of 1954 a proposed nuclear agree- Ms. Niland, announced that the Speak- ments, in which it requests the concur- ment for cooperation with India. er has signed the following enrolled rence of the Senate. f bills: The message further announced that pursuant to section 1238(b)(3) of the ENROLLED BILLS SIGNED S. 1346. An act to direct the Secretary of The message also announced that the the Interior to conduct a study of maritime Floyd D. Spence National Defense Au- sites in the State of Michigan. thorization Act for Fiscal Year 2001 (22 Speaker has signed the following en- S. 1820. An act to designate the facility of U.S.C. 7002), amended by division P of rolled bills: the United States Postal Service located at the Consolidated Appropriations Reso- S. 2370. An act to promote the development 6110 East 51st Place in Tulsa, Oklahoma, as lution, 2003 (22 U.S.C. 6901), the Minor- of democratic institutions in areas under the the ‘‘Dewey F. Bartlett Post Office’’. ity Leader reappoints the following in- administrative control of the Palestinian S. 1998. An act to amend title 18, United dividual to the United States-China Authority, and for other purposes. States Code, to enhance protections relating S. 3759. An act to name the Armed Forces to the reputation and meaning of the Medal Economic and Security Review Com- Readiness Center in Great Falls, Montana, in of Honor and other military decorations and mission for a term expiring December honor of Captain William Wylie Galt, a re- awards, and for other purposes. 31, 2008. His current term expires De- cipient of the Congressional Medal of Honor. S. 3938. An act to reauthorize the Export- cember 31, 2006: Mr. Michael Wessel of The enrolled bills were subsequently Import Bank of the United States. Falls Church, Virginia. signed by the President pro tempore S. 4044. An act to clarify the treatment of Ordered further, that the Minority (Mr. STEVENS). certain charitable contributions under title Leader appoints Mr. Jeffrey L. Fiedler 11, United States Code. of Great Falls, Virginia, to fill the re- S. 4073. An act to designate the outpatient At 10:56 p.m., a message from the clinic of the Department of Veterans Affairs mainder of the term of Mr. George House of Representatives, delivered by located in Farmington, Missouri, as the Becker, who is resigning effective De- Ms. Niland, one of its reading clerks, ‘‘Robert Silvey Department of Veterans Af- cember 31, 2006. The current term on announced that the House has passed fairs Outpatient Clinic’’. which Mr. Fiedler succeeds Mr. Becker the following bill, in which it requests H.R. 758. An act to establish an inter- expires December 31, 2007. the concurrence of the Senate: agency aerospace revitalization task force to The message also announced that H.R. 6407. An act to reform the postal laws develop a national strategy for aerospace pursuant to Public Law 109–236, the Mi- of the United States. workforce recruitment, training, and cul- nority Leaders of the House of Rep- tivation. The message further announced that H.R. 854. An act to provide for certain resentatives and the Senate appoint the House has agreed to the following lands to be held in trust for the Utu Utu the following individual to the MINER concurrent resolution, in which it re- Gwaitu Paiute Tribe. Act Technical Study Panel: Dr. James quests the concurrence of the Senate: H.R. 1285. An act to extend for 3 years L. Weeks of Maryland. H. Con. Res. 502. Concurrent resolution to changes to requirements for admission of correct the enrollment of the bill H.R. 5682. nonimmigrant nurses in health professional At 9:28 p.m., a message from the shortage areas made by the Nursing Relief House of Representatives, delivered by At 11:46 p.m., a message from the for Disadvantages Areas Act of 1999. Ms. Niland, one of its reading clerks, H.R. 1472. An act to designate the facility House of Representatives, delivered by announced that the House has passed Ms. Niland, one of its reading clerks, of the United States Postal Service located the following bill, in which it requests at 167 East 124th Street in New York, New announced that the House has passed the concurrence of the Senate: York, as the ‘‘Tito Puente Post Office Build- the following bill, in which it requests ing’’. H.R. 5948. An act to reauthorize the the concurrence of the Senate: Belarus Democracy Act of 2004. H.R. 4057. An act to provide that attorneys H.R. 6060. An act to authorize certain ac- employed by the Department of Justice shall The message also announced that the tivities by the Department of State, and for be eligible for compensatory time off for House agrees to the amendment of the other purposes. travel under section 5550b of title 5, United Senate to the bill (H.R. 6111) to amend States Code. the Internal Revenue Code of 1986 to At 1:02 a.m., a message from the H.R. 4246. An act to designate the facility House of Representatives, delivered by of the United States Postal Service located provide that the Tax Court may review at 8135 Forest Lane in Dallas, Texas, as the claims for equitable innocent spouse Ms. Brandon, one of its reading clerks, ‘‘Dr. Robert E. Price Post Office Building’’. relief and to suspend the running on announced that the House has passed H.R. 5136. An act to establish a National the period of limitations while such the following bills, in which it requests Integrated Drought Information System claims are pending, with amendments, the concurrence of the Senate: within the National Oceanic and Atmos- in which it requests the concurrence of H.R. 6427. An act to increase the amount in pheric Administration to improve drought the Senate. certain funding agreements relating to pat- monitoring and forecasting capabilities. ents and nonprofit organizations to be used H.R. 5736. An act to designate the facility At 10:23 p.m., a message from the for scientific research, development, and of the United States Postal Service located House of Representatives, delivered by education, and for other purposes. at 101 Palafox Place in Pensacola, Florida, as H.R. 6428. An act to authorize the Sec- the ‘‘Vincent J. Whibbs, Sr. Post Office Ms. Niland, one of its reading clerks, announced that the House has passed retary of the Army to carry out certain ele- Building’’. ments of the project for hurricane and storm the following joint resolution, in which The enrolled bills were subsequently damage reduction, Morganza to the Gulf of signed by the President pro tempore it requests the concurrence of the Sen- Mexico, Louisiana. ate: (Mr. STEVENS). The message also announced that the H.J. Res. 102. Joint resolution making fur- House passed the following bills, with- ther continuing appropriations for the fiscal At 5:49 p.m., a message from the out amendment: House of Representatives, delivered by year 2007, and for other purposes. The message also stated that the S. 3821. An act to authorize certain ath- Ms. Niland, one of its reading clerks, letes to be admitted temporarily into the announced that the House has passed House has agreed to the following con- United States to compete or perform in an the following bill, without amendment: current resolution, in which it requests athletic league, competition, or perform- S. 4046. An act to extend oversight and ac- the concurrence of the Senate: ance. countability related to United States recon- H. Con. Res. 503. Concurrent resolution S. 4042. An act to amend title 18, United struction funds and efforts in Iraq by extend- providing for the sine die adjournment of the States Code, to prohibit disruptions of funer- ing the termination date of the Office of the second session of the One Hundred Ninth als of members or former members of the Special Inspector General for Iraq Recon- Congress. Armed Forces. struction. The message further announced that S. 4050. An act to designate the facility of the United States Postal Service located at The message also announced that the the House agrees to the report of the 103 East Thompson Street in Thomaston, House has passed the bill (S. 3421) to committee of conference on the dis- Georgia, as the ‘‘Sergeant First Class Robert authorize major medical facility agreeing votes of the two Houses on Lee ‘Bobby’ Hollar, Jr. Post Office Build- projects and major medical facility the amendment of the Senate to the ing’’.

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11738 CONGRESSIONAL RECORD — SENATE December 8, 2006 S. 4093. An act to amend the Farm Security Ms. Niland, one of its reading clerks, Oahe Unit, James Division, South Dakota, to and Rural Investment Act of 2002 to extend a announced that the Speaker has signed the Commission of Schools and Public Lands suspension of limitation on the period for the following enrolled bills: and the Department of Game, Fish, and which certain borrowers are eligible for Parks of the State of South Dakota for the guaranteed assistance. S. 4046. An act to extend oversight and ac- purpose of mitigating lost wildlife habitat, countability related to United States recon- on the condition that the current pref- f struction funds and efforts in Iraq by extend- erential leaseholders shall have an option to ing the termination date of the Office of the ENROLLED BILLS SIGNED purchase the parcels from the Commission, Special Inspector General for Iraq Recon- and for other purposes. At 12:59 a.m., a message from the struction. S. 2653. An act to direct the Federal Com- House of Representatives, delivered by S. 4050. An act to designate the facility of munications Commission to make efforts to Ms. Niland, one of its reading clerks, the United States Postal Service located at reduce telephone rates for Armed Forces per- announced that the Speaker has signed 103 East Thompson Street in Thomaston, sonnel deployed overseas. Georgia, as the ‘‘Sergeant First Class Robert the following enrolled bills: S. 2735. An act to amend the National Dam Lee ‘Bobby’ Hollar, Jr. Post Office Build- Safety Program Act to reauthorize the na- S. 843. An act to amend the Public Health ing’’. tional dam safety program, and for other Service Act to combat autism through re- The enrolled bills were subsequently purposes. search, screening, intervention and edu- S. 3546. An act to amend the Federal Food, cation. signed by the Majority Leader (Mr. FRIST). Drug, and Cosmetic Act with respect to seri- H.R. 394. An act to direct the Secretary of ous adverse event reporting for dietary sup- the Interior to conduct a boundary study to plements and nonprescription drugs, and for evaluate the significance of the Colonel At 4:04 a.m., a message from the House of Representatives, delivered by other purposes. James Barrett Farm in the Commonwealth S. 3678. An act to amend the Public Health of Massachusetts and the suitability and fea- Ms. Niland, one of its reading clerks, Service Act with respect to public health se- sibility of its inclusion in the National Park announced that the House agrees to curity and all-hazards preparedness and re- System as part of the Minute Man National the amendment of the Senate to the sponse, and for other purposes. Historical Park, and for other purposes. bill (H.R. 5946) to amend the Magnuson- S. 4091. An act to provide authority for res- H.R. 864. An act to provide for programs Stevens Fishery Conservation and toration of the Social Security Trust Funds and activities with respect to the prevention from the effects of a clerical error, and for of underage drinking. Management Act to authorize activities to promote improved monitoring other purposes. H.R. 1674. An act to authorize and S. 4092. An act to clarify certain land use strengthen the tsunami detection, forecast, and compliance for high seas fisheries, in Jefferson County, Colorado. warming, and mitigation program of the Na- or fisheries governed by international The message further announced that tional Oceanic and Atmospheric Administra- fishery management agreements, and the House has passed the following tion, to be carried out by the National for other purposes. Weather Service, and for other purposes. The message further announced that bills, in which it requests the concur- H.R. 4416. An act to reauthorize perma- the House agrees to the amendment of rence of the Senate: nently the use of penalty and franked mail H.R. 1554. An act to enhance and further in efforts relating to the location and recov- the Senate to the bill (H.R. 6164) to amend title IV of the Public Health research into paralysis and to improve reha- ery of missing children. bilitation and the quality of life for persons H.R. 5076. An act to amend title 49, United Service Act to revise and extend the living with paralysis and other physical dis- States Code, to authorize appropriations for authorities of the National Institutes abilities, and for other purposes. fiscal years 2007 and 2008, and for other pur- of Health, and for other purposes. H.R. 3885. An act to provide for a circu- poses. The message also announced that the lating quarter dollar coin program to honor H.R. 5132. An act to direct the Secretary of House has passed the bill (S. 707) to re- the District of Columbia, the Commonwealth the Interior to conduct a special resource duce preterm labor and delivery and of Puerto Rico, Guam, American Samoa, the study to determine the suitability and feasi- the risk of pregnancy-related deaths United States Virgin Islands, and the Com- bility of including in the National Park Sys- monwealth of the Northern Mariana Islands, tem certain sites in Monroe County, Michi- and complications due to pregnancy, and for other purposes. gan, relating to the Battles of the River Rai- and to reduce infant mortality caused H.R. 5304. An act to amend title 18, United sin during the War of 1812. by prematurity, with an amendment, States Code, to provide a penalty for caller H.R. 5466. An act to amend the National in which it requests the concurrence of ID spoofing, and for other purposes. Trails System Act to designate the Captain the Senate. H.R. 5472. An act to amend the Public John Smith Chesapeake National Historic The message further announced that Health Service Act to provide waivers relat- Trail. the House has passed the bill (S. 1608) ing to grants for preventive health measures H.R. 5646. An act to study and promote the to enhance Federal Trade Commission with respect to breast and cervical cancers. use of energy efficient computer servers in H.R. 6429. An act to treat payments by the United States. enforcement against illegal spam, charitable organizations with respect to cer- H.R. 6131. An act to permit certain expend- spyware, and cross-border fraud and de- tain firefighters as exempt payments. itures from the Leaking Underground Stor- ception, and for other purposes, with The message also announced that the age Tank Trust Fund. an amendment, in which it requests House has agreed to the following con- The enrolled bills were subsequently the concurrence of the Senate. current resolution, without amend- signed by the President pro tempore The message also announced that the ment: House has passed the following bills, (Mr. STEVENS). S. Con. Res. 123. Concurrent resolution pro- without amendment: f viding for correction to the enrollment of S. 1096. An act to amend the Wild and Sce- the bill H.R. 5946. nic Rivers Act to designate portions of the ENROLLED JOINT RESOLUTION The message further announced that SIGNED Musconetcong River in the State of New Jer- sey as a component of the National Wild and the House has agreed to the following At 1:20 a.m., a message from the Scenic Rivers System, and for other pur- concurrent resolution, in which it re- House of Representatives, delivered by poses. quests the concurrence of the Senate: on of its clerks, announced that the S. 1378. An act to amend the National His- H. Con. Res. 488. Concurrent resolution Speaker has signed the following en- toric Preservation Act to provide appropria- congratulating the Detroit Shock for win- rolled joint resolution: tion authorization and improve the oper- ning the 2006 Women’s National Basketball ations of the Advisory Council on Historic H.J. Res. 102. Joint resolution making fur- Association Championship, and for other Preservation. ther continuing appropriations for the fiscal purposes. S. 1529. An act to provide for the convey- year 2007, and for other purposes. f ance of certain Federal land in the city of The joint resolution was subse- Yuma, Arizona. MEASURES PLACED ON THE quently signed by the President pro S. 2150. An act to direct the Secretary of CALENDAR tempore (Mr. STEVENS). the Interior to convey certain Bureau of Land Management Land to the City of Eu- The following bill was read the sec- f gene, Oregon. ond time and placed on the calendar: ENROLLED BILLS SIGNED S. 2205. An act to direct the Secretary of S. 4110. A bill to enhance Federal Trade the Interior to convey certain parcels of land Commission enforcement against illegal At 3:23 a.m., a message from the acquired for the Blunt Reservoir and Pierre spam, spyware, and cross-border fraud and House of Representatives, delivered by Canal features of the initial stage of the deception, and for other purposes.

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11739 ENROLLED BILL PRESENTED Department of State, transmitting, pursuant EC–9301. A communication from the Assist- The Secretary of the Senate reported to law, the certification of a proposed license ant Secretary, Office of Legislative Affairs, for the export of defense articles and defense Department of State, transmitting, pursuant that on today, December 8, 2006, she services sold commercially in the amount of to law, the certification of a proposed license had presented to the President of the $50,000,000 or more to Singapore; to the Com- for the export of defense articles or defense United States the following enrolled mittee on Foreign Relations. services sold commercially under a contract bill: EC–9291. A communication from the Assist- in the amount of $100,000,000 or more to Nor- S. 1219. An act to authorize certain tribes ant Secretary, Office of Legislative Affairs, way; to the Committee on Foreign Relations. in the State of Montana to enter into a lease Department of State, transmitting, pursuant EC–9302. A communication from the Assist- or other temporary conveyance of water to law, the certification of a proposed license ant Secretary, Office of Legislative Affairs, rights to meet the water needs of the Dry for the export of defense articles or defense Department of State, transmitting, pursuant Prairie Rural Water Association. services sold commercially under a contract to law, the certification of a proposed manu- in the amount of $100,000,000 or more to the facturing license agreement for the manufac- f United Kingdom; to the Committee on For- ture of significant military equipment EXECUTIVE AND OTHER eign Relations. abroad for Japan; to the Committee on For- COMMUNICATIONS EC–9292. A communication from the Assist- eign Relations. ant Secretary, Office of Legislative Affairs, The following communications were EC–9303. A communication from the Assist- Department of State, transmitting, pursuant ant Secretary, Office of Legislative Affairs, laid before the Senate, together with to law, the certification of a proposed license Department of State, transmitting, pursuant accompanying papers, reports, and doc- for the export of defense articles or defense to law, the certification of a proposed manu- uments, and were referred as indicated: services sold commercially under contract in facturing license agreement for the manufac- EC–9282. A communication from the Assist- the amount of $100,000,000 or more to Israel; ture of significant military equipment ant Secretary of Defense (Special Oper- to the Committee on Foreign Relations. abroad for the United Kingdom; to the Com- ations/Low-Intensity Conflict), transmitting, EC–9293. A communication from the Assist- mittee on Foreign Relations. pursuant to law, the annual report on the ant Secretary, Office of Legislative Affairs, EC–9304. A communication from the Regu- Regional Defense Combating Terrorism Fel- Department of State, transmitting, pursuant lations Coordinator, Center for Medicare lowship Program for fiscal year 2006; to the to law, the certification of a proposed manu- Management, Department of Health and Committee on Armed Services. facturing license agreement for the export of Human Services, transmitting, pursuant to EC–9283. A communication from the Assist- defense articles or defense services in the law, the report of a rule entitled ‘‘Medicare ant to the Board, Federal Reserve Board, amount of $100,000,000 or more to France; to and Medicaid Programs; Programs of All-In- transmitting, pursuant to law, the report of the Committee on Foreign Relations. clusive Care for the Elderly (PACE); Pro- a rule entitled ‘‘Regulation E (Electronic EC–9294. A communication from the Assist- gram Revisions’’ (RIN0938–AN83) received on Fund Transfers)’’ (Docket No. R–1265) re- ant Secretary, Office of Legislative Affairs, December 8, 2006; to the Committee on Fi- ceived on December 4, 2006; to the Committee Department of State, transmitting, pursuant nance. on Banking, Housing, and Urban Affairs. to law, the certification of the proposed EC–9305. A communication from the Regu- EC–9284. A communication from the Assist- transfer of major defense equipment to Can- lations Coordinator, Center for Medicare ant Secretary, Office of Legislative Affairs, ada; to the Committee on Foreign Relations. Management, Department of Health and Department of State, transmitting, pursuant EC–9295. A communication from the Assist- Human Services, transmitting, pursuant to to law, the report of a strategic plan relative ant Secretary, Office of Legislative Affairs, law, the report of a rule entitled ‘‘Hospital to the Establishment of Visa and Passport Department of State, transmitting, pursuant Conditions of Participation: Patients’ Security Program; to the Committee on For- to law, the certification of a proposed manu- Rights’’ (RIN0938–AN30) received on Decem- eign Relations. facturing license agreement for the manufac- ber 8, 2006; to the Committee on Finance. EC–9285. A communication from the Assist- ture of significant military equipment EC–9306. A communication from the Direc- ant Secretary, Office of Legislative Affairs, abroad; to the Committee on Foreign Rela- tor, Institute of Museum and Library Serv- Department of State, transmitting, pursuant tions. ices, transmitting, pursuant to law, the In- EC–9296. A communication from the Assist- to law, the certification of a proposed manu- stitute’s Performance and Accountability ant Secretary, Office of Legislative Affairs, facturing license agreement for the manufac- Report for fiscal year 2006; to the Committee Department of State, transmitting, pursuant ture of significant military equipment on Homeland Security and Governmental Af- to law, the certification of the proposed abroad and for the export of defense articles fairs. or defense services in the amount of transfer of major defense equipment valued $50,000,000 or more to South Korea; to the (in terms of its original acquisition cost) at f Committee on Foreign Relations. $14,000,000 or more from Spain to Navantia, REPORTS OF COMMITTEES EC–9286. A communication from the Assist- Indra, and Sainsel; to the Committee on For- ant Secretary, Office of Legislative Affairs, eign Relations. The following reports of committees Department of State, transmitting, pursuant EC–9297. A communication from the Assist- were submitted: ant Secretary, Office of Legislative Affairs, to law, the certification of a proposed manu- By Mr. WARNER, from the Committee on Department of State, transmitting, pursuant facturing license agreement for the export of Armed Services: to law, the certification of a proposed license firearms sold commercially under contract Special Report entitled ‘‘Report on the Ac- for the export of major defense equipment in the amount of $1,000,000 or more to Bel- tivities of the Committee on Armed Services and defense articles in the amount of gium; to the Committee on Foreign Rela- United States Senate 105th Congress First $100,000,000 or more to the United Kingdom; tions . and Second Sessions’’ (Rept. No. 109–367). to the Committee on Foreign Relations. EC–9287. A communication from the Assist- By Mr. LUGAR, from the Committee on EC–9298. A communication from the Assist- ant Secretary, Office of Legislative Affairs, Foreign Relations, with an amendment in ant Secretary, Office of Legislative Affairs, Department of State, transmitting, pursuant the nature of a substitute: Department of State, transmitting, pursuant to law, the certification of a proposed license S. 1129. A bill to provide authorizations of to law, the certification of a proposed license for the export of defense articles and defense appropriations for certain development for the export of defense articles or defense services sold commercially under contract in banks, and for other purposes. the amount of $100,000,000 or more to Mexico; services sold commercially under a contract to the Committee on Foreign Relations. in the amount of $50,000,000 or more to Singa- f EC–9288. A communication from the Assist- pore; to the Committee on Foreign Rela- ant Secretary, Office of Legislative Affairs, tions. INTRODUCTION OF BILLS AND Department of State, transmitting, pursuant EC–9299. A communication from the Assist- JOINT RESOLUTIONS to law, the certification of a proposed manu- ant Secretary, Office of Legislative Affairs, The following bills and joint resolu- facturing license agreement for the export of Department of State, transmitting, pursuant tions were introduced, read the first to law, the certification of a proposed license defense articles or defense services in the and second times by unanimous con- amount of $100,000,000 or more to the United for the export of defense articles or defense Kingdom; to the Committee on Foreign Rela- services sold commercially under contract in sent, and referred as indicated: tions. the amount of $100,000,000 or more to Canada By Mr. MARTINEZ (for himself, Mr. EC–9289. A communication from the Assist- and Australia; to the Committee on Foreign KYL, Mrs. DOLE, Mr. HAGEL, Mr. ENZI, ant Secretary, Office of Legislative Affairs, Relations. Mr. ALLARD, and Mr. ALLEN): Department of State, transmitting, pursuant EC–9300. A communication from the Assist- S. 1. A bill to award a congressional gold to law, the certification of a proposed manu- ant Secretary, Office of Legislative Affairs, medal to Margaret Thatcher, in recognition facturing license agreement for the manufac- Department of State, transmitting, pursuant of her dedication to the values of free mar- ture of significant military equipment to law, the certification of a proposed license kets and free minds; to the Committee on abroad for the United Kingdom; to the Com- for the export of defense articles and defense Banking, Housing, and Urban Affairs. mittee on Foreign Relations. services sold commercially under contract in By Ms. SNOWE: EC–9290. A communication from the Assist- the amount of $100,000,000 or more to Sweden; S. 2. A bill to make determinations by the ant Secretary, Office of Legislative Affairs, to the Committee on Foreign Relations. United States Trade Representative under

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title III of the Trade Act of 1974 reviewable modifications in reporting frequency; to the S. 676 by the Court of International Trade and to Committee on Environment and Public At the request of Mr. STEVENS, the ensure that the United States Trade Rep- Works. name of the Senator from New York resentative considers petitions to enforce By Ms. LANDRIEU: (Mr. SCHUMER) was added as a cospon- United States trade rights, and for other pur- S. 4119. A bill to clarify the tax treatment poses; to the Committee on Finance. of certain payments made to homeowners by sor of S. 676, a bill to provide for By Ms. SNOWE (for herself and Ms. the Louisiana Recovery Authority and the Project GRAD programs, and for other COLLINS): Mississippi Development Authority; to the purposes. S. 26. A bill to establish the Northern Ap- Committee on Finance. S. 914 palachian Economic Development Commis- By Ms. SNOWE: S. 4120. A bill to authorize the Secretary of At the request of Mr. ALLARD, the sion, and for other purposes; to the Com- name of the Senator from Montana mittee on Environment and Public Works. the Interior to conduct a special resource By Mr. COLEMAN: study to evaluate resources at the Harriet (Mr. BAUCUS) was added as a cosponsor S. 28. A bill to amend section 7209 of the In- Beecher Stowe House in Brunswick, Maine, of S. 914, a bill to amend the Public telligence Reform and Terrorism Prevention to determine the suitability and feasibility Health Service Act to establish a com- Act of 2004 and for other purposes; to the of establishing the site as a unit of the Na- petitive grant program to build capac- Committee on Homeland Security and Gov- tional Park System, and for other purposes; ity in veterinary medical education ernmental Affairs. to the Committee on Energy and Natural Re- and expand the workforce of veterinar- sources. By Mr. SPECTER: ians engaged in public health practice S. 30. A bill to provide appropriate protec- By Mr. STEVENS: tion to attorney-client privileged commu- S. 4121. A bill to provide optional funding and biomedical research. nications and attorney work product; to the rules for employers in applicable multiple S. 1120 Committee on the Judiciary. employer pension plans; considered and At the request of Mr. DURBIN, the By Ms. LANDRIEU: passed. name of the Senator from Georgia (Mr. S. 4111. A bill to provide for certain water By Mr. MCCAIN (for himself, Mr. DOR- CHAMBLISS) was added as a cosponsor of resources projects in the State of Louisiana; GAN, Mr. ENZI, and Ms. MURKOWSKI): to the Committee on Environment and Pub- S. 4122. A bill to amend the Indian Health S. 1120, an act to reduce hunger in the lic Works. Care Improvement Act to revise and extend United States, and for other purposes. By Mrs. FEINSTEIN (for herself, Mrs. that Act; to the Committee on Indian Af- S. 1217 BOXER, and Mr. CRAIG): fairs. At the request of Mr. BINGAMAN, the S. 4112. A bill to treat payments by chari- f name of the Senator from Louisiana table organizations with respect to certain (Ms. LANDRIEU) was added as a cospon- firefighters as exempt payments; to the SUBMISSION OF CONCURRENT AND Committee on Finance. SENATE RESOLUTIONS sor of S. 1217, a bill to amend title II of the Social Security Act to phase out By Mr. MCCAIN (for himself, Mr. The following concurrent resolutions BINGAMAN, Mr. SMITH, Mr. BAUCUS, the 24-month waiting period for dis- and Senate resolutions were read, and Mr. FEINGOLD, Mr. JOHNSON, Mr. abled individuals to become eligible for SALAZAR, Mr. WYDEN, Mrs. BOXER, referred (or acted upon), as indicated: medicare benefits, to eliminate the Mr. GRASSLEY, Mr. REID, Mrs. FEIN- By Mr. MCCONNELL (for himself and waiting period for individuals with life- STEIN, and Mr. DORGAN): Mr. BUNNING): threatening conditions, and for other S. 4113. A bill to amend the Omnibus Crime S. Res. 630. A resolution allowing the sen- Control and Safe Streets Act of 1968 to clar- ior Senator from Kentucky to reassign the purposes. ify that territories and Indian tribes are eli- Henry Clay desk when serving as party lead- S. 1608 gible to receive grants for confronting the er; considered and agreed to. At the request of Mr. STEVENS, his use of methamphetamine; considered and By Mr. DURBIN (for himself, Mr. name was added as a cosponsor of S. passed. BROWNBACK, Mr. KENNEDY, Mr. BIDEN, 1608, a bill to enhance Federal Trade By Mr. KOHL: Mr. REID, Mr. FEINGOLD, Mr. FRIST, Commission enforcement against ille- S. 4114. A bill to amend title XVIII of the Mrs. DOLE, Mr. COLEMAN, Mr. SMITH, gal spam, spyware, and cross-border Social Security Act to require the use of ge- Mr. CORNYN, Mr. MENENDEZ, Mr. neric drugs under the Medicare part D pre- LEVIN, Mr. HAGEL, Mr. MARTINEZ, fraud and deception, and for other pur- scription drug program when available un- Mrs. CLINTON, and Ms. SNOWE): poses. less the brand name drug is determined to be S. Res. 631. A resolution urging the Gov- S. 3582 ernment of Sudan and the international medically necessary; to the Committee on At the request of Mr. KOHL, the name community to implement the agreement for Finance. of the Senator from Wisconsin (Mr. By Mr. HATCH (for himself, Mr. LEVIN, a peacekeeping force under the command FEINGOLD) was added as a cosponsor of Ms. COLLINS, and Mr. BIDEN): and control of the United Nations in Darfur; S. 4115. A bill to amend the Controlled Sub- considered and agreed to. S. 3582, a bill to prohibit brand name stances Act to increase the effectiveness of By Mr. BENNETT: drug companies from compensating ge- physician assistance for drug treatment; S. Res. 632. A resolution urging the United neric drug companies to delay the considered and passed. States and the European Union to work to- entry of a generic drug into the mar- By Mrs. LINCOLN (for herself and Mr. gether to strengthen the transatlantic market. PRYOR): ket; considered and agreed to. S. 4116. A bill to amend the Federal De- By Mr. LAUTENBERG (for himself, S. 3980 posit Insurance Act, to clarify the scope of Mr. BIDEN, Mrs. CLINTON, and Mr. At the request of Mr. DODD, the name provisions relating to applicable rates of in- NELSON of Florida): of the Senator from Louisiana (Ms. terest and other charge limitations; to the S. Res. 633. A resolution condemning the LANDRIEU) was added as a cosponsor of Committee on Banking, Housing, and Urban conference denying that the Holocaust oc- S. 3980, a bill to direct the Secretary of Affairs. curred to be held by the Government of Iran Health and Human Services, in con- and its President, Mahmoud Ahmadinejad; By Mr. AKAKA (for himself and Mr. sultation with the Secretary of Edu- SUNUNU): considered and agreed to. S. 4117. A bill to repeal title II of the REAL By Mr. STEVENS: cation, to develop a policy for man- ID Act of 2005, to reinstitute the section 7212 S. Res. 634. A resolution honoring the life aging the risk of food allergy and ana- of the Intelligence Reform and Terrorism and achievements of Tom Carr, Congres- phylaxis in schools, to establish school- Prevention Act of 2004, which provides sional Research Service Analyst, and extend- based food allergy management grants, States additional regulatory flexibility and ing the condolences of the Senate on the oc- and for other purposes. casion of his death; considered and agreed to. funding authorization to more rapidly S. 4067 produce tamper- and counterfeit-resistant f driver’s licenses and to protect privacy and At the request of Mr. LEAHY, the civil liberties by providing interested stake- ADDITIONAL COSPONSORS name of the Senator from New Mexico holders on a negotiated rulemaking with S. 267 (Mr. BINGAMAN) was added as a cospon- guidance to achieve improved 21st century At the request of Mr. CRAIG, the sor of S. 4067, a bill to provide for sec- licenses to improve national security; to the name of the Senator from California ondary transmissions of distant net- Committee on the Judiciary. (Mrs. BOXER) was added as a cosponsor work signals for private home viewing By Mr. LAUTENBERG (for himself, of S. 267, a bill to reauthorize the Se- by certain satellite carriers. Mrs. BOXER, and Mr. MENENDEZ): S. 4118. A bill to amend the Emergency cure Rural Schools and Community S. 4097 Planning and Community Right-to-Know Self-Determination Act of 2000, and for At the request of Ms. SNOWE, the Act of 1986 to strike a provision relating to other purposes. name of the Senator from Minnesota

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11741 (Mr. COLEMAN) was added as a cospon- Today, small businesses are fueling could also be very effective in Northern sor of S. 4097, a bill to improve the dis- the economic growth of the Nation, Appalachian area. aster loan program of the Small Busi- producing over 50 percent of the gross I look forward to fostering the rich ness Administration, and for other pur- domestic product and creating three- potential of the northern forest States poses. fourths of all new jobs. Entrepreneur- of Maine, New Hampshire, Vermont S. CON. RES. 97 ship is a critical element in the estab- and New York, with its abundance of At the request of Mr. SALAZAR, the lishment of self-sustaining commu- natural resources and entrepreneur- name of the Senator from Wisconsin nities that create jobs and contribute ship, and hard working people through (Mr. FEINGOLD) was added as a cospon- broadly to economic and community the Northern Appalachian Economic sor of S. Con. Res. 97, a concurrent res- development. The bill authorizes ap- Development Commission to obtain olution expressing the sense of Con- propriations of $40 million for eco- vigorous self-sustaining growth gress that it is the goal of the United nomic development grants for fiscal throughout the region. States that, not later than January 1, years 2008–2012 that will support exist- 2025, the agricultural, forestry, and ing entrepreneur and small business de- By Mr. COLEMAN: working land of the United States velopment programs and projects and S. 28. A bill to amend section 7209 of should provide from renewable re- support projects for small business in- the Intelligence Reform and Terrorism sources not less than 25 percent of the novation research. Funding will also Prevention Act of 2004 and for other total energy consumed in the United assist the region in obtaining job train- purposes; to the Committee on Home- States and continue to produce safe, ing, employment-related education and land Security and Governmental Af- abundant, and affordable food, feed, business development and assist in fairs. and fiber. community development. Assistance Mr. COLEMAN. Mr. President, I ask S. RES. 628 will be provided to severely distressed unanimous consent that the bill I in- At the request of Mr. STEVENS, the and underdeveloped while maintaining troduce today—the Northern Border name of the Senator from Colorado the integrity of the region’s resources. Travel Facilitation Act—be printed in (Mr. ALLARD) was added as a cosponsor Many residents of the Northeast re- the RECORD. of S. Res. 628, a resolution supporting gion live below the poverty level, in There being no objection, the bill was the 200th anniversary of the nation’s areas of significantly higher than aver- ordered to be printed in the RECORD, as nautical charting and related scientific age unemployment rates, with limited follows: programs, which formed the basis for access to capital, and with low per cap- S. 28 what is today the National Oceanic and ita personal income. Maine’s economy Be it enacted by the Senate and House of Rep- Atmospheric Administration. has long been based on the bounty of resentatives of the United States of America in AMENDMENT NO. 5230 its natural resources—fishing, farming, Congress assembled, At the request of Mr. WYDEN, the forestry, and tourism. The very nature SECTION 1. SHORT TITLE. name of the Senator from Washington of these industries has meant that a This Act may be cited as the ‘‘Northern (Ms. CANTWELL) was withdrawn as a co- significant portion of employment op- Border Travel Facilitation Act’’. sponsor of amendment No. 5230 in- portunities are seasonal and overall SEC. 2. STATE DRIVER’S LICENSE AND IDENTI- tended to be proposed to H.R. 6111, a earnings lag behind national averages. FICATION ENROLLMENT PROGRAM. bill to amend the Internal Revenue Currently, Maine leads the country Section 7209 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Code of 1986 to provide that the Tax with the fastest growing poverty rate, tied with Arkansas and Mississippi. As Law 108–458; 8 U.S.C. 1185 note) is amended Court may review claims for equitable by adding at the end the following new sub- innocent spouse relief and to suspend a matter of fact, in 2005, according to section: the running on the period of limita- the Federal Reserve Bank of Boston, ‘‘(e) STATE DRIVER’S LICENSE AND IDENTI- tions while such claims are pending. Maine was the only State other than FICATION CARD ENROLLMENT PROGRAM.— f Louisiana that experienced a decline in ‘‘(1) IN GENERAL.—Notwithstanding any economic activity. The entire northern other provision of law, the Secretary of STATEMENTS ON INTRODUCED forest region shares many of these State and the Secretary of Homeland Secu- BILLS AND JOINT RESOLUTIONS common challenges, and as a result, rity shall establish a State Driver’s License local and State economic development and Identity Card Enrollment Program as By Ms. SNOWE (for herself and described in this subsection (hereinafter in Ms. COLLINS): leaders have been receptive to consid- this subsection referred to as the ‘Program’) S. 26. A bill to establish the Northern ering other means to create jobs. and enter into a memorandum of under- Appalachian Economic Development Currently, there are several inde- standing with an appropriate official of each Commission, and for other purposes; to pendent entities focused on regional State that elects to participate in the Pro- the Committee on Environment and economic development, such as the Ap- gram. Public Works. palachian Regional Commission, the ‘‘(2) PURPOSE.—The purpose of the Program Ms. SNOWE. Mr. President, today I Denali Commission, the Delta Regional is to permit a citizen of the United States am introducing the Northern Appa- Authority, and the Northern Great who produces a driver’s license or identity lachian Economic Development Com- Plains Regional Authority. However, card that meets the requirements of paragraph (3) or a citizen of Canada who produces mission Act of 2006 with Senator COL- there is currently no single regional a document described in paragraph (4) to LINS because the people of the Northern economic development entity focused enter the United States from Canada with- Forest region have not shared in the on the needs of the far Northeast re- out providing any other documentation or economic prosperity of many parts of gion. Our Northern Appalachian Eco- evidence of citizenship. the rest of the United States. The bill nomic Development Commission is ex- ‘‘(3) ADMISSION OF CITIZENS OF THE UNITED establishes a Federal-State partnership pected to complement existing efforts, STATES.—A driver’s license or identity card commission for the purpose of pro- and I plan to pursue these efforts in the meets the requirements of this subparagraph moting economic development in the 2007 Farm bill. if— The Appalachian Regional Commis- ‘‘(A) the license or card— communities in the northern forest ‘‘(i) was issued by a State that is partici- area of Maine, New Hampshire, New sion—ARC—developed in 1965 has prov- pating in the Program; York and Vermont through the devel- en to be a success and has help trans- ‘‘(ii) meets the requirements of section 202 opment of public policy tools and form a region once solely dependent on of the REAL ID Act of 2005 (division B of grants designed to build local capacity. mining, agriculture and heavy industry Public Law 109–13; 49 U.S.C. 30301 note); and The legislation calls for a collabo- to one more reliant on the service and ‘‘(iii) includes the United States citizen- rative regional effort to achieve real retail industries. Since its creation, ship status of the individual to whom the li- progress to enhance not only the forest the ARC has reduced the number of dis- cense or card was issued; and products industry to preserve the tra- tressed counties from 219 to 100. It has ‘‘(B) the State that issued the license or card— ditional industries of the region, but to cut the poverty rate from 31 percent to ‘‘(i) has a mechanism that is approved by catalyze new rural economic and small 15 percent and has helped 1,400 busi- the Secretary of State to verify the United development and job growth, and slow nesses create 26,000 new jobs since 1977. States citizenship status of an applicant for out-migration. This is the type of assistance that such a license or card;

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11742 CONGRESSIONAL RECORD — SENATE December 8, 2006 ‘‘(ii) does not require an individual to in- the date of the enactment of the Northern receive individual donations, penalty clude the individual’s citizenship status on Border Travel Facilitation Act and ending free. such a license or card; and on the date that the Program is imple- This legislation encourages the kind ‘‘(iii) manages all information regarding mented, the Secretary of Homeland Security of generosity and kindness that we an applicant’s United States citizenship sta- shall permit an individual who is a citizen of tus in the same manner as such information should all commend, not discourage. the United States or Canada to enter the We came together to pass similar leg- collected through the United States passport United States from Canada if that individual application process and prohibits any other can demonstrate United States or Canadian islation in the wake of the 9/11 tragedy use or distribution of such information. citizenship to the satisfaction of the Sec- and we should do so again today. ‘‘(4) ADMISSION OF CITIZENS OF CANADA.— retary. Birth certificates issued by a State, While this simple measure only ‘‘(A) IN GENERAL.—Notwithstanding any or by the Government of Canada or by the makes a minor tax code clarification, other provision of law, if the Secretary of Government of a Province or Territory of the impact of this legislation will be State and the Secretary of Homeland Secu- Canada, or a citizenship certificate or card profound for the families of these fall- rity determine that an identity document issued by the Government of Canada shall be en heroes. issued by the Government of Canada or by deemed to be a satisfactory demonstration of Let us not forget the heroism of the Government of a Province or Territory citizenship under this subparagraph.’’. of Canada meets security and information these men and the sacrifice of their families. The time to act is now, so requirements comparable to the require- By Mrs. FEINSTEIN (for herself, that these funds raised will not be ments for a driver’s license or identity card Mrs. BOXER, and Mr. CRAIG): withheld during the upcoming holiday described in paragraph (3), the Secretary of S. 4112. A bill to treat payments by Homeland Security shall permit a citizen of season, when this relief is most needed. charitable organizations with respect Canada to enter the United States from Can- I urge my colleagues to join me in ada using such a document without pro- to certain firefighters as exempt pay- doing what is right to help the families viding any other documentation or evidence ments; to the Committee on Finance. of those who have made the ultimate Mrs. FEINSTEIN. Mr. President, I of Canadian citizenship. sacrifice to protect their communities. ‘‘(B) TECHNOLOGY STANDARDS.—The Sec- rise today to introduce legislation that Mr. President, I ask unanimous con- retary of Homeland Security shall work, to will give tangible relief to the families sent that the text of the Bill be printed the maximum extent possible, to ensure that of the five federal firefighters killed in in the RECORD. an identification document issued by Canada the devastating Esperanza fire in that permits entry into the United States There being no objection, the bill was under subparagraph (A) utilizes technology southern California this October. ordered to be printed in the RECORD, as similar to the technology utilized by identi- The Esperanza fire tragically claimed follows: fication documents issued by the United lives, homes and other buildings, while S. 4112 States or any State. burning more than 40,000 acres. No one Be it enacted by the Senate and House of Rep- ‘‘(5) ADMISSION OF CHILDREN.—Notwith- has felt the pain of this heartbreaking resentatives of the United States of America in standing any other provision of law, the Sec- disaster more than the families of Congress assembled, retary of Homeland Security shall permit an Mark ‘‘Lotzie’’ Loutzenhiser, Jess individual to enter the United States with- SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Fallen Fire- out providing any evidence of citizenship if— McLean, Jason McKay, Daniel Hoover- fighters Assistance Tax Clarification Act of ‘‘(A) the individual— Najera, and Pablo Cerda. ‘‘(i) is less than 16 years old; These five men served honorably 2006’’. ‘‘(ii) is accompanied by the individual’s while exhibiting the utmost bravery in SEC. 2. PAYMENTS BY CHARITABLE ORGANIZA- legal guardian; and TIONS WITH RESPECT TO CERTAIN the name of helping others. They gave FIREFIGHTERS TREATED AS EX- ‘‘(iii) is entering the United States from the ultimate sacrifice, and so have EMPT PAYMENTS AND EXCLUDED Canada or another country if the Secretary their families, who must now go on FROM GROSS INCOME OF THE RE- permits an individual to enter the United without a father or a son, a brother or CIPIENTS. States from that country under the Program (a) IN GENERAL.—For purposes of the Inter- pursuant to paragraph (6)(A); and a husband. nal Revenue Code of 1986— ‘‘(B) such legal guardian provides a driver’s Now, in an outpouring of generosity (1) payments made by an organization de- license or identity card described in para- and compassion, a United Way chapter scribed in section 501(c)(3) of such Code by graph (3), a document described in paragraph in Riverside County, together with the reason of the death, injury, wounding, or ill- (4), or other evidence of citizenship if the surrounding community has raised ness of any firefighter incurred as the result Secretary permits an individual to enter the more than $1 million to help the fami- of the October 2006 Esperanza Incident fire in United States using such evidence under the lies of our fallen heroes as they move southern California, and before June 1, 2007, Program pursuant to paragraph (6)(B). forward from this tragedy. shall be treated as related to the purpose or ‘‘(6) AUTHORITY TO EXPAND.—Notwith- This serves as a testament to what function constituting the basis for such or- standing any other provision of law, the Sec- ganization’s exemption under section 501 of retary of State and the Secretary of Home- these men meant to the community, such Code if such payments are made in good land Security may expand the Program to the State of California and the Nation. faith using a reasonable and objective for- permit an individual to enter the United Unfortunately, in what seems to be a mula which is consistently applied; States— cruel twist, IRS rules do not allow this (2) in the case of a private foundation (as ‘‘(A) from a country other than Canada; or generosity to be passed on to the fami- defined in section 509 of such Code), any pay- ‘‘(B) using evidence of citizenship other lies of these brave firefighters. ment described in paragraph (1) shall not be than a driver’s license or identity card de- Tax-exempt charitable organizations treated as made to a disqualified person for scribed in paragraph (3) or a document de- purposes of section 4941 of such Code; and scribed in paragraph (4). are prohibited from raising money for small, targeted, groups, such as the (3) the receipt of any payment described in ‘‘(7) RELATIONSHIP TO OTHER REQUIRE- paragraphs (1) or (2), or any payment from MENTS.—Nothing in this subsection shall families of the fallen firefighters. In any Federal, State, or local government, or have the effect of creating a national iden- fact, if this memorial fund is passed on agency or instrumentality thereof, by reason tity card or a certification of citizenship for to the families, it could endanger the of the death, injury, wounding, or illness of any purpose other than admission into the tax-exempt status of the Central Coun- any firefighter incurred as the result of the United States as described in this sub- ty United Way and other charitable or- October 2006 Esperanza Incident fire in section. ganizations trying to help these fami- southern California, shall not be treated as ‘‘(8) STATE DEFINED.—In this subsection, gross income under such Code. the term ‘State’ means any of the several lies in their hour of need. In the wake of this disaster, our Gov- (b) EFFECTIVE DATE.—This section shall States of the United States, the Common- apply to payments made on or after October wealth of the Northern Mariana Islands, the ernment should be providing assistance 26, 2006. Commonwealth of Puerto Rico, the District to these families, not increasing their of Columbia, Guam, the Virgin Islands of the burden. By Mr. MCCAIN (for himself, Mr. United States, or any other territory or pos- This much-needed legislation pro- BINGAMAN, Mr. SMITH, Mr. BAU- session of the United States. vides exemptions to allow this moving CUS, Mr. FEINGOLD, Mr. JOHN- ‘‘(9) SCHEDULE FOR IMPLEMENTATION.— gesture to be realized. The United Way SON, Mr. SALAZAR, Mr. WYDEN, ‘‘(A) IN GENERAL.—The Secretary of Home- will preserve their tax exempt status, land Security and the Secretary of State Mrs. BOXER, Mr. GRASSLEY, Mr. shall implement the Program not later than those who made these donations will REID, Mrs. FEINSTEIN, and Mr. December 31, 2009. receive the tax deductions they ex- DORGAN): ‘‘(B) ADMISSION PRIOR TO IMPLEMENTA- pected, and most importantly the fami- S. 4113. A bill to amend the Omnibus TION.—During the time period beginning on lies of the five fallen firefighters can Crime Control and Safe Streets Act of

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11743 1968 to clarify that territories and In- tion, to prosecute a methamphetamine Mr. President, the impacts of meth- dian tribes are eligible to receive crime arising in some other jurisdic- amphetamine use on communities grants for confronting the use of meth- tion unless that agency already has the across the Nation are well known and amphetamine; considered and passed. jurisdiction to do that. cannot be underestimated. We have Mr. MCCAIN. Mr. President, I am I would like to ask Senator MCCAIN if worked hard with Senator BINGAMAN joined today by Senators BINGAMAN, my understanding of this provision is and his staff to craft legislation that GRASSLEY, SMITH, BAUCUS, FEINGOLD, correct. makes these critical resources for JOHNSON, SALAZAR, WYDEN, BOXER, Mr. MCCAIN. The Senator from New fighting methamphetamine use, dis- REID, FEINSTEIN, and CANTWELL in in- Mexico is correct in his understanding tribution, and manufacture available troducing and passing a bill to amend of this provision. to sectors on which this drug is having the Omnibus Control and Safe Streets Mr. BINGAMAN. It is also my under- a devastating impact. I would also like Act of 1968 to clarify that Indian tribes standing that the language, ‘‘Nothing to thank Senator SESSIONS for the long and U.S. territories are eligible to rein this subsection, or in the award or hours he and his staff have devoted to ceive grants for confronting the use of denial of any grant pursuant to this working with my staff and other offices methamphetamine. subsection. . . (B) has any effect other interested in this bill to make this a The amendments that this bill makes than to authorize, award, or deny a good bill that this body can and should to section 2996(a) of the Omnibus Crime grant of funds to a state, territory, or support. Control and Safe Streets Act of 1968 Indian tribe for the purposes described I urge my colleagues to support pas- would make U.S. territories and Indian in this subsection’’ is intended to make sage of this critically needed legisla- tribes eligible to receive grants from it clear that the provisions of section tion. the Department of Justice to address 2996(a) and grant awards or denials pur- the scourge of methamphetamine use, suant to section 2996(a) have no effect By Mr. HATCH (for himself, Mr. sale, and manufacture. The terrible beyond simply authorizing, awarding, LEVIN, Ms. COLLINS, and Mr. business of methamphetamine use, dis- or denying a grant of funds to a State, BIDEN): S. 4115. A bill to amend the Con- tribution, and manufacture has im- territory, or Indian tribe for the pur- trolled Substances Act to increase the pacted communities all over the coun- poses described in section 2996(a). So, effectiveness of physician assistance try, in urban and nonurban areas alike, for example, if a State, territory, or In- for drug treatment; considered and and our territories and Indian reserva- dian tribe is awarded or denied a grant tions have not been spared. This bill passed. of funds under this section, that award Ms. SNOWE. Mr. President, among will make much needed resources or denial has no relevance to or effect the most consequential tasks Congress available to territorial and tribal gov- on the eligibility of the State, terri- will undertake in the coming months is ernments to help bring the meth- tory, or Indian tribe to participate in a potentially epoch-defining review of amphetamine epidemic under control. any other program or activity unre- U.S. trade policy occasioned by the However, I understand there are some lated to the award or denial of grants looming expiry of numerous trade pref- questions about the intent of this bill under section 2996(a). The award or de- erence programs, ‘‘fast-track’’ Trade in respect to a provision in this bill. nial of a grant under this subsection, in Promotion Authority and the Doha Mr. BINGAMAN. Mr. President, I rise other words, is relevant only to the Round of World Trade Organization ne- for the purpose of engaging Senator award or denial of the grant under this gotiations. The fate of recent trade leg- MCCAIN in a colloquy over a certain subsection and nothing else. islation, mirroring growing acrimony provision, to be sure that its purpose is I would like to ask Senator MCCAIN in the public debate over trade policy, clear. In section 1(a)( 4) of the bill, whether my understanding of this pro- portends that Congress will not simply there is a provision which states, vision of the bill is correct in this par- be considering whether to reauthorize ‘‘Nothing in this subsection, or in the ticular regard as well. certain programs and processes affect- award or denial of any grant pursuant Mr. MCCAIN. The Senator from New ing international trade—it will be set- to this subsection—(A) allows grants Mexico is correct in his understanding ting forth a doctrine declaring Amer- authorized under paragraph 3(A) to be of this provision as well. ica’s position and powers in an irre- made to, or used by, an entity for law Mr. President, I urge my colleagues versibly interdependent global econ- enforcement activities that the entity to support this critically needed legis- omy. lacks jurisdiction to perform; or (B) lation. The complexity of the market forces has any effect other than to authorize, Mr. MCCAIN. Mr. President, I am that can bring both hope and hardship award, or deny a grant of funds to a joined today by Senators BINGAMAN, under the modern trade regime mean state, territory, or Indian tribe for the GRASSLEY, SMITH, BAUCUS, FEINGOLD, that few other issues cut across tradi- purposes described in this subsection.’’ JOHNSON, SALAZAR, WYDEN, BOXER, tionally drawn party, geographic and It is my understanding that the in- REID, FEINSTEIN, and CANTWELL in in- ideological lines so dramatically. tent behind the amendment made by troducing this bill to amend the Omni- Where the usual political dichotomies section 1(a)(4) of the bill is simply to bus Control and Safe Streets Act of don’t apply, new ones have been framed make it clear that by authorizing the 1968 to clarify that Indian tribes and to polarize the issue: free-trade versus Department of Justice’s Bureau of Jus- U.S. territories are eligible to receive fair-trade, globalization versus protec- tice Assistance to award grant funds to grants for confronting the use of meth- tionism, growth versus sustainability. a State, territory, or Indian tribe to amphetamine. Yet above this fray of competing eco- ‘‘investigate, arrest and prosecute indi- The amendments that this bill makes nomic theories and realities, a solid viduals’’ involved in illegal meth- to section 2996(a) of the Omnibus Crime consensus has grown around the prin- amphetamine activities, section 2996(a) Control and Safe Streets Act of 1968 ciple that whatever our trade laws may does not somehow authorize a State, would make U.S. territories and Indian be, they should be consistently and vig- territory, or Indian tribe to pursue law tribes eligible to receive grants from orously enforced. enforcement activities that it other- the Department of Justice to address The distressing reality is that U.S. wise has no jurisdiction to pursue. And the scourge of methamphetamine use, industry and labor groups are often similarly, this provision also clarifies sale, and manufacture. The terrible rebuffed in attempts to petition the that an award or denial of a grant by business of methamphetamine use, dis- United States Trade Representative to the Bureau of Justice Assistance does tribution, and manufacture has im- initiate a formal investigation or bring not somehow allow a State, territory, pacted communities all over the coun- a dispute resolution action under the or Indian tribe to pursue law enforce- try, in urban and nonurban areas alike, relevant multilateral or bilateral trade ment activities that it otherwise lacks and our territories and Indian reserva- agreement, as there is considerable in- jurisdiction to pursue. For example, a tions have not been spared. This bill stitutional momentum among senior law enforcement agency in one State, will make much-needed resources officials at USTR and elsewhere in the territory, or Indian reservation is not available to territorial and tribal gov- administration against bringing formal somehow enabled by this section, or by ernments to help bring the meth- enforcement action against certain an award made pursuant to this sec- amphetamine epidemic under control. trade partners, and China in particular.

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11744 CONGRESSIONAL RECORD — SENATE December 8, 2006 USTR’s handling of the trade effects tion 301 industry petitions to inves- hand a list of hundreds of organiza- of China’s currency manipulation prac- tigate and take enforcement action tions—ranging from the National Gov- tices is representative of the problem. against unfair foreign trade laws or ernor’s Association—NGA—to the In September 2004, a U.S. industry coa- practices. Such jurisdiction would in- American Civil Liberties Union— lition filed a petition under section 301 clude the ability to review USTR deter- ACLU—to the National Rifle Associa- of the Trade Act of 1974—the statute minations that U.S. trade rights have tion—that believe the REAL ID Act setting forth general procedures for the not been violated as alleged in industry was a grave mistake. None of these enforcement of U.S. trade rights—al- petitions, and the sufficiency of formal groups were heard by Congress before leging that Chinese currency manipula- actions taken by USTR in response to the bill was passed in May 2005. There tion practices constituted a violation foreign trade laws or practices deter- were no hearings to understand the re- of China’s obligations to the United mined to violate U.S. trade rights. percussions of such sweeping legisla- States under World Trade Organization The Trade CLAIM Act would give tion; and no debate on the floor of the rules, and calling for USTR to conduct U.S. businesses and workers a greater Senate. an investigation of such practices. say in whether, when and how U.S. Rather, the REAL ID Act was at- USTR rejected the petition on the day trade rights should be enforced. The tached to a must-pass piece of legisla- it was filed, contending that ‘‘an inves- bill would be particularly beneficial to tion, the Emergency Supplemental Ap- tigation would not be effective in ad- small businesses, which—like other pe- propriations Act for Defense, the Glob- dressing the acts, policies, and practitioners in section 301 cases—cur- al War on Terror, and Tsunami Relief tices covered in the petition. The ad- rently have no avenue to formally Act—Public Law 109–13, in conference ministration is currently involved in challenge the merits of USTR’s deci- and therefore received virtually no efforts to address with the Government sions, and are often drowned out by scrutiny before passage. Every Member of China the currency valuation issues large business interests in industry- of Congress who supported providing raised in the petition. The USTR be- wide section 301 actions initiated by much needed funding to our troops and lieves that initiation of an investiga- USTR. relief to the Indonesia tsunami victims tion under—the section 301 process— By providing for judicial review of was forced to vote in favor of the would hamper, rather than advance, USTR decisions not to enforce U.S. REAL ID Act, an unrelated bill. administration efforts to address Chi- trade rights, the bill provides for im- That is why I come to the floor today nese currency valuation policies.’’ partial third party oversight by a spe- to spark a real debate on REAL ID. I Shortly thereafter, in November of cialty court not subject to political say to my colleagues there are serious 2004, a congressional coalition of 12 and diplomatic pressures. In delinking problems with REAL ID and it’s time Senators and 23 Representatives filed a discreet trade disputes from the mer- Congress took a closer look. similar section 301 petition, which was curial machinations of international My two primary concerns with REAL rejected by USTR on the same grounds. relations, this act would end the sac- ID are that the law: places an unreal- As noted in USTR’s rejection of these rifice of individual industries on the istic and unfunded burden on state gov- petitions, current law allows the Exec- negotiating table, and leave it to the ernments; and erodes Americans’ civil utive to decline to initiate an industry- free market—uniformly operating liberties and privacy rights. requested investigation where it deter- under the trade rules to which our There is nothing realistic about mines that action under section 301 trading partners have already agreed— REAL ID. This law mandates that would be ineffective in addressing the to decide their fate. State-issued IDs, such as driver’s li- offending act, policy or practice. The America’s prosperity is due in no censes, comply with certain security merits of USTR’s determination are small part to its excellence in assuring standards and procedures, as deter- unreviewable under current law. USTR the rule of law. It is fundamental to mined by the Department of Homeland used this loophole to avoid having to the success of worthy enterprises in a Security—DHS—in order to be accept- even investigate industry’s claim, let functioning market that the governed by the Federal Government for such alone take formal action against ment—rather than choosing winners purposes as boarding an airplane or en- China. And as we now know, the ad- and losers—consistently and dis- tering a Federal building. These proce- ministration’s ‘‘soft’’ approach to Chi- passionately enforce the rules that dures include electronically verifying nese currency manipulation has itself bind all actors. It is the extension of the authenticity of each identifying proven ineffective in addressing the this foundational principle of the document, such as birth certificates, problem in the 2 years since these fil- American economic tradition to the passports, and social security cards, ings. international trade regime that the presented to a local Department of It is to prevent further disregard for Trade CLAIM Act seeks to accom- Motor Vehicles—DMV—office. Such a U.S. businesses and workers seeking a plish—and which America’s businesses requirement likely will involve devel- fair and consequential hearing of their and workers have long been promised. oping an extremely costly and complex concerns with foreign trade practices set of electronic systems that connect that I today introduce the Trade Com- By Mr. AKAKA (for himself and the thousands of DMVs to one another plaint and Litigation Accountability Mr. SUNUNU): and to a host of Federal agencies. This Improvement Measures Act, or the S. 4117. A bill to repeal title II of the would cost $1.42 billion according to a ‘‘Trade CLAIM Act’’. REAL ID Act of 2005, to reinstitute the September 2006 report issued by the The Trade CLAIM Act would amend section 7212 of the Intelligence Reform NGA, the National Conference of State the section 301 process to require the and Terrorism Prevention Act of 2004, Legislatures—NCSL—and the Amer- U.S. Trade Representative to act upon which provides States additional regu- ican Association of Motor Vehicle Ad- an interested party’s petition to take latory flexibility and funding author- ministrators—AAMVA. formal action in cases where a U.S. ization to more rapidly produce In addition, every current driver’s li- trade right has been violated, except in tamper- and counterfeit-resistant driv- cense holder must be reenrolled under instances where: the matter has al- er’s licenses and to protect privacy and the new screening process which will ready been addressed by the relevant civil liberties by providing interested more than double the workload at local trade dispute settlement body; the for- stakeholders on a negotiated rule- DMVs across the country and far ex- eign country is taking imminent steps making with guidance to achieve im- ceed their current capacity. REAL ID to end to ameliorate the effects of the proved 21st century licenses to improve will put an end, at least temporarily, practice; taking action would do more national security; to the Committee on to online and mail license renewals and harm than good to the U.S. economy; the Judiciary. will cause huge lines and back-up at or taking action would cause serious Mr. AKAKA. Mr. President, I rise the DMV. Although security should harm to the national security of the today to discuss the REAL ID Act of never be sacrificed for convenience, it United States. 2005. is important that states have the time The bill would also grant the Court The REAL ID Act became law over a and flexibility to implement the addi- of International Trade jurisdiction to year and a half ago, but opposition re- tional security standards in an effec- review de novo USTR’s denials of sec- mains strong and vocal. I hold in my tive manner. Moreover, reenrollment

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00098 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11745 will be the mostly costly piece of REAL ID exacerbates the threat of able guidelines established in the Intel- REAL ID, estimated at approximately identity theft which threatens our se- ligence Reform Act. It is my intention $8 billion over 5 years by NGA, NCSL, curity. As the Honolulu Star Bulletin to review the forthcoming DHS regula- and AAMVA. noted in a October 1, 2006, editorial, the tions before pursuing any action on our There are a number of other require- REAL ID Act gives us ‘‘a false sense of bill. I am hopeful that new legislation ments imposed on states by REAL ID, security.’’ will not be necessary, and I look for- such as new design requirements for I come to the floor today to inject ward to working with DHS to produce the ID cards and on-site security. In some reality into REAL ID. Unfunded workable guidelines. However, I believe total, REAL ID will cost over $11 bil- mandates, privacy, and security are that introducing the Identification Se- lion according to the NGA study. Con- real problems that deserve real consid- curity Enhancement Act now is impor- gress has appropriated only $40 million eration and real solutions. It is my tant because it will send a message for REAL ID implementation to date, hope that when DHS issues the REAL that the intent of the entirety of Con- and no funds were included for fiscal ID regulations, the following issues are gress is not reflected in the REAL ID year 2007. That leaves a hefty pricetag addressed: (1) limiting access to the Act. for the States, especially for legisla- REAL ID networks; (2) securing data Congress has a responsibility to en- tion that was passed with no review. that is electronically stored on driver’s sure that driver’s licenses and ID cards In addition to the cost imposed on licenses and ID cards; (3) allowing issued in the United States are se- States, REAL ID imposes an unreal- flexibility in the technological solu- cure—both from would-be terrorists istic timeframe. Under the law, states tions employed by the States; (4) defin- and identity thieves—affordable, and must have REAL ID compliant systems ing the role Federal agencies will play practical. I ask my colleagues to join in place by May 2008. Yet implementing in developing and connecting with the us in injecting reality into the REAL regulations have not been issued. DHS electronic verification systems; (5) en- ID Act. is expected to issue the regulations suring that individuals’ privacy rights I ask unanimous consent that the early next year. However, as of today, provided by the Federal Government text of the bill be printed in the the Office of Management and Budget, and State governments are protected; RECORD. OMB, has not received the draft regula- (6) providing a means to correct inac- There being no objection, the bill was tions, and OMB is allowed 90 days by curate information held in the REAL ordered to be printed in the RECORD, as Executive order for review of all pro- ID networks; and (7) ensuring that the follows: posed regulations. That would give information contained in the license S. 4117 states a little over a year to develop cannot be scanned or shared by private Be it enacted by the Senate and House of Rep- electronic verification systems, rede- entities. resentatives of the United States of America in sign driver’s license cards, establish I hope that the regulations will be Congress assembled, protocols on how to handle and secure SECTION 1. SHORT TITLE. well thought out and reflect the stake- This Act may be cited as the ‘‘Identifica- personal information, increase DMV holder input provided to DHS over the tion Security Enhancement Act of 2006’’. personnel, and find a way to fund it all. past year and a half which included the SEC. 2. REPEAL. It has taken DHS over a year and a half issues I just raised. Title II of the REAL ID Act of 2005 (Divi- just to issue the regulations. Expecting However, given what I have heard sion B of Public Law 109–13; 49 U.S.C. 30301 the States to execute the new system from participants about the rule-mak- note) is repealed. in even less time is unrealistic. ing process thus far, I am concerned SEC. 3. DRIVER’S LICENSES AND PERSONAL In addition to the unrealistic burden that the regulations are being devel- IDENTIFICATION CARDS. (a) DEFINITIONS.—In this section: REAL ID places on States, REAL ID is oped by too few people without enough a serious threat to our privacy rights (1) DRIVER’S LICENSE.—The term ‘‘driver’s stakeholder engagement. license’’ means a motor vehicle operator’s li- and civil liberties. When DHS began this process, the cense (as defined in section 30301(5) of title The REAL ID Act will require each State Working Group was developed to 49, United States Code). State’s driver’s licensing agency to col- gather input from stakeholders. How- (2) PERSONAL IDENTIFICATION CARD.—The lect and store substantial numbers of ever, the engagement process was not term ‘‘personal identification card’’ means records containing licensees’ most sen- as robust as it could have been. Par- an identification document (as defined in sitive personally identifiable informa- ticipants in the working group never section 1028(d)(3) of title 18, United States tion, including one’s social security received feedback from DHS on their Code) issued by a State. number, proof of residence, and bio- (b) STANDARDS FOR ACCEPTANCE BY FED- proposals and DHS never reconvened ERAL AGENCIES.— metric identifiers such as a digital pho- the group to evaluate a draft of the (1) IN GENERAL.— tograph and signature. If the new State regulations. (A) LIMITATION ON ACCEPTANCE.—No Fed- databases are compromised, they will I also am concerned that given the eral agency may accept, for any official pur- provide one-stop access to virtually all shortsightedness of the law DHS was pose, a driver’s license or personal identifica- information necessary to commit iden- given by Congress, it may be the case tion card newly issued by a State more than tity theft. Moreover, the sharing of the that a complete replacement of the 2 years after the promulgation of the min- aggregated personally identifiable in- REAL ID Act is necessary. I am look- imum standards under paragraph (2) unless formation of licensees between and the driver’s license or personal identification ing to DHS to issue workable regula- card conforms to such minimum standards. amongst various government agencies tions. However, if our personal privacy (B) DATE FOR FULL CONFORMANCE.— and employees at the Federal, State, is not protected and the burden placed (i) IN GENERAL.—Except as provided under and local level, as contemplated by the on states is too great, a legislative clause (ii), beginning on the date that is 5 REAL ID Act, potentially allows mil- change to REAL ID may prove nec- years after the promulgation of minimum lions of individuals access to that in- essary. standards under paragraph (2), no Federal formation without protections or safe- Congress established a negotiated agency may accept, for any official purpose, guards. The potential for the private rulemaking process to improve the se- a driver’s license or personal identification sector to scan and share the informa- card issued by a State unless such driver’s li- curity of drivers licenses and ID cards cense or personal identification card con- tion contained on a REAL ID compli- in the Intelligence Reform and Ter- forms to such minimum standards. ant license exponentially increases the rorism Prevention Act of 2004. Accord- (ii) ALTERNATIVE DATE FOR FULL CONFORM- risk of identity theft as well. Despite ing to participants, that process was ANCE.—If the Secretary of Homeland Secu- these obvious threats to Americans’ making headway when the REAL ID rity determines that it is impracticable for privacy, the REAL ID Act fails to man- Act passed repealing the negotiated States to replace all State-issued driver’s li- date privacy protections for individ- rulemaking language and imposing censes and personal identification cards be- uals’ information nor does it provide much stricter guidelines. fore the deadline set forth in clause (i), the Secretary of Homeland Security, in con- States with the means to implement Today Senator SUNUNU and I intro- sultation with the Secretary of Transpor- data security and antihacking protec- duce the Identification Security En- tation, may set a later, alternative deadline tions that will be required to safeguard hancement Act, which will repeal the to the extent necessary for States to com- the new databases mandated by the REAL ID Act and reinstitute the plete such replacement with reasonable ef- act. shared rulemaking and more reason- forts.

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(C) STATE CERTIFICATION.— retary of Homeland Security pursuant to number of such documents issued by all (i) IN GENERAL.—Each State shall certify to paragraph (1) shall include equal numbers of States. the Secretary of Homeland Security that the representatives from— (3) MINIMUM ALLOCATION.—Notwithstanding State is in compliance with the require- (A) among State offices that issue driver’s paragraph (2), each State shall receive not ments of this section. licenses or personal identification cards; less than 0.5 percent of the grant funds made (ii) FREQUENCY.—Certifications under (B) among State elected officials; available under this subsection. clause (i) shall be made at such intervals and (C) the Department of Transportation; and (4) SEPARATE FUNDING.—Funds appro- in such a manner as the Secretary of Home- (D) among interested parties, including ex- priated for grants under this section may not land Security, with the concurrence of the perts in privacy protection, experts in civil be commingled with other grant funds ad- Secretary of Transportation, may prescribe liberties and protection of constitutional ministered by the Department of Homeland by regulation. rights, and experts in immigration law. Security and may not be used for any pur- (iii) AUDITS.—The Secretary of Homeland (4) CONTENT OF REGULATIONS.—The regula- pose other than the purpose set forth in Security may conduct periodic audits of tions required by subsection (b)(2)— paragraph (1). each State’s compliance with the require- (A) shall facilitate communication be- (e) EXTENSION OF EFFECTIVE DATE.—The ments of this section. tween the chief driver licensing official of a Secretary of Homeland Security may extend (2) MINIMUM STANDARDS.—Not later than 12 State, an appropriate official of a Federal the date specified under subsection (b)(1)(A) months after the date of enactment of this agency and other relevant officials, to verify for up to 2 years for driver’s licenses issued Act, the Secretary of Homeland Security, in the authenticity of documents, as appro- consultation with the Secretary of Transpor- priate, issued by such Federal agency or en- by a State if the Secretary determines that tation, shall by regulation, establish by min- tity and presented to prove the identity of the State made reasonable efforts to comply imum standards for driver’s licenses or per- an individual; with the date under such subsection but was sonal identification cards issued by a State (B) may not infringe on a State’s power to unable to do so. for use by Federal agencies for identification set criteria concerning what categories of in- SEC. 4. AUTHORIZATION OF APPROPRIATIONS. purposes that shall include— dividuals are eligible to obtain a driver’s li- (A) standards for documentation required cense or personal identification card from There are authorized to be appropriated to as proof of identity of an applicant for a that State; the Secretary of Homeland Security driver’s license or personal identification (C) may not require a State to comply with $300,000,000 for each of the fiscal years 2007 card; any such regulation that conflicts with or through 2013 to carry out this Act. (B) standards for the verifiability of docu- otherwise interferes with the full enforce- ments used to obtain a driver’s license or ment of State criteria concerning the cat- By Mr. LAUTENBERG (for him- personal identification card; egories of individuals that are eligible to ob- self, Mrs. BOXER, and Mr. (C) standards for the processing of applica- tain a driver’s license or personal identifica- tions for driver’s licenses and personal iden- tion card from that State; MENENDEZ): tification cards to prevent fraud; (D) may not require a single design to S. 4118. A bill to amend the Emer- (D) standards for information to be in- which driver’s licenses or personal identi- cluded on each driver’s license or personal gency Planning and Community Right- fication cards issued by all States must con- identification card, including— to-Know Act of 1986 to strike a provi- form; and (i) the person’s full legal name; (E) shall include procedures and require- sion relating to modifications in re- (ii) the person’s date of birth; ments to protect the privacy rights of indi- porting frequency; to the Committee (iii) the person’s gender; viduals who apply for and hold driver’s lion Environment and Public Works. (iv) the person’s driver’s license or per- censes and personal identification cards. sonal identification card number; (F) shall include procedures and require- Mr. LAUTENBERG. Mr. President, I (v) a photograph of the person; ments to protect the federal and state con- rise today to introduce legislation that (vi) the person’s address of principal resi- stitutional rights and civil liberties of indi- would preserve the public’s right to dence; and (vii) the person’s signature; viduals who apply for and hold driver’s li- know exactly what types and amounts (E) standards for common machine-read- censes and personal identification cards; of chemicals are being stored and re- able identity information to be included on (G) shall not permit the transmission of leased into their neighborhoods and each driver’s license or personal identifica- any personally identifiable information ex- communities. tion card, including defined minimum data cept for in encrypted format; elements; (H) shall provide individuals with proce- The legislation would stop the Envi- (F) security standards to ensure that driv- dural and substantive due process, including ronmental Protection Agency’s dan- er’s licenses and personal identification promulgating rules and rights of appeal, to gerous attempts to undermine the cards are— challenge errors in data records contained Toxic Release Inventory—TRI—pro- (i) resistant to tampering, alteration, or within the databases created to implement this Act; gram—which I authored in 1986—by al- counterfeiting; and lowing facilities that release up to 5,000 (ii) capable of accommodating and ensur- (I) shall not permit private entities to scan ing the security of a photograph or other the information contained on the face of a li- pounds of a toxic chemical to simply unique identifier; and cense, or in the machine readable component provide notice of a chemical’s presence (G) a requirement that a State confiscate a of the license, and resell, share or trade that at the facility, rather than disclose the driver’s license or personal identification information with any other third parties, actual amounts released to the land, card if any component or security feature of nor shall private entities be permitted to store the information collected for any other air, and water. The 5,000 pounds stand- the license or identification card is com- ard represents a ten-fold increase of promised. than fraud prevention purposes; (c) NEGOTIATED RULEMAKING.— (J) shall not preempt state privacy laws the current reporting threshold; this (1) IN GENERAL.—Before publishing the pro- that are more protective of personal privacy change would eliminate detailed re- posed regulations required by subsection than the standards, or regulations promul- porting for thousands of facilities in (b)(2) to carry out this title, the Secretary of gated to implement this Act; and communities around the country, in- (K) shall neither permit nor require Homeland Security shall establish a nego- cluding 92 facilities in New Jersey, and tiated rulemaking process pursuant to sub- verification of birth certificates until a na- chapter IV of chapter 5 of title 5, United tion wide system is designed to facilitate could eliminate entirely the disclosure States Code (5 U.S.C. 561 et seq.). such verification. of the releases of more than a dozen po- (2) TIME REQUIREMENT.—The process de- (d) GRANTS TO STATES.— tentially dangerous chemicals. The scribed in paragraph (1) shall be conducted in (1) ASSISTANCE IN MEETING FEDERAL STAND- EPA also has proposed to require re- a timely manner to ensure that— ARDS.—Beginning on the date a final regula- ports on chemical emissions only every (A) any recommendation for a proposed tion is promulgated under subsection (b)(2), other year, instead of the current an- rule or report— the Secretary of Homeland Security shall nual requirement. Under this wildly ir- (i) is provided to the Secretary of Home- award grants to States to assist them in con- land Security not later than 9 months after forming to the minimum standards for driv- responsible proposed rule change, cor- the date of enactment of this Act; and er’s licenses and personal identification porations would only be required to (ii) includes an assessment of the benefits cards set forth in the regulation. disclose their chemical emissions every and costs of the recommendation; and (2) ALLOCATION OF GRANTS.—The Secretary other year. This means that commu- (B) a final rule is promulgated not later of Homeland Security shall award grants to nities would have no knowledge of than 12 months after the date of enactment States under this subsection based on the what chemicals have been released in of this Act. proportion that the estimated average an- (3) REPRESENTATION ON NEGOTIATED RULE- nual number of driver’s licenses and personal the 50 percent of years where emissions MAKING COMMITTEE.—Any negotiated rule- identification cards issued by a State apply- are not disclosed; additionally, compa- making committee established by the Sec- ing for a grant bears to the average annual nies would have a perverse incentive to

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00100 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11747 concentrate their most egregious re- detailed reporting form. Second, it (b) REVISION OF REQUIREMENTS.—Notwith- leases of toxic chemicals into the envi- would codify the current prohibition on standing any other provision of law, the Ad- ronment in years which are not re- using the less detailed form for the ministrator shall not implement the pro- ported. Furthermore, the EPA has pub- most persistent chemicals, including posed rule of the Administrator dated Octo- ber 4, 2005 (70 Fed. Reg. 57822), to revise re- lished a proposal to reduce the infor- lead, mercury, and dioxin. Finally, it quirements under the Toxics Release Inven- mation available to the public regard- would prevent EPA from making the tory Program described in subsection (a)(1). ing the management of some of the frequency of reporting less than every most toxic chemicals that accumulate year. By Ms. LANDRIEU: in the environment, including lead and I would be remiss not to thank my S. 4119. A bill to clarify the tax treat- mercury. Needless to say, I strongly congressional colleagues in the House ment of certain payments made to oppose all three of these rule changes; of Representatives, FRANK PALLONE of homeowners by the Louisiana Recov- the legislation I am introducing will New Jersey, and HILDA SOLIS of Cali- ery Authority and the Mississippi De- stop them from taking place. fornia, with whom I have been pleased velopment Authority; to the Com- I firmly believe that it is simply un- to work on this issue. Representatives mittee on Finance. acceptable for the EPA to reduce the PALLONE and SOLIS have introduced the Ms. LANDRIEU. Mr. President, the amount of information available to the companion of this bill in the House; I Internal Revenue Service had another public about chemicals—including mer- now look forward to continuing to big surprise for citizens in my State of cury, lead and other carcinogens— work with them to ensure its passage. Louisiana and in Mississippi who are stored nearby or released into their I would also like to thank my col- trying to rebuild after Katrina: a tax community. When Congress passed the leagues Senator MENENDEZ and Senator surprise. original Emergency Planning and Com- BOXER, for being original cosponsors of The problem is simple. Louisiana and munity Right-to-Know Act in 1986, as a this important legislation. Mississippi have both established pro- response to the 1984 Union Carbide As a result of the EPA’s dereliction grams to help families rebuild their chemical disaster in Bhopal, India, of its duty to protect the public and homes and their lives after Katrina and some accountability was finally estab- the environment, Congress must act to Rita. Congress appropriated the money lished in the chemical industry. And do so. I strongly encourage my col- for these initiatives—more than $10 bil- now, the EPA is attempting to weaken leagues to do just that by enacting this lion in all and we are very grateful for these rules and reduce the amount of legislation. the assistance. The Louisiana program, information available to the public on I ask unanimous consent that the which we call the Road Home, is ad- these critical issues. For instance, in full text of the bill be printed in the ministered by the Louisiana Recovery my home State of New Jersey, a chem- RECORD. Authority, LRA. The program is now ical facility that released 2,000 pounds There being no objection, the bill was starting to get going. Under the Road of arsenic via air emissions in 2003 ordered to be printed in the RECORD, as Home, up to $150,000 in grants are would no longer be required to disclose follows: available to people to rebuild or repair this pollution to the general public. S. 4118 their homes. There is also funding available for rental properties. Grants Fourteen facilities that released a Be it enacted by the Senate and House of Rep- combined 8,600 pounds of carcinogenic resentatives of the United States of America in can also be used to buy out homes. The styrene would no longer have to report Congress assembled, Louisianians who were displaced by the these emissions in detail. I find these SECTION 1. SHORT TITLE. storms want to go home and the Road proposals absolutely outrageous. It This Act may be cited as the ‘‘Toxic Right- Home program will get them there. truly begs the question: who is the to-Know Protection Act’’. But the IRS is putting a pothole in EPA really ‘‘protecting’’? The general SEC. 2. MODIFICATIONS IN REPORTING FRE- the middle of the Road Home by mak- public and the environment, or cor- QUENCY. ing some of these payments taxable. porate interests that pollute our com- (a) IN GENERAL.—Section 313 of the Emer- The way this tax surprise works is by munities? gency Planning and Community Right-to- requiring that any hurricane victim While the EPA touts the benefits of Know Act of 1986 (42 U.S.C. 11023) is amend- who claimed a casualty loss deduction its proposal as ‘‘burden reduction’’ for ed— for damage to their home on their tax (1) by striking subsection (i); and return for 2005 will have to reduce that industry, I strongly believe that the (2) by redesignating subsections (j) through benefit of annual, detailed reporting (l) as subsections (i) through (k), respec- loss by the amount of any payment vastly outweighs the marginal reduc- tively. from the LRA. So if they had their tion in burden that will be provided to (b) CONFORMING AMENDMENTS.—Sections taxes reduced in one year and received industry. In fact, according to the 322(h)(2) and 326(a)(1)(B)(iv) of the Emer- a Road Home grant the next year, they EPA’s own estimates, the average cost gency Planning and Community Right-to- have to essentially eliminate any ben- saved for facilities no longer required Know Act of 1986 (42 U.S.C. 11042(h)(2), efit of the earlier casualty loss deduc- to report the release of toxic chemicals 11046(a)(1)(B)(iv)) are amended by striking tion. Their taxes will go up. ‘‘313(j)’’ each place it appears and inserting Now I realize that under normal cir- in amounts less than 5,000 pounds ‘‘313(i)’’. would be approximately $2.32 per day. cumstances, when a person’s home SEC. 3. REQUIREMENTS RELATING TO TOXICS It is simply stunning that the EPA is RELEASE INVENTORY. bums down, the roof caves in, or they willing to jeopardize public health and (a) FORM A CERTIFICATION STATEMENT.— are a victim of theft, they can take a safety for a daily cost savings roughly Notwithstanding any other provision of casualty loss deduction, provided it equivalent to a couple cups of coffee. law— meets certain requirements. The loss There are constructive ways to im- (1) the Administrator of the Environ- must exceed ten percent of the tax- prove the TRI program, and lessen the mental Protection Agency (referred to in payers adjusted gross income, and a per burdens on industry, without reducing this section as the ‘‘Administrator’’) shall loss floor of $100. In some cir- the amount of information available to establish the eligibility threshold regarding cumstances, taxpayers are permitted the use of a form A certification statement the public. These include improving under the Toxics Release Inventory Program to include a current-year casualty loss the system for electronic reporting, established under the Emergency Planning on an amended prior year return. and offering technical assistance to and Community Right-to-Know Act of 1986 Immediately after Katrina, we en- help businesses comply with the re- (42 U.S.C. 11001 et seq.) at not greater than acted the Katrina Emergency Tax Re- quirements. 500 pounds for nonpersistent bioaccumula- lief Act, KETRA, that suspended the The bill I am introducing is simple. tive and toxic chemicals; and ten percent floor for casualty losses in- First, it would codify the requirement (2) the use of a form A certification state- curred in the Hurricane Katrina dis- that companies which release emis- ment described in paragraph (1), or any aster area, including those claimed on sions of more than 500 pounds of any equivalent successor to the statement, shall amended returns. The purpose of the be prohibited with respect to any chemical standard TRI chemical must disclose identified by the Administrator as a chem- change in KETRA was simple: we want- the details of their releases. Releases ical of special concern under section 372.28 of ed to put money in the hands of in amounts less than 500 pounds would title 40, Code of Federal Regulations (or a Katrina victims as quickly as possible. continue to be allowed to use the less successor regulation). We essentially encouraged taxpayers to

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00101 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11748 CONGRESSIONAL RECORD — SENATE December 8, 2006 take this loss, even by amending a past Nevertheless, I must express my pro- mittee worked diligently with us to return. The IRS would then provide found disappointment in seeing yet an- improve upon and advance that bill. In them with a refund. other Congress go by without passage addition, despite last minute delays by Hurricane victims needed that of this critical reauthorization. the Department of Health and Human money. They had to find a place to Thirty years ago, Congress first en- Services, on June 8, 2006, the Finance live, often at higher rents. Many of acted the Indian Health Care Improve- Committee unanimously reported the them had lost their jobs and needed ment Act to meet the moral commit- amendments to the Social Security Act this money to see them through until ment and trust obligation of the that were needed to effectively imple- they started working again. They used United States to provide comprehen- ment S. 1057. the money to begin the rebuilding of sive health care to Indian people. The However, when we sought consider- their lives. These people didn’t take act was last reauthorized in 1992, and ation of the bill on the floor, additional this money and invest it in the stock efforts on the latest reauthorization concerns were raised about the bill, market or put it in a trust fund some- have been ongoing since the 106th Con- even after it had been considered by where. They spent it because they had gress. Over the course of nearly 7 years the committees of jurisdiction and to. Congress encouraged people to take and four Congresses, the Committee on after years of discussion with the ad- the deduction by changing the law. Indian Affairs, along with the Commit- ministration. These concerns prevented Now the IRS wants to take it back. tees on Finance and Health, Education, the Senate from considering S.1057 I fully understand the policy behind Labor and Pensions and the Indian prior to its recess on September 29, all of this. Casualty loss deductions are tribes, has labored to reauthorize the 2006. I have not been averse to a construc- reduced by the amount of any insur- Indian Health Care Improvement Act. I tive dialogue aimed at improving the ance or other recovery they make on have been encouraged by the recent measure introduced, but I am deeply the loss. In fact, at the time the tax- discussions with the administration on concerned about the repeated delays in payer makes the deduction he or she is the reauthorization, however, we were passing this legislation and the seem- supposed to reduce the amount of the simply left without sufficient time to ingly unending series of obstacles loss by any insurance recovery they achieve final passage. thrown in the way of getting this busi- reasonably expect to receive. If you re- The Indian Health Care Improvement ness done. The committee has held at Act is the fundamental statutory ceive a larger payment than you ex- least nine hearings on the reauthoriza- framework for the Indian health care pected at a future time, you must tion since the 106th Congress, con- system and governs nearly every as- claim it on your income tax return ducted extensive negotiations with the pect of Indian health care. The Vice- when you receive it. administration, and provided ample op- Chairman of the Committee on Indian The problem is that this policy will portunity to engage in constructive Affairs, Senator DORGAN, and I intro- seriously hamper our recovery by dis- dialogue from all interested parties. duced the predecessor bill, S.1057, over couraging people from staying in Lou- We have demonstrated our willingness 1 year ago to build upon that frame- isiana. If you took a casualty loss and to accommodate any reasonable con- you receive a $150,000 Road Home pay- work by updating the delivery of cerns, even when raised belatedly as ment to rebuild your house, you will health services to be consistent with they so often have been, without com- have a tax consequence. But if you currently accepted health policy and promising congressional oversight, and took the casualty loss and sold your practices everywhere in our great na- the quality, accessibility and flexi- house to the LRA for the $150,000 pay- tion except Indian Country. This new bility for the Indian health programs ment, it is treated like a home sale and iteration of the reauthorization of the deserved by Indian people. Neverthe- there is no tax. This policy creates a Indian Health Care Improvement Act less, we could not reach a final resolu- disincentive to recovery. This tax pol- contained critically needed improve- tion to some provisions which would in icy will encourage people to take the ments including increased access to our view have regressed from current road out of town and not to return to care, alternative financing for health law and good health policy. the gulf coast. On top of this, if a per- care facilities and services, integrated Therefore, Senator ENZI and I decided son did not claim the casualty loss, but programs for behavioral health, and to introduce this bill, which reflects receives a grant, the grant is tax free. progressive recruitment and retention the reasonable compromises we have Mr. President, Congress has done a programs for health professionals serv- agreed to with the administration. Spe- tremendous job passing legislation to ing Indian communities. cifically, to address concerns raised by encourage investment and the rebuild- Extensive work went into crafting the Department of Justice, this bill ing of the gulf coast. We should not put these bills. Six years ago, a steering protects the United States from unnec- road blocks in the way of the Road committee of Indian tribal leaders, essary lawsuits, while at the same time Home. Today, I am introducing legisla- after extensive consultation with the insuring that Indian patients receiving tion to eliminate this road block to our Indian Health Service, developed a health care in IHS or tribal facilities, recovery. I realize that we are at the broad consensus about the needed im- or in home- or community-based set- end of the session and that there will provements to the Indian health care tings, will have the quality of care not be enough time to pass this legisla- system. Bills based on this steering they deserve. tion before we adjourn. I will pursue committee’s recommendations have I believe that it is extremely impor- this in the next Congress when we re- been introduced in the Senate since the tant to remember, when looking at this turn in January. I encourage my col- 106th Congress, but none have been en- bill, that improving, rather than re- leagues to support this bill. acted. gressing from, current law and policy In October, 2005, the Committee on is particularly important in light of By Mr. MCCAIN (for himself, Mr. Indian Affairs favorably reported out studies which drive home the desperate DORGAN, Mr. ENZI, and Ms. S. 1057. As with many bills, aspects of need for improving the Indian health MURKOWSKI): S. 1057 fell under the jurisdiction of care system. For example, a Govern- S. 4122. A bill to amend the Indian other committees, and in years past, ment Accountability Office report Health Care Improvement Act to revise this appears to have complicated and issued in August, 2005 documented the and extend that Act; to the Committee delayed consideration. However, in the lower life expectancies and substan- on Indian Affairs. 109th Congress S.1057 was reviewed and tially higher disease rates among Indi- Mr. MCCAIN. Mr. President, today I debated by the Senate Committees on ans, and found that health care serv- introduce the Indian Health Care Im- Indian Affairs, Finance and Health, ices were not always available for In- provement Act Amendments of 2006. I Education, Labor and Pensions. We dian people. The GAO further reported am proud to be joined in introducing worked closely with those committees that the treatment delays or service this bill by Senators ENZI and MUR- to advance and improve upon the reau- gaps could exacerbate the severity of KOWSKI. This bill reflects the work of thorization legislation. Indian patients’ conditions and create three committees of jurisdiction and In July, 2005, the HELP Committee a need for more intensive treatment. countless meetings with the adminis- reached out to us and we held a joint These findings should concern Con- tration over the past four Congresses. hearing on S.1057. The HELP Com- gress. We retain the ultimate authority

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00102 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11749 and responsibility to deal with Indian Sec. 204. Premiums and cost sharing protec- ‘‘Sec. 124. National Health Service Corps. tribes and provide oversight of the Fed- tions under Medicaid, eligi- ‘‘Sec. 125. Substance abuse counselor edu- eral agencies which discharge the re- bility determinations under cational curricula demonstra- sponsibilities outlined in our laws. It is Medicaid and SCHIP, and pro- tion programs. tection of certain Indian prop- ‘‘Sec. 126. Behavioral health training and Congress’s responsibility to ensure erty from Medicaid estate re- community education pro- that the Indian health care system is covery. grams. updated to accommodate practices Sec. 205. Nondiscrimination in qualifica- ‘‘Sec. 127. Authorization of appropriations. that have become a part of the main- tions for payment for services ‘‘TITLE II–HEALTH SERVICES stream health care industry. under Federal health care pro- ‘‘Sec. 201. Indian Health Care Improvement This concern and commitment was grams. Fund. evident in the work of many Members Sec. 206. Consultation on Medicaid, SCHIP, ‘‘Sec. 202. Catastrophic Health Emergency and other health care programs of the Senate. We are very pleased that Fund. funded under the Social Secu- ‘‘Sec. 203. Health promotion and disease pre- Senator MURKOWSKI has joined us in rity Act involving Indian vention services. the introduction of this bill. I want to Health Programs and Urban In- ‘‘Sec. 204. Diabetes prevention, treatment, thank Senators ENZI, GRASSLEY, BAU- dian Organizations. and control. CUS, and KENNEDY, for their efforts and Sec. 207. Exclusion waiver authority for af- ‘‘Sec. 205. Shared services for long-term that of their staff on this legislation. I fected Indian Health Programs care. was proud to advance a bill which re- and safe harbor transactions ‘‘Sec. 206. Health services research. under the Social Security Act. ‘‘Sec. 207. Mammography and other cancer flected the bipartisan work of the mul- Sec. 208. Rules applicable under Medicaid tiple committees of jurisdiction. Dur- screening. and SCHIP to managed care en- ‘‘Sec. 208. Patient travel costs. ing this Congress, we were joined in tities with respect to Indian en- ‘‘Sec. 209. Epidemiology centers. pushing toward passage by other Sen- rollees and Indian health care ‘‘Sec. 210. Comprehensive school health edu- ators and I want to thank, in par- providers and Indian managed cation programs. ticular, Senators BURNS, CRAPO, BINGA- care entities. ‘‘Sec. 211. Indian youth program. MAN, and Senator DOMENICI, who has Sec. 209. Annual report on Indians served by ‘‘Sec. 212. Prevention, control, and elimi- long supported Indian health and has Social Security Act health ben- nation of communicable and in- efit programs. been instrumental in advancing the fectious diseases. TITLE I—AMENDMENTS TO INDIAN LAWS ‘‘Sec. 213. Authority for provision of other bill. Finally, I express special thanks services. to Senator DORGAN and his staff for SEC. 101. INDIAN HEALTH CARE IMPROVEMENT ACT AMENDED. ‘‘Sec. 214. Indian women’s health care. their unwavering support and The Indian Health Care Improvement Act ‘‘Sec. 215. Environmental and nuclear health unstinted efforts on the reauthoriza- (25 U.S.C. 1601 et seq.) is amended to read as hazards. ‘‘Sec. 216. Arizona as a contract health serv- tion of the Indian Health Care Im- follows: provement Act. ice delivery area. ‘‘SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ‘‘Sec. 216A. North Dakota and South Dakota At the end of this Congress I relin- ‘‘(a) SHORT TITLE.—This Act may be cited as contract health service de- quish the chair of the committee know- as the ‘Indian Health Care Improvement livery area. ing that there is much work to do for Act’. ‘‘Sec. 217. California contract health serv- Indian health. However, I am confident ‘‘(b) TABLE OF CONTENTS.—The table of ices program. contents for this Act is as follows: that Senator DORGAN will continue ‘‘Sec. 218. California as a contract health these efforts, and I look forward to ‘‘Sec. 1. Short title; table of contents. service delivery area. ‘‘Sec. 2. Findings. working with him on these and other ‘‘Sec. 219. Contract health services for the ‘‘Sec. 3. Declaration of national Indian Trenton service area. Indian issues. I ask consent that the health policy. ‘‘Sec. 220. Programs operated by Indian bill be printed in the RECORD. ‘‘Sec. 4. Definitions. Tribes and Tribal Organiza- There being no objection, the bill was ‘‘TITLE I–INDIAN HEALTH, HUMAN tions. ordered to be printed in the RECORD, as RESOURCES, AND DEVELOPMENT ‘‘Sec. 221. Licensing. follows: ‘‘Sec. 101. Purpose. ‘‘Sec. 222. Notification of provision of emergency contract health services. S. 4122 ‘‘Sec. 102. Health professions recruitment program for Indians. ‘‘Sec. 223. Prompt action on payment of Be it enacted by the Senate and House of Rep- ‘‘Sec. 103. Health professions preparatory claims. resentatives of the United States of America in scholarship program for Indi- ‘‘Sec. 224. Liability for payment. Congress assembled, ans. ‘‘Sec. 225. Office of Indian Men’s Health. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ‘‘Sec. 104. Indian health professions scholar- ‘‘Sec. 226. Authorization of appropriations. (a) SHORT TITLE.—This Act may be cited as ships. ‘‘TITLE III–FACILITIES the ‘‘Indian Health Care Improvement Act ‘‘Sec. 105. American Indians Into Psy- ‘‘Sec. 301. Consultation; construction and Amendments of 2006’’. chology Program. renovation of facilities; reports. (b) TABLE OF CONTENTS.—The table of con- ‘‘Sec. 106. Scholarship programs for Indian ‘‘Sec. 302. Sanitation facilities. tents of this Act is as follows: Tribes. ‘‘Sec. 303. Preference to Indians and Indian Sec. 1. Short title; table of contents. ‘‘Sec. 107. Indian Health Service extern pro- firms. grams. ‘‘Sec. 304. Expenditure of non-Service funds TITLE I—AMENDMENTS TO INDIAN LAWS ‘‘Sec. 108. Continuing education allowances. for renovation. Sec. 101. Indian Health Care Improvement ‘‘Sec. 109. Community Health Representa- ‘‘Sec. 305. Funding for the construction, ex- Act amended. tive Program. pansion, and modernization of Sec. 102. Soboba sanitation facilities. ‘‘Sec. 110. Indian Health Service Loan Re- small ambulatory care facili- Sec. 103. Native American Health and payment Program. ties. Wellness Foundation. ‘‘Sec. 111. Scholarship and Loan Repayment ‘‘Sec. 306. Indian health care delivery dem- TITLE II—IMPROVEMENT OF INDIAN Recovery Fund. onstration project. HEALTH CARE PROVIDED UNDER THE ‘‘Sec. 112. Recruitment activities. ‘‘Sec. 307. Land transfer. SOCIAL SECURITY ACT ‘‘Sec. 113. Indian recruitment and retention ‘‘Sec. 308. Leases, contracts, and other program. agreements. Sec. 201. Expansion of payments under Medi- ‘‘Sec. 114. Advanced training and research. ‘‘Sec. 309. Study on loans, loan guarantees, care, Medicaid, and SCHIP for ‘‘Sec. 115. Quentin N. Burdick American In- and loan repayment. all covered services furnished dians Into Nursing Program. ‘‘Sec. 310. Tribal leasing. by Indian Health Programs. ‘‘Sec. 116. Tribal cultural orientation. ‘‘Sec. 311. Indian Health Service/tribal fa- Sec. 202. Increased outreach to Indians ‘‘Sec. 117. INMED Program. cilities joint venture program. under Medicaid and SCHIP and ‘‘Sec. 118. Health training programs of com- ‘‘Sec. 312. Location of facilities. improved cooperation in the munity colleges. ‘‘Sec. 313. Maintenance and improvement of provision of items and services ‘‘Sec. 119. Retention bonus. health care facilities. to Indians under Social Secu- ‘‘Sec. 120. Nursing residency program. ‘‘Sec. 314. Tribal management of Federally- rity Act health benefit pro- ‘‘Sec. 121. Community Health Aide Program. owned quarters. grams. ‘‘Sec. 122. Tribal Health Program adminis- ‘‘Sec. 315. Applicability of Buy American Sec. 203. Additional provisions to increase tration. Act requirement. outreach to, and enrollment of, ‘‘Sec. 123. Health professional chronic short- ‘‘Sec. 316. Other funding for facilities. Indians in SCHIP and Medicaid. age demonstration programs. ‘‘Sec. 317. Authorization of appropriations.

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00103 Fmt 4624 Sfmt 0655 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11750 CONGRESSIONAL RECORD — SENATE December 8, 2006 ‘‘TITLE IV–ACCESS TO HEALTH ‘‘TITLE VII–BEHAVIORAL HEALTH ‘‘(3) to the greatest extent possible, to SERVICES PROGRAMS allow Indians to set their own health care ‘‘Sec. 401. Treatment of payments under So- ‘‘Sec. 701. Behavioral health prevention and priorities and establish goals that reflect cial Security Act health bene- treatment services. their unmet needs; fits programs. ‘‘Sec. 702. Memoranda of agreement with the ‘‘(4) to increase the proportion of all de- ‘‘Sec. 402. Grants to and contracts with the Department of the Interior. grees in the health professions and allied and Service, Indian Tribes, Tribal ‘‘Sec. 703. Comprehensive behavioral health associated health professions awarded to In- Organizations, and Urban In- prevention and treatment pro- dians so that the proportion of Indian health dian Organizations to facilitate gram. professionals in each Service Area is raised outreach, enrollment, and cov- ‘‘Sec. 704. Mental health technician pro- to at least the level of that of the general erage of Indians under Social gram. population; Security Act health benefit ‘‘Sec. 705. Licensing requirement for mental ‘‘(5) to require meaningful consultation programs and other health ben- health care workers. with Indian Tribes, Tribal Organizations, efits programs. ‘‘Sec. 706. Indian women treatment pro- and Urban Indian Organizations to imple- ‘‘Sec. 403. Reimbursement from certain grams. ment this Act and the national policy of In- third parties of costs of health ‘‘Sec. 707. Indian youth program. dian self-determination; and services. ‘‘Sec. 708. Indian youth telemental health ‘‘(6) to provide funding for programs and ‘‘Sec. 404. Crediting of reimbursements. demonstration project. facilities operated by Indian Tribes and Trib- ‘‘Sec. 405. Purchasing health care coverage. ‘‘Sec. 709. Inpatient and community-based al Organizations in amounts that are not ‘‘Sec. 406. Sharing arrangements with Fed- mental health facilities design, less than the amounts provided to programs eral agencies. construction, and staffing. and facilities operated directly by the Serv- ‘‘Sec. 407. Payor of last resort. ‘‘Sec. 710. Training and community edu- ice. cation. ‘‘Sec. 408. Nondiscrimination under Federal ‘‘SEC. 4. DEFINITIONS. ‘‘Sec. 711. Behavioral health program. health care programs in quali- ‘‘For purposes of this Act: fications for reimbursement for ‘‘Sec. 712. Fetal alcohol disorder programs. ‘‘Sec. 713. Child sexual abuse and prevention ‘‘(1) The term ‘accredited and accessible’ services. treatment programs. means on or near a reservation and accred- ‘‘Sec. 409. Consultation. ‘‘Sec. 714. Behavioral health research. ited by a national or regional organization ‘‘Sec. 410. State Children’s Health Insurance ‘‘Sec. 715. Definitions. with accrediting authority. Program (SCHIP). ‘‘Sec. 716. Authorization of appropriations. ‘‘(2) The term ‘Area Office’ means an ad- ‘‘Sec. 411. Exclusion waiver authority for af- ‘‘TITLE VIII–MISCELLANEOUS ministrative entity, including a program of- fected Indian Health Programs fice, within the Service through which serv- and safe harbor transactions ‘‘Sec. 801. Reports. ices and funds are provided to the Service ‘‘Sec. 802. Regulations. under the Social Security Act. Units within a defined geographic area. ‘‘Sec. 803. Plan of implementation. ‘‘Sec. 412. Premium and cost sharing protec- ‘‘(3)(A) The term ‘behavioral health’ means tions and eligibility determina- ‘‘Sec. 804. Availability of funds. ‘‘Sec. 805. Limitations. the blending of substance (alcohol, drugs, tions under Medicaid and inhalants, and tobacco) abuse and mental SCHIP and protection of cer- ‘‘Sec. 806. Eligibility of California Indians. ‘‘Sec. 807. Health services for ineligible per- health prevention and treatment, for the tain Indian property from Med- purpose of providing comprehensive services. icaid estate recovery. sons. ‘‘Sec. 808. Reallocation of base resources. ‘‘(B) The term ‘behavioral health’ includes ‘‘Sec. 413. Treatment under Medicaid and ‘‘Sec. 809. Results of demonstration projects. the joint development of substance abuse SCHIP managed care. ‘‘Sec. 810. Provision of services in Montana. and mental health treatment planning and ‘‘Sec. 414. Navajo Nation Medicaid Agency ‘‘Sec. 811. Moratorium. coordinated case management using a multi- feasibility study. ‘‘Sec. 812. Tribal employment. disciplinary approach. ‘‘Sec. 415. Authorization of appropriations. ‘‘Sec. 813. Severability provisions. ‘‘(4) The term ‘California Indians’ means ‘‘TITLE V–HEALTH SERVICES FOR ‘‘Sec. 814. Establishment of National Bipar- those Indians who are eligible for health URBAN INDIANS tisan Commission on Indian services of the Service pursuant to section ‘‘Sec. 501. Purpose. Health Care. 806. ‘‘Sec. 502. Contracts with, and grants to, ‘‘Sec. 815. Appropriations; availability. ‘‘(5) The term ‘community college’ Urban Indian Organizations. ‘‘Sec. 816. Authorization of appropriations. means— ‘‘Sec. 503. Contracts and grants for the pro- ‘‘SEC. 2. FINDINGS. ‘‘(A) a tribal college or university, or vision of health care and refer- ‘‘Congress makes the following findings: ‘‘(B) a junior or community college. ral services. ‘‘(1) Federal health services to maintain ‘‘(6) The term ‘contract health service’ ‘‘Sec. 504. Contracts and grants for the de- and improve the health of the Indians are means health services provided at the ex- termination of unmet health consonant with and required by the Federal pense of the Service or a Tribal Health Pro- care needs. Government’s historical and unique legal re- gram by public or private medical providers ‘‘Sec. 505. Evaluations; renewals. lationship with, and resulting responsibility or hospitals, other than the Service Unit or ‘‘Sec. 506. Other contract and grant require- to, the American Indian people. the Tribal Health Program at whose expense ments. ‘‘(2) A major national goal of the United the services are provided. ‘‘Sec. 507. Reports and records. States is to provide the quantity and quality ‘‘(7) The term ‘Department’ means, unless ‘‘Sec. 508. Limitation on contract authority. of health services which will permit the otherwise designated, the Department of ‘‘Sec. 509. Facilities. health status of Indians to be raised to the Health and Human Services. ‘‘Sec. 510. Division of Urban Indian Health. highest possible level and to encourage the ‘‘(8) The term ‘Director’ means the Direc- ‘‘Sec. 511. Grants for alcohol and substance maximum participation of Indians in the tor of the Service. abuse-related services. planning and management of those services. ‘‘(9) The term ‘disease prevention’ means ‘‘Sec. 512. Treatment of certain demonstra- ‘‘(3) Federal health services to Indians the reduction, limitation, and prevention of tion projects. have resulted in a reduction in the preva- disease and its complications and reduction ‘‘Sec. 513. Urban NIAAA transferred pro- lence and incidence of preventable illnesses in the consequences of disease, including— grams. among, and unnecessary and premature ‘‘(A) controlling— ‘‘Sec. 514. Consultation with Urban Indian deaths of, Indians. ‘‘(i) the development of diabetes; Organizations. ‘‘(4) Despite such services, the unmet ‘‘(ii) high blood pressure; ‘‘Sec. 515. Urban youth treatment center health needs of the American Indian people ‘‘(iii) infectious agents; demonstration. are severe and the health status of the Indi- ‘‘(iv) injuries; ‘‘Sec. 516. Grants for diabetes prevention, ans is far below that of the general popu- ‘‘(v) occupational hazards and disabilities; treatment, and control. lation of the United States. ‘‘(vi) sexually transmittable diseases; and ‘‘Sec. 517. Community Health Representa- ‘‘SEC. 3. DECLARATION OF NATIONAL INDIAN ‘‘(vii) toxic agents; and tives. HEALTH POLICY. ‘‘(B) providing— ‘‘Sec. 518. Effective date. ‘‘Congress declares that it is the policy of ‘‘(i) fluoridation of water; and ‘‘Sec. 519. Eligibility for services. this Nation, in fulfillment of its special trust ‘‘(ii) immunizations. ‘‘Sec. 520. Authorization of appropriations. responsibilities and legal obligations to Indi- ‘‘(10) The term ‘health profession’ means ‘‘TITLE VI–ORGANIZATIONAL ans— allopathic medicine, family medicine, inter- IMPROVEMENTS ‘‘(1) to assure the highest possible health nal medicine, pediatrics, geriatric medicine, ‘‘Sec. 601. Establishment of the Indian status for Indians and to provide all re- obstetrics and gynecology, podiatric medi- Health Service as an agency of sources necessary to effect that policy; cine, nursing, public health nursing, den- the Public Health Service. ‘‘(2) to raise the health status of Indians by tistry, psychiatry, osteopathy, optometry, ‘‘Sec. 602. Automated management informa- the year 2010 to at least the levels set forth pharmacy, psychology, public health, social tion system. in the goals contained within the Healthy work, marriage and family therapy, chiro- ‘‘Sec. 603. Authorization of appropriations. People 2010 or successor objectives; practic medicine, environmental health and

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00104 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11751 engineering, allied health professions, and ‘‘(D) is determined to be an Indian under side, or who is a descendant in the first or any other health profession. regulations promulgated by the Secretary. second degree of any such member. ‘‘(11) The term ‘health promotion’ means— ‘‘(13) The term ‘Indian Health Program’ ‘‘(B) The individual is an Eskimo, Aleut, or ‘‘(A) fostering social, economic, environ- means— other Alaska Native. mental, and personal factors conducive to ‘‘(A) any health program administered di- ‘‘(C) The individual is considered by the health, including raising public awareness rectly by the Service; Secretary of the Interior to be an Indian for about health matters and enabling the peo- ‘‘(B) any Tribal Health Program; or any purpose. ple to cope with health problems by increas- ‘‘(C) any Indian Tribe or Tribal Organiza- ‘‘(D) The individual is determined to be an ing their knowledge and providing them with tion to which the Secretary provides funding Indian under regulations promulgated by the valid information; pursuant to section 23 of the Act of June 25, Secretary. ‘‘(B) encouraging adequate and appropriate 1910 (25 U.S.C. 47) (commonly known as the ‘‘(28) The term ‘Urban Indian Organization’ diet, exercise, and sleep; ‘Buy Indian Act’). means a nonprofit corporate body that (A) is ‘‘(C) promoting education and work in con- ‘‘(14) The term ‘Indian Tribe’ has the situated in an Urban Center; (B) is governed formity with physical and mental capacity; meaning given the term in the Indian Self- by an Urban Indian-controlled board of direc- ‘‘(D) making available safe water and sani- Determination and Education Assistance Act tors; (C) provides for the participation of all tary facilities; (25 U.S.C. 450 et seq.). interested Indian groups and individuals; and ‘‘(E) improving the physical, economic, ‘‘(15) The term ‘junior or community col- (D) is capable of legally cooperating with cultural, psychological, and social environ- lege’ has the meaning given the term by sec- other public and private entities for the pur- ment; tion 312(e) of the Higher Education Act of pose of performing the activities described in ‘‘(F) promoting culturally competent care; 1965 (20 U.S.C. 1058(e)). section 503(a). and ‘‘(16) The term ‘reservation’ means any fed- ‘‘TITLE I—INDIAN HEALTH, HUMAN ‘‘(G) providing adequate and appropriate erally recognized Indian Tribe’s reservation, RESOURCES, AND DEVELOPMENT programs, which may include— Pueblo, or colony, including former reserva- ‘‘(i) abuse prevention (mental and phys- tions in Oklahoma, Indian allotments, and ‘‘SEC. 101. PURPOSE. ical); Alaska Native Regions established pursuant ‘‘(ii) community health; to the Alaska Native Claims Settlement Act ‘‘The purpose of this title is to increase, to ‘‘(iii) community safety; (25 U.S.C. 1601 et seq.). the maximum extent feasible, the number of ‘‘(iv) consumer health education; ‘‘(17) The term ‘Secretary’, unless other- Indians entering the health professions and ‘‘(v) diet and nutrition; wise designated, means the Secretary of providing health services, and to assure an ‘‘(vi) immunization and other prevention of Health and Human Services. optimum supply of health professionals to communicable diseases, including HIV/AIDS; ‘‘(18) The term ‘Service’ means the Indian the Indian Health Programs and Urban In- ‘‘(vii) environmental health; Health Service. dian Organizations involved in the provision ‘‘(viii) exercise and physical fitness; ‘‘(19) The term ‘Service Area’ means the of health services to Indians. ‘‘(ix) avoidance of fetal alcohol disorders; geographical area served by each Area Of- ‘‘SEC. 102. HEALTH PROFESSIONS RECRUITMENT ‘‘(x) first aid and CPR education; fice. PROGRAM FOR INDIANS. ‘‘(xi) human growth and development; ‘‘(20) The term ‘Service Unit’ means an ad- ‘‘(xii) injury prevention and personal safe- ministrative entity of the Service, or a Trib- ‘‘(a) IN GENERAL.—The Secretary, acting ty; al Health Program through which services through the Service, shall make grants to ‘‘(xiii) behavioral health; are provided, directly or by contract, to eli- public or nonprofit private health or edu- ‘‘(xiv) monitoring of disease indicators be- gible Indians within a defined geographic cational entities, Tribal Health Programs, or tween health care provider visits, through area. Urban Indian Organizations to assist such appropriate means, including Internet-based ‘‘(21) The term ‘telehealth’ has the mean- entities in meeting the costs of— health care management systems; ing given the term in section 330K(a) of the ‘‘(1) identifying Indians with a potential ‘‘(xv) personal health and wellness prac- Public Health Service Act (42 U.S.C. 254c– for education or training in the health pro- tices; 16(a)). fessions and encouraging and assisting ‘‘(xvi) personal capacity building; ‘‘(22) The term ‘telemedicine’ means a tele- them— ‘‘(xvii) prenatal, pregnancy, and infant communications link to an end user through ‘‘(A) to enroll in courses of study in such care; the use of eligible equipment that electroni- health professions; or ‘‘(xviii) psychological well-being; cally links health professionals or patients ‘‘(B) if they are not qualified to enroll in ‘‘(xix) safe and adequate water; and health professionals at separate sites in any such courses of study, to undertake such ‘‘(xx) healthy work environments; order to exchange health care information in postsecondary education or training as may ‘‘(xxi) elimination, reduction, and preven- audio, video, graphic, or other format for the be required to qualify them for enrollment; tion of contaminants that create unhealthy purpose of providing improved health care ‘‘(2) publicizing existing sources of finan- household conditions (including mold and services. cial aid available to Indians enrolled in any other allergens); ‘‘(23) The term ‘tribal college or university’ course of study referred to in paragraph (1) ‘‘(xxii) stress control; has the meaning given the term in section or who are undertaking training necessary ‘‘(xxiii) substance abuse; 316(b)(3) of the Higher Education Act (20 to qualify them to enroll in any such course ‘‘(xxiv) sanitary facilities; U.S.C. 1059c(b)(3)). of study; or ‘‘(xxv) sudden infant death syndrome pre- ‘‘(24) The term ‘Tribal Health Program’ ‘‘(3) establishing other programs which the vention; means an Indian Tribe or Tribal Organiza- Secretary determines will enhance and fa- ‘‘(xxvi) tobacco use cessation and reduction that operates any health program, serv- cilitate the enrollment of Indians in, and the tion; ice, function, activity, or facility funded, in subsequent pursuit and completion by them ‘‘(xxvii) violence prevention; and whole or part, by the Service through, or of, courses of study referred to in paragraph ‘‘(xxviii) such other activities identified by provided for in, a contract or compact with (1). the Service, a Tribal Health Program, or an the Service under the Indian Self-Determina- ‘‘(b) GRANTS.— Urban Indian Organization, to promote tion and Education Assistance Act (25 U.S.C. ‘‘(1) APPLICATION.—The Secretary shall not achievement of any of the objectives de- 450 et seq.). make a grant under this section unless an scribed in section 3(2). ‘‘(25) The term ‘Tribal Organization’ has application has been submitted to, and ap- ‘‘(12) The term ‘Indian’, unless otherwise the meaning given the term in the Indian proved by, the Secretary. Such application designated, means any person who is a mem- Self-Determination and Education Assist- shall be in such form, submitted in such ber of an Indian Tribe or is eligible for ance Act (25 U.S.C. 450 et seq.). manner, and contain such information, as health services under section 806, except ‘‘(26) The term ‘Urban Center’ means any the Secretary shall by regulation prescribe that, for the purpose of sections 102 and 103, community which has a sufficient Urban In- pursuant to this Act. The Secretary shall the term also means any individual who— dian population with unmet health needs to give a preference to applications submitted ‘‘(A)(i) irrespective of whether the indi- warrant assistance under title V of this Act, by Tribal Health Programs or Urban Indian vidual lives on or near a reservation, is a as determined by the Secretary. Organizations. member of a tribe, band, or other organized ‘‘(27) The term ‘Urban Indian’ means any ‘‘(2) AMOUNT OF GRANTS; PAYMENT.—The group of Indians, including those tribes, individual who resides in an Urban Center amount of a grant under this section shall be bands, or groups terminated since 1940 and and who meets 1 or more of the following cri- determined by the Secretary. Payments pur- those recognized now or in the future by the teria: suant to this section may be made in ad- State in which they reside; or ‘‘(A) Irrespective of whether the individual vance or by way of reimbursement, and at ‘‘(ii) is a descendant, in the first or second lives on or near a reservation, the individual such intervals and on such conditions as pro- degree, of any such member; is a member of a tribe, band, or other orga- vided for in regulations issued pursuant to ‘‘(B) is an Eskimo or Aleut or other Alaska nized group of Indians, including those this Act. To the extent not otherwise prohib- Native; tribes, bands, or groups terminated since 1940 ited by law, grants shall be for 3 years, as ‘‘(C) is considered by the Secretary of the and those tribes, bands, or groups that are provided in regulations issued pursuant to Interior to be an Indian for any purpose; or recognized by the States in which they re- this Act.

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00105 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11752 CONGRESSIONAL RECORD — SENATE December 8, 2006 ‘‘SEC. 103. HEALTH PROFESSIONS PREPARATORY retary, in accordance with guidelines pro- a contract entered into with the Secretary SCHOLARSHIP PROGRAM FOR INDI- mulgated by the Secretary, such practice is under this section on or after the date of en- ANS. situated in a physician or other health pro- actment of the Indian Health Care Improve- ‘‘(a) SCHOLARSHIPS AUTHORIZED.—The Sec- fessional shortage area and addresses the ment Act Amendments of 2006 if that indi- retary, acting through the Service, shall pro- health care needs of a substantial number of vidual— vide scholarship grants to Indians who— Indians. ‘‘(A) fails to maintain an acceptable level ‘‘(1) have successfully completed their high ‘‘(D) In a teaching capacity in a tribal col- of academic standing in the educational in- school education or high school equivalency; lege or university nursing program (or a restitution in which he or she is enrolled (such and lated health profession program) if, as deter- level determined by the educational institu- ‘‘(2) have demonstrated the potential to mined by the Secretary, the health service tion under regulations of the Secretary); successfully complete courses of study in the provided to Indians would not decrease. ‘‘(B) is dismissed from such educational in- health professions. ‘‘(2) OBLIGATION DEFERRED.—At the request stitution for disciplinary reasons; ‘‘(b) PURPOSES.—Scholarship grants proof any individual who has entered into a con- ‘‘(C) voluntarily terminates the training in vided pursuant to this section shall be for tract referred to in paragraph (1) and who re- such an educational institution for which he the following purposes: ceives a degree in medicine (including osteo- or she is provided a scholarship under such ‘‘(1) Compensatory preprofessional edu- pathic or allopathic medicine), dentistry, op- contract before the completion of such train- cation of any recipient, such scholarship not tometry, podiatry, or pharmacy, the Sec- ing; or to exceed 2 years on a full-time basis (or the retary shall defer the active duty service ob- ‘‘(D) fails to accept payment, or instructs part-time equivalent thereof, as determined ligation of that individual under that con- the educational institution in which he or by the Secretary pursuant to regulations tract, in order that such individual may she is enrolled not to accept payment, in issued under this Act). complete any internship, residency, or other whole or in part, of a scholarship under such ‘‘(2) Pregraduate education of any recipi- advanced clinical training that is required contract, in lieu of any service obligation ent leading to a baccalaureate degree in an for the practice of that health profession, for arising under such contract. approved course of study preparatory to a an appropriate period (in years, as deter- ‘‘(2) OTHER BREACHES.—If for any reason field of study in a health profession, such mined by the Secretary), subject to the fol- not specified in paragraph (1) an individual scholarship not to exceed 4 years. An exten- lowing conditions: breaches a written contract by failing either sion of up to 2 years (or the part-time equiv- ‘‘(A) No period of internship, residency, or to begin such individual’s service obligation alent thereof, as determined by the Sec- other advanced clinical training shall be required under such contract or to complete retary pursuant to regulations issued pursu- counted as satisfying any period of obligated such service obligation, the United States ant to this Act) may be approved. service under this subsection. shall be entitled to recover from the indi- ‘‘(c) OTHER CONDITIONS.—Scholarships under this section— ‘‘(B) The active duty service obligation of vidual an amount determined in accordance ‘‘(1) may cover costs of tuition, books, that individual shall commence not later with the formula specified in subsection (l) transportation, board, and other necessary than 90 days after the completion of that ad- of section 110 in the manner provided for in related expenses of a recipient while attend- vanced clinical training (or by a date speci- such subsection. ing school; fied by the Secretary). ‘‘(3) CANCELLATION UPON DEATH OF RECIPI- ‘‘(2) shall not be denied solely on the basis ‘‘(C) The active duty service obligation ENT.—Upon the death of an individual who of the applicant’s scholastic achievement if will be served in the health profession of receives an Indian Health Scholarship, any such applicant has been admitted to, or that individual in a manner consistent with outstanding obligation of that individual for maintained good standing at, an accredited paragraph (1). service or payment that relates to that institution; and ‘‘(D) A recipient of a scholarship under this scholarship shall be canceled. ‘‘(3) shall not be denied solely by reason of section may, at the election of the recipient, ‘‘(4) WAIVERS AND SUSPENSIONS.— such applicant’s eligibility for assistance or meet the active duty service obligation de- ‘‘(A) IN GENERAL.—The Secretary shall pro- benefits under any other Federal program. scribed in paragraph (1) by service in a provide for the partial or total waiver or suspen- gram specified under that paragraph that— sion of any obligation of service or payment ‘‘SEC. 104. INDIAN HEALTH PROFESSIONS SCHOL- ARSHIPS. ‘‘(i) is located on the reservation of the In- of a recipient of an Indian Health Scholar- ‘‘(a) IN GENERAL.— dian Tribe in which the recipient is enrolled; ship if the Secretary determines that— ‘‘(1) AUTHORITY.—The Secretary, acting or ‘‘(i) it is not possible for the recipient to through the Service, shall make scholarship ‘‘(ii) serves the Indian Tribe in which the meet that obligation or make that payment; grants to Indians who are enrolled full or recipient is enrolled. ‘‘(ii) requiring that recipient to meet that part time in accredited schools pursuing ‘‘(3) PRIORITY WHEN MAKING ASSIGNMENTS.— obligation or make that payment would re- courses of study in the health professions. Subject to paragraph (2), the Secretary, in sult in extreme hardship to the recipient; or Such scholarships shall be designated Indian making assignments of Indian Health Schol- ‘‘(iii) the enforcement of the requirement Health Scholarships and shall be made in ac- arship recipients required to meet the active to meet the obligation or make the payment cordance with section 338A of the Public duty service obligation described in para- would be unconscionable. Health Services Act (42 U.S.C. 254l), except as graph (1), shall give priority to assigning in- ‘‘(B) FACTORS FOR CONSIDERATION.—Before provided in subsection (b) of this section. dividuals to service in those programs speci- waiving or suspending an obligation of serv- ‘‘(2) DETERMINATIONS BY SECRETARY.—The fied in paragraph (1) that have a need for ice or payment under subparagraph (A), the Secretary, acting through the Service, shall health professionals to provide health care Secretary shall consult with the affected determine— services as a result of individuals having Area Office, Indian Tribes, Tribal Organiza- ‘‘(A) who shall receive scholarship grants breached contracts entered into under this tions, or Urban Indian Organizations, and under subsection (a); and section. may take into consideration whether the ob- ‘‘(B) the distribution of the scholarships ‘‘(c) PART-TIME STUDENTS.—In the case of ligation may be satisfied in a teaching ca- among health professions on the basis of the an individual receiving a scholarship under pacity at a tribal college or university nurs- relative needs of Indians for additional serv- this section who is enrolled part time in an ing program under subsection (b)(1)(D). ice in the health professions. approved course of study— ‘‘(5) EXTREME HARDSHIP.—Notwithstanding ‘‘(3) CERTAIN DELEGATION NOT ALLOWED.— ‘‘(1) such scholarship shall be for a period any other provision of law, in any case of ex- The administration of this section shall be a of years not to exceed the part-time equiva- treme hardship or for other good cause responsibility of the Director and shall not lent of 4 years, as determined by the Sec- shown, the Secretary may waive, in whole or be delegated in a contract or compact under retary; in part, the right of the United States to re- the Indian Self-Determination and Edu- ‘‘(2) the period of obligated service de- cover funds made available under this sec- cation Assistance Act (25 U.S.C. 450 et seq.). scribed in subsection (b)(1) shall be equal to tion. ‘‘(b) ACTIVE DUTY SERVICE OBLIGATION.— the greater of— ‘‘(6) BANKRUPTCY.—Notwithstanding any ‘‘(1) OBLIGATION MET.—The active duty ‘‘(A) the part-time equivalent of 1 year for other provision of law, with respect to a re- service obligation under a written contract each year for which the individual was pro- cipient of an Indian Health Scholarship, no with the Secretary under this section that vided a scholarship (as determined by the obligation for payment may be released by a an Indian has entered into shall, if that indi- Secretary); or discharge in bankruptcy under title 11, vidual is a recipient of an Indian Health ‘‘(B) 2 years; and United States Code, unless that discharge is Scholarship, be met in full-time practice ‘‘(3) the amount of the monthly stipend granted after the expiration of the 5-year pe- equal to 1 year for each school year for specified in section 338A(g)(1)(B) of the Pub- riod beginning on the initial date on which which the participant receives a scholarship lic Health Service Act (42 U.S.C. 254l(g)(1)(B)) that payment is due, and only if the bank- award under this part, or 2 years, whichever shall be reduced pro rata (as determined by ruptcy court finds that the nondischarge of is greater, by service in 1 or more of the fol- the Secretary) based on the number of hours the obligation would be unconscionable. lowing: such student is enrolled. ‘‘SEC. 105. AMERICAN INDIANS INTO PSY- ‘‘(A) In an Indian Health Program. ‘‘(d) BREACH OF CONTRACT.— CHOLOGY PROGRAM. ‘‘(B) In a program assisted under title V of ‘‘(1) SPECIFIED BREACHES.—An individual ‘‘(a) GRANTS AUTHORIZED.—The Secretary, this Act. shall be liable to the United States for the acting through the Service, shall make ‘‘(C) In the private practice of the applica- amount which has been paid to the indi- grants of not more than $300,000 to each of 9 ble profession if, as determined by the Sec- vidual, or on behalf of the individual, under colleges and universities for the purpose of

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developing and maintaining Indian psy- ceed 5 percent of the amounts available for ‘‘(1) SPECIFIC BREACHES.—An individual chology career recruitment programs as a each fiscal year for Indian Health Scholar- who has entered into a written contract with means of encouraging Indians to enter the ships under section 104. the Secretary and a Tribal Health Program behavioral health field. These programs shall ‘‘(3) APPLICATION.—An application for a under subsection (d) shall be liable to the be located at various locations throughout grant under paragraph (1) shall be in such United States for the Federal share of the the country to maximize their availability form and contain such agreements, assur- amount which has been paid to him or her, to Indian students and new programs shall ances, and information as consistent with or on his or her behalf, under the contract if be established in different locations from this section. that individual— time to time. ‘‘(b) REQUIREMENTS.— ‘‘(A) fails to maintain an acceptable level ‘‘(b) QUENTIN N. BURDICK PROGRAM ‘‘(1) IN GENERAL.—A Tribal Health Program of academic standing in the educational in- GRANT.—The Secretary shall provide a grant receiving a grant under subsection (a) shall stitution in which he or she is enrolled (such authorized under subsection (a) to develop provide scholarships to Indians in accord- level as determined by the educational insti- and maintain a program at the University of ance with the requirements of this section. tution under regulations of the Secretary); North Dakota to be known as the ‘Quentin ‘‘(2) COSTS.—With respect to costs of pro- ‘‘(B) is dismissed from such educational in- N. Burdick American Indians Into Psy- viding any scholarship pursuant to sub- stitution for disciplinary reasons; chology Program’. Such program shall, to section (a)— ‘‘(C) voluntarily terminates the training in the maximum extent feasible, coordinate ‘‘(A) 80 percent of the costs of the scholar- such an educational institution for which he with the Quentin N. Burdick Indian Health ship shall be paid from the funds made avail- or she is provided a scholarship under such Programs authorized under section 117(b), able pursuant to subsection (a)(1) provided to contract before the completion of such train- the Quentin N. Burdick American Indians the Tribal Health Program; and ing; or Into Nursing Program authorized under sec- ‘‘(B) 20 percent of such costs may be paid ‘‘(D) fails to accept payment, or instructs tion 115(e), and existing university research from any other source of funds. the educational institution in which he or and communications networks. ‘‘(c) COURSE OF STUDY.—A Tribal Health she is enrolled not to accept payment, in ‘‘(c) REGULATIONS.—The Secretary shall Program shall provide scholarships under whole or in part, of a scholarship under such issue regulations pursuant to this Act for the this section only to Indians enrolled or ac- competitive awarding of grants provided contract, in lieu of any service obligation cepted for enrollment in a course of study arising under such contract. under this section. (approved by the Secretary) in 1 of the ‘‘(d) CONDITIONS OF GRANT.—Applicants ‘‘(2) OTHER BREACHES.—If for any reason health professions contemplated by this Act. not specified in paragraph (1), an individual under this section shall agree to provide a ‘‘(d) CONTRACT.— breaches a written contract by failing to ei- program which, at a minimum— ‘‘(1) IN GENERAL.—In providing scholarships ther begin such individual’s service obliga- ‘‘(1) provides outreach and recruitment for under subsection (b), the Secretary and the tion required under such contract or to com- health professions to Indian communities in- Tribal Health Program shall enter into a plete such service obligation, the United cluding elementary, secondary, and accred- written contract with each recipient of such States shall be entitled to recover from the ited and accessible community colleges that scholarship. individual an amount determined in accord- will be served by the program; ‘‘(2) REQUIREMENTS.—Such contract shall— ance with the formula specified in subsection ‘‘(2) incorporates a program advisory board ‘‘(A) obligate such recipient to provide (l) of section 110 in the manner provided for comprised of representatives from the tribes service in an Indian Health Program or in such subsection. and communities that will be served by the Urban Indian Organization, in the same ‘‘(3) CANCELLATION UPON DEATH OF RECIPI- program; Service Area where the Tribal Health Pro- ENT.—Upon the death of an individual who ‘‘(3) provides summer enrichment programs gram providing the scholarship is located, receives an Indian Health Scholarship, any to expose Indian students to the various for— fields of psychology through research, clin- outstanding obligation of that individual for ‘‘(i) a number of years for which the schol- ical, and experimental activities; service or payment that relates to that arship is provided (or the part-time equiva- ‘‘(4) provides stipends to undergraduate scholarship shall be canceled. lent thereof, as determined by the Sec- and graduate students to pursue a career in ‘‘(4) INFORMATION.—The Secretary may retary), or for a period of 2 years, whichever psychology; carry out this subsection on the basis of in- period is greater; or ‘‘(5) develops affiliation agreements with formation received from Tribal Health Pro- ‘‘(ii) such greater period of time as the re- tribal colleges and universities, the Service, grams involved or on the basis of informa- cipient and the Tribal Health Program may university affiliated programs, and other ap- tion collected through such other means as agree; propriate accredited and accessible entities the Secretary deems appropriate. ‘‘(B) provide that the amount of the schol- to enhance the education of Indian students; ‘‘(f) RELATION TO SOCIAL SECURITY ACT.— ‘‘(6) to the maximum extent feasible, uses arship— The recipient of a scholarship under this sec- existing university tutoring, counseling, and ‘‘(i) may only be expended for— tion shall agree, in providing health care student support services; and ‘‘(I) tuition expenses, other reasonable edu- pursuant to the requirements herein— ‘‘(7) to the maximum extent feasible, em- cational expenses, and reasonable living ex- ‘‘(1) not to discriminate against an indi- ploys qualified Indians in the program. penses incurred in attendance at the edu- vidual seeking care on the basis of the abil- ‘‘(e) ACTIVE DUTY SERVICE REQUIREMENT.— cational institution; and ity of the individual to pay for such care or The active duty service obligation prescribed ‘‘(II) payment to the recipient of a month- on the basis that payment for such care will under section 338C of the Public Health Serv- ly stipend of not more than the amount au- be made pursuant to a program established ice Act (42 U.S.C. 254m) shall be met by each thorized by section 338(g)(1)(B) of the Public in title XVIII of the Social Security Act or graduate who receives a stipend described in Health Service Act (42 U.S.C. 254m(g)(1)(B)), pursuant to the programs established in title subsection (d)(4) that is funded under this with such amount to be reduced pro rata (as XIX or title XXI of such Act; and section. Such obligation shall be met by determined by the Secretary) based on the ‘‘(2) to accept assignment under section service— number of hours such student is enrolled, 1842(b)(3)(B)(ii) of the Social Security Act for ‘‘(1) in an Indian Health Program; and not to exceed, for any year of attendance all services for which payment may be made ‘‘(2) in a program assisted under title V of for which the scholarship is provided, the under part B of title XVIII of such Act, and this Act; or total amount required for the year for the to enter into an appropriate agreement with ‘‘(3) in the private practice of psychology purposes authorized in this clause; and the State agency that administers the State if, as determined by the Secretary, in accord- ‘‘(ii) may not exceed, for any year of at- plan for medical assistance under title XIX, ance with guidelines promulgated by the tendance for which the scholarship is pro- or the State child health plan under title Secretary, such practice is situated in a phy- vided, the total amount required for the year XXI, of such Act to provide service to indi- sician or other health professional shortage for the purposes authorized in clause (i); viduals entitled to medical assistance or area and addresses the health care needs of a ‘‘(C) require the recipient of such scholar- child health assistance, respectively, under substantial number of Indians. ship to maintain an acceptable level of aca- the plan. ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— demic standing as determined by the edu- ‘‘(g) CONTINUANCE OF FUNDING.—The Sec- There is authorized to be appropriated to cational institution in accordance with regu- retary shall make payments under this sec- carry out this section $2,700,000 for each of lations issued pursuant to this Act; and tion to a Tribal Health Program for any fis- fiscal years 2007 through 2016. ‘‘(D) require the recipient of such scholar- cal year subsequent to the first fiscal year of ‘‘SEC. 106. SCHOLARSHIP PROGRAMS FOR INDIAN ship to meet the educational and licensure such payments unless the Secretary deter- TRIBES. requirements appropriate to each health pro- mines that, for the immediately preceding ‘‘(a) IN GENERAL.— fession. fiscal year, the Tribal Health Program has ‘‘(1) GRANTS AUTHORIZED.—The Secretary, ‘‘(3) SERVICE IN OTHER SERVICE AREAS.—The not complied with the requirements of this acting through the Service, shall make contract may allow the recipient to serve in section. grants to Tribal Health Programs for the another Service Area, provided the Tribal ‘‘SEC. 107. INDIAN HEALTH SERVICE EXTERN purpose of providing scholarships for Indians Health Program and Secretary approve and PROGRAMS. to serve as health professionals in Indian services are not diminished to Indians in the ‘‘(a) EMPLOYMENT PREFERENCE.—Any indi- communities. Service Area where the Tribal Health Pro- vidual who receives a scholarship pursuant ‘‘(2) AMOUNT.—Amounts available under gram providing the scholarship is located. to section 104 or 106 shall be given preference paragraph (1) for any fiscal year shall not ex- ‘‘(e) BREACH OF CONTRACT.— for employment in the Service, or may be

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00107 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11754 CONGRESSIONAL RECORD — SENATE December 8, 2006 employed by a Tribal Health Program or an ‘‘(A) combines education in the theory of advantages of service as a commissioned offi- Urban Indian Organization, or other agencies health care with supervised practical experi- cer in the Regular or Reserve Corps of the of the Department as available, during any ence in the provision of health care; and Public Health Service or a civilian employee nonacademic period of the year. ‘‘(B) provides instruction and practical ex- of the Service to enable the individual to ‘‘(b) NOT COUNTED TOWARD ACTIVE DUTY perience in health promotion and disease make a decision on an informed basis. SERVICE OBLIGATION.—Periods of employ- prevention activities, with appropriate con- ‘‘(2) CLEAR LANGUAGE.—The application ment pursuant to this subsection shall not sideration given to lifestyle factors that form, contract form, and all other informa- be counted in determining fulfillment of the have an impact on Indian health status, such tion furnished by the Secretary under this service obligation incurred as a condition of as alcoholism, family dysfunction, and pov- section shall be written in a manner cal- the scholarship. erty; culated to be understood by the average indi- ‘‘(c) TIMING; LENGTH OF EMPLOYMENT.—Any ‘‘(3) maintain a system which identifies the vidual applying to participate in the Loan individual enrolled in a program, including a needs of community health representatives Repayment Program. high school program, authorized under sec- for continuing education in health care, ‘‘(3) TIMELY AVAILABILITY OF FORMS.—The tion 102(a) may be employed by the Service health promotion, and disease prevention Secretary shall make such application or by a Tribal Health Program or an Urban and develop programs that meet the needs forms, contract forms, and other information Indian Organization during any nonacademic for continuing education; available to individuals desiring to partici- period of the year. Any such employment ‘‘(4) maintain a system that provides close pate in the Loan Repayment Program on a shall not exceed 120 days during any calendar supervision of Community Health Represent- date sufficiently early to ensure that such year. atives; individuals have adequate time to carefully ‘‘(d) NONAPPLICABILITY OF COMPETITIVE ‘‘(5) maintain a system under which the review and evaluate such forms and informa- PERSONNEL SYSTEM.—Any employment pur- work of Community Health Representatives tion. suant to this section shall be made without is reviewed and evaluated; and ‘‘(d) PRIORITIES.— regard to any competitive personnel system ‘‘(6) promote traditional health care prac- ‘‘(1) LIST.—Consistent with subsection (k), or agency personnel limitation and to a posi- tices of the Indian Tribes served consistent the Secretary shall annually— tion which will enable the individual so em- with the Service standards for the provision ‘‘(A) identify the positions in each Indian ployed to receive practical experience in the of health care, health promotion, and disease Health Program or Urban Indian Organiza- health profession in which he or she is en- prevention. tion for which there is a need or a vacancy; gaged in study. Any individual so employed ‘‘SEC. 110. INDIAN HEALTH SERVICE LOAN RE- and ‘‘(B) rank those positions in order of pri- shall receive payment for his or her services PAYMENT PROGRAM. ority. comparable to the salary he or she would re- ‘‘(a) ESTABLISHMENT.—The Secretary, act- ‘‘(2) APPROVALS.—Notwithstanding the pri- ceive if he or she were employed in the coming through the Service, shall establish and ority determined under paragraph (1), the petitive system. Any individual so employed administer a program to be known as the Secretary, in determining which applica- shall not be counted against any employ- Service Loan Repayment Program (herein- tions under the Loan Repayment Program to ment ceiling affecting the Service or the De- after referred to as the ‘Loan Repayment approve (and which contracts to accept), partment. Program’) in order to ensure an adequate supply of trained health professionals nec- shall— ‘‘SEC. 108. CONTINUING EDUCATION ALLOW- essary to maintain accreditation of, and pro- ‘‘(A) give first priority to applications ANCES. vide health care services to Indians through, made by individual Indians; and ‘‘In order to encourage scholarship and sti- Indian Health Programs and Urban Indian ‘‘(B) after making determinations on all pend recipients under sections 104, 105, 106, Organizations. applications submitted by individual Indians and 115 and health professionals, including ‘‘(b) ELIGIBLE INDIVIDUALS.—To be eligible as required under subparagraph (A), give pri- community health representatives and emer- to participate in the Loan Repayment Pro- ority to— gency medical technicians, to join or con- gram, an individual must— ‘‘(i) individuals recruited through the ef- tinue in an Indian Health Program and to ‘‘(1)(A) be enrolled— forts of an Indian Health Program or Urban provide their services in the rural and re- ‘‘(i) in a course of study or program in an Indian Organization; and mote areas where a significant portion of In- accredited educational institution (as deter- ‘‘(ii) other individuals based on the pri- dians reside, the Secretary, acting through mined by the Secretary under section ority rankings under paragraph (1). the Service, may— 338B(b)(1)(c)(i) of the Public Health Service ‘‘(e) RECIPIENT CONTRACTS.— ‘‘(1) provide programs or allowances to Act (42 U.S.C. 254l–1(b)(1)(c)(i))) and be sched- ‘‘(1) CONTRACT REQUIRED.—An individual transition into an Indian Health Program, uled to complete such course of study in the becomes a participant in the Loan Repay- including licensing, board or certification same year such individual applies to partici- ment Program only upon the Secretary and examination assistance, and technical assist- pate in such program; or the individual entering into a written con- ance in fulfilling service obligations under ‘‘(ii) in an approved graduate training pro- tract described in paragraph (2). sections 104, 105, 106, and 115; and gram in a health profession; or ‘‘(2) CONTENTS OF CONTRACT.—The written ‘‘(2) provide programs or allowances to ‘‘(B) have— contract referred to in this section between health professionals employed in an Indian ‘‘(i) a degree in a health profession; and the Secretary and an individual shall con- Health Program to enable them for a period ‘‘(ii) a license to practice a health profes- tain— of time each year prescribed by regulation of sion; ‘‘(A) an agreement under which— the Secretary to take leave of their duty sta- ‘‘(2)(A) be eligible for, or hold, an appoint- ‘‘(i) subject to subparagraph (C), the Sec- tions for professional consultation, management as a commissioned officer in the Reg- retary agrees— ment, leadership, and refresher training ular or Reserve Corps of the Public Health ‘‘(I) to pay loans on behalf of the individual courses. Service; in accordance with the provisions of this sec- ‘‘SEC. 109. COMMUNITY HEALTH REPRESENTA- ‘‘(B) be eligible for selection for civilian tion; and TIVE PROGRAM. service in the Regular or Reserve Corps of ‘‘(II) to accept (subject to the availability ‘‘(a) IN GENERAL.—Under the authority of the Public Health Service; of appropriated funds for carrying out this the Act of November 2, 1921 (25 U.S.C. 13) ‘‘(C) meet the professional standards for section) the individual into the Service or (commonly known as the ‘Snyder Act’), the civil service employment in the Service; or place the individual with a Tribal Health Secretary, acting through the Service, shall ‘‘(D) be employed in an Indian Health Pro- Program or Urban Indian Organization as maintain a Community Health Representa- gram or Urban Indian Organization without provided in clause (ii)(III); and tive Program under which Indian Health a service obligation; and ‘‘(ii) subject to subparagraph (C), the indi- Programs— ‘‘(3) submit to the Secretary an application vidual agrees— ‘‘(1) provide for the training of Indians as for a contract described in subsection (e). ‘‘(I) to accept loan payments on behalf of community health representatives; and ‘‘(c) APPLICATION.— the individual; ‘‘(2) use such community health represent- ‘‘(1) INFORMATION TO BE INCLUDED WITH ‘‘(II) in the case of an individual described atives in the provision of health care, health FORMS.—In disseminating application forms in subsection (b)(1)— promotion, and disease prevention services and contract forms to individuals desiring to ‘‘(aa) to maintain enrollment in a course of to Indian communities. participate in the Loan Repayment Program, study or training described in subsection ‘‘(b) DUTIES.—The Community Health Rep- the Secretary shall include with such forms (b)(1)(A) until the individual completes the resentative Program of the Service, shall— a fair summary of the rights and liabilities course of study or training; and ‘‘(1) provide a high standard of training for of an individual whose application is ap- ‘‘(bb) while enrolled in such course of study community health representatives to ensure proved (and whose contract is accepted) by or training, to maintain an acceptable level that the community health representatives the Secretary, including in the summary a of academic standing (as determined under provide quality health care, health pro- clear explanation of the damages to which regulations of the Secretary by the edu- motion, and disease prevention services to the United States is entitled under sub- cational institution offering such course of the Indian communities served by the Pro- section (l) in the case of the individual’s study or training); and gram; breach of contract. The Secretary shall pro- ‘‘(III) to serve for a time period (herein- ‘‘(2) in order to provide such training, de- vide such individuals with sufficient infor- after in this section referred to as the ‘period velop and maintain a curriculum that— mation regarding the advantages and dis- of obligated service’) equal to 2 years or such

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00108 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11755 longer period as the individual may agree to than the end of the fiscal year in which the States shall be entitled to recover from such serve in the full-time clinical practice of individual completes such year of service. individual an amount to be determined in ac- such individual’s profession in an Indian ‘‘(4) REIMBURSEMENTS FOR TAX LIABILITY.— cordance with the following formula: Health Program or Urban Indian Organiza- For the purpose of providing reimbursements A=3Z(t¥s/t) in which— tion to which the individual may be assigned for tax liability resulting from a payment ‘‘(A) ‘A’ is the amount the United States is by the Secretary; under paragraph (2) on behalf of an indi- entitled to recover; ‘‘(B) a provision permitting the Secretary vidual, the Secretary— ‘‘(B) ‘Z’ is the sum of the amounts paid to extend for such longer additional periods, ‘‘(A) in addition to such payments, may under this section to, or on behalf of, the in- as the individual may agree to, the period of make payments to the individual in an dividual and the interest on such amounts obligated service agreed to by the individual amount equal to not less than 20 percent and which would be payable if, at the time the under subparagraph (A)(ii)(III); not more than 39 percent of the total amount amounts were paid, they were loans bearing ‘‘(C) a provision that any financial obliga- of loan repayments made for the taxable interest at the maximum legal prevailing tion of the United States arising out of a year involved; and rate, as determined by the Secretary of the contract entered into under this section and ‘‘(B) may make such additional payments Treasury; any obligation of the individual which is as the Secretary determines to be appro- ‘‘(C) ‘t’ is the total number of months in conditioned thereon is contingent upon funds priate with respect to such purpose. the individual’s period of obligated service in being appropriated for loan repayments ‘‘(5) PAYMENT SCHEDULE.—The Secretary accordance with subsection (f); and under this section; may enter into an agreement with the holder ‘‘(D) ‘s’ is the number of months of such pe- ‘‘(D) a statement of the damages to which of any loan for which payments are made riod served by such individual in accordance the United States is entitled under sub- under the Loan Repayment Program to es- with this section. section (l) for the individual’s breach of the tablish a schedule for the making of such ‘‘(3) DEDUCTIONS IN MEDICARE PAYMENTS.— contract; and payments. Amounts not paid within such period shall ‘‘(E) such other statements of the rights ‘‘(h) EMPLOYMENT CEILING.—Notwith- be subject to collection through deductions and liabilities of the Secretary and of the in- standing any other provision of law, individ- in Medicare payments pursuant to section dividual, not inconsistent with this section. uals who have entered into written contracts 1892 of the Social Security Act. ‘‘(f) DEADLINE FOR DECISION ON APPLICA- with the Secretary under this section shall ‘‘(4) TIME PERIOD FOR REPAYMENT.—Any TION.—The Secretary shall provide written not be counted against any employment ceil- amount of damages which the United States notice to an individual within 21 days on— ing affecting the Department while those in- is entitled to recover under this subsection ‘‘(1) the Secretary’s approving, under sub- dividuals are undergoing academic training. shall be paid to the United States within the section (e)(1), of the individual’s participa- ‘‘(i) RECRUITMENT.—The Secretary shall 1-year period beginning on the date of the tion in the Loan Repayment Program, in- conduct recruiting programs for the Loan breach or such longer period beginning on Repayment Program and other manpower cluding extensions resulting in an aggregate such date as shall be specified by the Sec- programs of the Service at educational insti- period of obligated service in excess of 4 retary. tutions training health professionals or spe- years; or ‘‘(5) RECOVERY OF DELINQUENCY.— cialists identified in subsection (a). ‘‘(2) the Secretary’s disapproving an indi- ‘‘(A) IN GENERAL.—If damages described in ‘‘(j) APPLICABILITY OF LAW.—Section 214 of paragraph (4) are delinquent for 3 months, vidual’s participation in such Program. the Public Health Service Act (42 U.S.C. 215) the Secretary shall, for the purpose of recov- ‘‘(g) PAYMENTS.— shall not apply to individuals during their ering such damages— ‘‘(1) IN GENERAL.—A loan repayment pro- period of obligated service under the Loan ‘‘(i) use collection agencies contracted vided for an individual under a written con- Repayment Program. with by the Administrator of General Serv- tract under the Loan Repayment Program ‘‘(k) ASSIGNMENT OF INDIVIDUALS.—The shall consist of payment, in accordance with Secretary, in assigning individuals to serve ices; or paragraph (2), on behalf of the individual of in Indian Health Programs or Urban Indian ‘‘(ii) enter into contracts for the recovery the principal, interest, and related expenses Organizations pursuant to contracts entered of such damages with collection agencies se- on government and commercial loans re- into under this section, shall— lected by the Secretary. ceived by the individual regarding the under- ‘‘(1) ensure that the staffing needs of Trib- ‘‘(B) REPORT.—Each contract for recov- graduate or graduate education of the indi- al Health Programs and Urban Indian Orga- ering damages pursuant to this subsection vidual (or both), which loans were made for— nizations receive consideration on an equal shall provide that the contractor will, not ‘‘(A) tuition expenses; basis with programs that are administered less than once each 6 months, submit to the ‘‘(B) all other reasonable educational ex- directly by the Service; and Secretary a status report on the success of penses, including fees, books, and laboratory ‘‘(2) give priority to assigning individuals the contractor in collecting such damages. expenses, incurred by the individual; and to Indian Health Programs and Urban Indian Section 3718 of title 31, United States Code, ‘‘(C) reasonable living expenses as deter- Organizations that have a need for health shall apply to any such contract to the ex- mined by the Secretary. professionals to provide health care services tent not inconsistent with this subsection. ‘‘(2) AMOUNT.—For each year of obligated as a result of individuals having breached ‘‘(m) WAIVER OR SUSPENSION OF OBLIGA- service that an individual contracts to serve contracts entered into under this section. TION.— under subsection (e), the Secretary may pay ‘‘(l) BREACH OF CONTRACT.— ‘‘(1) IN GENERAL.—The Secretary shall by up to $35,000 or an amount equal to the ‘‘(1) SPECIFIC BREACHES.—An individual regulation provide for the partial or total amount specified in section 338B(g)(2)(A) of who has entered into a written contract with waiver or suspension of any obligation of the Public Health Service Act, whichever is the Secretary under this section and has not service or payment by an individual under more, on behalf of the individual for loans received a waiver under subsection (m) shall the Loan Repayment Program whenever described in paragraph (1). In making a de- be liable, in lieu of any service obligation compliance by the individual is impossible or termination of the amount to pay for a year arising under such contract, to the United would involve extreme hardship to the indi- of such service by an individual, the Sec- States for the amount which has been paid vidual and if enforcement of such obligation retary shall consider the extent to which on such individual’s behalf under the con- with respect to any individual would be un- each such determination— tract if that individual— conscionable. ‘‘(A) affects the ability of the Secretary to ‘‘(A) is enrolled in the final year of a ‘‘(2) CANCELED UPON DEATH.—Any obliga- maximize the number of contracts that can course of study and— tion of an individual under the Loan Repay- be provided under the Loan Repayment Pro- ‘‘(i) fails to maintain an acceptable level of ment Program for service or payment of gram from the amounts appropriated for academic standing in the educational insti- damages shall be canceled upon the death of such contracts; tution in which he or she is enrolled (such the individual. ‘‘(B) provides an incentive to serve in In- level determined by the educational institu- ‘‘(3) HARDSHIP WAIVER.—The Secretary may dian Health Programs and Urban Indian Or- tion under regulations of the Secretary); waive, in whole or in part, the rights of the ganizations with the greatest shortages of ‘‘(ii) voluntarily terminates such enroll- United States to recover amounts under this health professionals; and ment; or section in any case of extreme hardship or ‘‘(C) provides an incentive with respect to ‘‘(iii) is dismissed from such educational other good cause shown, as determined by the health professional involved remaining institution before completion of such course the Secretary. in an Indian Health Program or Urban In- of study; or ‘‘(4) BANKRUPTCY.—Any obligation of an indian Organization with such a health profes- ‘‘(B) is enrolled in a graduate training pro- dividual under the Loan Repayment Pro- sional shortage, and continuing to provide gram and fails to complete such training gram for payment of damages may be re- primary health services, after the comple- program. leased by a discharge in bankruptcy under tion of the period of obligated service under ‘‘(2) OTHER BREACHES; FORMULA FOR AMOUNT title 11 of the United States Code only if the Loan Repayment Program. OWED.—If, for any reason not specified in such discharge is granted after the expira- ‘‘(3) TIMING.—Any arrangement made by paragraph (1), an individual breaches his or tion of the 5-year period beginning on the the Secretary for the making of loan repay- her written contract under this section by first date that payment of such damages is ments in accordance with this subsection failing either to begin, or complete, such in- required, and only if the bankruptcy court shall provide that any repayments for a year dividual’s period of obligated service in ac- finds that nondischarge of the obligation of obligated service shall be made no later cordance with subsection (e)(2), the United would be unconscionable.

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‘‘(n) REPORT.—The Secretary shall submit ‘‘SEC. 112. RECRUITMENT ACTIVITIES. ‘‘(1) To recruit individuals for programs to the President, for inclusion in the report ‘‘(a) REIMBURSEMENT FOR TRAVEL.—The which train individuals to be nurses, nurse required to be submitted to Congress under Secretary, acting through the Service, may midwives, or advanced practice nurses. section 801, a report concerning the previous reimburse health professionals seeking posi- ‘‘(2) To provide scholarships to Indians en- fiscal year which sets forth by Service Area tions with Indian Health Programs or Urban rolled in such programs that may pay the the following: Indian Organizations, including individuals tuition charged for such program and other ‘‘(1) A list of the health professional posi- considering entering into a contract under expenses incurred in connection with such tions maintained by Indian Health Programs section 110 and their spouses, for actual and program, including books, fees, room and and Urban Indian Organizations for which re- reasonable expenses incurred in traveling to board, and stipends for living expenses. cruitment or retention is difficult. and from their places of residence to an area ‘‘(3) To provide a program that encourages ‘‘(2) The number of Loan Repayment Pro- in which they may be assigned for the pur- nurses, nurse midwives, and advanced prac- gram applications filed with respect to each pose of evaluating such area with respect to tice nurses to provide, or continue to pro- type of health profession. such assignment. vide, health care services to Indians. ‘‘(3) The number of contracts described in ‘‘(b) RECRUITMENT PERSONNEL.—The Sec- ‘‘(4) To provide a program that increases subsection (e) that are entered into with re- retary, acting through the Service, shall as- the skills of, and provides continuing edu- spect to each health profession. sign 1 individual in each Area Office to be re- cation to, nurses, nurse midwives, and ad- ‘‘(4) The amount of loan payments made sponsible on a full-time basis for recruit- vanced practice nurses. under this section, in total and by health ment activities. ‘‘(5) To provide any program that is de- profession. ‘‘SEC. 113. INDIAN RECRUITMENT AND RETEN- signed to achieve the purpose described in ‘‘(5) The number of scholarships that are TION PROGRAM. subsection (a). provided under sections 104 and 106 with re- ‘‘(a) IN GENERAL.—The Secretary, acting ‘‘(c) APPLICATIONS.—Each application for a spect to each health profession. through the Service, shall fund, on a com- grant under subsection (a) shall include such ‘‘(6) The amount of scholarship grants pro- petitive basis, innovative demonstration information as the Secretary may require to vided under section 104 and 106, in total and projects for a period not to exceed 3 years to establish the connection between the pro- by health profession. enable Tribal Health Programs and Urban gram of the applicant and a health care facil- ‘‘(7) The number of providers of health care Indian Organizations to recruit, place, and ity that primarily serves Indians. that will be needed by Indian Health Pro- retain health professionals to meet their ‘‘(d) PREFERENCES FOR GRANT RECIPI- grams and Urban Indian Organizations, by staffing needs. ENTS.—In providing grants under subsection location and profession, during the 3 fiscal ‘‘(b) ELIGIBLE ENTITIES; APPLICATION.—Any (a), the Secretary shall extend a preference years beginning after the date the report is Tribal Health Program or Urban Indian Or- to the following: filed. ganization may submit an application for ‘‘(1) Programs that provide a preference to ‘‘(8) The measures the Secretary plans to funding of a project pursuant to this section. Indians. take to fill the health professional positions ‘‘SEC. 114. ADVANCED TRAINING AND RESEARCH. ‘‘(2) Programs that train nurse midwives or maintained by Indian Health Programs or ‘‘(a) DEMONSTRATION PROGRAM.—The Sec- advanced practice nurses. Urban Indian Organizations for which re- retary, acting through the Service, shall es- ‘‘(3) Programs that are interdisciplinary. cruitment or retention is difficult. tablish a demonstration project to enable ‘‘(4) Programs that are conducted in co- ‘‘SEC. 111. SCHOLARSHIP AND LOAN REPAYMENT health professionals who have worked in an operation with a program for gifted and tal- RECOVERY FUND. Indian Health Program or Urban Indian Or- ented Indian students. ‘‘(a) ESTABLISHMENT.—There is established ganization for a substantial period of time to ‘‘(5) Programs conducted by tribal colleges in the Treasury of the United States a fund pursue advanced training or research areas and universities. to be known as the Indian Health Scholar- of study for which the Secretary determines ‘‘(e) QUENTIN N. BURDICK PROGRAM ship and Loan Repayment Recovery Fund a need exists. GRANT.—The Secretary shall provide 1 of the (hereafter in this section referred to as the ‘‘(b) SERVICE OBLIGATION.—An individual grants authorized under subsection (a) to es- ‘LRRF’). The LRRF shall consist of such who participates in a program under sub- tablish and maintain a program at the Uni- amounts as may be collected from individ- section (a), where the educational costs are versity of North Dakota to be known as the uals under section 104(d), section 106(e), and borne by the Service, shall incur an obliga- ‘Quentin N. Burdick American Indians Into section 110(l) for breach of contract, such tion to serve in an Indian Health Program or Nursing Program’. Such program shall, to funds as may be appropriated to the LRRF, Urban Indian Organization for a period of ob- the maximum extent feasible, coordinate and interest earned on amounts in the ligated service equal to at least the period of with the Quentin N. Burdick Indian Health LRRF. All amounts collected, appropriated, time during which the individual partici- Programs established under section 117(b) or earned relative to the LRRF shall remain pates in such program. In the event that the and the Quentin N. Burdick American Indi- available until expended. individual fails to complete such obligated ans Into Psychology Program established ‘‘(b) USE OF FUNDS.— service, the individual shall be liable to the under section 105(b). ‘‘(1) BY SECRETARY.—Amounts in the LRRF United States for the period of service re- ‘‘(f) ACTIVE DUTY SERVICE OBLIGATION.— may be expended by the Secretary, acting The active duty service obligation prescribed through the Service, to make payments to maining. In such event, with respect to individuals entering the program after the date under section 338C of the Public Health Serv- an Indian Health Program— ice Act (42 U.S.C. 254m) shall be met by each ‘‘(A) to which a scholarship recipient under of enactment of the Indian Health Care Im- provement Act Amendments of 2006, the individual who receives training or assist- section 104 and 106 or a loan repayment pro- ance described in paragraph (1) or (2) of sub- gram participant under section 110 has been United States shall be entitled to recover from such individual an amount to be deter- section (b) that is funded by a grant provided assigned to meet the obligated service re- under subsection (a). Such obligation shall quirements pursuant to such sections; and mined in accordance with the formula specified in subsection (l) of section 110 in the be met by service— ‘‘(B) that has a need for a health profes- ‘‘(1) in the Service; sional to provide health care services as a re- manner provided for in such subsection. QUAL OPPORTUNITY FOR PARTICIPA- ‘‘(2) in a program of an Indian Tribe or sult of such recipient or participant having ‘‘(c) E TION.—Health professionals from Tribal Tribal Organization conducted under the In- breached the contract entered into under Health Programs and Urban Indian Organiza- dian Self-Determination and Education As- section 104, 106, or section 110. tions shall be given an equal opportunity to sistance Act (25 U.S.C. 450 et seq.) (including ‘‘(2) BY TRIBAL HEALTH PROGRAMS.—A Trib- participate in the program under subsection programs under agreements with the Bureau al Health Program receiving payments pur- of Indian Affairs); suant to paragraph (1) may expend the pay- (a). ‘‘SEC. 115. QUENTIN N. BURDICK AMERICAN INDI- ‘‘(3) in a program assisted under title V of ments to provide scholarships or recruit and this Act; employ, directly or by contract, health pro- ANS INTO NURSING PROGRAM. ‘‘(a) GRANTS AUTHORIZED.—For the purpose ‘‘(4) in the private practice of nursing if, as fessionals to provide health care services. determined by the Secretary, in accordance ‘‘(c) INVESTMENT OF FUNDS.—The Secretary of increasing the number of nurses, nurse with guidelines promulgated by the Sec- of the Treasury shall invest such amounts of midwives, and nurse practitioners who de- retary, such practice is situated in a physi- the LRRF as the Secretary of Health and liver health care services to Indians, the Sec- cian or other health shortage area and ad- Human Services determines are not required retary, acting through the Service, shall pro- dresses the health care needs of a substantial to meet current withdrawals from the LRRF. vide grants to the following: Such investments may be made only in in- ‘‘(1) Public or private schools of nursing. number of Indians; or terest bearing obligations of the United ‘‘(2) Tribal colleges or universities. ‘‘(5) in a teaching capacity in a tribal col- States. For such purpose, such obligations ‘‘(3) Nurse midwife programs and advanced lege or university nursing program (or a re- may be acquired on original issue at the practice nurse programs that are provided by lated health profession program) if, as deter- issue price, or by purchase of outstanding ob- any tribal college or university accredited mined by the Secretary, health services pro- ligations at the market price. nursing program, or in the absence of such, vided to Indians would not decrease. ‘‘(d) SALE OF OBLIGATIONS.—Any obligation any other public or private institutions. ‘‘SEC. 116. TRIBAL CULTURAL ORIENTATION. acquired by the LRRF may be sold by the ‘‘(b) USE OF GRANTS.—Grants provided ‘‘(a) CULTURAL EDUCATION OF EMPLOYEES.— Secretary of the Treasury at the market under subsection (a) may be used for 1 or The Secretary, acting through the Service, price. more of the following: shall require that appropriate employees of

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the Service who serve Indian Tribes in each ‘‘(b) GRANTS FOR MAINTENANCE AND RE- ‘‘(i) any Federal scholarship program; or Service Area receive educational instruction CRUITING.— ‘‘(ii) any Federal education loan repay- in the history and culture of such Indian ‘‘(1) IN GENERAL.—The Secretary, acting ment program; and Tribes and their relationship to the Service. through the Service, shall award grants to ‘‘(4) enters into an agreement with an In- ‘‘(b) PROGRAM.—In carrying out subsection accredited and accessible community col- dian Health Program or Urban Indian Orga- (a), the Secretary shall establish a program leges that have established a program de- nization for continued employment for a pe- which shall, to the extent feasible— scribed in subsection (a)(1) for the purpose of riod of not less than 1 year. ‘‘(1) be developed in consultation with the maintaining the program and recruiting stu- ‘‘(b) RATES.—The Secretary may establish affected Indian Tribes, Tribal Organizations, dents for the program. rates for the retention bonus which shall and Urban Indian Organizations; ‘‘(2) REQUIREMENTS.—Grants may only be provide for a higher annual rate for ‘‘(2) be carried out through tribal colleges made under this section to a community col- multiyear agreements than for single year or universities; lege which— agreements referred to in subsection (a)(4), ‘‘(3) include instruction in American In- ‘‘(A) is accredited; but in no event shall the annual rate be more dian studies; and ‘‘(B) has a relationship with a hospital fa- than $25,000 per annum. ‘‘(4) describe the use and place of tradi- cility, Service facility, or hospital that could ‘‘(c) DEFAULT OF RETENTION AGREEMENT.— tional health care practices of the Indian provide training of nurses or health profes- Any health professional failing to complete Tribes in the Service Area. sionals; the agreed upon term of service, except ‘‘SEC. 117. INMED PROGRAM. ‘‘(C) has entered into an agreement with an where such failure is through no fault of the ‘‘(a) GRANTS AUTHORIZED.—The Secretary, accredited college or university medical individual, shall be obligated to refund to acting through the Service, is authorized to school, the terms of which— the Government the full amount of the re- provide grants to colleges and universities ‘‘(i) provide a program that enhances the tention bonus for the period covered by the for the purpose of maintaining and expand- transition and recruitment of students into agreement, plus interest as determined by ing the Indian health careers recruitment advanced baccalaureate or graduate pro- the Secretary in accordance with section program known as the ‘Indians Into Medi- grams that train health professionals; and 110(l)(2)(B). cine Program’ (hereinafter in this section re- ‘‘(ii) stipulate certifications necessary to ‘‘(d) OTHER RETENTION BONUS.—The Sec- ferred to as ‘INMED’) as a means of encour- approve internship and field placement op- retary may pay a retention bonus to any aging Indians to enter the health profes- portunities at Indian Health Programs; health professional employed by a Tribal sions. ‘‘(D) has a qualified staff which has the ap- Health Program if such health professional ‘‘(b) QUENTIN N. BURDICK GRANT.—The Sec- propriate certifications; is serving in a position which the Secretary retary shall provide 1 of the grants author- ‘‘(E) is capable of obtaining State or re- determines is— ized under subsection (a) to maintain the gional accreditation of the program de- ‘‘(1) a position for which recruitment or re- INMED program at the University of North scribed in subsection (a)(1); and tention is difficult; and Dakota, to be known as the ‘Quentin N. Bur- ‘‘(F) agrees to provide for Indian preference ‘‘(2) necessary for providing health care dick Indian Health Programs’, unless the for applicants for programs under this sec- services to Indians. Secretary makes a determination, based tion. ‘‘SEC. 120. NURSING RESIDENCY PROGRAM. upon program reviews, that the program is ‘‘(c) TECHNICAL ASSISTANCE.—The Sec- ‘‘(a) ESTABLISHMENT OF PROGRAM.—The not meeting the purposes of this section. retary shall encourage community colleges Secretary, acting through the Service, shall Such program shall, to the maximum extent described in subsection (b)(2) to establish establish a program to enable Indians who feasible, coordinate with the Quentin N. Bur- and maintain programs described in sub- are licensed practical nurses, licensed voca- dick American Indians Into Psychology Pro- section (a)(1) by— tional nurses, and registered nurses who are gram established under section 105(b) and the ‘‘(1) entering into agreements with such working in an Indian Health Program or Quentin N. Burdick American Indians Into colleges for the provision of qualified per- Urban Indian Organization, and have done so Nursing Program established under section sonnel of the Service to teach courses of for a period of not less than 1 year, to pursue 115. study in such programs; and advanced training. Such program shall in- ‘‘(c) REGULATIONS.—The Secretary, pursu- ‘‘(2) providing technical assistance and clude a combination of education and work ant to this Act, shall develop regulations to support to such colleges. study in an Indian Health Program or Urban govern grants pursuant to this section. ‘‘(d) ADVANCED TRAINING.— Indian Organization leading to an associate ‘‘(d) REQUIREMENTS.—Applicants for grants ‘‘(1) REQUIRED.—Any program receiving as- or bachelor’s degree (in the case of a licensed provided under this section shall agree to sistance under this section that is conducted practical nurse or licensed vocational nurse), provide a program which— with respect to a health profession shall also a bachelor’s degree (in the case of a reg- ‘‘(1) provides outreach and recruitment for offer courses of study which provide ad- istered nurse), or advanced degrees or certifi- health professions to Indian communities in- vanced training for any health professional cations in nursing and public health. cluding elementary and secondary schools who— ‘‘(b) SERVICE OBLIGATION.—An individual and community colleges located on reserva- ‘‘(A) has already received a degree or di- who participates in a program under sub- tions which will be served by the program; ploma in such health profession; and section (a), where the educational costs are ‘‘(2) incorporates a program advisory board ‘‘(B) provides clinical services on or near a paid by the Service, shall incur an obligation comprised of representatives from the Indian reservation or for an Indian Health Program. to serve in an Indian Health Program or Tribes and Indian communities which will be ‘‘(2) MAY BE OFFERED AT ALTERNATE SITE.— Urban Indian Organization for a period of observed by the program; Such courses of study may be offered in con- ligated service equal to 1 year for every year ‘‘(3) provides summer preparatory pro- junction with the college or university with that nonprofessional employee (licensed grams for Indian students who need enrich- which the community college has entered practical nurses, licensed vocational nurses, ment in the subjects of math and science in into the agreement required under sub- nursing assistants, and various health care order to pursue training in the health profes- section (b)(2)(C). technicals), or 2 years for every year that sions; ‘‘(e) PRIORITY.—Where the requirements of professional nurse (associate degree and ‘‘(4) provides tutoring, counseling, and sup- subsection (b) are met, grant award priority bachelor-prepared registered nurses), partici- port to students who are enrolled in a health shall be provided to tribal colleges and uni- pates in such program. In the event that the career program of study at the respective versities in Service Areas where they exist. individual fails to complete such obligated college or university; and ‘‘SEC. 119. RETENTION BONUS. service, the United States shall be entitled ‘‘(5) to the maximum extent feasible, em- ‘‘(a) BONUS AUTHORIZED.—The Secretary to recover from such individual an amount ploys qualified Indians in the program. may pay a retention bonus to any health determined in accordance with the formula ‘‘SEC. 118. HEALTH TRAINING PROGRAMS OF professional employed by, or assigned to, and specified in subsection (l) of section 110 in COMMUNITY COLLEGES. serving in, an Indian Health Program or the manner provided for in such subsection. ‘‘(a) GRANTS TO ESTABLISH PROGRAMS.— Urban Indian Organization either as a civil- ‘‘SEC. 121. COMMUNITY HEALTH AIDE PROGRAM. ‘‘(1) IN GENERAL.—The Secretary, acting ian employee or as a commissioned officer in ‘‘(a) GENERAL PURPOSES OF PROGRAM.— through the Service, shall award grants to the Regular or Reserve Corps of the Public Under the authority of the Act of November accredited and accessible community col- Health Service who— 2, 1921 (25 U.S.C. 13) (commonly known as the leges for the purpose of assisting such com- ‘‘(1) is assigned to, and serving in, a posi- ‘Snyder Act’), the Secretary, acting through munity colleges in the establishment of pro- tion for which recruitment or retention of the Service, shall develop and operate a grams which provide education in a health personnel is difficult; Community Health Aide Program in Alaska profession leading to a degree or diploma in ‘‘(2) the Secretary determines is needed by under which the Service— a health profession for individuals who desire Indian Health Programs and Urban Indian ‘‘(1) provides for the training of Alaska Na- to practice such profession on or near a res- Organizations; tives as health aides or community health ervation or in an Indian Health Program. ‘‘(3) has— practitioners; ‘‘(2) AMOUNT OF GRANTS.—The amount of ‘‘(A) completed 2 years of employment ‘‘(2) uses such aides or practitioners in the any grant awarded to a community college with an Indian Health Program or Urban In- provision of health care, health promotion, under paragraph (1) for the first year in dian Organization; or and disease prevention services to Alaska which such a grant is provided to the com- ‘‘(B) completed any service obligations in- Natives living in villages in rural Alaska; munity college shall not exceed $250,000. curred as a requirement of— and

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‘‘(3) provides for the establishment of tele- ‘‘(B) PARAMETERS OF STUDY.—The Sec- ‘‘(1) remove a member of the National conferencing capacity in health clinics lo- retary, in consultation with interested par- Health Service Corps from an Indian Health cated in or near such villages for use by com- ties, including professional dental organiza- Program or Urban Indian Organization; or munity health aides or community health tions, shall develop the parameters of the ‘‘(2) withdraw funding used to support such practitioners. study. member, unless the Secretary, acting ‘‘(b) SPECIFIC PROGRAM REQUIREMENTS.— ‘‘(C) INCLUSIONS.—The study shall include a through the Service, has ensured that the In- The Secretary, acting through the Commu- determination by the neutral panel with re- dians receiving services from such member nity Health Aide Program of the Service, spect to— will experience no reduction in services. shall— ‘‘(i) the ability of the dental health aide ‘‘SEC. 125. SUBSTANCE ABUSE COUNSELOR EDU- ‘‘(1) using trainers accredited by the Pro- therapist services under this section to ad- CATIONAL CURRICULA DEMONSTRA- gram, provide a high standard of training to dress the dental care needs of Alaska Na- TION PROGRAMS. community health aides and community tives; ‘‘(a) CONTRACTS AND GRANTS.—The Sec- health practitioners to ensure that such ‘‘(ii) the quality of care provided through retary, acting through the Service, may aides and practitioners provide quality those services, including any training, im- enter into contracts with, or make grants to, health care, health promotion, and disease provement, or additional oversight required accredited tribal colleges and universities prevention services to the villages served by to improve the quality of care; and and eligible accredited and accessible com- the Program; ‘‘(iii) whether safer and less costly alter- munity colleges to establish demonstration ‘‘(2) in order to provide such training, de- natives to the dental health aide therapist programs to develop educational curricula velop a curriculum that— services exist. for substance abuse counseling. ‘‘(b) USE OF FUNDS.—Funds provided under ‘‘(A) combines education in the theory of ‘‘(D) CONSULTATION.—In carrying out the health care with supervised practical experi- study under this paragraph, the neutral this section shall be used only for developing ence in the provision of health care; panel shall consult with Alaska Tribal Orga- and providing educational curriculum for ‘‘(B) provides instruction and practical ex- nizations with respect to the adequacy and substance abuse counseling (including paying salaries for instructors). Such curricula perience in the provision of acute care, emer- accuracy of the study. gency care, health promotion, disease pre- may be provided through satellite campus ‘‘(3) REPORT.—The neutral panel shall sub- programs. vention, and the efficient and effective man- mit to the Secretary, the Committee on In- agement of clinic pharmacies, supplies, ‘‘(c) TIME PERIOD OF ASSISTANCE; RE- dian Affairs of the Senate, and the Com- equipment, and facilities; and NEWAL.—A contract entered into or a grant mittee on Resources of the House of Rep- ‘‘(C) promotes the achievement of the provided under this section shall be for a pe- resentatives a report describing the results health status objectives specified in section riod of 3 years. Such contract or grant may of the study under paragraph (2), including a 3(2); be renewed for an additional 2-year period description of— ‘‘(3) establish and maintain a Community upon the approval of the Secretary. ‘‘(A) any determination of the neutral Health Aide Certification Board to certify as ‘‘(d) CRITERIA FOR REVIEW AND APPROVAL panel under paragraph (2)(C); and community health aides or community OF APPLICATIONS.—Not later than 180 days ‘‘(B) any comments received from an Alas- health practitioners individuals who have after the date of enactment of the Indian ka Tribal Organization under paragraph successfully completed the training de- Health Care Improvement Act Amendments scribed in paragraph (1) or can demonstrate (2)(D). of 2006, the Secretary, after consultation ‘‘(d) NATIONALIZATION OF PROGRAM.— equivalent experience; with Indian Tribes and administrators of ‘‘(1) IN GENERAL.—Except as provided in ‘‘(4) develop and maintain a system which tribal colleges and universities and eligible paragraph (2), the Secretary, acting through identifies the needs of community health accredited and accessible community col- the Service, may establish a national Com- aides and community health practitioners leges, shall develop and issue criteria for the munity Health Aide Program in accordance for continuing education in the provision of review and approval of applications for fund- with the program under this section, as the health care, including the areas described in ing (including applications for renewals of Secretary determines to be appropriate. paragraph (2)(B), and develop programs that funding) under this section. Such criteria ‘‘(2) EXCEPTION.—The national Community meet the needs for such continuing edu- shall ensure that demonstration programs Health Aide Program under paragraph (1) cation; established under this section promote the shall not include dental health aide therapist ‘‘(5) develop and maintain a system that development of the capacity of such entities services. provides close supervision of community to educate substance abuse counselors. ‘‘(3) REQUIREMENT.—In establishing a na- health aides and community health practi- ‘‘(e) ASSISTANCE.—The Secretary shall pro- tional program under paragraph (1), the Sec- tioners; vide such technical and other assistance as retary shall not reduce the amount of funds ‘‘(6) develop a system under which the may be necessary to enable grant recipients provided for the Community Health Aide work of community health aides and commu- to comply with the provisions of this sec- Program described in subsections (a) and (b). nity health practitioners is reviewed and tion. ‘‘(f) REPORT.—Each fiscal year, the Sec- evaluated to assure the provision of quality ‘‘SEC. 122. TRIBAL HEALTH PROGRAM ADMINIS- TRATION. retary shall submit to the President, for in- health care, health promotion, and disease ‘‘The Secretary, acting through the Serv- clusion in the report which is required to be prevention services; and ice, shall, by contract or otherwise, provide submitted under section 801 for that fiscal ‘‘(7) ensure that pulpal therapy (not includ- training for Indians in the administration year, a report on the findings and conclu- ing pulpotomies on deciduous teeth) or ex- and planning of Tribal Health Programs. sions derived from the demonstration pro- traction of adult teeth can be performed by ‘‘SEC. 123. HEALTH PROFESSIONAL CHRONIC grams conducted under this section during a dental health aide therapist only after con- SHORTAGE DEMONSTRATION PRO- that fiscal year. sultation with a licensed dentist who deter- GRAMS. ‘‘(g) DEFINITION.—For the purposes of this mines that the procedure is a medical emer- ‘‘(a) DEMONSTRATION PROGRAMS AUTHOR- section, the term ‘educational curriculum’ gency that cannot be resolved with palliative IZED.—The Secretary, acting through the means 1 or more of the following: treatment, and further that dental health Service, may fund demonstration programs ‘‘(1) Classroom education. aide therapists are strictly prohibited from for Tribal Health Programs to address the ‘‘(2) Clinical work experience. performing all other oral or jaw surgeries, chronic shortages of health professionals. ‘‘(3) Continuing education workshops. provided that uncomplicated extractions ‘‘(b) PURPOSES OF PROGRAMS.—The pur- ‘‘SEC. 126. BEHAVIORAL HEALTH TRAINING AND shall not be considered oral surgery under poses of demonstration programs funded COMMUNITY EDUCATION PRO- this section. under subsection (a) shall be— GRAMS. ‘‘(c) PROGRAM REVIEW.— ‘‘(1) to provide direct clinical and practical ‘‘(a) STUDY; LIST.—The Secretary, acting ‘‘(1) NEUTRAL PANEL.— experience at a Service Unit to health pro- through the Service, and the Secretary of ‘‘(A) ESTABLISHMENT.—The Secretary, act- fession students and residents from medical the Interior, in consultation with Indian ing through the Service, shall establish a schools; Tribes and Tribal Organizations, shall con- neutral panel to carry out the study under ‘‘(2) to improve the quality of health care duct a study and compile a list of the types paragraph (2). for Indians by assuring access to qualified of staff positions specified in subsection (b) ‘‘(B) MEMBERSHIP.—Members of the neutral health care professionals; and whose qualifications include, or should in- panel shall be appointed by the Secretary ‘‘(3) to provide academic and scholarly op- clude, training in the identification, preven- from among clinicians, economists, commu- portunities for health professionals serving tion, education, referral, or treatment of nity practitioners, oral epidemiologists, and Indians by identifying all academic and mental illness, or dysfunctional and self de- Alaska Natives. scholarly resources of the region. structive behavior. ‘‘(2) STUDY.— ‘‘(c) ADVISORY BOARD.—The demonstration ‘‘(b) POSITIONS.—The positions referred to ‘‘(A) IN GENERAL.—The neutral panel estab- programs established pursuant to subsection in subsection (a) are— lished under paragraph (1) shall conduct a (a) shall incorporate a program advisory ‘‘(1) staff positions within the Bureau of In- study of the dental health aide therapist board composed of representatives from the dian Affairs, including existing positions, in services provided by the Community Health Indian Tribes and Indian communities in the the fields of— Aide Program under this section to ensure area which will be served by the program. ‘‘(A) elementary and secondary education; that the quality of care provided through ‘‘SEC. 124. NATIONAL HEALTH SERVICE CORPS. ‘‘(B) social services and family and child those services is adequate and appropriate. ‘‘The Secretary shall not— welfare;

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00112 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11759 ‘‘(C) law enforcement and judicial services; ‘‘(3) meeting the health needs of Indians in grams, private insurance, and programs of and an efficient and equitable manner, including State or local governments. ‘‘(D) alcohol and substance abuse; the use of telehealth and telemedicine when ‘‘(3) PROCESS FOR REVIEW OF DETERMINA- ‘‘(2) staff positions within the Service; and appropriate; TIONS.—The Secretary shall establish proce- ‘‘(3) staff positions similar to those identi- ‘‘(4) eliminating inequities in funding for dures which allow any Indian Tribe or Tribal fied in paragraphs (1) and (2) established and both direct care and contract health service Organization to petition the Secretary for a maintained by Indian Tribes, Tribal Organi- programs; and review of any determination of the extent of zations (without regard to the funding ‘‘(5) augmenting the ability of the Service the health status and resource deficiency of source), and Urban Indian Organizations. to meet the following health service respon- such Indian Tribe or Tribal Organization. ‘‘(c) TRAINING CRITERIA.— sibilities with respect to those Indian Tribes ‘‘(e) ELIGIBILITY FOR FUNDS.—Tribal Health ‘‘(1) IN GENERAL.—The appropriate Sec- with the highest levels of health status defi- Programs shall be eligible for funds appro- retary shall provide training criteria appro- ciencies and resource deficiencies: priated under the authority of this section priate to each type of position identified in ‘‘(A) Clinical care, including inpatient on an equal basis with programs that are ad- subsection (b)(1) and (b)(2) and ensure that care, outpatient care (including audiology, ministered directly by the Service. appropriate training has been, or shall be clinical eye, and vision care), primary care, ‘‘(f) REPORT.—By no later than the date provided to any individual in any such posi- secondary and tertiary care, and long-term that is 3 years after the date of enactment of tion. With respect to any such individual in care. the Indian Health Care Improvement Act a position identified pursuant to subsection ‘‘(B) Preventive health, including mam- Amendments of 2006, the Secretary shall sub- (b)(3), the respective Secretaries shall pro- mography and other cancer screening in ac- mit to Congress the current health status vide appropriate training to, or provide funds cordance with section 207. and resource deficiency report of the Service for each Service Unit, including newly recog- to, an Indian Tribe, Tribal Organization, or ‘‘(C) Dental care. nized or acknowledged Indian Tribes. Such Urban Indian Organization for training of ap- ‘‘(D) Mental health, including community report shall set out— propriate individuals. In the case of positions mental health services, inpatient mental ‘‘(1) the methodology then in use by the funded under a contract or compact under health services, dormitory mental health Service for determining Tribal health status the Indian Self-Determination and Edu- services, therapeutic and residential treat- and resource deficiencies, as well as the most cation Assistance Act (25 U.S.C. 450 et seq.), ment centers, and training of traditional recent application of that methodology; the appropriate Secretary shall ensure that health care practitioners. ‘‘(2) the extent of the health status and re- such training costs are included in the con- ‘‘(E) Emergency medical services. source deficiency of each Indian Tribe served tract or compact, as the Secretary deter- ‘‘(F) Treatment and control of, and reha- by the Service or a Tribal Health Program; mines necessary. bilitative care related to, alcoholism and ‘‘(3) the amount of funds necessary to ‘‘(2) POSITION SPECIFIC TRAINING CRITERIA.— drug abuse (including fetal alcohol syn- eliminate the health status and resource de- Position specific training criteria shall be drome) among Indians. ficiencies of all Indian Tribes served by the culturally relevant to Indians and Indian ‘‘(G) Injury prevention programs. Service or a Tribal Health Program; and Tribes and shall ensure that appropriate in- ‘‘(H) Home health care. ‘‘(4) an estimate of— formation regarding traditional health care ‘‘(I) Community health representatives. ‘‘(A) the amount of health service funds ap- practices is provided. ‘‘(J) Maintenance and improvement. propriated under the authority of this Act, ‘‘(d) COMMUNITY EDUCATION ON MENTAL ILL- ‘‘(b) NO OFFSET OR LIMITATION.—Any funds or any other Act, including the amount of NESS.—The Service shall develop and imple- appropriated under the authority of this sec- ment, on request of an Indian Tribe, Tribal tion shall not be used to offset or limit any any funds transferred to the Service for the Organization, or Urban Indian Organization, other appropriations made to the Service preceding fiscal year which is allocated to or assist the Indian Tribe, Tribal Organiza- under this Act or the Act of November 2, 1921 each Service Unit, Indian Tribe, or Tribal tion, or Urban Indian Organization to de- (25 U.S.C. 13) (commonly known as the ‘Sny- Organization; velop and implement, a program of commu- der Act’), or any other provision of law. ‘‘(B) the number of Indians eligible for nity education on mental illness. In carrying ‘‘(c) ALLOCATION; USE.— health services in each Service Unit or In- out this subsection, the Service shall, upon ‘‘(1) IN GENERAL.—Funds appropriated dian Tribe or Tribal Organization; and request of an Indian Tribe, Tribal Organiza- under the authority of this section shall be ‘‘(C) the number of Indians using the Serv- tion, or Urban Indian Organization, provide allocated to Service Units, Indian Tribes, or ice resources made available to each Service technical assistance to the Indian Tribe, Tribal Organizations. The funds allocated to Unit, Indian Tribe or Tribal Organization, Tribal Organization, or Urban Indian Organi- each Indian Tribe, Tribal Organization, or and, to the extent available, information on zation to obtain and develop community edu- Service Unit under this paragraph shall be the waiting lists and number of Indians cational materials on the identification, pre- used by the Indian Tribe, Tribal Organiza- turned away for services due to lack of re- vention, referral, and treatment of mental tion, or Service Unit under this paragraph to sources. illness and dysfunctional and self-destruc- improve the health status and reduce the re- ‘‘(g) INCLUSION IN BASE BUDGET.—Funds ap- tive behavior. source deficiency of each Indian Tribe served propriated under this section for any fiscal ‘‘(e) PLAN.—Not later than 90 days after by such Service Unit, Indian Tribe, or Tribal year shall be included in the base budget of the date of enactment of the Indian Health Organization. the Service for the purpose of determining Care Improvement Act Amendments of 2006, ‘‘(2) APPORTIONMENT OF ALLOCATED appropriations under this section in subse- the Secretary shall develop a plan under FUNDS.—The apportionment of funds allo- quent fiscal years. which the Service will increase the health cated to a Service Unit, Indian Tribe, or ‘‘(h) CLARIFICATION.—Nothing in this sec- care staff providing behavioral health serv- Tribal Organization under paragraph (1) tion is intended to diminish the primary re- ices by at least 500 positions within 5 years among the health service responsibilities de- sponsibility of the Service to eliminate existing backlogs in unmet health care needs, after the date of enactment of this section, scribed in subsection (a)(5) shall be deter- nor are the provisions of this section in- with at least 200 of such positions devoted to mined by the Service in consultation with, tended to discourage the Service from under- child, adolescent, and family services. The and with the active participation of, the af- taking additional efforts to achieve equity plan developed under this subsection shall be fected Indian Tribes and Tribal Organiza- implemented under the Act of November 2, among Indian Tribes and Tribal Organiza- tions. tions. 1921 (25 U.S.C. 13) (commonly known as the ‘‘(d) PROVISIONS RELATING TO HEALTH STA- ‘Snyder Act’). ‘‘(i) FUNDING DESIGNATION.—Any funds ap- TUS AND RESOURCE DEFICIENCIES.—For the propriated under the authority of this sec- ‘‘SEC. 127. AUTHORIZATION OF APPROPRIATIONS. purposes of this section, the following definition shall be designated as the ‘Indian ‘‘There are authorized to be appropriated tions apply: Health Care Improvement Fund’. such sums as may be necessary for each fis- ‘‘(1) DEFINITION.—The term ‘health status cal year through fiscal year 2016 to carry out ‘‘SEC. 202. CATASTROPHIC HEALTH EMERGENCY and resource deficiency’ means the extent to FUND. this title. which— ‘‘(a) ESTABLISHMENT.—There is established ‘‘TITLE II—HEALTH SERVICES ‘‘(A) the health status objectives set forth an Indian Catastrophic Health Emergency ‘‘SEC. 201. INDIAN HEALTH CARE IMPROVEMENT in section 3(2) are not being achieved; and Fund (hereafter in this section referred to as FUND. ‘‘(B) the Indian Tribe or Tribal Organiza- the ‘CHEF’) consisting of— ‘‘(a) USE OF FUNDS.—The Secretary, acting tion does not have available to it the health ‘‘(1) the amounts deposited under sub- through the Service, is authorized to expend resources it needs, taking into account the section (f); and funds, directly or under the authority of the actual cost of providing health care services ‘‘(2) the amounts appropriated to CHEF Indian Self-Determination and Education given local geographic, climatic, rural, or under this section. Assistance Act (25 U.S.C. 450 et seq.), which other circumstances. ‘‘(b) ADMINISTRATION.—CHEF shall be ad- are appropriated under the authority of this ‘‘(2) AVAILABLE RESOURCES.—The health re- ministered by the Secretary, acting through section, for the purposes of— sources available to an Indian Tribe or Trib- the central office of the Service, solely for ‘‘(1) eliminating the deficiencies in health al Organization include health resources pro- the purpose of meeting the extraordinary status and health resources of all Indian vided by the Service as well as health re- medical costs associated with the treatment Tribes; sources used by the Indian Tribe or Tribal of victims of disasters or catastrophic ill- ‘‘(2) eliminating backlogs in the provision Organization, including services and financ- nesses who are within the responsibility of of health care services to Indians; ing systems provided by any Federal pro- the Service.

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‘‘(c) CONDITIONS ON USE OF FUND.—No part ‘‘(3) the internal capacity of the Service ‘‘(B) CERTAIN ACTIVITIES.—Any activity of CHEF or its administration shall be sub- and Tribal Health Programs to meet such carried out by a diabetes control officer ject to contract or grant under any law, in- needs; and under subparagraph (A) that is the subject of cluding the Indian Self-Determination and ‘‘(4) the resources which would be required a contract or compact under the Indian Self- Education Assistance Act (25 U.S.C. 450 et to enable the Service and Tribal Health Pro- Determination and Education Assistance Act seq.), nor shall CHEF funds be allocated, ap- grams to undertake the health promotion (25 U.S.C. 450 et seq.), and any funds made portioned, or delegated on an Area Office, and disease prevention activities necessary available to carry out such an activity, shall Service Unit, or other similar basis. to meet such needs. not be divisible for purposes of that Act. ‘‘(d) REGULATIONS.—The Secretary shall ‘‘SEC. 204. DIABETES PREVENTION, TREATMENT, ‘‘SEC. 205. SHARED SERVICES FOR LONG-TERM promulgate regulations consistent with the AND CONTROL. CARE. provisions of this section to— ‘‘(a) DETERMINATIONS REGARDING DIABE- ‘‘(a) LONG-TERM CARE.—Notwithstanding ‘‘(1) establish a definition of disasters and TES.—The Secretary, acting through the any other provision of law, the Secretary, catastrophic illnesses for which the cost of Service, and in consultation with Indian acting through the Service, is authorized to the treatment provided under contract would Tribes and Tribal Organizations, shall deter- provide directly, or enter into contracts or qualify for payment from CHEF; mine— compacts under the Indian Self-Determina- ‘‘(2) provide that a Service Unit shall not ‘‘(1) by Indian Tribe and by Service Unit, tion and Education Assistance Act (25 U.S.C. be eligible for reimbursement for the cost of the incidence of, and the types of complica- 450 et seq.) with Indian Tribes or Tribal Or- treatment from CHEF until its cost of treat- tions resulting from, diabetes among Indi- ganizations for, the delivery of long-term ing any victim of such catastrophic illness or ans; and care (including health care services associ- disaster has reached a certain threshold cost ‘‘(2) based on the determinations made pur- ated with long-term care) provided in a facil- which the Secretary shall establish at— suant to paragraph (1), the measures (includ- ity to Indians. Such agreements shall pro- ‘‘(A) the 2000 level of $19,000; and ing patient education and effective ongoing vide for the sharing of staff or other services ‘‘(B) for any subsequent year, not less than monitoring of disease indicators) each Serv- between the Service or a Tribal Health Pro- the threshold cost of the previous year in- ice Unit should take to reduce the incidence gram and a long-term care or related facility creased by the percentage increase in the of, and prevent, treat, and control the com- owned and operated (directly or through a medical care expenditure category of the plications resulting from, diabetes among In- contract or compact under the Indian Self- consumer price index for all urban con- dian Tribes within that Service Unit. Determination and Education Assistance Act sumers (United States city average) for the ‘‘(b) DIABETES SCREENING.—To the extent (25 U.S.C. 450 et seq.)) by such Indian Tribe 12-month period ending with December of the medically indicated and with informed con- or Tribal Organization. previous year; sent, the Secretary shall screen each Indian ‘‘(b) CONTENTS OF AGREEMENTS.—An agree- ‘‘(3) establish a procedure for the reim- who receives services from the Service for di- ment entered into pursuant to subsection abetes and for conditions which indicate a bursement of the portion of the costs that (a)— high risk that the individual will become di- exceeds such threshold cost incurred by— ‘‘(1) may, at the request of the Indian Tribe abetic and establish a cost-effective ap- ‘‘(A) Service Units; or or Tribal Organization, delegate to such In- ‘‘(B) whenever otherwise authorized by the proach to ensure ongoing monitoring of dis- dian Tribe or Tribal Organization such pow- Service, non-Service facilities or providers; ease indicators. Such screening and moni- ers of supervision and control over Service ‘‘(4) establish a procedure for payment toring may be conducted by a Tribal Health employees as the Secretary deems necessary from CHEF in cases in which the exigencies Program and may be conducted through ap- to carry out the purposes of this section; of the medical circumstances warrant treat- propriate Internet-based health care man- ‘‘(2) shall provide that expenses (including ment prior to the authorization of such agement programs. salaries) relating to services that are shared treatment by the Service; and ‘‘(c) DIABETES PROJECTS.—The Secretary between the Service and the Tribal Health ‘‘(5) establish a procedure that will ensure shall continue to maintain each model diabe- Program be allocated proportionately be- that no payment shall be made from CHEF tes project in existence on the date of enact- tween the Service and the Indian Tribe or to any provider of treatment to the extent ment of the Indian Health Care Improvement Tribal Organization; and that such provider is eligible to receive pay- Act Amendments of 2006, any such other dia- ‘‘(3) may authorize such Indian Tribe or ment for the treatment from any other Fed- betes programs operated by the Service or Tribal Organization to construct, renovate, eral, State, local, or private source of reim- Tribal Health Programs, and any additional diabetes projects, such as the Medical Van- or expand a long-term care or other similar bursement for which the patient is eligible. guard program provided for in title IV of facility (including the construction of a fa- ‘‘(e) NO OFFSET OR LIMITATION.—Amounts appropriated to CHEF under this section Public Law 108–87, as implemented to serve cility attached to a Service facility). ‘‘(c) MINIMUM REQUIREMENT.—Any nursing shall not be used to offset or limit appropria- Indian Tribes. Tribal Health Programs shall facility provided for under this section shall tions made to the Service under the author- receive recurring funding for the diabetes ity of the Act of November 2, 1921 (25 U.S.C. projects that they operate pursuant to this meet the requirements for nursing facilities 13) (commonly known as the ‘Snyder Act’), section, both at the date of enactment of the under section 1919 of the Social Security Act. ‘‘(d) OTHER ASSISTANCE.—The Secretary or any other law. Indian Health Care Improvement Act shall provide such technical and other assist- ‘‘(f) DEPOSIT OF REIMBURSEMENT FUNDS.— Amendments of 2006 and for projects which There shall be deposited into CHEF all reim- are added and funded thereafter. ance as may be necessary to enable appli- bursements to which the Service is entitled ‘‘(d) DIALYSIS PROGRAMS.—The Secretary is cants to comply with the provisions of this from any Federal, State, local, or private authorized to provide, through the Service, section. source (including third party insurance) by Indian Tribes, and Tribal Organizations, di- ‘‘(e) USE OF EXISTING OR UNDERUSED FA- reason of treatment rendered to any victim alysis programs, including the purchase of CILITIES.—The Secretary shall encourage the of a disaster or catastrophic illness the cost dialysis equipment and the provision of nec- use of existing facilities that are underused of which was paid from CHEF. essary staffing. or allow the use of swing beds for long-term ‘‘(e) OTHER DUTIES OF THE SECRETARY.— ‘‘SEC. 203. HEALTH PROMOTION AND DISEASE or similar care. ‘‘(1) IN GENERAL.—The Secretary shall, to PREVENTION SERVICES. ‘‘SEC. 206. HEALTH SERVICES RESEARCH. the extent funding is available— ‘‘(a) FINDINGS.—Congress finds that health ‘‘(a) IN GENERAL.—The Secretary, acting promotion and disease prevention activi- ‘‘(A) in each Area Office, consult with In- through the Service, shall make funding ties— dian Tribes and Tribal Organizations regard- available for research to further the per- ‘‘(1) improve the health and well-being of ing programs for the prevention, treatment, formance of the health service responsibil- Indians; and and control of diabetes; ities of Indian Health Programs. ‘‘(2) reduce the expenses for health care of ‘‘(B) establish in each Area Office a reg- ‘‘(b) COORDINATION OF RESOURCES AND AC- istry of patients with diabetes to track the Indians. TIVITIES.—The Secretary shall also, to the ‘‘(b) PROVISION OF SERVICES.—The Sec- incidence of diabetes and the complications maximum extent practicable, coordinate de- retary, acting through the Service and Trib- from diabetes in that area; and partmental research resources and activities al Health Programs, shall provide health ‘‘(C) ensure that data collected in each to address relevant Indian Health Program promotion and disease prevention services to Area Office regarding diabetes and related research needs. Indians to achieve the health status objec- complications among Indians are dissemi- ‘‘(c) AVAILABILITY.—Tribal Health Pro- tives set forth in section 3(2). nated to all other Area Offices, subject to ap- grams shall be given an equal opportunity to ‘‘(c) EVALUATION.—The Secretary, after ob- plicable patient privacy laws. compete for, and receive, research funds taining input from the affected Tribal Health ‘‘(2) DIABETES CONTROL OFFICERS.— under this section. Programs, shall submit to the President for ‘‘(A) IN GENERAL.—The Secretary may es- ‘‘(d) USE OF FUNDS.—This funding may be inclusion in the report which is required to tablish and maintain in each Area Office a used for both clinical and nonclinical re- be submitted to Congress under section 801 position of diabetes control officer to coordi- search. an evaluation of— nate and manage any activity of that Area ‘‘(e) EVALUATION AND DISSEMINATION.—The ‘‘(1) the health promotion and disease pre- Office relating to the prevention, treatment, Secretary shall periodically— vention needs of Indians; or control of diabetes to assist the Secretary ‘‘(1) evaluate the impact of research con- ‘‘(2) the health promotion and disease pre- in carrying out a program under this section ducted under this section; and vention activities which would best meet or section 330C of the Public Health Service ‘‘(2) disseminate to Tribal Health Pro- such needs; Act (42 U.S.C. 254c–3). grams information regarding that research

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00114 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11761 as the Secretary determines to be appro- Tribes, Tribal Organizations, and Urban In- ‘‘(11) Developing activities for the preven- priate. dian Organizations, each Service Area epide- tion and control of communicable diseases. ‘‘SEC. 207. MAMMOGRAPHY AND OTHER CANCER miology center established under this sub- ‘‘(12) Developing community and environ- SCREENING. section shall, with respect to such Service mental health education programs that in- ‘‘The Secretary, acting through the Serv- Area— clude traditional health care practitioners. ice or Tribal Health Programs, shall provide ‘‘(1) collect data relating to, and monitor ‘‘(13) Violence prevention. for screening as follows: progress made toward meeting, each of the ‘‘(14) Such other health issues as are appro- ‘‘(1) Screening mammography (as defined health status objectives of the Service, the priate. in section 1861(jj) of the Social Security Act) Indian Tribes, Tribal Organizations, and ‘‘(c) TECHNICAL ASSISTANCE.—Upon request, for Indian women at a frequency appropriate Urban Indian Organizations in the Service the Secretary, acting through the Service, to such women under accepted and appro- Area; shall provide technical assistance to Indian priate national standards, and under such ‘‘(2) evaluate existing delivery systems, Tribes, Tribal Organizations, and Urban In- terms and conditions as are consistent with data systems, and other systems that impact dian Organizations in the development of standards established by the Secretary to en- the improvement of Indian health; comprehensive health education plans and sure the safety and accuracy of screening ‘‘(3) assist Indian Tribes, Tribal Organiza- the dissemination of comprehensive health mammography under part B of title XVIII of tions, and Urban Indian Organizations in education materials and information on ex- such Act. identifying their highest priority health sta- isting health programs and resources. ‘‘(2) Other cancer screening that receives tus objectives and the services needed to ‘‘(d) CRITERIA FOR REVIEW AND APPROVAL an A or B rating as recommended by the achieve such objectives, based on epidemio- OF APPLICATIONS.—The Secretary, acting United States Preventive Services Task logical data; through the Service, and in consultation Force established under section 915(a)(1) of ‘‘(4) make recommendations for the tar- with Indian Tribes, Tribal Organizations, the Public Health Service Act (42 U.S.C. geting of services needed by the populations and Urban Indian Organizations, shall estab- 299b–4(a)(1)). The Secretary shall ensure that served; lish criteria for the review and approval of screening provided for under this paragraph ‘‘(5) make recommendations to improve applications for grants awarded under this complies with the recommendations of the health care delivery systems for Indians and section. Task Force with respect to— Urban Indians; ‘‘(e) DEVELOPMENT OF PROGRAM FOR BIA- ‘‘(A) frequency; ‘‘(6) provide requested technical assistance FUNDED SCHOOLS.— ‘‘(B) the population to be served; to Indian Tribes, Tribal Organizations, and ‘‘(1) IN GENERAL.—The Secretary of the In- ‘‘(C) the procedure or technology to be Urban Indian Organizations in the develop- terior, acting through the Bureau of Indian used; ment of local health service priorities and Affairs and in cooperation with the Sec- ‘‘(D) evidence of effectiveness; and incidence and prevalence rates of disease and retary, acting through the Service, and af- ‘‘(E) other matters that the Secretary de- other illness in the community; and fected Indian Tribes and Tribal Organiza- termines appropriate. ‘‘(7) provide disease surveillance and assist tions, shall develop a comprehensive school ‘‘SEC. 208. PATIENT TRAVEL COSTS. Indian Tribes, Tribal Organizations, and health education program for children from ‘‘(a) DEFINITION OF QUALIFIED ESCORT.—In Urban Indian Organizations to promote pub- preschool through grade 12 in schools for this section, the term ‘qualified escort’ lic health. which support is provided by the Bureau of means— ‘‘(c) TECHNICAL ASSISTANCE.—The Director Indian Affairs. ‘‘(1) an adult escort (including a parent, of the Centers for Disease Control and Pre- ‘‘(2) REQUIREMENTS FOR PROGRAMS.—Such guardian, or other family member) who is re- vention shall provide technical assistance to programs shall include— quired because of the physical or mental con- the centers in carrying out the requirements ‘‘(A) school programs on nutrition edu- dition, or age, of the applicable patient; of this subsection. cation, personal health, oral health, and fit- ‘‘(2) a health professional for the purpose of ‘‘(d) GRANTS FOR STUDIES.—The Secretary ness; providing necessary medical care during may make grants to Indian Tribes, Tribal ‘‘(B) behavioral health wellness programs; travel by the applicable patient; or Organizations, and Urban Indian Organiza- ‘‘(C) chronic disease prevention programs; ‘‘(3) other escorts, as the Secretary or ap- tions to conduct epidemiological studies of ‘‘(D) substance abuse prevention programs; plicable Indian Health Program determines Indian communities. ‘‘(E) injury prevention and safety edu- to be appropriate. ‘‘SEC. 210. COMPREHENSIVE SCHOOL HEALTH cation programs; and ‘‘(b) PROVISION OF FUNDS.—The Secretary, EDUCATION PROGRAMS. ‘‘(F) activities for the prevention and con- acting through the Service and Tribal Health ‘‘(a) FUNDING FOR DEVELOPMENT OF PRO- trol of communicable diseases. Programs, is authorized to provide funds for GRAMS.—In addition to carrying out any ‘‘(3) DUTIES OF THE SECRETARY.—The Sec- the following patient travel costs, including other program for health promotion or dis- retary of the Interior shall— qualified escorts, associated with receiving ease prevention, the Secretary, acting ‘‘(A) provide training to teachers in com- health care services provided (either through through the Service, is authorized to award prehensive school health education mate- direct or contract care or through a contract grants to Indian Tribes, Tribal Organiza- rials; or compact under the Indian Self-Determina- tions, and Urban Indian Organizations to de- ‘‘(B) ensure the integration and coordination and Education Assistance Act (25 U.S.C. velop comprehensive school health education tion of school-based programs with existing 450 et seq.)) under this Act— programs for children from pre-school services and health programs available in ‘‘(1) emergency air transportation and non- through grade 12 in schools for the benefit of the community; and emergency air transportation where ground Indian and Urban Indian children. ‘‘(C) encourage healthy, tobacco-free transportation is infeasible; ‘‘(b) USE OF GRANT FUNDS.—A grant award- school environments. ‘‘(2) transportation by private vehicle ed under this section may be used for pur- ‘‘SEC. 211. INDIAN YOUTH PROGRAM. (where no other means of transportation is poses which may include, but are not limited ‘‘(a) PROGRAM AUTHORIZED.—The Sec- available), specially equipped vehicle, and to, the following: retary, acting through the Service, is au- ambulance; and ‘‘(1) Developing health education materials thorized to establish and administer a pro- ‘‘(3) transportation by such other means as both for regular school programs and after- gram to provide grants to Indian Tribes, may be available and required when air or school programs. Tribal Organizations, and Urban Indian Or- motor vehicle transportation is not avail- ‘‘(2) Training teachers in comprehensive ganizations for innovative mental and phys- able. school health education materials. ical disease prevention and health promotion ‘‘SEC. 209. EPIDEMIOLOGY CENTERS. ‘‘(3) Integrating school-based, community- and treatment programs for Indian and ‘‘(a) ADDITIONAL CENTERS.—In addition to based, and other public and private health Urban Indian preadolescent and adolescent those epidemiology centers already estab- promotion efforts. youths. lished as of the date of enactment of the In- ‘‘(4) Encouraging healthy, tobacco-free ‘‘(b) USE OF FUNDS.— dian Health Care Improvement Act Amend- school environments. ‘‘(1) ALLOWABLE USES.—Funds made avail- ments of 2006, and without reducing the ‘‘(5) Coordinating school-based health pro- able under this section may be used to— funding levels for such centers, not later grams with existing services and programs ‘‘(A) develop prevention and treatment than 180 days after the date of enactment of available in the community. programs for Indian youth which promote the Indian Health Care Improvement Act ‘‘(6) Developing school programs on nutri- mental and physical health and incorporate Amendments of 2006, the Secretary, acting tion education, personal health, oral health, cultural values, community and family in- through the Service, shall establish an epide- and fitness. volvement, and traditional health care prac- miology center in each Service Area which ‘‘(7) Developing behavioral health wellness titioners; and does not yet have one to carry out the func- programs. ‘‘(B) develop and provide community train- tions described in subsection (b). Any new ‘‘(8) Developing chronic disease prevention ing and education. centers so established may be operated by programs. ‘‘(2) PROHIBITED USE.—Funds made avail- Tribal Health Programs, but such funding ‘‘(9) Developing substance abuse prevention able under this section may not be used to shall not be divisible. programs. provide services described in section 707(c). ‘‘(b) FUNCTIONS OF CENTERS.—In consulta- ‘‘(10) Developing injury prevention and ‘‘(c) DUTIES OF THE SECRETARY.—The Sec- tion with and upon the request of Indian safety education programs. retary shall—

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00115 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11762 CONGRESSIONAL RECORD — SENATE December 8, 2006 ‘‘(1) disseminate to Indian Tribes, Tribal propriate standards relating to the service, of environmental hazards which may result Organizations, and Urban Indian Organiza- including any licensing term or condition in chronic or life threatening health prob- tions information regarding models for the under this Act. lems, such as nuclear resource development, delivery of comprehensive health care serv- ‘‘(2) STANDARDS.— petroleum contamination, and contamina- ices to Indian and Urban Indian adolescents; ‘‘(A) IN GENERAL.—In accordance with this tion of water source and of the food chain. ‘‘(2) encourage the implementation of such Act and the Indian Self-Determination and Such studies shall include— models; and Education Assistance Act (25 U.S.C. 450 et ‘‘(1) an evaluation of the nature and extent ‘‘(3) at the request of an Indian Tribe, Trib- seq.), the Secretary may use the standards of health problems caused by environmental al Organization, or Urban Indian Organiza- for a service provided under this section re- hazards currently exhibited among Indians tion, provide technical assistance in the im- quired by the State in which the service is and the causes of such health problems; plementation of such models. provided. ‘‘(2) an analysis of the potential effect of ‘‘(d) CRITERIA FOR REVIEW AND APPROVAL ‘‘(B) INDIAN TRIBES.—If a service under this ongoing and future environmental resource OF APPLICATIONS.—The Secretary, in con- section is provided by an Indian Tribe or development on or near reservations and In- sultation with Indian Tribes, Tribal Organi- Tribal Organization pursuant to the Indian dian communities, including the cumulative zations, and Urban Indian Organizations, Self-Determination and Education Assist- effect over time on health; shall establish criteria for the review and ap- ance Act (25 U.S.C. 450 et seq.), the ‘‘(3) an evaluation of the types and nature proval of applications or proposals under this verification by the Secretary that the serv- of activities, practices, and conditions caus- section. ice meets any standards required by the ing or affecting such health problems, in- ‘‘SEC. 212. PREVENTION, CONTROL, AND ELIMI- State in which the service is or will be pro- cluding uranium mining and milling, ura- NATION OF COMMUNICABLE AND IN- vided shall be considered to meet the terms nium mine tailing deposits, nuclear power FECTIOUS DISEASES. and conditions required under this sub- plant operation and construction, and nu- ‘‘(a) FUNDING AUTHORIZED.—The Secretary, section. clear waste disposal; oil and gas production acting through the Service, and after con- ‘‘(3) ELIGIBILITY.—The following individ- or transportation on or near reservations or sultation with the Centers for Disease Con- uals shall be eligible to receive long-term Indian communities; and other development trol and Prevention, may make funding care under this section: that could affect the health of Indians and available to Indian Tribes, Tribal Organiza- ‘‘(A) Individuals who are unable to perform their water supply and food chain; tions, and Urban Indian Organizations for a certain number of activities of daily living ‘‘(4) a summary of any findings and rec- the following: without assistance. ommendations provided in Federal and State ‘‘(1) Projects for the prevention, control, ‘‘(B) Individuals with a mental impair- studies, reports, investigations, and inspec- and elimination of communicable and infec- ment, such as dementia, Alzheimer’s disease, tions during the 5 years prior to the date of tious diseases, including tuberculosis, hepa- or another disabling mental illness, who may enactment of the Indian Health Care Im- titis, HIV, respiratory syncytial virus, hanta be able to perform activities of daily living provement Act Amendments of 2006 that di- virus, sexually transmitted diseases, and H. under supervision. rectly or indirectly relate to the activities, Pylori. ‘‘(C) Such other individuals as an applica- practices, and conditions affecting the ‘‘(2) Public information and education pro- ble Indian Health Program determines to be health or safety of such Indians; and grams for the prevention, control, and elimi- appropriate. ‘‘(5) the efforts that have been made by nation of communicable and infectious dis- ‘‘(c) DEFINITIONS.—For the purposes of this Federal and State agencies and resource and eases. section, the following definitions shall apply: economic development companies to effec- ‘‘(3) Education, training, and clinical skills ‘‘(1) The term ‘home- and community- tively carry out an education program for improvement activities in the prevention, based services’ means 1 or more of the fol- such Indians regarding the health and safety control, and elimination of communicable lowing services (whether provided by the hazards of such development. and infectious diseases for health profes- Service or by an Indian Tribe or Tribal Orga- ‘‘(b) HEALTH CARE PLANS.—Upon comple- sionals, including allied health professionals. nization under a contract, grant agreement, tion of such studies, the Secretary and the ‘‘(4) Demonstration projects for the screen- or cooperative agreement pursuant to the In- Service shall take into account the results of ing, treatment, and prevention of hepatitis C dian Self-Determination and Education As- such studies and develop health care plans to virus (HCV). sistance Act (25 U.S.C. 450 et seq.)) for which address the health problems studied under ‘‘(b) APPLICATION REQUIRED.—The Sec- the Secretary has established standards pur- subsection (a). The plans shall include— retary may provide funding under subsection suant to subsection (b): ‘‘(1) methods for diagnosing and treating (a) only if an application or proposal for ‘‘(A) Home health aide services. Indians currently exhibiting such health funding is submitted to the Secretary. ‘‘(B) Nursing care services provided outside problems; ‘‘(c) COORDINATION WITH HEALTH AGEN- of a nursing facility by, or under the super- ‘‘(2) preventive care and testing for Indians CIES.—Indian Tribes, Tribal Organizations, vision of, a registered nurse. and Urban Indian Organizations receiving who may be exposed to such health hazards, ‘‘(C) Respite care. funding under this section are encouraged to including the monitoring of the health of in- ‘‘(D) Adult day care. coordinate their activities with the Centers dividuals who have or may have been ex- ‘‘(E) Such other services identified by an for Disease Control and Prevention and posed to excessive amounts of radiation or Indian Tribe or Tribal Organization for State and local health agencies. affected by other activities that have had or which the Secretary has established stand- ‘‘(d) TECHNICAL ASSISTANCE; REPORT.—In could have a serious impact upon the health carrying out this section, the Secretary— ards pursuant to subsection (b). of such individuals; and ‘‘(1) may, at the request of an Indian Tribe, ‘‘(2) The term ‘hospice care’ means the ‘‘(3) a program of education for Indians Tribal Organization, or Urban Indian Organi- items and services specified in subpara- who, by reason of their work or geographic zation, provide technical assistance; and graphs (A) through (H) of section 1861(dd)(1) proximity to such nuclear or other develop- ‘‘(2) shall prepare and submit a report to of the Social Security Act (42 U.S.C. ment activities, may experience health prob- Congress biennially on the use of funds under 1395x(dd)(1)), and such other services which lems. this section and on the progress made toward an Indian Tribe or Tribal Organization deter- ‘‘(c) SUBMISSION OF REPORT AND PLAN TO the prevention, control, and elimination of mines are necessary and appropriate to pro- CONGRESS.—The Secretary and the Service communicable and infectious diseases among vide in furtherance of this care. shall submit to Congress the study prepared Indians and Urban Indians. ‘‘SEC. 214. INDIAN WOMEN’S HEALTH CARE. under subsection (a) no later than 18 months ‘‘SEC. 213. AUTHORITY FOR PROVISION OF OTHER ‘‘The Secretary, acting through the Serv- after the date of enactment of the Indian SERVICES. ice and Indian Tribes, Tribal Organizations, Health Care Improvement Act Amendments ‘‘(a) FUNDING AUTHORIZED.—The Secretary, and Urban Indian Organizations, shall mon- of 2006. The health care plan prepared under acting through the Service, Indian Tribes, itor and improve the quality of health care subsection (b) shall be submitted in a report and Tribal Organizations, may provide fund- for Indian women of all ages through the no later than 1 year after the study prepared ing under this Act to meet the objectives set planning and delivery of programs adminis- under subsection (a) is submitted to Con- forth in section 3 through health care-re- tered by the Service, in order to improve and gress. Such report shall include rec- lated services and programs not otherwise enhance the treatment models of care for In- ommended activities for the implementation described in this Act, including— dian women. of the plan, as well as an evaluation of any ‘‘(1) hospice care; ‘‘SEC. 215. ENVIRONMENTAL AND NUCLEAR activities previously undertaken by the ‘‘(2) assisted living; HEALTH HAZARDS. Service to address such health problems. ‘‘(3) long-term care; and ‘‘(a) STUDIES AND MONITORING.—The Sec- ‘‘(d) INTERGOVERNMENTAL TASK FORCE.— ‘‘(4) home- and community-based services, retary and the Service shall conduct, in con- ‘‘(1) ESTABLISHMENT; MEMBERS.—There is in accordance with subsection (c). junction with other appropriate Federal established an Intergovernmental Task ‘‘(b) TERMS AND CONDITIONS.— agencies and in consultation with concerned Force to be composed of the following indi- ‘‘(1) IN GENERAL.—The Secretary shall re- Indian Tribes and Tribal Organizations, stud- viduals (or their designees): quire that any service provided under this ies and ongoing monitoring programs to de- ‘‘(A) The Secretary of Energy. section shall be in accordance with such termine trends in the health hazards to In- ‘‘(B) The Secretary of the Environmental terms and conditions as the Secretary deter- dian miners and to Indians on or near res- Protection Agency. mines to be consistent with accepted and ap- ervations and Indian communities as a result ‘‘(C) The Director of the Bureau of Mines.

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00116 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11763 ‘‘(D) The Assistant Secretary for Occupa- ‘‘SEC. 217. CALIFORNIA CONTRACT HEALTH SERV- ‘‘SEC. 221. LICENSING. tional Safety and Health. ICES PROGRAM. ‘‘Health care professionals employed by a ‘‘(E) The Secretary of the Interior. ‘‘(a) FUNDING AUTHORIZED.—The Secretary Tribal Health Program shall, if licensed in ‘‘(F) The Secretary of Health and Human is authorized to fund a program using the any State, be exempt from the licensing re- Services. California Rural Indian Health Board (here- quirements of the State in which the Tribal ‘‘(G) The Director of the Indian Health after in this section referred to as the Health Program performs the services de- Service. ‘CRIHB’) as a contract care intermediary to scribed in its contract or compact under the ‘‘(2) DUTIES.—The Task Force shall— improve the accessibility of health services Indian Self-Determination and Education ‘‘(A) identify existing and potential oper- to California Indians. Assistance Act (25 U.S.C. 450 et seq.). ations related to nuclear resource develop- ‘‘(b) REIMBURSEMENT CONTRACT.—The Sec- ‘‘SEC. 222. NOTIFICATION OF PROVISION OF ment or other environmental hazards that retary shall enter into an agreement with EMERGENCY CONTRACT HEALTH affect or may affect the health of Indians on the CRIHB to reimburse the CRIHB for costs SERVICES. or near a reservation or in an Indian commu- (including reasonable administrative costs) ‘‘With respect to an elderly Indian or an nity; and incurred pursuant to this section, in pro- Indian with a disability receiving emergency ‘‘(B) enter into activities to correct exist- viding medical treatment under contract to medical care or services from a non-Service ing health hazards and ensure that current California Indians described in section 806(a) provider or in a non-Service facility under and future health problems resulting from throughout the California contract health the authority of this Act, the time limita- nuclear resource or other development ac- services delivery area described in section tion (as a condition of payment) for noti- tivities are minimized or reduced. 218 with respect to high cost contract care fying the Service of such treatment or ad- ‘‘(3) CHAIRMAN; MEETINGS.—The Secretary cases. mission shall be 30 days. of Health and Human Services shall be the ‘‘(c) ADMINISTRATIVE EXPENSES.—Not more ‘‘SEC. 223. PROMPT ACTION ON PAYMENT OF Chairman of the Task Force. The Task Force than 5 percent of the amounts provided to CLAIMS. shall meet at least twice each year. the CRIHB under this section for any fiscal ‘‘(a) DEADLINE FOR RESPONSE.—The Service ‘‘(e) HEALTH SERVICES TO CERTAIN EMPLOY- year may be for reimbursement for adminis- shall respond to a notification of a claim by EES.—In the case of any Indian who— trative expenses incurred by the CRIHB dur- a provider of a contract care service with ei- ‘‘(1) as a result of employment in or near a ing such fiscal year. ther an individual purchase order or a denial uranium mine or mill or near any other envi- ‘‘(d) LIMITATION ON PAYMENT.—No payment of the claim within 5 working days after the ronmental hazard, suffers from a work-re- may be made for treatment provided here- receipt of such notification. lated illness or condition; under to the extent payment may be made ‘‘(b) EFFECT OF UNTIMELY RESPONSE.—If ‘‘(2) is eligible to receive diagnosis and for such treatment under the Indian Cata- the Service fails to respond to a notification treatment services from an Indian Health strophic Health Emergency Fund described of a claim in accordance with subsection (a), Program; and in section 202 or from amounts appropriated the Service shall accept as valid the claim ‘‘(3) by reason of such Indian’s employ- or otherwise made available to the Cali- submitted by the provider of a contract care ment, is entitled to medical care at the ex- fornia contract health service delivery area service. pense of such mine or mill operator or entity for a fiscal year. ‘‘(c) DEADLINE FOR PAYMENT OF VALID responsible for the environmental hazard, ‘‘(e) ADVISORY BOARD.—There is estab- CLAIM.—The Service shall pay a valid con- the Indian Health Program shall, at the re- lished an advisory board which shall advise tract care service claim within 30 days after quest of such Indian, render appropriate the CRIHB in carrying out this section. The the completion of the claim. medical care to such Indian for such illness advisory board shall be composed of rep- ‘‘SEC. 224. LIABILITY FOR PAYMENT. or condition and may be reimbursed for any resentatives, selected by the CRIHB, from ‘‘(a) NO PATIENT LIABILITY.—A patient who medical care so rendered to which such In- not less than 8 Tribal Health Programs serv- receives contract health care services that dian is entitled at the expense of such oper- ing California Indians covered under this are authorized by the Service shall not be ator or entity from such operator or entity. section at least 1⁄2 of whom of whom are not liable for the payment of any charges or Nothing in this subsection shall affect the affiliated with the CRIHB. costs associated with the provision of such rights of such Indian to recover damages ‘‘SEC. 218. CALIFORNIA AS A CONTRACT HEALTH services. other than such amounts paid to the Indian SERVICE DELIVERY AREA. ‘‘(b) NOTIFICATION.—The Secretary shall Health Program from the employer for pro- ‘‘The State of California, excluding the notify a contract care provider and any pa- viding medical care for such illness or condi- counties of Alameda, Contra Costa, Los An- tient who receives contract health care serv- tion. geles, Marin, Orange, Sacramento, San Fran- ices authorized by the Service that such pa- ‘‘SEC. 216. ARIZONA AS A CONTRACT HEALTH cisco, San Mateo, Santa Clara, Kern, Merced, tient is not liable for the payment of any SERVICE DELIVERY AREA. Monterey, Napa, San Benito, San Joaquin, charges or costs associated with the provi- ‘‘(a) IN GENERAL.—For fiscal years begin- San Luis Obispo, Santa Cruz, Solano, sion of such services not later than 5 busi- ning with the fiscal year ending September Stanislaus, and Ventura, shall be designated ness days after receipt of a notification of a 30, 1983, and ending with the fiscal year end- as a contract health service delivery area by claim by a provider of contract care services. ing September 30, 2016, the State of Arizona the Service for the purpose of providing con- ‘‘(c) NO RECOURSE.—Following receipt of shall be designated as a contract health serv- tract health services to California Indians. the notice provided under subsection (b), or, ice delivery area by the Service for the pur- However, any of the counties listed herein if a claim has been deemed accepted under pose of providing contract health care serv- may only be included in the contract health section 223(b), the provider shall have no fur- ices to members of federally recognized In- services delivery area if funding is specifi- ther recourse against the patient who re- dian Tribes of Arizona. cally provided by the Service for such serv- ceived the services. ‘‘(b) MAINTENANCE OF SERVICES.—The Serv- ices in those counties. ‘‘SEC. 225. OFFICE OF INDIAN MEN’S HEALTH. ice shall not curtail any health care services ‘‘SEC. 219. CONTRACT HEALTH SERVICES FOR ‘‘(a) ESTABLISHMENT.—The Secretary may provided to Indians residing on reservations THE TRENTON SERVICE AREA. establish within the Service an office to be in the State of Arizona if such curtailment is ‘‘(a) AUTHORIZATION FOR SERVICES.—The known as the ‘Office of Indian Men’s Health’ due to the provision of contract services in Secretary, acting through the Service, is di- (referred to in this section as the ‘Office’). such State pursuant to the designation of rected to provide contract health services to ‘‘(b) DIRECTOR.— such State as a contract health service deliv- members of the Turtle Mountain Band of ‘‘(1) IN GENERAL.—The Office shall be head- ery area pursuant to subsection (a). Chippewa Indians that reside in the Trenton ed by a director, to be appointed by the Sec- ‘‘SEC. 216A. NORTH DAKOTA AND SOUTH DAKOTA Service Area of Divide, McKenzie, and Wil- retary. AS CONTRACT HEALTH SERVICE DE- ‘‘(2) DUTIES.—The director shall coordinate LIVERY AREA. liams counties in the State of North Dakota and promote the status of the health of In- ‘‘(a) IN GENERAL.—Beginning in fiscal year and the adjoining counties of Richland, Roo- dian men in the United States. 2003, the States of North Dakota and South sevelt, and Sheridan in the State of Mon- ‘‘(c) REPORT.—Not later than 2 years after Dakota shall be designated as a contract tana. the date of enactment of the Indian Health health service delivery area by the Service ‘‘(b) NO EXPANSION OF ELIGIBILITY.—Noth- Care Improvement Act Amendments of 2006, for the purpose of providing contract health ing in this section may be construed as ex- the Secretary, acting through the director of care services to members of federally recog- panding the eligibility of members of the nized Indian Tribes of North Dakota and Turtle Mountain Band of Chippewa Indians the Office, shall submit to Congress a report South Dakota. for health services provided by the Service describing— ‘‘(b) LIMITATION.—The Service shall not beyond the scope of eligibility for such ‘‘(1) any activity carried out by the direc- curtail any health care services provided to health services that applied on May 1, 1986. tor as of the date on which the report is pre- Indians residing on any reservation, or in ‘‘SEC. 220. PROGRAMS OPERATED BY INDIAN pared; and any county that has a common boundary TRIBES AND TRIBAL ORGANIZA- ‘‘(2) any finding of the director with re- with any reservation, in the State of North TIONS. spect to the health of Indian men. Dakota or South Dakota if such curtailment ‘‘The Service shall provide funds for health ‘‘SEC. 226. AUTHORIZATION OF APPROPRIATIONS. is due to the provision of contract services in care programs and facilities operated by ‘‘There are authorized to be appropriated such States pursuant to the designation of Tribal Health Programs on the same basis as such sums as may be necessary for each fis- such States as a contract health service de- such funds are provided to programs and fa- cal year through fiscal year 2016 to carry out livery area pursuant to subsection (a). cilities operated directly by the Service. this title.

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‘‘TITLE III—FACILITIES ‘‘(B) NEEDS OF FACILITIES UNDER ISDEAA cilities, and the renovation and expansion ‘‘SEC. 301. CONSULTATION; CONSTRUCTION AND AGREEMENTS.—The Secretary shall ensure needs, if any, of such facilities) developed by RENOVATION OF FACILITIES; RE- that the planning, design, construction, ren- the Service, Indian Tribes, and Tribal Orga- PORTS. ovation, and expansion needs of Service and nizations for the Facilities Needs Assess- ‘‘(a) PREREQUISITES FOR EXPENDITURE OF non-Service facilities operated under con- ment Workgroup and the Facilities Appro- FUNDS.—Prior to the expenditure of, or the tracts or compacts in accordance with the priation Advisory Board. making of any binding commitment to ex- Indian Self-Determination and Education ‘‘(II) INCLUSIONS.—The initial report shall pend, any funds appropriated for the plan- Assistance Act (25 U.S.C. 450 et seq.) are include— ning, design, construction, or renovation of fully and equitably integrated into the ‘‘(aa) the methodology and criteria used by facilities pursuant to the Act of November 2, health care facility priority system. the Service in determining the needs and es- 1921 (25 U.S.C. 13) (commonly known as the ‘‘(C) CRITERIA FOR EVALUATING NEEDS.—For tablishing the ranking of the facilities needs; ‘Snyder Act’), the Secretary, acting through purposes of this subsection, the Secretary, in and the Service, shall— evaluating the needs of facilities operated ‘‘(bb) such other information as the Sec- ‘‘(1) consult with any Indian Tribe that under a contract or compact under the In- retary determines to be appropriate. would be significantly affected by such ex- dian Self-Determination and Education As- ‘‘(iii) UPDATES OF REPORT.—Beginning in penditure for the purpose of determining sistance Act (25 U.S.C. 450 et seq.), shall use calendar year 2010, the Secretary shall— and, whenever practicable, honoring tribal the criteria used by the Secretary in evalu- ‘‘(I) update the report under clause (ii) not preferences concerning size, location, type, ating the needs of facilities operated directly less frequently that once every 5 years; and and other characteristics of any facility on by the Service. ‘‘(II) include the updated report in the ap- which such expenditure is to be made; and ‘‘(D) PRIORITY OF CERTAIN PROJECTS PRO- propriate annual report under subparagraph TECTED.—The priority of any project estab- (B) for submission to Congress under section ‘‘(2) ensure, whenever practicable and ap- lished under the construction priority sys- 801. plicable, that such facility meets the contem in effect on the date of enactment of the ‘‘(B) ANNUAL REPORTS.—The Secretary struction standards of any accrediting body Indian Health Care Improvement Act shall submit to the President, for inclusion recognized by the Secretary for the purposes Amendments of 2006 shall not be affected by in the report required to be transmitted to of the Medicare, Medicaid, and SCHIP pro- any change in the construction priority sys- Congress under section 801, a report which grams under titles XVIII, XIX, and XXI of tem taking place after that date if the sets forth the following: the Social Security Act by not later than 1 project— ‘‘(i) A description of the health care facil- year after the date on which the construc- ‘‘(i) was identified in the fiscal year 2007 ity priority system of the Service estab- tion or renovation of such facility is com- Service budget justification as— lished under paragraph (1). pleted. ‘‘(I) 1 of the 10 top-priority inpatient ‘‘(ii) Health care facilities lists, which may ‘‘(b) CLOSURES.— projects; include— ‘‘(1) EVALUATION REQUIRED.—Notwith- ‘‘(II) 1 of the 10 top-priority outpatient ‘‘(I) the 10 top-priority inpatient health standing any other provision of law, no facil- projects; care facilities; ity operated by the Service may be closed if ‘‘(III) 1 of the 10 top-priority staff quarters ‘‘(II) the 10 top-priority outpatient health the Secretary has not submitted to Congress developments; or care facilities; at least 1 year prior to the date of the pro- ‘‘(IV) 1 of the 10 top-priority Youth Re- ‘‘(III) the 10 top-priority specialized health posed closure an evaluation of the impact of gional Treatment Centers; care facilities (such as long-term care and al- the proposed closure which specifies, in addi- ‘‘(ii) had completed both Phase I and Phase cohol and drug abuse treatment); tion to other considerations— II of the construction priority system in ef- ‘‘(IV) the 10 top-priority staff quarters de- ‘‘(A) the accessibility of alternative health fect on the date of enactment of such Act; or velopments associated with health care fa- care resources for the population served by ‘‘(iii) is not included in clause (i) or (ii) and cilities; and such facility; is selected, as determined by the Secretary— ‘‘(V) the 10 top-priority hostels associated ‘‘(B) the cost-effectiveness of such closure; ‘‘(I) on the initiative of the Secretary; or with health care facilities. ‘‘(C) the quality of health care to be pro- ‘‘(II) pursuant to a request of an Indian ‘‘(iii) The justification for such order of vided to the population served by such facil- Tribe or Tribal Organization. priority. ity after such closure; ‘‘(2) REPORT; CONTENTS.— ‘‘(iv) The projected cost of such projects. ‘‘(D) the availability of contract health ‘‘(A) INITIAL COMPREHENSIVE REPORT.— ‘‘(v) The methodology adopted by the Serv- care funds to maintain existing levels of ‘‘(i) DEFINITIONS.—In this subparagraph: ice in establishing priorities under its health service; ‘‘(I) FACILITIES APPROPRIATION ADVISORY care facility priority system. ‘‘(E) the views of the Indian Tribes served BOARD.—The term ‘Facilities Appropriation ‘‘(3) REQUIREMENTS FOR PREPARATION OF RE- by such facility concerning such closure; Advisory Board’ means the advisory board, PORTS.—In preparing the report required ‘‘(F) the level of use of such facility by all comprised of 12 members representing Indian under paragraph (2), the Secretary shall— eligible Indians; and tribes and 2 members representing the Serv- ‘‘(A) consult with and obtain information ‘‘(G) the distance between such facility and ice, established at the discretion of the Di- on all health care facilities needs from In- the nearest operating Service hospital. rector— dian Tribes, Tribal Organizations, and Urban ‘‘(2) EXCEPTION FOR CERTAIN TEMPORARY ‘‘(aa) to provide advice and recommenda- Indian Organizations; and CLOSURES.—Paragraph (1) shall not apply to tions for policies and procedures of the pro- ‘‘(B) review the total unmet needs of all In- any temporary closure of a facility or any grams funded pursuant to facilities appro- dian Tribes, Tribal Organizations, and Urban portion of a facility if such closure is nec- priations; and Indian Organizations for health care facili- essary for medical, environmental, or con- ‘‘(bb) to address other facilities issues. ties (including hostels and staff quarters), instruction safety reasons. ‘‘(II) FACILITIES NEEDS ASSESSMENT cluding needs for renovation and expansion ‘‘(c) HEALTH CARE FACILITY PRIORITY SYS- WORKGROUP.—The term ‘Facilities Needs As- of existing facilities. TEM.— sessment Workgroup’ means the workgroup ‘‘(d) REVIEW OF METHODOLOGY USED FOR ‘‘(1) IN GENERAL.— established at the discretion of the Direc- HEALTH FACILITIES CONSTRUCTION PRIORITY ‘‘(A) ESTABLISHMENT.—The Secretary, act- tor— SYSTEM.— ing through the Service, shall maintain a ‘‘(aa) to review the health care facilities ‘‘(1) IN GENERAL.—Not later than 1 year health care facility priority system, which— construction priority system; and after the establishment of the priority sys- ‘‘(i) shall be developed in consultation with ‘‘(bb) to make recommendations to the Fa- tem under subsection (c)(1)(A), the Comp- Indian Tribes and Tribal Organizations; cilities Appropriation Advisory Board for re- troller General of the United States shall ‘‘(ii) shall give Indian Tribes’ needs the vising the priority system. prepare and finalize a report reviewing the highest priority; ‘‘(ii) INITIAL REPORT.— methodologies applied, and the processes fol- ‘‘(iii)(I) may include the lists required in ‘‘(I) IN GENERAL.—Not later than 1 year lowed, by the Service in making each assess- paragraph (2)(B)(ii); and after the date of enactment of the Indian ment of needs for the list under subsection ‘‘(II) shall include the methodology re- Health Care Improvement Act Amendments (c)(2)(A)(ii) and developing the priority sys- quired in paragraph (2)(B)(v); and of 2006, the Secretary shall submit to the tem under subsection (c)(1), including a re- ‘‘(III) may include such other facilities, Committee on Indian Affairs of the Senate view of— and such renovation or expansion needs of and the Committee on Resources of the ‘‘(A) the recommendations of the Facilities any health care facility, as the Service, In- House of Representatives a report that de- Appropriation Advisory Board and the Fa- dian Tribes, and Tribal Organizations may scribes the comprehensive, national, ranked cilities Needs Assessment Workgroup (as identify; and list of all health care facilities needs for the those terms are defined in subsection ‘‘(iv) shall provide an opportunity for the Service, Indian Tribes, and Tribal Organiza- (c)(2)(A)(i)); and nomination of planning, design, and con- tions (including inpatient health care facili- ‘‘(B) the relevant criteria used in ranking struction projects by the Service, Indian ties, outpatient health care facilities, spe- or prioritizing facilities other than hospitals Tribes, and Tribal Organizations for consid- cialized health care facilities (such as for or clinics. eration under the priority system at least long-term care and alcohol and drug abuse ‘‘(2) SUBMISSION TO CONGRESS.—The Comp- once every 3 years, or more frequently as the treatment), wellness centers, staff quarters troller General of the United States shall Secretary determines to be appropriate. and hostels associated with health care fa- submit the report under paragraph (1) to—

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00118 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11765 ‘‘(A) the Committees on Indian Affairs and Housing Assistance and Self-Determination the health benefits of the sanitation facility, Appropriations of the Senate; Act of 1996 (25 U.S.C. 4101 et seq.) to the Sec- then the Secretary is authorized to assist ‘‘(B) the Committees on Resources and Ap- retary of Health and Human Services; the Indian Tribe, Tribal Organization, or In- propriations of the House of Representatives; ‘‘(2) the Secretary of Health and Human dian community in the resolution of the and Services is authorized to accept and use such problem on a short-term basis through co- ‘‘(C) the Secretary. funds for the purpose of providing sanitation operation with the emergency coordinator or ‘‘(e) FUNDING CONDITION.—All funds appro- facilities and services for Indians under sec- by providing operation, management, and priated under the Act of November 2, 1921 (25 tion 7 of the Act of August 5, 1954 (42 U.S.C. maintenance service. U.S.C. 13) (commonly known as the ‘Snyder 2004a); ‘‘(g) ISDEAA PROGRAM FUNDED ON EQUAL Act’), for the planning, design, construction, ‘‘(3) unless specifically authorized when BASIS.—Tribal Health Programs shall be eli- or renovation of health facilities for the ben- funds are appropriated, the Secretary shall gible (on an equal basis with programs that efit of 1 or more Indian Tribes shall be sub- not use funds appropriated under section 7 of are administered directly by the Service) ject to the provisions of the Indian Self-De- the Act of August 5, 1954 (42 U.S.C. 2004a), to for— termination and Education Assistance Act provide sanitation facilities to new homes ‘‘(1) any funds appropriated pursuant to (25 U.S.C. 450 et seq.). constructed using funds provided by the De- this section; and ‘‘(f) DEVELOPMENT OF INNOVATIVE AP- partment of Housing and Urban Develop- ‘‘(2) any funds appropriated for the purpose PROACHES.—The Secretary shall consult and ment; of providing sanitation facilities. cooperate with Indian Tribes, Tribal Organi- ‘‘(4) the Secretary of Health and Human ‘‘(h) REPORT.— zations, and Urban Indian Organizations in Services is authorized to accept from any ‘‘(1) REQUIRED; CONTENTS.—The Secretary, developing innovative approaches to address source, including Federal and State agen- in consultation with the Secretary of Hous- all or part of the total unmet need for con- cies, funds for the purpose of providing sani- ing and Urban Development, Indian Tribes, struction of health facilities, including those tation facilities and services and place these Tribal Organizations, and tribally designated provided for in other sections of this title funds into contracts or compacts under the housing entities (as defined in section 4 of and other approaches. Indian Self-Determination and Education the Native American Housing Assistance and ‘‘SEC. 302. SANITATION FACILITIES. Assistance Act (25 U.S.C. 450 et seq.); Self-Determination Act of 1996 (25 U.S.C. ‘‘(a) FINDINGS.—Congress finds the fol- ‘‘(5) except as otherwise prohibited by this 4103)) shall submit to the President, for in- lowing: section, the Secretary may use funds appro- clusion in the report required to be trans- ‘‘(1) The provision of sanitation facilities is priated under the authority of section 7 of mitted to Congress under section 801, a re- primarily a health consideration and func- the Act of August 5, 1954 (42 U.S.C. 2004a) to port which sets forth— tion. meet matching or cost participation require- ‘‘(A) the current Indian sanitation facility ‘‘(2) Indian people suffer an inordinately ments under other Federal and non-Federal priority system of the Service; high incidence of disease, injury, and illness programs for new projects to construct eligi- ‘‘(B) the methodology for determining directly attributable to the absence or inad- ble sanitation facilities; sanitation deficiencies and needs; equacy of sanitation facilities. ‘‘(6) all Federal agencies are authorized to ‘‘(C) the criteria on which the deficiencies ‘‘(3) The long-term cost to the United transfer to the Secretary funds identified, and needs will be evaluated; States of treating and curing such disease, granted, loaned, or appropriated whereby the ‘‘(D) the level of initial and final sanita- injury, and illness is substantially greater Department’s applicable policies, rules, and tion deficiency for each type of sanitation than the short-term cost of providing sanita- regulations shall apply in the implementa- facility for each project of each Indian Tribe tion facilities and other preventive health tion of such projects; or Indian community; measures. ‘‘(7) the Secretary of Health and Human ‘‘(E) the amount and most effective use of ‘‘(4) Many Indian homes and Indian com- Services shall enter into interagency agree- funds, derived from whatever source, nec- munities still lack sanitation facilities. ments with Federal and State agencies for essary to accommodate the sanitation facili- ‘‘(5) It is in the interest of the United the purpose of providing financial assistance ties needs of new homes assisted with funds States, and it is the policy of the United for sanitation facilities and services under under the Native American Housing Assist- States, that all Indian communities and In- this Act; ance and Self-Determination Act (25 U.S.C. dian homes, new and existing, be provided ‘‘(8) the Secretary of Health and Human 4101 et seq.), and to reduce the identified with sanitation facilities. Services shall, by regulation, establish sanitation deficiency levels of all Indian ‘‘(b) FACILITIES AND SERVICES.—In further- standards applicable to the planning, design, Tribes and Indian communities to level I ance of the findings made in subsection (a), and construction of sanitation facilities sanitation deficiency as defined in paragraph Congress reaffirms the primary responsi- funded under this Act; and (3)(A); and bility and authority of the Service to provide ‘‘(9) the Secretary of Health and Human ‘‘(F) a 10-year plan to provide sanitation the necessary sanitation facilities and serv- Services is authorized to accept payments facilities to serve existing Indian homes and ices as provided in section 7 of the Act of Au- for goods and services furnished by the Serv- Indian communities and new and renovated gust 5, 1954 (42 U.S.C. 2004a). Under such au- ice from appropriate public authorities, non- Indian homes. thority, the Secretary, acting through the profit organizations or agencies, or Indian ‘‘(2) UNIFORM METHODOLOGY.—The method- Service, is authorized to provide the fol- Tribes, as contributions by that authority, ology used by the Secretary in determining, lowing: organization, agency, or tribe to agreements preparing cost estimates for, and reporting ‘‘(1) Financial and technical assistance to made under section 7 of the Act of August 5, sanitation deficiencies for purposes of para- Indian Tribes, Tribal Organizations, and In- 1954 (42 U.S.C. 2004a), and such payments graph (1) shall be applied uniformly to all In- dian communities in the establishment, shall be credited to the same or subsequent dian Tribes and Indian communities. training, and equipping of utility organiza- appropriation account as funds appropriated ‘‘(3) SANITATION DEFICIENCY LEVELS.—For tions to operate and maintain sanitation fa- under the authority of section 7 of the Act of purposes of this subsection, the sanitation cilities, including the provision of existing August 5, 1954 (42 U.S.C. 2004a). deficiency levels for an individual, Indian plans, standard details, and specifications ‘‘(d) CERTAIN CAPABILITIES NOT PRE- Tribe, or Indian community sanitation facil- available in the Department, to be used at REQUISITE.—The financial and technical ca- ity to serve Indian homes are determined as the option of the Indian Tribe, Tribal Orga- pability of an Indian Tribe, Tribal Organiza- follows: nization, or Indian community. tion, or Indian community to safely operate, ‘‘(A) A level I deficiency exists if a sanita- manage, and maintain a sanitation facility ‘‘(2) Ongoing technical assistance and tion facility serving an individual, Indian shall not be a prerequisite to the provision training to Indian Tribes, Tribal Organiza- Tribe, or Indian community— or construction of sanitation facilities by tions, and Indian communities in the man- ‘‘(i) complies with all applicable water sup- the Secretary. agement of utility organizations which oper- ply, pollution control, and solid waste dis- ‘‘(e) FINANCIAL ASSISTANCE.—The Sec- ate and maintain sanitation facilities. retary is authorized to provide financial as- posal laws; and ‘‘(3) Priority funding for operation and sistance to Indian Tribes, Tribal Organiza- ‘‘(ii) deficiencies relate to routine replace- maintenance assistance for, and emergency tions, and Indian communities for operation, ment, repair, or maintenance needs. repairs to, sanitation facilities operated by management, and maintenance of their sani- ‘‘(B) A level II deficiency exists if a sanita- an Indian Tribe, Tribal Organization or In- tation facilities. tion facility serving an individual, Indian dian community when necessary to avoid an ‘‘(f) OPERATION, MANAGEMENT, AND MAINTE- Tribe, or Indian community substantially or imminent health threat or to protect the in- NANCE OF FACILITIES.—The Indian Tribe has recently complied with all applicable water vestment in sanitation facilities and the in- the primary responsibility to establish, col- supply, pollution control, and solid waste vestment in the health benefits gained lect, and use reasonable user fees, or other- laws and any deficiencies relate to— through the provision of sanitation facili- wise set aside funding, for the purpose of op- ‘‘(i) small or minor capital improvements ties. erating, managing, and maintaining sanita- needed to bring the facility back into com- ‘‘(c) FUNDING.—Notwithstanding any other tion facilities. If a sanitation facility serving pliance; provision of law— a community that is operated by an Indian ‘‘(ii) capital improvements that are nec- ‘‘(1) the Secretary of Housing and Urban Tribe or Tribal Organization is threatened essary to enlarge or improve the facilities in Development is authorized to transfer funds with imminent failure and such operator order to meet the current needs for domestic appropriated under the Native American lacks capacity to maintain the integrity or sanitation facilities; or

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00119 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11766 CONGRESSIONAL RECORD — SENATE December 8, 2006 ‘‘(iii) the lack of equipment or training by tracts for the construction or renovation of the Secretary additional information pursu- an Indian Tribe, Tribal Organization, or an health care facilities, staff quarters, and ant to regulations, including additional Indian community to properly operate and sanitation facilities, and related support in- staffing, equipment, and other costs associ- maintain the sanitation facilities. frastructure, funded in whole or in part with ated with the expansion. ‘‘(C) A level III deficiency exists if a sani- funds made available pursuant to this title, ‘‘(e) CLOSURE OR CONVERSION OF FACILI- tation facility serving an individual, Indian shall contain a provision requiring compli- TIES.—If any Service facility which has been Tribe or Indian community meets 1 or more ance with subchapter IV of chapter 31 of title expanded, renovated, or modernized by an In- of the following conditions— 40, United States Code (commonly known as dian Tribe or Tribal Organization under this ‘‘(i) water or sewer service in the home is the ‘Davis-Bacon Act’), unless such construc- section ceases to be used as a Service facility provided by a haul system with holding tion or renovation— during the 20-year period beginning on the tanks and interior plumbing; ‘‘(A) is performed by a contractor pursuant date such expansion, renovation, or mod- ‘‘(ii) major significant interruptions to to a contract with an Indian Tribe or Tribal ernization is completed, such Indian Tribe or water supply or sewage disposal occur fre- Organization with funds supplied through a Tribal Organization shall be entitled to re- quently, requiring major capital improve- contract or compact authorized by the In- cover from the United States an amount ments to correct the deficiencies; or dian Self-Determination and Education As- which bears the same ratio to the value of ‘‘(iii) there is no access to or no approved sistance Act (25 U.S.C. 450 et seq.), or other such facility at the time of such cessation as or permitted solid waste facility available. statutory authority; and the value of such expansion, renovation, or ‘‘(D) A level IV deficiency exists— ‘‘(B) is subject to prevailing wage rates for modernization (less the total amount of any ‘‘(i) if a sanitation facility for an indi- similar construction or renovation in the lo- funds provided specifically for such facility vidual home, an Indian Tribe, or an Indian cality as determined by the Indian Tribes or under any Federal program that were ex- community exists but— Tribal Organizations to be served by the con- pended for such expansion, renovation, or ‘‘(I) lacks— struction or renovation. modernization) bore to the value of such fa- ‘‘(aa) a safe water supply system; or ‘‘(2) EXCEPTION.—This subsection shall not cility at the time of the completion of such ‘‘(bb) a waste disposal system; apply to construction or renovation carried expansion, renovation, or modernization. ‘‘(II) contains no piped water or sewer fa- out by an Indian Tribe or Tribal Organiza- ‘‘SEC. 305. FUNDING FOR THE CONSTRUCTION, cilities; or tion with its own employees. EXPANSION, AND MODERNIZATION OF SMALL AMBULATORY CARE FA- ‘‘(III) has become inoperable due to a ‘‘SEC. 304. EXPENDITURE OF NON-SERVICE CILITIES. FUNDS FOR RENOVATION. major component failure; or ‘‘(a) GRANTS.— ‘‘(a) IN GENERAL.—Notwithstanding any ‘‘(ii) if only a washeteria or central facility ‘‘(1) IN GENERAL.—The Secretary, acting other provision of law, if the requirements of exists in the community. through the Service, shall make grants to subsection (c) are met, the Secretary, acting ‘‘(E) A level V deficiency exists in the ab- Indian Tribes and Tribal Organizations for through the Service, is authorized to accept sence of a sanitation facility, where indi- the construction, expansion, or moderniza- any major expansion, renovation, or mod- vidual homes do not have access to safe tion of facilities for the provision of ambula- drinking water or adequate wastewater (in- ernization by any Indian Tribe or Tribal Or- ganization of any Service facility or of any tory care services to eligible Indians (and cluding sewage) disposal. noneligible persons pursuant to subsections ‘‘(i) DEFINITIONS.—For purposes of this sec- other Indian health facility operated pursu- (b)(2) and (c)(1)(C)). A grant made under this tion, the following terms apply: ant to a contract or compact under the In- section may cover up to 100 percent of the ‘‘(1) INDIAN COMMUNITY.—The term ‘Indian dian Self-Determination and Education As- costs of such construction, expansion, or community’ means a geographic area, a sig- sistance Act (25 U.S.C. 450 et seq.), includ- modernization. For the purposes of this sec- nificant proportion of whose inhabitants are ing— tion, the term ‘construction’ includes the re- Indians and which is served by or capable of ‘‘(1) any plans or designs for such expan- placement of an existing facility. being served by a facility described in this sion, renovation, or modernization; and ‘‘(2) GRANT AGREEMENT REQUIRED.—A grant section. ‘‘(2) any expansion, renovation, or mod- under paragraph (1) may only be made avail- ‘‘(2) SANITATION FACILITIES.—The terms ernization for which funds appropriated able to a Tribal Health Program operating ‘sanitation facility’ and ‘sanitation facili- under any Federal law were lawfully ex- an Indian health facility (other than a facil- ties’ mean safe and adequate water supply pended. ity owned or constructed by the Service, in- systems, sanitary sewage disposal systems, ‘‘(b) PRIORITY LIST.— cluding a facility originally owned or con- and sanitary solid waste systems (and all re- ‘‘(1) IN GENERAL.—The Secretary shall structed by the Service and transferred to an lated equipment and support infrastructure). maintain a separate priority list to address the needs for increased operating expenses, Indian Tribe or Tribal Organization). ‘‘SEC. 303. PREFERENCE TO INDIANS AND INDIAN ‘‘(b) USE OF GRANT FUNDS.— FIRMS. personnel, or equipment for such facilities. ‘‘(1) ALLOWABLE USES.—A grant awarded ‘‘(a) BUY INDIAN ACT.—The Secretary, act- The methodology for establishing priorities under this section may be used for the con- ing through the Service, may use the negoti- shall be developed through regulations. The struction, expansion, or modernization (in- ating authority of section 23 of the Act of list of priority facilities will be revised annu- cluding the planning and design of such con- June 25, 1910 (25 U.S.C. 47, commonly known ally in consultation with Indian Tribes and struction, expansion, or modernization) of an as the ‘Buy Indian Act’), to give preference Tribal Organizations. to any Indian or any enterprise, partnership, ‘‘(2) REPORT.—The Secretary shall submit ambulatory care facility— corporation, or other type of business orga- to the President, for inclusion in the report ‘‘(A) located apart from a hospital; nization owned and controlled by an Indian required to be transmitted to Congress under ‘‘(B) not funded under section 301 or sec- or Indians including former or currently fed- section 801, the priority list maintained pur- tion 307; and erally recognized Indian Tribes in the State suant to paragraph (1). ‘‘(C) which, upon completion of such con- of New York (hereinafter referred to as an ‘‘(c) REQUIREMENTS.—The requirements of struction or modernization will— ‘Indian firm’) in the construction and ren- this subsection are met with respect to any ‘‘(i) have a total capacity appropriate to ovation of Service facilities pursuant to sec- expansion, renovation, or modernization if— its projected service population; tion 301 and in the construction of sanitation ‘‘(1) the Indian Tribe or Tribal Organiza- ‘‘(ii) provide annually no fewer than 150 pa- facilities pursuant to section 302. Such pref- tion— tient visits by eligible Indians and other erence may be accorded by the Secretary un- ‘‘(A) provides notice to the Secretary of its users who are eligible for services in such fa- less the Secretary finds, pursuant to regula- intent to expand, renovate, or modernize; cility in accordance with section 807(c)(2); tions, that the project or function to be con- and and tracted for will not be satisfactory or such ‘‘(B) applies to the Secretary to be placed ‘‘(iii) provide ambulatory care in a Service project or function cannot be properly com- on a separate priority list to address the Area (specified in the contract or compact pleted or maintained under the proposed con- needs of such new facilities for increased op- under the Indian Self-Determination and tract. The Secretary, in arriving at such a erating expenses, personnel, or equipment; Education Assistance Act (25 U.S.C. 450 et finding, shall consider whether the Indian or and seq.)) with a population of no fewer than Indian firm will be deficient with respect ‘‘(2) the expansion, renovation, or mod- 1,500 eligible Indians and other users who are to— ernization— eligible for services in such facility in ac- ‘‘(1) ownership and control by Indians; ‘‘(A) is approved by the appropriate area cordance with section 807(c)(2). ‘‘(2) equipment; director of the Service for Federal facilities; ‘‘(2) ADDITIONAL ALLOWABLE USE.—The Sec- ‘‘(3) bookkeeping and accounting proce- and retary may also reserve a portion of the dures; ‘‘(B) is administered by the Indian Tribe or funding provided under this section and use ‘‘(4) substantive knowledge of the project Tribal Organization in accordance with any those reserved funds to reduce an out- or function to be contracted for; applicable regulations prescribed by the Sec- standing debt incurred by Indian Tribes or ‘‘(5) adequately trained personnel; or retary with respect to construction or ren- Tribal Organizations for the construction, ‘‘(6) other necessary components of con- ovation of Service facilities. expansion, or modernization of an ambula- tract performance. ‘‘(d) ADDITIONAL REQUIREMENT FOR EXPAN- tory care facility that meets the require- ‘‘(b) LABOR STANDARDS.— SION.—In addition to the requirements under ments under paragraph (1). The provisions of ‘‘(1) IN GENERAL.—For the purposes of im- subsection (c), for any expansion, the Indian this section shall apply, except that such ap- plementing the provisions of this title, con- Tribe or Tribal Organization shall provide to plications for funding under this paragraph

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00120 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11767 shall be considered separately from applica- may authorize funding for the construction planning, design, construction, renovation, tions for funding under paragraph (1). and renovation of hospitals, health centers, and expansion needs of Service and non-Serv- ‘‘(3) USE ONLY FOR CERTAIN PORTION OF health stations, and other facilities to de- ice facilities which are the subject of a con- COSTS.—A grant provided under this section liver health care services and is authorized tract or compact under the Indian Self-De- may be used only for the cost of that portion to— termination and Education Assistance Act of a construction, expansion, or moderniza- ‘‘(1) waive any leasing prohibition; (25 U.S.C. 450 et seq.) for health services are tion project that benefits the Service popu- ‘‘(2) permit carryover of funds appropriated fully and equitably integrated into the im- lation identified above in subsection (b)(1)(C) for the provision of health care services; plementation of the health care delivery (ii) and (iii). The requirements of clauses (ii) ‘‘(3) permit the use of other available demonstration projects under this section. and (iii) of paragraph (1)(C) shall not apply funds; ‘‘SEC. 307. LAND TRANSFER. to an Indian Tribe or Tribal Organization ap- ‘‘(4) permit the use of funds or property do- ‘‘Notwithstanding any other provision of plying for a grant under this section for a nated from any source for project purposes; law, the Bureau of Indian Affairs and all health care facility located or to be con- ‘‘(5) provide for the reversion of donated other agencies and departments of the structed on an island or when such facility is real or personal property to the donor; and United States are authorized to transfer, at not located on a road system providing di- ‘‘(6) permit the use of Service funds to no cost, land and improvements to the Serv- rect access to an inpatient hospital where match other funds, including Federal funds. ice for the provision of health care services. care is available to the Service population. ‘‘(c) REGULATIONS.—The Secretary shall de- The Secretary is authorized to accept such ‘‘(c) GRANTS.— velop and promulgate regulations, not later land and improvements for such purposes. ‘‘(1) APPLICATION.—No grant may be made than 1 year after the date of enactment of ‘‘SEC. 308. LEASES, CONTRACTS, AND OTHER under this section unless an application or the Indian Health Care Improvement Act AGREEMENTS. proposal for the grant has been approved by Amendments of 2006, for the review and ap- ‘‘The Secretary, acting through the Serv- the Secretary in accordance with applicable proval of applications submitted under this ice, may enter into leases, contracts, and regulations and has set forth reasonable as- section. other agreements with Indian Tribes and surance by the applicant that, at all times ‘‘(d) CRITERIA.—The Secretary may ap- Tribal Organizations which hold (1) title to, after the construction, expansion, or mod- prove projects that meet the following cri- (2) a leasehold interest in, or (3) a beneficial ernization of a facility carried out using a teria: interest in (when title is held by the United grant received under this section— ‘‘(1) There is a need for a new facility or States in trust for the benefit of an Indian ‘‘(A) adequate financial support will be program or the reorientation of an existing Tribe) facilities used or to be used for the ad- available for the provision of services at such facility or program. ministration and delivery of health services facility; ‘‘(2) A significant number of Indians, in- by an Indian Health Program. Such leases, ‘‘(B) such facility will be available to eligi- cluding those with low health status, will be contracts, or agreements may include provi- ble Indians without regard to ability to pay served by the project. sions for construction or renovation and pro- or source of payment; and ‘‘(3) The project has the potential to de- vide for compensation to the Indian Tribe or ‘‘(C) such facility will, as feasible without liver services in an efficient and effective Tribal Organization of rental and other costs diminishing the quality or quantity of serv- manner. consistent with section 105(l) of the Indian ices provided to eligible Indians, serve non- ‘‘(4) The project is economically viable. Self-Determination and Education Assist- eligible persons on a cost basis. ‘‘(5) The Indian Tribe or Tribal Organiza- ance Act (25 U.S.C. 450j(l)) and regulations ‘‘(2) PRIORITY.—In awarding grants under tion has the administrative and financial ca- thereunder. this section, the Secretary shall give pri- pability to administer the project. ‘‘(6) The project is integrated with pro- ‘‘SEC. 309. STUDY ON LOANS, LOAN GUARANTEES, ority to Indian Tribes and Tribal Organiza- AND LOAN REPAYMENT. tions that demonstrate— viders of related health and social services ‘‘(a) IN GENERAL.—The Secretary, in con- and is coordinated with, and avoids duplica- ‘‘(A) a need for increased ambulatory care sultation with the Secretary of the Treas- tion of, existing services. services; and ury, Indian Tribes, and Tribal Organizations, ‘‘(e) PEER REVIEW PANELS.—The Secretary ‘‘(B) insufficient capacity to deliver such shall carry out a study to determine the fea- services. may provide for the establishment of peer review panels, as necessary, to review and sibility of establishing a loan fund to provide ‘‘(3) PEER REVIEW PANELS.—The Secretary to Indian Tribes and Tribal Organizations di- may provide for the establishment of peer reevaluate applications using the criteria developed pursuant to subsection (d). rect loans or guarantees for loans for the view panels, as necessary, to review and construction of health care facilities, includ- evaluate applications and proposals and to ‘‘(f) PRIORITY.—The Secretary shall give priority to applications for demonstration ing— advise the Secretary regarding such applica- ‘‘(1) inpatient facilities; tions using the criteria developed pursuant projects in each of the following Service Units to the extent that such applications ‘‘(2) outpatient facilities; to subsection (a)(1). ‘‘(3) staff quarters; ‘‘(d) REVERSION OF FACILITIES.—If any fa- are timely filed and meet the criteria speci- ‘‘(4) hostels; and cility (or portion thereof) with respect to fied in subsection (d): ‘‘(5) specialized care facilities, such as be- which funds have been paid under this sec- ‘‘(1) Cass Lake, Minnesota. havioral health and elder care facilities. tion, ceases, at any time after completion of ‘‘(2) Clinton, Oklahoma. ‘‘(b) DETERMINATIONS.—In carrying out the the construction, expansion, or moderniza- ‘‘(3) Harlem, Montana. study under subsection (a), the Secretary tion carried out with such funds, to be used ‘‘(4) Mescalero, New Mexico. shall determine— for the purposes of providing health care ‘‘(5) Owyhee, Nevada. ‘‘(1) the maximum principal amount of a services to eligible Indians, all of the right, ‘‘(6) Parker, Arizona. loan or loan guarantee that should be offered title, and interest in and to such facility (or ‘‘(7) Schurz, Nevada. to a recipient from the loan fund; portion thereof) shall transfer to the United ‘‘(8) Winnebago, Nebraska. States unless otherwise negotiated by the ‘‘(9) Ft. Yuma, California. ‘‘(2) the percentage of eligible costs, not to Service and the Indian Tribe or Tribal Orga- ‘‘(g) TECHNICAL ASSISTANCE.—The Sec- exceed 100 percent, that may be covered by a nization. retary shall provide such technical and other loan or loan guarantee from the loan fund ‘‘(e) FUNDING NONRECURRING.—Funding assistance as may be necessary to enable ap- (including costs relating to planning, design, provided under this section shall be non- plicants to comply with the provisions of financing, site land development, construc- recurring and shall not be available for in- this section. tion, rehabilitation, renovation, conversion, clusion in any individual Indian Tribe’s trib- ‘‘(h) SERVICE TO INELIGIBLE PERSONS.—Sub- improvements, medical equipment and fur- al share for an award under the Indian Self- ject to section 807, the authority to provide nishings, and other facility-related costs and Determination and Education Assistance Act services to persons otherwise ineligible for capital purchase (but excluding staffing)); (25 U.S.C. 450 et seq.) or for reallocation or the health care benefits of the Service and ‘‘(3) the cumulative total of the principal redesign thereunder. the authority to extend hospital privileges in of direct loans and loan guarantees, respec- ‘‘SEC. 306. INDIAN HEALTH CARE DELIVERY DEM- Service facilities to non-Service health prac- tively, that may be outstanding at any 1 ONSTRATION PROJECT. titioners as provided in section 807 may be time; ‘‘(a) HEALTH CARE DEMONSTRATION included, subject to the terms of such sec- ‘‘(4) the maximum term of a loan or loan PROJECTS.—The Secretary, acting through tion, in any demonstration project approved guarantee that may be made for a facility the Service, is authorized to enter into con- pursuant to this section. from the loan fund; struction agreements under the Indian Self- ‘‘(i) EQUITABLE TREATMENT.—For purposes ‘‘(5) the maximum percentage of funds Determination and Education Assistance Act of subsection (d)(1), the Secretary shall, in from the loan fund that should be allocated (25 U.S.C. 450 et seq.) with Indian Tribes or evaluating facilities operated under any con- for payment of costs associated with plan- Tribal Organizations for the purpose of car- tract or compact under the Indian Self-De- ning and applying for a loan or loan guar- rying out a health care delivery demonstra- termination and Education Assistance Act antee; tion project to test alternative means of de- (25 U.S.C. 450 et seq.), use the same criteria ‘‘(6) whether acceptance by the Secretary livering health care and services to Indians that the Secretary uses in evaluating facili- of an assignment of the revenue of an Indian through facilities. ties operated directly by the Service. Tribe or Tribal Organization as security for ‘‘(b) USE OF FUNDS.—The Secretary, in ap- ‘‘(j) EQUITABLE INTEGRATION OF FACILI- any direct loan or loan guarantee from the proving projects pursuant to this section, TIES.—The Secretary shall ensure that the loan fund would be appropriate;

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00121 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11768 CONGRESSIONAL RECORD — SENATE December 8, 2006 ‘‘(7) whether, in the planning and design of tered into a written agreement with the Sec- funds for renovation, modernization, and ex- health facilities under this section, users eli- retary under this section, and that breaches pansion of facilities, an Indian Tribe or Trib- gible under section 807(c) may be included in or terminates without cause such agreement, al Organization may use maintenance and any projection of patient population; shall be liable to the United States for the improvement funds for construction of a re- ‘‘(8) whether funds of the Service provided amount that has been paid to the Indian placement facility if the costs of renovation through loans or loan guarantees from the Tribe or Tribal Organization, or paid to a of such facility would exceed a maximum loan fund should be eligible for use in match- third party on the Indian Tribe’s or Tribal renovation cost threshold. The maximum ing other Federal funds under other pro- Organization’s behalf, under the agreement. renovation cost threshold shall be deter- grams; The Secretary has the right to recover tan- mined through the negotiated rulemaking ‘‘(9) the appropriateness of, and best meth- gible property (including supplies) and equip- process provided for under section 802. ods for, coordinating the loan fund with the ment, less depreciation, and any funds ex- ‘‘SEC. 314. TRIBAL MANAGEMENT OF FEDERALLY- health care priority system of the Service pended for operations and maintenance OWNED QUARTERS. under section 301; and under this section. The preceding sentence ‘‘(a) RENTAL RATES.— does not apply to any funds expended for the ‘‘(10) any legislative or regulatory changes ‘‘(1) ESTABLISHMENT.—Notwithstanding required to implement recommendations of delivery of health care services, personnel, any other provision of law, a Tribal Health the Secretary based on results of the study. or staffing. Program which operates a hospital or other ‘‘(e) RECOVERY FOR NONUSE.—An Indian ‘‘(c) REPORT.—Not later than September 30, health facility and the federally-owned quar- Tribe or Tribal Organization that has en- 2008, the Secretary shall submit to the Com- ters associated therewith pursuant to a con- tered into a written agreement with the Sec- mittee on Indian Affairs of the Senate and tract or compact under the Indian Self-De- retary under this subsection shall be entitled the Committee on Resources and the Com- termination and Education Assistance Act to recover from the United States an amount mittee on Energy and Commerce of the (25 U.S.C. 450 et seq.) shall have the author- that is proportional to the value of such fa- House of Representatives a report that de- ity to establish the rental rates charged to cility if, at any time within the 10-year term scribes— the occupants of such quarters by providing of the agreement, the Service ceases to use ‘‘(1) the manner of consultation made as notice to the Secretary of its election to ex- the facility or otherwise breaches the agree- required by subsection (a); and ercise such authority, provided that the ‘‘(2) the results of the study, including any ment. ‘‘(f) DEFINITION.—For the purposes of this method for establishing such rates be identi- recommendations of the Secretary based on fied according to guidelines (such as OMB results of the study. section, the term ‘health facility’ or ‘health facilities’ includes quarters needed to pro- Circular A–45) which will ensure that rents ‘‘SEC. 310. TRIBAL LEASING. shall be collected, that the rents are fair and ‘‘A Tribal Health Program may lease per- vide housing for staff of the relevant Tribal Health Program. reasonable, and that the tenants are not manent structures for the purpose of pro- treated inequitably relative to other similar ‘‘SEC. 312. LOCATION OF FACILITIES. viding health care services without obtain- quarters, such as for the Bureau of Indian Af- ‘‘(a) IN GENERAL.—In all matters involving ing advance approval in appropriation Acts. fairs. ‘‘SEC. 311. INDIAN HEALTH SERVICE/TRIBAL FA- the reorganization or development of Service facilities or in the establishment of related ‘‘(2) OBJECTIVES.—In establishing rental CILITIES JOINT VENTURE PROGRAM. rates pursuant to authority of this sub- ‘‘(a) IN GENERAL.—The Secretary, acting employment projects to address unemploy- section, a Tribal Health Program shall en- through the Service, shall make arrangement conditions in economically depressed deavor to achieve the following objectives: ments with Indian Tribes and Tribal Organi- areas, the Bureau of Indian Affairs and the ‘‘(A) To base such rental rates on the rea- zations to establish joint venture demonstra- Service shall give priority to locating such sonable value of the quarters to the occu- tion projects under which an Indian Tribe or facilities and projects on Indian lands, or pants thereof. Tribal Organization shall expend tribal, pri- lands in Alaska owned by any Alaska Native ‘‘(B) To generate sufficient funds to pru- vate, or other available funds, for the acqui- village, or village or regional corporation dently provide for the operation and mainte- sition or construction of a health facility for under the Alaska Native Claims Settlement nance of the quarters, and subject to the dis- a minimum of 10 years, under a no-cost Act (25 U.S.C. 1601 et seq.), or any land allot- lease, in exchange for agreement by the ted to any Alaska Native, if requested by the cretion of the Tribal Health Program, to sup- Service to provide the equipment, supplies, Indian owner and the Indian Tribe with ju- ply reserve funds for capital repairs and re- and staffing for the operation and mainte- risdiction over such lands or other lands placement of the quarters. nance of such a health facility. An Indian owned or leased by the Indian Tribe or Tribal ‘‘(3) EQUITABLE FUNDING.—Any quarters Tribe or Tribal Organization may use tribal Organization. Top priority shall be given to whose rental rates are established by a Trib- funds, private sector, or other available re- Indian land owned by 1 or more Indian al Health Program pursuant to this sub- sources, including loan guarantees, to fulfill Tribes. section shall remain eligible for quarters im- its commitment under a joint venture en- ‘‘(b) DEFINITION.—For purposes of this sec- provement and repair funds to the same ex- tered into under this subsection. An Indian tion, the term ‘Indian lands’ means— tent as all federally-owned quarters used to Tribe or Tribal Organization shall be eligible ‘‘(1) all lands within the exterior bound- house personnel in Services-supported pro- to establish a joint venture project if, when aries of any reservation; and grams. it submits a letter of intent, it— ‘‘(2) any lands title to which is held in ‘‘(4) NOTICE OF RATE CHANGE.—A Tribal ‘‘(1) has begun but not completed the proc- trust by the United States for the benefit of Health Program which exercises the author- ess of acquisition or construction of a health any Indian Tribe or individual Indian or held ity provided under this subsection shall pro- facility to be used in the joint venture by any Indian Tribe or individual Indian sub- vide occupants with no less than 60 days no- project; or ject to restriction by the United States tice of any change in rental rates. ‘‘(2) has not begun the process of acquisi- against alienation. ‘‘(b) DIRECT COLLECTION OF RENT.— tion or construction of a health facility for ‘‘SEC. 313. MAINTENANCE AND IMPROVEMENT OF ‘‘(1) IN GENERAL.—Notwithstanding any use in the joint venture project. HEALTH CARE FACILITIES. other provision of law, and subject to para- ‘‘(b) REQUIREMENTS.—The Secretary shall ‘‘(a) REPORT.—The Secretary shall submit graph (2), a Tribal Health Program shall make such an arrangement with an Indian to the President, for inclusion in the report have the authority to collect rents directly Tribe or Tribal Organization only if— required to be transmitted to Congress under from Federal employees who occupy such ‘‘(1) the Secretary first determines that section 801, a report which identifies the quarters in accordance with the following: the Indian Tribe or Tribal Organization has backlog of maintenance and repair work re- ‘‘(A) The Tribal Health Program shall no- the administrative and financial capabilities quired at both Service and tribal health care tify the Secretary and the subject Federal necessary to complete the timely acquisition facilities, including new health care facili- employees of its election to exercise its au- or construction of the relevant health facil- ties expected to be in operation in the next thority to collect rents directly from such ity; and fiscal year. The report shall also identify the Federal employees. ‘‘(2) the Indian Tribe or Tribal Organiza- need for renovation and expansion of exist- ‘‘(B) Upon receipt of a notice described in tion meets the need criteria determined ing facilities to support the growth of health subparagraph (A), the Federal employees using the criteria developed under the health care programs. shall pay rents for occupancy of such quar- care facility priority system under section ‘‘(b) MAINTENANCE OF NEWLY CONSTRUCTED ters directly to the Tribal Health Program 301, unless the Secretary determines, pursu- SPACE.—The Secretary, acting through the and the Secretary shall have no further au- ant to regulations, that other criteria will Service, is authorized to expend mainte- thority to collect rents from such employees result in a more cost-effective and efficient nance and improvement funds to support through payroll deduction or otherwise. method of facilitating and completing con- maintenance of newly constructed space ‘‘(C) Such rent payments shall be retained struction of health care facilities. only if such space falls within the approved by the Tribal Health Program and shall not ‘‘(c) CONTINUED OPERATION.—The Secretary supportable space allocation for the Indian be made payable to or otherwise be deposited shall negotiate an agreement with the Indian Tribe or Tribal Organization. Supportable with the United States. Tribe or Tribal Organization regarding the space allocation shall be defined through the ‘‘(D) Such rent payments shall be deposited continued operation of the facility at the end health care facility priority system under into a separate account which shall be used of the initial 10 year no-cost lease period. section 301(c). by the Tribal Health Program for the main- ‘‘(d) BREACH OF AGREEMENT.—An Indian ‘‘(c) REPLACEMENT FACILITIES.—In addition tenance (including capital repairs and re- Tribe or Tribal Organization that has en- to using maintenance and improvement placement) and operation of the quarters and

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00122 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11769 facilities as the Tribal Health Program shall cal year through fiscal year 2016 to carry out or maintain compliance with the conditions determine. this title. and requirements applicable generally to ‘‘(2) RETROCESSION OF AUTHORITY.—If a ‘‘TITLE IV—ACCESS TO HEALTH SERVICES such items and services under the program Tribal Health Program which has made an under such title and to provide additional ‘‘SEC. 401. TREATMENT OF PAYMENTS UNDER SO- election under paragraph (1) requests ret- CIAL SECURITY ACT HEALTH BENE- health care services, improvements in health rocession of its authority to directly collect FITS PROGRAMS. care facilities and Tribal Health Programs, rents from Federal employees occupying fed- ‘‘(a) DISREGARD OF MEDICARE, MEDICAID, any health care related purpose, or otherwise erally-owned quarters, such retrocession AND SCHIP PAYMENTS IN DETERMINING AP- to achieve the objectives provided in section shall become effective on the earlier of— PROPRIATIONS.—Any payments received by an 3 of this Act. ‘‘(A) the first day of the month that begins Indian Health Program or by an Urban In- ‘‘(B) AUDITS.—The amounts paid to a Trib- no less than 180 days after the Tribal Health dian Organization under title XVIII, XIX, or al Health Program making the election de- Program notifies the Secretary of its desire XXI of the Social Security Act for services scribed in paragraph (1) with respect to a to retrocede; or provided to Indians eligible for benefits program under a title of the Social Security ‘‘(B) such other date as may be mutually under such respective titles shall not be con- Act shall be subject to all auditing require- agreed by the Secretary and the Tribal sidered in determining appropriations for the ments applicable to the program under such Health Program. provision of health care and services to Indi- title, as well as all auditing requirements ap- ‘‘(c) RATES IN ALASKA.—To the extent that ans. plicable to programs administered by an In- a Tribal Health Program, pursuant to au- ‘‘(b) NONPREFERENTIAL TREATMENT.—Noth- dian Health Program. Nothing in the pre- thority granted in subsection (a), establishes ing in this Act authorizes the Secretary to ceding sentence shall be construed as lim- rental rates for federally-owned quarters provide services to an Indian with coverage iting the application of auditing require- provided to a Federal employee in Alaska, under title XVIII, XIX, or XXI of the Social ments applicable to amounts paid under title such rents may be based on the cost of com- Security Act in preference to an Indian with- XVIII, XIX, or XXI of the Social Security parable private rental housing in the nearest out such coverage. Act. established community with a year-round SE OF FUNDS.— ‘‘(C) IDENTIFICATION OF SOURCE OF PAY- population of 1,500 or more individuals. ‘‘(c) U ‘‘(1) SPECIAL FUND.— MENTS.—Any Tribal Health Program that re- ‘‘SEC. 315. APPLICABILITY OF BUY AMERICAN ACT REQUIREMENT. ‘‘(A) 100 PERCENT PASS-THROUGH OF PAY- ceives reimbursements or payments under MENTS DUE TO FACILITIES title XVIII, XIX, or XXI of the Social Secu- ‘‘(a) APPLICABILITY.—The Secretary shall .—Notwithstanding ensure that the requirements of the Buy any other provision of law, but subject to rity Act, shall provide to the Service a list of American Act apply to all procurements paragraph (2), payments to which a facility each provider enrollment number (or other made with funds provided pursuant to sec- of the Service is entitled by reason of a pro- identifier) under which such Program re- tion 317. Indian Tribes and Tribal Organiza- vision of the Social Security Act shall be ceives such reimbursements or payments. tions shall be exempt from these require- placed in a special fund to be held by the ‘‘(3) EXAMINATION AND IMPLEMENTATION OF ments. Secretary. In making payments from such CHANGES.— ‘‘(b) EFFECT OF VIOLATION.—If it has been fund, the Secretary shall ensure that each ‘‘(A) IN GENERAL.—The Secretary, acting finally determined by a court or Federal Service Unit of the Service receives 100 per- through the Service and with the assistance agency that any person intentionally affixed cent of the amount to which the facilities of of the Administrator of the Centers for Medi- a label bearing a ‘Made in America’ inscrip- the Service, for which such Service Unit care & Medicaid Services, shall examine on tion or any inscription with the same mean- makes collections, are entitled by reason of an ongoing basis and implement any admin- ing, to any product sold in or shipped to the a provision of the Social Security Act. istrative changes that may be necessary to United States that is not made in the United ‘‘(B) USE OF FUNDS.—Amounts received by facilitate direct billing and reimbursement States, such person shall be ineligible to re- a facility of the Service under subparagraph under the program established under this ceive any contract or subcontract made with (A) shall first be used (to such extent or in subsection, including any agreements with funds provided pursuant to section 317, pur- such amounts as are provided in appropria- States that may be necessary to provide for suant to the debarment, suspension, and in- tion Acts) for the purpose of making any im- direct billing under a program under a title eligibility procedures described in sections provements in the programs of the Service of the Social Security Act. 9.400 through 9.409 of title 48, Code of Federal operated by or through such facility which ‘‘(B) COORDINATION OF INFORMATION.—The Regulations. may be necessary to achieve or maintain Service shall provide the Administrator of ‘‘(c) DEFINITIONS.—For purposes of this sec- compliance with the applicable conditions the Centers for Medicare & Medicaid Serv- tion, the term ‘Buy American Act’ means and requirements of titles XVIII and XIX of ices with copies of the lists submitted to the title III of the Act entitled ‘An Act making the Social Security Act. Any amounts so re- Service under paragraph (2)(C), enrollment appropriations for the Treasury and Post Of- ceived that are in excess of the amount nec- data regarding patients served by the Serv- fice Departments for the fiscal year ending essary to achieve or maintain such condi- ice (and by Tribal Health Programs, to the June 30, 1934, and for other purposes’, ap- tions and requirements shall, subject to con- extent such data is available to the Service), proved March 3, 1933 (41 U.S.C. 10a et seq.). sultation with the Indian Tribes being served and such other information as the Adminis- ‘‘SEC. 316. OTHER FUNDING FOR FACILITIES. by the Service Unit, be used for reducing the trator may require for purposes of admin- ‘‘(a) AUTHORITY TO ACCEPT FUNDS.—The health resource deficiencies (as determined istering title XVIII, XIX, or XXI of the So- Secretary is authorized to accept from any under section 201(d)) of such Indian Tribes. cial Security Act. source, including Federal and State agen- ‘‘(2) DIRECT PAYMENT OPTION.—Paragraph ‘‘(4) WITHDRAWAL FROM PROGRAM.—A Tribal cies, funds that are available for the con- (1) shall not apply to a Tribal Health Pro- Health Program that bills directly under the struction of health care facilities and use gram upon the election of such Program program established under this subsection such funds to plan, design, and construct under subsection (d) to receive payments di- may withdraw from participation in the health care facilities for Indians and to place such funds into a contract or compact under rectly. No payment may be made out of the same manner and under the same conditions the Indian Self-Determination and Edu- special fund described in such paragraph that an Indian Tribe or Tribal Organization cation Assistance Act (25 U.S.C. 450 et seq.). with respect to reimbursement made for may retrocede a contracted program to the Receipt of such funds shall have no effect on services provided by such Program during Secretary under the authority of the Indian the priorities established pursuant to section the period of such election. Self-Determination and Education Assist- 301. ‘‘(d) DIRECT BILLING.— ance Act (25 U.S.C. 450 et seq.). All cost ac- ‘‘(b) INTERAGENCY AGREEMENTS.—The Sec- ‘‘(1) IN GENERAL.—Subject to complying counting and billing authority under the retary is authorized to enter into inter- with the requirements of paragraph (2), a program established under this subsection agency agreements with other Federal agen- Tribal Health Program may elect to directly shall be returned to the Secretary upon the cies or State agencies and other entities and bill for, and receive payment for, health care Secretary’s acceptance of the withdrawal of to accept funds from such Federal or State items and services provided by such Program participation in this program. agencies or other sources to provide for the for which payment is made under title XVIII ‘‘(5) TERMINATION FOR FAILURE TO COMPLY planning, design, and construction of health or XIX of the Social Security Act or from WITH REQUIREMENTS.—The Secretary may care facilities to be administered by Indian any other third party payor. terminate the participation of a Tribal Health Programs in order to carry out the ‘‘(2) DIRECT REIMBURSEMENT.— Health Program or in the direct billing pro- purposes of this Act and the purposes for ‘‘(A) USE OF FUNDS.—Each Tribal Health gram established under this subsection if the which the funds were appropriated or for Program making the election described in Secretary determines that the Program has which the funds were otherwise provided. paragraph (1) with respect to a program failed to comply with the requirements of ‘‘(c) ESTABLISHMENT OF STANDARDS.—The under a title of the Social Security Act shall paragraph (2). The Secretary shall provide a Secretary, through the Service, shall estab- be reimbursed directly by that program for Tribal Health Program with notice of a de- lish standards by regulation for the plan- items and services furnished without regard termination that the Program has failed to ning, design, and construction of health care to subsection (c)(1), but all amounts so reim- comply with any such requirement and a facilities serving Indians under this Act. bursed shall be used by the Tribal Health reasonable opportunity to correct such non- ‘‘SEC. 317. AUTHORIZATION OF APPROPRIATIONS. Program for the purpose of making any im- compliance prior to terminating the Pro- ‘‘There are authorized to be appropriated provements in facilities of the Tribal Health gram’s participation in the direct billing such sums as may be necessary for each fis- Program that may be necessary to achieve program established under this subsection.

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‘‘(e) RELATED PROVISIONS UNDER THE SO- items and services to Indians under the pro- ‘‘(i) by the individual for whom health CIAL SECURITY ACT.—For provisions related grams established under title XVIII, XIX, or services were provided by the Secretary, an to subsections (c) and (d), see sections 1880, XXI of the Social Security Act. Indian Tribe, or Tribal Organization; or 1911, and 2107(e)(1)(D) of the Social Security ‘‘(e) AGREEMENTS RELATING TO IMPROVING ‘‘(ii) by any representative or heirs of such Act. ENROLLMENT OF INDIANS UNDER SOCIAL SECU- individual, or ‘‘SEC. 402. GRANTS TO AND CONTRACTS WITH RITY ACT HEALTH BENEFITS PROGRAMS.—For ‘‘(B) instituting a civil action, including a THE SERVICE, INDIAN TRIBES, TRIB- provisions relating to agreements between civil action for injunctive relief and other re- AL ORGANIZATIONS, AND URBAN IN- the Secretary, acting through the Service, lief and including, with respect to a political DIAN ORGANIZATIONS TO FACILI- and Indian Tribes, Tribal Organizations, and subdivision or local governmental entity of a TATE OUTREACH, ENROLLMENT, Urban Indian Organization for the collection, State, such an action against an official AND COVERAGE OF INDIANS UNDER thereof. SOCIAL SECURITY ACT HEALTH BEN- preparation, and submission of applications EFIT PROGRAMS AND OTHER by Indians for assistance under the Medicaid ‘‘(2) NOTICE.—All reasonable efforts shall HEALTH BENEFITS PROGRAMS. and State children’s health insurance pro- be made to provide notice of action insti- ‘‘(a) INDIAN TRIBES AND TRIBAL ORGANIZA- grams established under titles XIX and XXI tuted under paragraph (1)(B) to the indi- TIONS.—From funds appropriated to carry of the Social Security Act, and benefits vidual to whom health services were pro- out this title in accordance with section 415, under the Medicare program established vided, either before or during the pendency the Secretary, acting through the Service, under title XVIII of such Act, see sub- of such action. shall make grants to or enter into contracts sections (a) and (b) of section 1139 of the So- ‘‘(f) LIMITATION.—Absent specific written with Indian Tribes and Tribal Organizations cial Security Act. authorization by the governing body of an to assist such Tribes and Tribal Organiza- ‘‘(f) DEFINITION OF PREMIUMS AND COST Indian Tribe for the period of such authorizations in establishing and administering pro- SHARING.—In this section: tion (which may not be for a period of more grams on or near reservations and trust ‘‘(1) PREMIUM.—The term ‘premium’ in- than 1 year and which may be revoked at any lands to assist individual Indians— cludes any enrollment fee or similar charge. time upon written notice by the governing ‘‘(1) to enroll for benefits under a program ‘‘(2) COST SHARING.—The term ‘cost shar- body to the Service), the United States shall established under title XVIII, XIX, or XXI of ing’ includes any deduction, deductible, co- not have a right of recovery under this sec- the Social Security Act and other health payment, coinsurance, or similar charge. tion if the injury, illness, or disability for benefits programs; and ‘‘SEC. 403. REIMBURSEMENT FROM CERTAIN which health services were provided is cov- ‘‘(2) with respect to such programs for THIRD PARTIES OF COSTS OF ered under a self-insurance plan funded by an which the charging of premiums and cost HEALTH SERVICES. Indian Tribe, Tribal Organization, or Urban sharing is not prohibited under such pro- ‘‘(a) RIGHT OF RECOVERY.—Except as pro- Indian Organization. Where such authoriza- grams, to pay premiums or cost sharing for vided in subsection (f), the United States, an tion is provided, the Service may receive and coverage for such benefits, which may be Indian Tribe, or Tribal Organization shall expend such amounts for the provision of ad- based on financial need (as determined by have the right to recover from an insurance ditional health services consistent with such the Indian Tribe or Tribes or Tribal Organi- company, health maintenance organization, authorization. zations being served based on a schedule of employee benefit plan, third-party ‘‘(g) COSTS AND ATTORNEYS’ FEES.—In any income levels developed or implemented by tortfeasor, or any other responsible or liable action brought to enforce the provisions of such Tribe, Tribes, or Tribal Organizations). third party (including a political subdivision this section, a prevailing plaintiff shall be ‘‘(b) CONDITIONS.—The Secretary, acting or local governmental entity of a State) the awarded its reasonable attorneys’ fees and through the Service, shall place conditions reasonable expenses incurred and billed by costs of litigation. as deemed necessary to effect the purpose of the Secretary, an Indian Tribe, or Tribal Or- ‘‘(h) NONAPPLICATION OF CLAIMS FILING RE- this section in any grant or contract which ganization in providing health services QUIREMENTS.—An insurance company, health the Secretary makes with any Indian Tribe through the Service, an Indian Tribe, or maintenance organization, self-insurance or Tribal Organization pursuant to this sec- Tribal Organization to any individual to the plan, managed care plan, or other health tion. Such conditions shall include require- same extent that such individual, or any care plan or program (under the Social Secu- ments that the Indian Tribe or Tribal Orga- nongovernmental provider of such services, rity Act or otherwise) may not deny a claim nization successfully undertake— would be eligible to receive damages, reim- for benefits submitted by the Service or by ‘‘(1) to determine the population of Indians bursement, or indemnification for such an Indian Tribe or Tribal Organization based eligible for the benefits described in sub- charges or expenses if— on the format in which the claim is subsection (a); ‘‘(1) such services had been provided by a mitted if such format complies with the for- ‘‘(2) to educate Indians with respect to the nongovernmental provider; and mat required for submission of claims under benefits available under the respective pro- ‘‘(2) such individual had been required to title XVIII of the Social Security Act or rec- grams; pay such charges or expenses and did pay ognized under section 1175 of such Act. ‘‘(3) to provide transportation for such in- such charges or expenses. ‘‘(i) APPLICATION TO URBAN INDIAN ORGANI- dividual Indians to the appropriate offices ‘‘(b) LIMITATIONS ON RECOVERIES FROM ZATIONS.—The previous provisions of this for enrollment or applications for such bene- STATES.—Subsection (a) shall provide a right section shall apply to Urban Indian Organi- fits; and of recovery against any State, only if the in- zations with respect to populations served by ‘‘(4) to develop and implement methods of jury, illness, or disability for which health such Organizations in the same manner they improving the participation of Indians in re- services were provided is covered under— apply to Indian Tribes and Tribal Organiza- ceiving benefits under such programs. ‘‘(1) workers’ compensation laws; or tions with respect to populations served by ‘‘(c) APPLICATION TO URBAN INDIAN ORGANI- ‘‘(2) a no-fault automobile accident insur- such Indian Tribes and Tribal Organizations. ZATIONS.— ance plan or program. ‘‘(j) STATUTE OF LIMITATIONS.—The provi- ‘‘(1) IN GENERAL.—The provisions of sub- ‘‘(c) NONAPPLICATION OF OTHER LAWS.—No sions of section 2415 of title 28, United States section (a) shall apply with respect to grants law of any State, or of any political subdivi- Code, shall apply to all actions commenced and other funding to Urban Indian Organiza- sion of a State and no provision of any con- under this section, and the references there- tions with respect to populations served by tract, insurance or health maintenance orga- in to the United States are deemed to in- such organizations in the same manner they nization policy, employee benefit plan, self- clude Indian Tribes, Tribal Organizations, apply to grants and contracts with Indian insurance plan, managed care plan, or other and Urban Indian Organizations. Tribes and Tribal Organizations with respect health care plan or program entered into or ‘‘(k) SAVINGS.—Nothing in this section to programs on or near reservations. renewed after the date of the enactment of shall be construed to limit any right of re- ‘‘(2) REQUIREMENTS.—The Secretary shall the Indian Health Care Amendments of 1988, covery available to the United States, an In- include in the grants or contracts made or shall prevent or hinder the right of recovery dian Tribe, or Tribal Organization under the provided under paragraph (1) requirements of the United States, an Indian Tribe, or provisions of any applicable, Federal, State, that are— Tribal Organization under subsection (a). or Tribal law, including medical lien laws ‘‘(A) consistent with the requirements im- ‘‘(d) NO EFFECT ON PRIVATE RIGHTS OF AC- and the Federal Medical Care Recovery Act posed by the Secretary under subsection (b); TION.—No action taken by the United States, (42 U.S.C. 2651 et seq.). ‘‘(B) appropriate to Urban Indian Organiza- an Indian Tribe, or Tribal Organization to ‘‘SEC. 404. CREDITING OF REIMBURSEMENTS. tions and Urban Indians; and enforce the right of recovery provided under ‘‘(a) USE OF AMOUNTS.— ‘‘(C) necessary to effect the purposes of this section shall operate to deny to the in- ‘‘(1) RETENTION BY PROGRAM.—Except as this section. jured person the recovery for that portion of provided in section 202(g) (relating to the ‘‘(d) FACILITATING COOPERATION.—The Sec- the person’s damage not covered hereunder. Catastrophic Health Emergency Fund) and retary, acting through the Centers for Medi- ‘‘(e) ENFORCEMENT.— section 807 (relating to health services for in- care & Medicaid Services, shall take such ‘‘(1) IN GENERAL.—The United States, an eligible persons), all reimbursements re- steps as are necessary to facilitate coopera- Indian Tribe, or Tribal Organization may en- ceived or recovered under any of the pro- tion with, and agreements between, States force the right of recovery provided under grams described in paragraph (2), including and the Service, Indian Tribes, Tribal Orga- subsection (a) by— under section 807, by reason of the provision nizations, or Urban Indian Organizations ‘‘(A) intervening or joining in any civil ac- of health services by the Service, by an In- with respect to the provision of health care tion or proceeding brought— dian Tribe or Tribal Organization, or by an

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00124 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11771 Urban Indian Organization, shall be credited ‘‘(4) the quality of health care services pro- under any such program for health care serv- to the Service, such Indian Tribe or Tribal vided by the Department of Veterans Affairs ices furnished by that individual, directly or Organization, or such Urban Indian Organi- or the Department of Defense; or through an entity that is otherwise eligible zation, respectively, and may be used as pro- ‘‘(5) the eligibility of any Indian who is a to receive payment for health care services, vided in section 401. In the case of such a veteran to receive health services through to an Indian. service provided by or through a Service the Department of Veterans Affairs. ‘‘(3) FEDERAL HEALTH CARE PROGRAM DE- Unit, such amounts shall be credited to such ‘‘(c) REIMBURSEMENT.—The Service, Indian FINED.—In this subsection, the term, ‘Fed- unit and used for such purposes. Tribe, or Tribal Organization shall be reim- eral health care program’ has the meaning ‘‘(2) PROGRAMS COVERED.—The programs re- bursed by the Department of Veterans Af- given that term in section 1128B(f) of the So- ferred to in paragraph (1) are the following: fairs or the Department of Defense (as the cial Security Act (42 U.S.C. 1320a–7b(f)), ex- ‘‘(A) Titles XVIII, XIX, and XXI of the So- case may be) where services are provided cept that, for purposes of this subsection, cial Security Act. through the Service, an Indian Tribe, or a such term shall include the health insurance ‘‘(B) This Act, including section 807. Tribal Organization to beneficiaries eligible program under chapter 89 of title 5, United ‘‘(C) Public Law 87–693. for services from either such Department, States Code. ‘‘(D) Any other provision of law. notwithstanding any other provision of law. ‘‘(c) RELATED PROVISIONS.—For provisions ‘‘(b) NO OFFSET OF AMOUNTS.—The Service ‘‘(d) CONSTRUCTION.—Nothing in this sec- related to nondiscrimination against pro- may not offset or limit any amount obli- tion may be construed as creating any right viders operated by the Service, an Indian gated to any Service Unit or entity receiving of a non-Indian veteran to obtain health Tribe, Tribal Organization, or Urban Indian funding from the Service because of the re- services from the Service. Organization, see section 1139(c) of the So- ceipt of reimbursements under subsection ‘‘SEC. 407. PAYOR OF LAST RESORT. cial Security Act (42 U.S.C. 1320b–9(c)). (a). ‘‘Indian Health Programs and health care ‘‘SEC. 405. PURCHASING HEALTH CARE COV- programs operated by Urban Indian Organi- ‘‘SEC. 409. CONSULTATION. ERAGE. zations shall be the payor of last resort for ‘‘For provisions related to consultation ‘‘(a) IN GENERAL.—Insofar as amounts are services provided to persons eligible for serv- with representatives of Indian Health Pro- made available under law (including a provi- ices from Indian Health Programs and Urban grams and Urban Indian Organizations with sion of the Social Security Act, the Indian Indian Organizations, notwithstanding any respect to the health care programs estab- Self-Determination and Education Assist- Federal, State, or local law to the contrary. lished under titles XVIII, XIX, and XXI of ance Act (25 U.S.C. 450 et seq.), or other law, ‘‘SEC. 408. NONDISCRIMINATION UNDER FED- the Social Security Act, see section 1139(d) of other than under section 402) to Indian ERAL HEALTH CARE PROGRAMS IN the Social Security Act (42 U.S.C. 1320b–9(d)). Tribes, Tribal Organizations, and Urban In- QUALIFICATIONS FOR REIMBURSE- ‘‘SEC. 410. STATE CHILDREN’S HEALTH INSUR- dian Organizations for health benefits for MENT FOR SERVICES. ANCE PROGRAM (SCHIP). Service beneficiaries, Indian Tribes, Tribal ‘‘(a) REQUIREMENT TO SATISFY GENERALLY ‘‘For provisions relating to— Organizations, and Urban Indian Organiza- APPLICABLE PARTICIPATION REQUIREMENTS.— ‘‘(1) outreach to families of Indian children tions may use such amounts to purchase ‘‘(1) IN GENERAL.—A Federal health care likely to be eligible for child health assist- health benefits coverage for such bene- program must accept an entity that is oper- ance under the State children’s health insur- ficiaries in any manner, including through— ated by the Service, an Indian Tribe, Tribal ance program established under title XXI of ‘‘(1) a tribally owned and operated health Organization, or Urban Indian Organization the Social Security Act, see sections care plan; as a provider eligible to receive payment 2105(c)(2)(C) and 1139(a) of such Act (42 U.S.C. ‘‘(2) a State or locally authorized or li- under the program for health care services 1397ee(c)(2), 1320b–9); and censed health care plan; furnished to an Indian on the same basis as ‘‘(2) ensuring that child health assistance ‘‘(3) a health insurance provider or man- any other provider qualified to participate as is provided under such program to targeted aged care organization; or a provider of health care services under the low-income children who are Indians and ‘‘(4) a self-insured plan. program if the entity meets generally appli- that payments are made under such program The purchase of such coverage by an Indian cable State or other requirements for par- to Indian Health Programs and Urban Indian Tribe, Tribal Organization, or Urban Indian ticipation as a provider of health care serv- Organizations operating in the State that Organization may be based on the financial ices under the program. provide such assistance, see sections needs of such beneficiaries (as determined by ‘‘(2) SATISFACTION OF STATE OR LOCAL LI- 2102(b)(3)(D) and 2105(c)(6)(B) of such Act (42 the Indian Tribe or Tribes being served based CENSURE OR RECOGNITION REQUIREMENTS.— U.S.C. 1397bb(b)(3)(D), 1397ee(c)(6)(B)). on a schedule of income levels developed or Any requirement for participation as a pro- implemented by such Indian Tribe or Tribes). vider of health care services under a Federal ‘‘SEC. 411. EXCLUSION WAIVER AUTHORITY FOR ‘‘(b) EXPENSES FOR SELF-INSURED PLAN.—In AFFECTED INDIAN HEALTH PRO- health care program that an entity be li- GRAMS AND SAFE HARBOR TRANS- the case of a self-insured plan under sub- censed or recognized under the State or local section (a)(4), the amounts may be used for ACTIONS UNDER THE SOCIAL SECU- law where the entity is located to furnish RITY ACT. expenses of operating the plan, including ad- health care services shall be deemed to have ‘‘For provisions relating to— ministration and insurance to limit the fi- been met in the case of an entity operated by nancial risks to the entity offering the plan. ‘‘(1) exclusion waiver authority for affected the Service, an Indian Tribe, Tribal Organi- ‘‘(c) CONSTRUCTION.—Nothing in this sec- Indian Health Programs under the Social Se- tion shall be construed as affecting the use zation, or Urban Indian Organization if the curity Act, see section 1128(k) of the Social of any amounts not referred to in subsection entity meets all the applicable standards for Security Act (42 U.S.C. 1320a–7(k)); and (a). such licensure or recognition, regardless of ‘‘(2) certain transactions involving Indian whether the entity obtains a license or other ‘‘SEC. 406. SHARING ARRANGEMENTS WITH FED- Health Programs deemed to be in safe har- ERAL AGENCIES. documentation under such State or local bors under that Act, see section 1128B(b)(4) of ‘‘(a) AUTHORITY.— law. In accordance with section 221, the ab- the Social Security Act (42 U.S.C. 1320a– ‘‘(1) IN GENERAL.—The Secretary may enter sence of the licensure of a health care profes- 7b(b)(4)). into (or expand) arrangements for the shar- sional employed by such an entity under the ‘‘SEC. 412. PREMIUM AND COST SHARING PRO- ing of medical facilities and services between State or local law where the entity is located TECTIONS AND ELIGIBILITY DETER- the Service, Indian Tribes, and Tribal Orga- shall not be taken into account for purposes MINATIONS UNDER MEDICAID AND nizations and the Department of Veterans of determining whether the entity meets SCHIP AND PROTECTION OF CER- Affairs and the Department of Defense. such standards, if the professional is licensed TAIN INDIAN PROPERTY FROM MED- ICAID ESTATE RECOVERY. ‘‘(2) CONSULTATION BY SECRETARY RE- in another State. QUIRED.—The Secretary may not finalize any ‘‘(b) APPLICATION OF EXCLUSION FROM PAR- ‘‘For provisions relating to— arrangement between the Service and a De- TICIPATION IN FEDERAL HEALTH CARE PRO- ‘‘(1) premiums or cost sharing protections partment described in paragraph (1) without GRAMS.— for Indians furnished items or services di- first consulting with the Indian Tribes which ‘‘(1) EXCLUDED ENTITIES.—No entity oper- rectly by Indian Health Programs or through will be significantly affected by the arrange- ated by the Service, an Indian Tribe, Tribal referral under the contract health service ment. Organization, or Urban Indian Organization under the Medicaid program established ‘‘(b) LIMITATIONS.—The Secretary shall not that has been excluded from participation in under title XIX of the Social Security Act, take any action under this section or under any Federal health care program or for see sections 1916(j) and 1916A(a)(1) of the So- subchapter IV of chapter 81 of title 38, which a license is under suspension or has cial Security Act (42 U.S.C. 1396o(j), 1396o– United States Code, which would impair— been revoked by the State where the entity 1(a)(1)); ‘‘(1) the priority access of any Indian to is located shall be eligible to receive pay- ‘‘(2) rules regarding the treatment of cer- health care services provided through the ment or reimbursement under any such pro- tain property for purposes of determining Service and the eligibility of any Indian to gram for health care services furnished to an eligibility under such programs, see sections receive health services through the Service; Indian. 1902(e)(13) and 2107(e)(1)(B) of such Act (42 ‘‘(2) the quality of health care services pro- ‘‘(2) EXCLUDED INDIVIDUALS.—No individual U.S.C. 1396a(e)(13), 1397gg(e)(1)(B)); and vided to any Indian through the Service; who has been excluded from participation in ‘‘(3) the protection of certain property ‘‘(3) the priority access of any veteran to any Federal health care program or whose from estate recovery provisions under the health care services provided by the Depart- State license is under suspension shall be eli- Medicaid program, see section 1917(b)(3)(B) of ment of Veterans Affairs; gible to receive payment or reimbursement such Act (42 U.S.C. 1396p(b)(3)(B)).

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00125 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11772 CONGRESSIONAL RECORD — SENATE December 8, 2006 ‘‘SEC. 413. TREATMENT UNDER MEDICAID AND ‘‘TITLE V—HEALTH SERVICES FOR URBAN nization of other contracts with the Sec- SCHIP MANAGED CARE. INDIANS retary under this title; ‘‘For provisions relating to the treatment ‘‘SEC. 501. PURPOSE. ‘‘(6) the appropriateness and likely effec- of Indians enrolled in a managed care entity ‘‘The purpose of this title is to establish tiveness of conducting the activities set under the Medicaid program under title XIX and maintain programs in Urban Centers to forth in subsection (a) in an Urban Center or of the Social Security Act and Indian Health make health services more accessible and centers; and Programs and Urban Indian Organizations available to Urban Indians. ‘‘(7) the extent of existing or likely future that are providers of items or services to participation in the activities set forth in ‘‘SEC. 502. CONTRACTS WITH, AND GRANTS TO, subsection (a) by appropriate health and such Indian enrollees, see sections 1932(h) URBAN INDIAN ORGANIZATIONS. health-related Federal, State, local, and and 2107(e)(1)(H) of the Social Security Act ‘‘Under authority of the Act of November other agencies. (42 U.S.C. 1396u–2(h), 1397gg(e)(1)(H)). 2, 1921 (25 U.S.C. 13) (commonly known as the ‘‘(c) ACCESS TO HEALTH PROMOTION AND ‘Snyder Act’), the Secretary, acting through DISEASE PREVENTION PROGRAMS.—The Sec- ‘‘SEC. 414. NAVAJO NATION MEDICAID AGENCY the Service, shall enter into contracts with, FEASIBILITY STUDY. retary, acting through the Service, shall fa- or make grants to, Urban Indian Organiza- cilitate access to or provide health pro- ‘‘(a) STUDY.—The Secretary shall conduct a tions to assist such organizations in the es- motion and disease prevention services for study to determine the feasibility of treating tablishment and administration, within Urban Indians through grants made to Urban the Navajo Nation as a State for the pur- Urban Centers, of programs which meet the Indian Organizations administering con- poses of title XIX of the Social Security Act, requirements set forth in this title. Subject tracts entered into or receiving grants under to provide services to Indians living within to section 506, the Secretary, acting through subsection (a). the boundaries of the Navajo Nation through the Service, shall include such conditions as ‘‘(d) IMMUNIZATION SERVICES.— an entity established having the same au- the Secretary considers necessary to effect ‘‘(1) ACCESS OR SERVICES PROVIDED.—The thority and performing the same functions the purpose of this title in any contract into Secretary, acting through the Service, shall as single-State medicaid agencies respon- which the Secretary enters with, or in any facilitate access to, or provide, immuniza- sible for the administration of the State plan grant the Secretary makes to, any Urban In- tion services for Urban Indians through under title XIX of the Social Security Act. dian Organization pursuant to this title. grants made to Urban Indian Organizations ‘‘(b) CONSIDERATIONS.—In conducting the ‘‘SEC. 503. CONTRACTS AND GRANTS FOR THE administering contracts entered into or re- study, the Secretary shall consider the feasi- PROVISION OF HEALTH CARE AND ceiving grants under this section. REFERRAL SERVICES. bility of— ‘‘(2) DEFINITION.—For purposes of this sub- ‘‘(a) REQUIREMENTS FOR GRANTS AND CON- ‘‘(1) assigning and paying all expenditures section, the term ‘immunization services’ TRACTS.—Under authority of the Act of No- for the provision of services and related ad- means services to provide without charge vember 2, 1921 (25 U.S.C. 13) (commonly ministration funds, under title XIX of the immunizations against vaccine-preventable known as the ‘Snyder Act’), the Secretary, Social Security Act, to Indians living within diseases. acting through the Service, shall enter into ‘‘(e) BEHAVIORAL HEALTH SERVICES.— the boundaries of the Navajo Nation that are contracts with, and make grants to, Urban ‘‘(1) ACCESS OR SERVICES PROVIDED.—The currently paid to or would otherwise be paid Indian Organizations for the provision of Secretary, acting through the Service, shall to the State of Arizona, New Mexico, or health care and referral services for Urban facilitate access to, or provide, behavioral Utah; Indians. Any such contract or grant shall in- health services for Urban Indians through ‘‘(2) providing assistance to the Navajo Na- clude requirements that the Urban Indian grants made to Urban Indian Organizations tion in the development and implementation Organization successfully undertake to— administering contracts entered into or re- of such entity for the administration, eligi- ‘‘(1) estimate the population of Urban Indi- ceiving grants under subsection (a). bility, payment, and delivery of medical as- ans residing in the Urban Center or centers ‘‘(2) ASSESSMENT REQUIRED.—Except as pro- sistance under title XIX of the Social Secu- that the organization proposes to serve who vided by paragraph (3)(A), a grant may not rity Act; are or could be recipients of health care or be made under this subsection to an Urban ‘‘(3) providing an appropriate level of referral services; Indian Organization until that organization matching funds for Federal medical assist- ‘‘(2) estimate the current health status of has prepared, and the Service has approved, ance with respect to amounts such entity ex- Urban Indians residing in such Urban Center an assessment of the following: pends for medical assistance for services and or centers; ‘‘(A) The behavioral health needs of the related administrative costs; and ‘‘(3) estimate the current health care needs Urban Indian population concerned. ‘‘(4) authorizing the Secretary, at the op- of Urban Indians residing in such Urban Cen- ‘‘(B) The behavioral health services and tion of the Navajo Nation, to treat the Nav- ter or centers; other related resources available to that pop- ajo Nation as a State for the purposes of ‘‘(4) provide basic health education, includ- ulation. title XIX of the Social Security Act (relating ing health promotion and disease prevention ‘‘(C) The barriers to obtaining those serv- to the State children’s health insurance pro- education, to Urban Indians; ices and resources. gram) under terms equivalent to those de- ‘‘(5) make recommendations to the Sec- ‘‘(D) The needs that are unmet by such scribed in paragraphs (2) through (4). retary and Federal, State, local, and other services and resources. ‘‘(c) REPORT.—Not later then 3 years after resource agencies on methods of improving ‘‘(3) PURPOSES OF GRANTS.—Grants may be the date of enactment of the Indian Health health service programs to meet the needs of made under this subsection for the following: Care Improvement Act Amendments of 2006, Urban Indians; and ‘‘(A) To prepare assessments required the Secretary shall submit to the Committee ‘‘(6) where necessary, provide, or enter into under paragraph (2). on Indian Affairs and Committee on Finance contracts for the provision of, health care ‘‘(B) To provide outreach, educational, and of the Senate and the Committee on Re- services for Urban Indians. referral services to Urban Indians regarding sources and Committee on Energy and Com- ‘‘(b) CRITERIA.—The Secretary, acting the availability of direct behavioral health merce of the House of Representatives a re- through the Service, shall, by regulation, services, to educate Urban Indians about be- port that includes— prescribe the criteria for selecting Urban In- havioral health issues and services, and ef- ‘‘(1) the results of the study under this sec- dian Organizations to enter into contracts or fect coordination with existing behavioral tion; receive grants under this section. Such cri- health providers in order to improve services ‘‘(2) a summary of any consultation that teria shall, among other factors, include— to Urban Indians. occurred between the Secretary and the Nav- ‘‘(1) the extent of unmet health care needs ‘‘(C) To provide outpatient behavioral ajo Nation, other Indian Tribes, the States of of Urban Indians in the Urban Center or cen- health services to Urban Indians, including Arizona, New Mexico, and Utah, counties ters involved; the identification and assessment of illness, which include Navajo Lands, and other inter- ‘‘(2) the size of the Urban Indian popu- therapeutic treatments, case management, ested parties, in conducting this study; lation in the Urban Center or centers in- support groups, family treatment, and other ‘‘(3) projected costs or savings associated volved; treatment. with establishment of such entity, and any ‘‘(3) the extent, if any, to which the activi- ‘‘(D) To develop innovative behavioral estimated impact on services provided as de- ties set forth in subsection (a) would dupli- health service delivery models which incor- scribed in this section in relation to probable cate any project funded under this title, or porate Indian cultural support systems and costs or savings; and under any current public health service resources. ‘‘(4) legislative actions that would be re- project funded in a manner other than pursu- ‘‘(f) PREVENTION OF CHILD ABUSE.— quired to authorize the establishment of ant to this title; ‘‘(1) ACCESS OR SERVICES PROVIDED.—The such entity if such entity is determined by ‘‘(4) the capability of an Urban Indian Or- Secretary, acting through the Service, shall the Secretary to be feasible. ganization to perform the activities set forth facilitate access to or provide services for in subsection (a) and to enter into a contract Urban Indians through grants to Urban In- ‘‘SEC. 415. AUTHORIZATION OF APPROPRIATIONS. with the Secretary or to meet the require- dian Organizations administering contracts ‘‘There are authorized to be appropriated ments for receiving a grant under this sec- entered into or receiving grants under sub- such sums as may be necessary for each fis- tion; section (a) to prevent and treat child abuse cal year through fiscal year 2016 to carry out ‘‘(5) the satisfactory performance and suc- (including sexual abuse) among Urban Indi- this title. cessful completion by an Urban Indian Orga- ans.

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‘‘(2) EVALUATION REQUIRED.—Except as pro- ‘‘(A) document the health care status and lating to procurement except that in the dis- vided by paragraph (3)(A), a grant may not unmet health care needs of Urban Indians in cretion of the Secretary, such contracts may be made under this subsection to an Urban the Urban Center involved; and be negotiated without advertising and need Indian Organization until that organization ‘‘(B) with respect to Urban Indians in the not conform to the provisions of sections has prepared, and the Service has approved, Urban Center involved, determine the mat- 1304 and 3131 through 3133 of title 40, United an assessment that documents the preva- ters described in paragraphs (2), (3), (4), and States Code. lence of child abuse in the Urban Indian pop- (7) of section 503(b); and ‘‘(b) PAYMENTS UNDER CONTRACTS OR ulation concerned and specifies the services ‘‘(2) the Urban Indian Organization com- GRANTS.— and programs (which may not duplicate ex- plete performance of the contract, or carry ‘‘(1) IN GENERAL.—Payments under any isting services and programs) for which the out the requirements of the grant, within 1 contracts or grants pursuant to this title, grant is requested. year after the date on which the Secretary notwithstanding any term or condition of ‘‘(3) PURPOSES OF GRANTS.—Grants may be and such organization enter into such con- such contract or grant— made under this subsection for the following: tract, or within 1 year after such organiza- ‘‘(A) may be made in a single advance pay- ‘‘(A) To prepare assessments required tion receives such grant, whichever is appli- ment by the Secretary to the Urban Indian under paragraph (2). cable. Organization by no later than the end of the ‘‘(B) For the development of prevention, ‘‘(d) NO RENEWALS.—The Secretary may first 30 days of the funding period with re- training, and education programs for Urban not renew any contract entered into or grant spect to which the payments apply, unless Indians, including child education, parent made under this section. the Secretary determines through an evalua- education, provider training on identifica- ‘‘SEC. 505. EVALUATIONS; RENEWALS. tion under section 505 that the organization tion and intervention, education on report- ‘‘(a) PROCEDURES FOR EVALUATIONS.—The is not capable of administering such a single ing requirements, prevention campaigns, and Secretary, acting through the Service, shall advance payment; and establishing service networks of all those in- develop procedures to evaluate compliance ‘‘(B) if any portion thereof is unexpended volved in Indian child protection. with grant requirements and compliance by the Urban Indian Organization during the ‘‘(C) To provide direct outpatient treat- with and performance of contracts entered funding period with respect to which the ment services (including individual treat- into by Urban Indian Organizations under payments initially apply, shall be carried ment, family treatment, group therapy, and this title. Such procedures shall include pro- forward for expenditure with respect to al- support groups) to Urban Indians who are visions for carrying out the requirements of lowable or reimbursable costs incurred by child victims of abuse (including sexual this section. the organization during 1 or more subse- abuse) or adult survivors of child sexual ‘‘(b) EVALUATIONS.—The Secretary, acting quent funding periods without additional abuse, to the families of such child victims, through the Service, shall evaluate the com- justification or documentation by the orga- and to Urban Indian perpetrators of child pliance of each Urban Indian Organization nization as a condition of carrying forward abuse (including sexual abuse). which has entered into a contract or received the availability for expenditure of such ‘‘(4) CONSIDERATIONS WHEN MAKING a grant under section 503 with the terms of funds. GRANTS.—In making grants to carry out this such contract or grant. For purposes of this ‘‘(2) SEMIANNUAL AND QUARTERLY PAYMENTS subsection, the Secretary shall take into evaluation, the Secretary shall— AND REIMBURSEMENTS.—If the Secretary de- consideration— ‘‘(1) acting through the Service, conduct an termines under paragraph (1)(A) that an ‘‘(A) the support for the Urban Indian Or- annual onsite evaluation of the organization; Urban Indian Organization is not capable of ganization demonstrated by the child protec- or administering an entire single advance pay- tion authorities in the area, including com- ‘‘(2) accept in lieu of such onsite evalua- ment, on request of the Urban Indian Organi- mittees or other services funded under the tion evidence of the organization’s provi- zation, the payments may be made— Indian Child Welfare Act of 1978 (25 U.S.C. sional or full accreditation by a private inde- ‘‘(A) in semiannual or quarterly payments 1901 et seq.), if any; pendent entity recognized by the Secretary by not later than 30 days after the date on ‘‘(B) the capability and expertise dem- for purposes of conducting quality reviews of which the funding period with respect to onstrated by the Urban Indian Organization providers participating in the Medicare pro- which the payments apply begins; or to address the complex problem of child sex- gram under title XVIII of the Social Secu- ‘‘(B) by way of reimbursement. ual abuse in the community; and rity Act. ‘‘(c) REVISION OR AMENDMENT OF CON- ‘‘(C) the assessment required under para- ‘‘(c) NONCOMPLIANCE; UNSATISFACTORY PER- TRACTS.—Notwithstanding any provision of graph (2). FORMANCE.—If, as a result of the evaluations law to the contrary, the Secretary may, at ‘‘(g) OTHER GRANTS.—The Secretary, act- conducted under this section, the Secretary the request and consent of an Urban Indian ing through the Service, may enter into a determines that an Urban Indian Organiza- Organization, revise or amend any contract contract with or make grants to an Urban tion has not complied with the requirements entered into by the Secretary with such or- Indian Organization that provides or ar- of a grant or complied with or satisfactorily ganization under this title as necessary to ranges for the provision of health care serv- performed a contract under section 503, the carry out the purposes of this title. ices (through satellite facilities, provider Secretary shall, prior to renewing such con- ‘‘(d) FAIR AND UNIFORM SERVICES AND AS- networks, or otherwise) to Urban Indians in tract or grant, attempt to resolve with the SISTANCE.—Contracts with or grants to more than 1 Urban Center. organization the areas of noncompliance or Urban Indian Organizations and regulations ‘‘SEC. 504. CONTRACTS AND GRANTS FOR THE DE- unsatisfactory performance and modify the adopted pursuant to this title shall include TERMINATION OF UNMET HEALTH contract or grant to prevent future occur- provisions to assure the fair and uniform CARE NEEDS. rences of noncompliance or unsatisfactory provision to Urban Indians of services and ‘‘(a) GRANTS AND CONTRACTS AUTHORIZED.— performance. If the Secretary determines assistance under such contracts or grants by Under authority of the Act of November 2, that the noncompliance or unsatisfactory such organizations. 1921 (25 U.S.C. 13) (commonly known as the performance cannot be resolved and pre- ‘‘SEC. 507. REPORTS AND RECORDS. ‘Snyder Act’), the Secretary, acting through vented in the future, the Secretary shall not ‘‘(a) REPORTS.— the Service, may enter into contracts with renew the contract or grant with the organi- ‘‘(1) IN GENERAL.—For each fiscal year dur- or make grants to Urban Indian Organiza- zation and is authorized to enter into a con- ing which an Urban Indian Organization re- tions situated in Urban Centers for which tract or make a grant under section 503 with ceives or expends funds pursuant to a con- contracts have not been entered into or another Urban Indian Organization which is tract entered into or a grant received pursu- grants have not been made under section 503. situated in the same Urban Center as the ant to this title, such Urban Indian Organi- ‘‘(b) PURPOSE.—The purpose of a contract Urban Indian Organization whose contract or zation shall submit to the Secretary not or grant made under this section shall be the grant is not renewed under this section. more frequently than every 6 months, a re- determination of the matters described in ‘‘(d) CONSIDERATIONS FOR RENEWALS.—In port that includes the following: subsection (c)(1) in order to assist the Sec- determining whether to renew a contract or ‘‘(A) In the case of a contract or grant retary in assessing the health status and grant with an Urban Indian Organization under section 503, recommendations pursu- health care needs of Urban Indians in the under section 503 which has completed per- ant to section 503(a)(5). Urban Center involved and determining formance of a contract or grant under sec- ‘‘(B) Information on activities conducted whether the Secretary should enter into a tion 504, the Secretary shall review the by the organization pursuant to the contract contract or make a grant under section 503 records of the Urban Indian Organization, or grant. with respect to the Urban Indian Organiza- the reports submitted under section 507, and ‘‘(C) An accounting of the amounts and tion which the Secretary has entered into a shall consider the results of the onsite eval- purpose for which Federal funds were ex- contract with, or made a grant to, under this uations or accreditations under subsection pended. section. (b). ‘‘(D) A minimum set of data, using uni- ‘‘(c) GRANT AND CONTRACT REQUIRE- ‘‘SEC. 506. OTHER CONTRACT AND GRANT RE- formly defined elements, as specified by the MENTS.—Any contract entered into, or grant QUIREMENTS. Secretary after consultation with Urban In- made, by the Secretary under this section ‘‘(a) PROCUREMENT.—Contracts with Urban dian Organizations. shall include requirements that— Indian Organizations entered into pursuant ‘‘(2) HEALTH STATUS AND SERVICES.— ‘‘(1) the Urban Indian Organization suc- to this title shall be in accordance with all ‘‘(A) IN GENERAL.—Not later than 18 cessfully undertakes to— Federal contracting laws and regulations re- months after the date of enactment of the

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00127 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11774 CONGRESSIONAL RECORD — SENATE December 8, 2006 Indian Health Care Improvement Act section (a), including criteria relating to the through grant or contract, is authorized to Amendments of 2006, the Secretary, acting following: fund the construction and operation of at through the Service, shall submit to Con- ‘‘(1) The size of the Urban Indian popu- least 2 residential treatment centers in each gress a report evaluating— lation. State described in subsection (b) to dem- ‘‘(i) the health status of Urban Indians; ‘‘(2) Capability of the organization to ade- onstrate the provision of alcohol and sub- ‘‘(ii) the services provided to Indians pur- quately perform the activities required stance abuse treatment services to Urban In- suant to this title; and under the grant. dian youth in a culturally competent resi- ‘‘(iii) areas of unmet needs in the delivery ‘‘(3) Satisfactory performance standards dential setting. of health services to Urban Indians. for the organization in meeting the goals set ‘‘(b) DEFINITION OF STATE.—A State de- ‘‘(B) CONSULTATION AND CONTRACTS.—In forth in such grant. The standards shall be scribed in this subsection is a State in preparing the report under paragraph (1), the negotiated and agreed to between the Sec- which— Secretary— retary and the grantee on a grant-by-grant ‘‘(1) there resides Urban Indian youth with ‘‘(i) shall consult with Urban Indian Orga- basis. need for alcohol and substance abuse treat- nizations; and ‘‘(4) Identification of the need for services. ment services in a residential setting; and ‘‘(ii) may enter into a contract with a na- ‘‘(d) ALLOCATION OF GRANTS.—The Sec- ‘‘(2) there is a significant shortage of cul- tional organization representing Urban In- retary shall develop a methodology for allo- turally competent residential treatment dian Organizations to conduct any aspect of cating grants made pursuant to this section services for Urban Indian youth. the report. based on the criteria established pursuant to ‘‘SEC. 516. GRANTS FOR DIABETES PREVENTION, ‘‘(b) AUDIT.—The reports and records of the subsection (c). TREATMENT, AND CONTROL. Urban Indian Organization with respect to a ‘‘(e) GRANTS SUBJECT TO CRITERIA.—Any ‘‘(a) GRANTS AUTHORIZED.—The Secretary contract or grant under this title shall be grant received by an Urban Indian Organiza- may make grants to those Urban Indian Or- subject to audit by the Secretary and the tion under this Act for substance abuse pre- ganizations that have entered into a con- Comptroller General of the United States. vention, treatment, and rehabilitation shall tract or have received a grant under this ‘‘(c) COSTS OF AUDITS.—The Secretary shall be subject to the criteria set forth in subtitle for the provision of services for the pre- allow as a cost of any contract or grant en- section (c). vention and treatment of, and control of the tered into or awarded under section 502 or 503 ‘‘SEC. 512. TREATMENT OF CERTAIN DEMONSTRA- complications resulting from, diabetes the cost of an annual independent financial TION PROJECTS. among Urban Indians. ‘‘Notwithstanding any other provision of audit conducted by— ‘‘(b) GOALS.—Each grant made pursuant to law, the Tulsa Clinic and Oklahoma City ‘‘(1) a certified public accountant; or subsection (a) shall set forth the goals to be Clinic demonstration projects shall— ‘‘(2) a certified public accounting firm accomplished under the grant. The goals ‘‘(1) be permanent programs within the qualified to conduct Federal compliance au- shall be specific to each grant as agreed to Service’s direct care program; between the Secretary and the grantee. dits. ‘‘(2) continue to be treated as Service Units ‘‘(c) ESTABLISHMENT OF CRITERIA.—The ‘‘SEC. 508. LIMITATION ON CONTRACT AUTHOR- and Operating Units in the allocation of re- Secretary shall establish criteria for the ITY. sources and coordination of care; and grants made under subsection (a) relating ‘‘The authority of the Secretary to enter ‘‘(3) continue to meet the requirements and to— into contracts or to award grants under this definitions of an Urban Indian Organization ‘‘(1) the size and location of the Urban In- title shall be to the extent, and in an in this Act, and shall not be subject to the dian population to be served; amount, provided for in appropriation Acts. provisions of the Indian Self-Determination ‘‘(2) the need for prevention of and treat- ‘‘SEC. 509. FACILITIES. and Education Assistance Act (25 U.S.C. 450 ment of, and control of the complications re- ‘‘(a) GRANTS.—The Secretary, acting et seq.). sulting from, diabetes among the Urban In- through the Service, may make grants to ‘‘SEC. 513. URBAN NIAAA TRANSFERRED PRO- dian population to be served; contractors or grant recipients under this GRAMS. ‘‘(3) performance standards for the organi- title for the lease, purchase, renovation, con- ‘‘(a) GRANTS AND CONTRACTS.—The Sec- zation in meeting the goals set forth in such struction, or expansion of facilities, includ- retary, through the Division of Urban Indian grant that are negotiated and agreed to by ing leased facilities, in order to assist such Health, shall make grants or enter into con- the Secretary and the grantee; contractors or grant recipients in complying tracts with Urban Indian Organizations, to ‘‘(4) the capability of the organization to with applicable licensure or certification re- take effect not later than September 30, 2008, adequately perform the activities required quirements. for the administration of Urban Indian alco- under the grant; and ‘‘(b) LOAN FUND STUDY.—The Secretary, hol programs that were originally estab- ‘‘(5) the willingness of the organization to acting through the Service, may carry out a lished under the National Institute on Alco- collaborate with the registry, if any, estab- study to determine the feasibility of estab- holism and Alcohol Abuse (hereafter in this lished by the Secretary under section 204(e) lishing a loan fund to provide to Urban In- section referred to as ‘NIAAA’) and trans- in the Area Office of the Service in which the dian Organizations direct loans or guaran- ferred to the Service. organization is located. tees for loans for the construction of health ‘‘(b) USE OF FUNDS.—Grants provided or ‘‘(d) FUNDS SUBJECT TO CRITERIA.—Any care facilities in a manner consistent with contracts entered into under this section funds received by an Urban Indian Organiza- section 309. shall be used to provide support for the con- tion under this Act for the prevention, treat- ‘‘SEC. 510. DIVISION OF URBAN INDIAN HEALTH. tinuation of alcohol prevention and treatment, and control of diabetes among Urban ‘‘There is established within the Service a ment services for Urban Indian populations Indians shall be subject to the criteria devel- Division of Urban Indian Health, which shall and such other objectives as are agreed upon oped by the Secretary under subsection (c). be responsible for— between the Service and a recipient of a ‘‘SEC. 517. COMMUNITY HEALTH REPRESENTA- ‘‘(1) carrying out the provisions of this grant or contract under this section. TIVES. ‘‘(c) ELIGIBILITY.—Urban Indian Organiza- title; ‘‘The Secretary, acting through the Serv- tions that operate Indian alcohol programs ‘‘(2) providing central oversight of the pro- ice, may enter into contracts with, and make originally funded under the NIAAA and sub- grams and services authorized under this grants to, Urban Indian Organizations for sequently transferred to the Service are eli- title; and the employment of Indians trained as health gible for grants or contracts under this sec- ‘‘(3) providing technical assistance to service providers through the Community tion. Urban Indian Organizations. Health Representatives Program under sec- ‘‘(d) REPORT.—The Secretary shall evalu- tion 109 in the provision of health care, ‘‘SEC. 511. GRANTS FOR ALCOHOL AND SUB- ate and report to Congress on the activities health promotion, and disease prevention STANCE ABUSE-RELATED SERVICES. of programs funded under this section not services to Urban Indians. ‘‘(a) GRANTS AUTHORIZED.—The Secretary, less than every 5 years. acting through the Service, may make ‘‘SEC. 518. EFFECTIVE DATE. ‘‘SEC. 514. CONSULTATION WITH URBAN INDIAN ‘‘The amendments made by the Indian grants for the provision of health-related ORGANIZATIONS. Health Care Improvement Act Amendments services in prevention of, treatment of, reha- ‘‘(a) IN GENERAL.—The Secretary shall en- bilitation of, or school- and community- sure that the Service consults, to the great- of 2006 to this title shall take effect begin- based education regarding, alcohol and sub- est extent practicable, with Urban Indian Or- ning on the date of enactment of that Act, stance abuse in Urban Centers to those ganizations. regardless of whether the Secretary has pro- Urban Indian Organizations with which the ‘‘(b) DEFINITION OF CONSULTATION.—For mulgated regulations implementing such Secretary has entered into a contract under purposes of subsection (a), consultation is amendments. this title or under section 201. the open and free exchange of information ‘‘SEC. 519. ELIGIBILITY FOR SERVICES. ‘‘(b) GOALS.—Each grant made pursuant to and opinions which leads to mutual under- ‘‘Urban Indians shall be eligible and the ul- subsection (a) shall set forth the goals to be standing and comprehension and which em- timate beneficiaries for health care or refer- accomplished pursuant to the grant. The phasizes trust, respect, and shared responsi- ral services provided pursuant to this title. goals shall be specific to each grant as bility. ‘‘SEC. 520. AUTHORIZATION OF APPROPRIATIONS. agreed to between the Secretary and the ‘‘SEC. 515. URBAN YOUTH TREATMENT CENTER ‘‘There are authorized to be appropriated grantee. DEMONSTRATION. such sums as may be necessary for each fis- ‘‘(c) CRITERIA.—The Secretary shall estab- ‘‘(a) CONSTRUCTION AND OPERATION.—The cal year through fiscal year 2016 to carry out lish criteria for the grants made under sub- Secretary, acting through the Service, this title.

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00128 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11775 ‘‘TITLE VI—ORGANIZATIONAL matters of Indian health with respect to Tribal Organizations, and Urban Indian Or- IMPROVEMENTS which those heads have authority and re- ganizations, to develop a comprehensive be- ‘‘SEC. 601. ESTABLISHMENT OF THE INDIAN sponsibility; havioral health prevention and treatment HEALTH SERVICE AS AN AGENCY OF ‘‘(9) coordinate the activities of the De- program which emphasizes collaboration THE PUBLIC HEALTH SERVICE. partment concerning matters of Indian among alcohol and substance abuse, social ‘‘(a) ESTABLISHMENT.— health; and services, and mental health programs. ‘‘(1) IN GENERAL.—In order to more effec- ‘‘(10) perform such other functions as the ‘‘(2) To provide information, direction, and tively and efficiently carry out the respon- Secretary may designate. guidance relating to mental illness and dys- sibilities, authorities, and functions of the ‘‘(d) AUTHORITY.— function and self-destructive behavior, in- United States to provide health care services ‘‘(1) IN GENERAL.—The Secretary, acting cluding child abuse and family violence, to to Indians and Indian Tribes, as are or may through the Director, shall have the author- those Federal, tribal, State, and local agen- be hereafter provided by Federal statute or ity— cies responsible for programs in Indian com- treaties, there is established within the Pub- ‘‘(A) except to the extent provided for in munities in areas of health care, education, lic Health Service of the Department the In- paragraph (2), to appoint and compensate social services, child and family welfare, al- dian Health Service. employees for the Service in accordance with cohol and substance abuse, law enforcement, ‘‘(2) DIRECTOR OF INDIAN HEALTH SERVICE.— title 5, United States Code; and judicial services. The Service shall be administered by a Di- ‘‘(B) to enter into contracts for the pro- ‘‘(3) To assist Indian Tribes to identify rector, who shall be appointed by the Presi- curement of goods and services to carry out services and resources available to address dent, by and with the advice and consent of the functions of the Service; and mental illness and dysfunctional and self-de- the Senate. The Director shall report to the ‘‘(C) to manage, expend, and obligate all structive behavior. Secretary. Effective with respect to an indi- funds appropriated for the Service. ‘‘(4) To provide authority and opportuni- vidual appointed by the President, by and ‘‘(2) PERSONNEL ACTIONS.—Notwithstanding ties for Indian Tribes and Tribal Organiza- with the advice and consent of the Senate, any other provision of law, the provisions of tions to develop, implement, and coordinate after January 1, 2006, the term of service of section 12 of the Act of June 18, 1934 (48 Stat. with community-based programs which in- the Director shall be 4 years. A Director may 986; 25 U.S.C. 472), shall apply to all per- clude identification, prevention, education, serve more than 1 term. sonnel actions taken with respect to new po- referral, and treatment services, including ‘‘(3) INCUMBENT.—The individual serving in sitions created within the Service as a result through multidisciplinary resource teams. the position of Director of the Service on the of its establishment under subsection (a). ‘‘(5) To ensure that Indians, as citizens of day before the date of enactment of the In- ‘‘SEC. 602. AUTOMATED MANAGEMENT INFORMA- the United States and of the States in which dian Health Care Improvement Act Amend- TION SYSTEM. they reside, have the same access to behav- ments of 2006 shall serve as Director. ‘‘(a) ESTABLISHMENT.— ioral health services to which all citizens ‘‘(4) ADVOCACY AND CONSULTATION.—The po- ‘‘(1) IN GENERAL.—The Secretary shall es- have access. sition of Director is established to, in a man- tablish an automated management informa- ‘‘(6) To modify or supplement existing pro- ner consistent with the government-to-gov- tion system for the Service. grams and authorities in the areas identified ernment relationship between the United ‘‘(2) REQUIREMENTS OF SYSTEM.—The infor- in paragraph (2). States and Indian Tribes— mation system established under paragraph ‘‘(b) PLANS.— ‘‘(A) facilitate advocacy for the develop- (1) shall include— ‘‘(1) DEVELOPMENT.—The Secretary, acting ment of appropriate Indian health policy; ‘‘(A) a financial management system; through the Service, Indian Tribes, Tribal and ‘‘(B) a patient care information system for Organizations, and Urban Indian Organiza- ‘‘(B) promote consultation on matters re- each area served by the Service; tions, shall encourage Indian Tribes and lating to Indian health. ‘‘(C) a privacy component that protects the Tribal Organizations to develop tribal plans, ‘‘(b) AGENCY.—The Service shall be an privacy of patient information held by, or on and Urban Indian Organizations to develop agency within the Public Health Service of behalf of, the Service; local plans, and for all such groups to par- the Department, and shall not be an office, ‘‘(D) a services-based cost accounting com- ticipate in developing areawide plans for In- component, or unit of any other agency of ponent that provides estimates of the costs dian Behavioral Health Services. The plans the Department. associated with the provision of specific ‘‘(c) DUTIES.—The Director shall— shall include, to the extent feasible, the fol- medical treatments or services in each Area ‘‘(1) perform all functions that were, on the lowing components: office of the Service; day before the date of enactment of the In- ‘‘(A) An assessment of the scope of alcohol ‘‘(E) an interface mechanism for patient dian Health Care Improvement Act Amend- or other substance abuse, mental illness, and billing and accounts receivable system; and ments of 2006, carried out by or under the di- dysfunctional and self-destructive behavior, ‘‘(F) a training component. rection of the individual serving as Director including suicide, child abuse, and family vi- ‘‘(b) PROVISION OF SYSTEMS TO TRIBES AND of the Service on that day; olence, among Indians, including— ORGANIZATIONS.—The Secretary shall provide ‘‘(2) perform all functions of the Secretary each Tribal Health Program automated man- ‘‘(i) the number of Indians served who are relating to the maintenance and operation of agement information systems which— directly or indirectly affected by such illness hospital and health facilities for Indians and ‘‘(1) meet the management information or behavior; or the planning for, and provision and utiliza- needs of such Tribal Health Program with re- ‘‘(ii) an estimate of the financial and tion of, health services for Indians; spect to the treatment by the Tribal Health human cost attributable to such illness or ‘‘(3) administer all health programs under Program of patients of the Service; and behavior. which health care is provided to Indians ‘‘(2) meet the management information ‘‘(B) An assessment of the existing and ad- based upon their status as Indians which are needs of the Service. ditional resources necessary for the preven- administered by the Secretary, including ‘‘(c) ACCESS TO RECORDS.—Notwithstanding tion and treatment of such illness and behav- programs under— any other provision of law, each patient ior, including an assessment of the progress ‘‘(A) this Act; shall have reasonable access to the medical toward achieving the availability of the full ‘‘(B) the Act of November 2, 1921 (25 U.S.C. or health records of such patient which are continuum of care described in subsection 13); held by, or on behalf of, the Service. (c). ‘‘(C) the Act of August 5, 1954 (42 U.S.C. ‘‘(d) AUTHORITY TO ENHANCE INFORMATION ‘‘(C) An estimate of the additional funding 2001 et seq.); TECHNOLOGY.—The Secretary, acting through needed by the Service, Indian Tribes, Tribal ‘‘(D) the Act of August 16, 1957 (42 U.S.C. the Service, shall have the authority to Organizations, and Urban Indian Organiza- 2005 et seq.); and enter into contracts, agreements, or joint tions to meet their responsibilities under the ‘‘(E) the Indian Self-Determination and ventures with other Federal agencies, plans. Education Assistance Act (25 U.S.C. 450 et States, private and nonprofit organizations, ‘‘(2) NATIONAL CLEARINGHOUSE.—The Sec- seq.); for the purpose of enhancing information retary, acting through the Service, shall co- ‘‘(4) administer all scholarship and loan technology in Indian Health Programs and ordinate with existing national clearing- functions carried out under title I; facilities. houses and information centers to include at ‘‘(5) report directly to the Secretary con- ‘‘SEC. 603. AUTHORIZATION OF APPROPRIATIONS. the clearinghouses and centers plans and re- cerning all policy- and budget-related mat- ‘‘There is authorized to be appropriated ports on the outcomes of such plans devel- ters affecting Indian health; such sums as may be necessary for each fis- oped by Indian Tribes, Tribal Organizations, ‘‘(6) collaborate with the Assistant Sec- cal year through fiscal year 2016 to carry out Urban Indian Organizations, and Service retary for Health concerning appropriate this title. Areas relating to behavioral health. The Sec- matters of Indian health that affect the ‘‘TITLE VII—BEHAVIORAL HEALTH retary shall ensure access to these plans and agencies of the Public Health Service; PROGRAMS outcomes by any Indian Tribe, Tribal Orga- ‘‘(7) advise each Assistant Secretary of the ‘‘SEC. 701. BEHAVIORAL HEALTH PREVENTION nization, Urban Indian Organization, or the Department concerning matters of Indian AND TREATMENT SERVICES. Service. health with respect to which that Assistant ‘‘(a) PURPOSES.—The purposes of this sec- ‘‘(3) TECHNICAL ASSISTANCE.—The Secretary Secretary has authority and responsibility; tion are as follows: shall provide technical assistance to Indian ‘‘(8) advise the heads of other agencies and ‘‘(1) To authorize and direct the Secretary, Tribes, Tribal Organizations, and Urban In- programs of the Department concerning acting through the Service, Indian Tribes, dian Organizations in preparation of plans

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under this section and in developing stand- ‘‘(d) COMMUNITY BEHAVIORAL HEALTH ‘‘(C) The actions necessary to protect the ards of care that may be used and adopted lo- PLAN.— exercise of such right. cally. ‘‘(1) ESTABLISHMENT.—The governing body ‘‘(5) The responsibilities of the Bureau of ‘‘(c) PROGRAMS.—The Secretary, acting of any Indian Tribe, Tribal Organization, or Indian Affairs and the Service, including through the Service, Indian Tribes, and Trib- Urban Indian Organization may adopt a reso- mental illness identification, prevention, al Organizations, shall provide, to the extent lution for the establishment of a community education, referral, and treatment services feasible and if funding is available, programs behavioral health plan providing for the (including services through multidisci- including the following: identification and coordination of available plinary resource teams), at the central, area, ‘‘(1) COMPREHENSIVE CARE.—A comprehen- resources and programs to identify, prevent, and agency and Service Unit, Service Area, sive continuum of behavioral health care or treat substance abuse, mental illness, or and headquarters levels to address the prob- which provides— dysfunctional and self-destructive behavior, lems identified in paragraph (1). ‘‘(A) community-based prevention, inter- including child abuse and family violence, ‘‘(6) A strategy for the comprehensive co- vention, outpatient, and behavioral health among its members or its service population. ordination of the behavioral health services aftercare; This plan should include behavioral health provided by the Bureau of Indian Affairs and ‘‘(B) detoxification (social and medical); services, social services, intensive outpatient the Service to meet the problems identified ‘‘(C) acute hospitalization; services, and continuing aftercare. pursuant to paragraph (1), including— ‘‘(D) intensive outpatient/day treatment; ‘‘(2) TECHNICAL ASSISTANCE.—At the re- ‘‘(A) the coordination of alcohol and sub- ‘‘(E) residential treatment; quest of an Indian Tribe, Tribal Organiza- stance abuse programs of the Service, the ‘‘(F) transitional living for those needing a tion, or Urban Indian Organization, the Bu- Bureau of Indian Affairs, and Indian Tribes temporary, stable living environment that is reau of Indian Affairs and the Service shall and Tribal Organizations (developed under supportive of treatment and recovery goals; cooperate with and provide technical assist- the Indian Alcohol and Substance Abuse Pre- ‘‘(G) emergency shelter; ance to the Indian Tribe, Tribal Organiza- vention and Treatment Act of 1986 (25 U.S.C. ‘‘(H) intensive case management; and tion, or Urban Indian Organization in the de- 2401 et seq.)) with behavioral health initia- ‘‘(I) diagnostic services. velopment and implementation of such plan. tives pursuant to this Act, particularly with ‘‘(2) CHILD CARE.—Behavioral health serv- ‘‘(3) FUNDING.—The Secretary, acting respect to the referral and treatment of du- ices for Indians from birth through age 17, through the Service, may make funding ally diagnosed individuals requiring behav- including— available to Indian Tribes and Tribal Organi- ioral health and substance abuse treatment; ‘‘(A) preschool and school age fetal alcohol zations which adopt a resolution pursuant to and disorder services, including assessment and paragraph (1) to obtain technical assistance ‘‘(B) ensuring that the Bureau of Indian Af- behavioral intervention; for the development of a community behav- fairs and Service programs and services (in- ‘‘(B) mental health and substance abuse ioral health plan and to provide administra- cluding multidisciplinary resource teams) services (emotional, organic, alcohol, drug, tive support in the implementation of such addressing child abuse and family violence inhalant, and tobacco); plan. are coordinated with such non-Federal pro- ‘‘(C) identification and treatment of co-oc- ‘‘(e) COORDINATION FOR AVAILABILITY OF grams and services. curring disorders and comorbidity; SERVICES.—The Secretary, acting through ‘‘(D) prevention of alcohol, drug, inhalant, the Service, Indian Tribes, Tribal Organiza- ‘‘(7) Directing appropriate officials of the and tobacco use; tions, and Urban Indian Organizations, shall Bureau of Indian Affairs and the Service, ‘‘(E) early intervention, treatment, and coordinate behavioral health planning, to particularly at the agency and Service Unit aftercare; the extent feasible, with other Federal agen- levels, to cooperate fully with tribal requests ‘‘(F) promotion of healthy approaches to cies and with State agencies, to encourage made pursuant to community behavioral risk and safety issues; and comprehensive behavioral health services for health plans adopted under section 701(c) and ‘‘(G) identification and treatment of ne- Indians regardless of their place of residence. section 4206 of the Indian Alcohol and Sub- glect and physical, mental, and sexual abuse. ‘‘(f) MENTAL HEALTH CARE NEED ASSESS- stance Abuse Prevention and Treatment Act ‘‘(3) ADULT CARE.—Behavioral health serv- MENT.—Not later than 1 year after the date of 1986 (25 U.S.C. 2412). ices for Indians from age 18 through 55, in- of enactment of the Indian Health Care Im- ‘‘(8) Providing for an annual review of such cluding— provement Act Amendments of 2006, the Sec- agreement by the Secretaries which shall be ‘‘(A) early intervention, treatment, and retary, acting through the Service, shall provided to Congress and Indian Tribes and aftercare; make an assessment of the need for inpatient Tribal Organizations. ‘‘(B) mental health and substance abuse mental health care among Indians and the ‘‘(b) SPECIFIC PROVISIONS REQUIRED.—The services (emotional, alcohol, drug, inhalant, availability and cost of inpatient mental memoranda of agreement updated or entered and tobacco), including sex specific services; health facilities which can meet such need. into pursuant to subsection (a) shall include ‘‘(C) identification and treatment of co-oc- In making such assessment, the Secretary specific provisions pursuant to which the curring disorders (dual diagnosis) and comor- shall consider the possible conversion of ex- Service shall assume responsibility for— bidity; isting, underused Service hospital beds into ‘‘(1) the determination of the scope of the ‘‘(D) promotion of healthy approaches for psychiatric units to meet such need. problem of alcohol and substance abuse risk-related behavior; ‘‘SEC. 702. MEMORANDA OF AGREEMENT WITH among Indians, including the number of Indi- ‘‘(E) treatment services for women at risk THE DEPARTMENT OF THE INTE- RIOR. ans within the jurisdiction of the Service of giving birth to a child with a fetal alcohol ‘‘(a) CONTENTS.—Not later than 12 months who are directly or indirectly affected by al- disorder; and after the date of enactment of the Indian cohol and substance abuse and the financial ‘‘(F) sex specific treatment for sexual as- Health Care Improvement Act Amendments and human cost; sault and domestic violence. of 2006, the Secretary, acting through the ‘‘(2) an assessment of the existing and ‘‘(4) FAMILY CARE.—Behavioral health serv- Service, and the Secretary of the Interior needed resources necessary for the preven- ices for families, including— shall develop and enter into a memoranda of tion of alcohol and substance abuse and the ‘‘(A) early intervention, treatment, and agreement, or review and update any exist- treatment of Indians affected by alcohol and aftercare for affected families; ing memoranda of agreement, as required by substance abuse; and ‘‘(B) treatment for sexual assault and do- section 4205 of the Indian Alcohol and Sub- ‘‘(3) an estimate of the funding necessary mestic violence; and stance Abuse Prevention and Treatment Act to adequately support a program of preven- ‘‘(C) promotion of healthy approaches re- of 1986 (25 U.S.C. 2411) under which the Secre- tion of alcohol and substance abuse and lating to parenting, domestic violence, and taries address the following: treatment of Indians affected by alcohol and other abuse issues. ‘‘(1) The scope and nature of mental illness substance abuse. ‘‘(5) ELDER CARE.—Behavioral health serv- and dysfunctional and self-destructive be- ‘‘(c) PUBLICATION.—Each memorandum of ices for Indians 56 years of age and older, in- havior, including child abuse and family vio- agreement entered into or renewed (and cluding— lence, among Indians. amendments or modifications thereto) under ‘‘(A) early intervention, treatment, and ‘‘(2) The existing Federal, tribal, State, subsection (a) shall be published in the Fed- aftercare; local, and private services, resources, and eral Register. At the same time as publica- ‘‘(B) mental health and substance abuse programs available to provide behavioral tion in the Federal Register, the Secretary services (emotional, alcohol, drug, inhalant, health services for Indians. shall provide a copy of such memoranda, and tobacco), including sex specific services; ‘‘(3) The unmet need for additional serv- amendment, or modification to each Indian ‘‘(C) identification and treatment of co-oc- ices, resources, and programs necessary to Tribe, Tribal Organization, and Urban Indian curring disorders (dual diagnosis) and comor- meet the needs identified pursuant to para- Organization. bidity; graph (1). ‘‘(D) promotion of healthy approaches to ‘‘(4)(A) The right of Indians, as citizens of ‘‘SEC. 703. COMPREHENSIVE BEHAVIORAL managing conditions related to aging; the United States and of the States in which HEALTH PREVENTION AND TREAT- ‘‘(E) sex specific treatment for sexual as- they reside, to have access to behavioral MENT PROGRAM. sault, domestic violence, neglect, physical health services to which all citizens have ac- ‘‘(a) ESTABLISHMENT.— and mental abuse and exploitation; and cess. ‘‘(1) IN GENERAL.—The Secretary, acting ‘‘(F) identification and treatment of de- ‘‘(B) The right of Indians to participate in, through the Service, Indian Tribes, and Trib- mentias regardless of cause. and receive the benefit of, such services. al Organizations, shall provide a program of

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comprehensive behavioral health, preven- psychologist, social worker, or marriage and ‘‘(B) AREA OFFICE IN CALIFORNIA.—For the tion, treatment, and aftercare, which shall family therapist for the purpose of providing purposes of this subsection, the Area Office include— mental health care services to Indians in a in California shall be considered to be 2 Area ‘‘(A) prevention, through educational clinical setting under this Act is required to Offices, 1 office whose jurisdiction shall be intervention, in Indian communities; be licensed as a psychologist, social worker, considered to encompass the northern area ‘‘(B) acute detoxification, psychiatric hos- or marriage and family therapist, respec- of the State of California, and 1 office whose pitalization, residential, and intensive out- tively. jurisdiction shall be considered to encompass patient treatment; ‘‘(b) TRAINEES.—An individual may be em- the remainder of the State of California for ‘‘(C) community-based rehabilitation and ployed as a trainee in psychology, social the purpose of implementing California aftercare; work, or marriage and family therapy to pro- treatment networks. ‘‘(D) community education and involve- vide mental health care services described in ‘‘(2) FUNDING.—For the purpose of staffing ment, including extensive training of health subsection (a) if such individual— and operating such centers or facilities, care, educational, and community-based per- ‘‘(1) works under the direct supervision of funding shall be pursuant to the Act of No- sonnel; a licensed psychologist, social worker, or vember 2, 1921 (25 U.S.C. 13). ‘‘(E) specialized residential treatment pro- marriage and family therapist, respectively; ‘‘(3) LOCATION.—A youth treatment center grams for high-risk populations, including ‘‘(2) is enrolled in or has completed at least constructed or purchased under this sub- pregnant and postpartum women and their 2 years of course work at a post-secondary, section shall be constructed or purchased at children; and accredited education program for psy- a location within the area described in para- ‘‘(F) diagnostic services. chology, social work, marriage and family graph (1) agreed upon (by appropriate tribal ‘‘(2) TARGET POPULATIONS.—The target pop- therapy, or counseling; and resolution) by a majority of the Indian ulation of such programs shall be members ‘‘(3) meets such other training, super- Tribes to be served by such center. of Indian Tribes. Efforts to train and educate vision, and quality review requirements as ‘‘(4) SPECIFIC PROVISION OF FUNDS.— key members of the Indian community shall the Secretary may establish. ‘‘(A) IN GENERAL.—Notwithstanding any also target employees of health, education, ‘‘SEC. 706. INDIAN WOMEN TREATMENT PRO- other provision of this title, the Secretary judicial, law enforcement, legal, and social GRAMS. may, from amounts authorized to be appro- service programs. ‘‘(a) GRANTS.—The Secretary, consistent priated for the purposes of carrying out this ‘‘(b) CONTRACT HEALTH SERVICES.— with section 701, may make grants to Indian section, make funds available to— ‘‘(1) IN GENERAL.—The Secretary, acting Tribes, Tribal Organizations, and Urban In- ‘‘(i) the Tanana Chiefs Conference, Incor- through the Service, Indian Tribes, and Trib- dian Organizations to develop and imple- porated, for the purpose of leasing, con- al Organizations, may enter into contracts ment a comprehensive behavioral health pro- structing, renovating, operating, and main- with public or private providers of behav- gram of prevention, intervention, treatment, taining a residential youth treatment facil- ioral health treatment services for the pur- and relapse prevention services that specifi- ity in Fairbanks, Alaska; and pose of carrying out the program required cally addresses the cultural, historical, so- ‘‘(ii) the Southeast Alaska Regional Health under subsection (a). cial, and child care needs of Indian women, Corporation to staff and operate a residen- regardless of age. ‘‘(2) PROVISION OF ASSISTANCE.—In carrying tial youth treatment facility without regard ‘‘(b) USE OF GRANT FUNDS.—A grant made out this subsection, the Secretary shall pro- to the proviso set forth in section 4(l) of the pursuant to this section may be used to— vide assistance to Indian Tribes and Tribal Indian Self-Determination and Education ‘‘(1) develop and provide community train- Organizations to develop criteria for the cer- Assistance Act (25 U.S.C. 450b(l)). ing, education, and prevention programs for tification of behavioral health service pro- ‘‘(B) PROVISION OF SERVICES TO ELIGIBLE Indian women relating to behavioral health viders and accreditation of service facilities YOUTHS.—Until additional residential youth issues, including fetal alcohol disorders; which meet minimum standards for such treatment facilities are established in Alas- ‘‘(2) identify and provide psychological services and facilities. ka pursuant to this section, the facilities services, counseling, advocacy, support, and specified in subparagraph (A) shall make ‘‘SEC. 704. MENTAL HEALTH TECHNICIAN PRO- relapse prevention to Indian women and every effort to provide services to all eligible GRAM. their families; and Indian youths residing in Alaska. ‘‘(a) IN GENERAL.—Under the authority of ‘‘(3) develop prevention and intervention the Act of November 2, 1921 (25 U.S.C. 13) models for Indian women which incorporate ‘‘(c) INTERMEDIATE ADOLESCENT BEHAV- (commonly known as the ‘Snyder Act’), the traditional health care practices, cultural IORAL HEALTH SERVICES.— Secretary shall establish and maintain a values, and community and family involve- ‘‘(1) IN GENERAL.—The Secretary, acting mental health technician program within ment. through the Service, Indian Tribes, and Trib- the Service which— ‘‘(c) CRITERIA.—The Secretary, in consulta- al Organizations, may provide intermediate ‘‘(1) provides for the training of Indians as tion with Indian Tribes and Tribal Organiza- behavioral health services to Indian children mental health technicians; and tions, shall establish criteria for the review and adolescents, including— ‘‘(2) employs such technicians in the provi- and approval of applications and proposals ‘‘(A) pretreatment assistance; sion of community-based mental health care for funding under this section. ‘‘(B) inpatient, outpatient, and aftercare that includes identification, prevention, edu- ‘‘(d) EARMARK OF CERTAIN FUNDS.—Twenty services; cation, referral, and treatment services. percent of the funds appropriated pursuant ‘‘(C) emergency care; ‘‘(b) PARAPROFESSIONAL TRAINING.—In car- to this section shall be used to make grants ‘‘(D) suicide prevention and crisis interven- rying out subsection (a), the Secretary, act- to Urban Indian Organizations. tion; and ing through the Service, Indian Tribes, and ‘‘SEC. 707. INDIAN YOUTH PROGRAM. ‘‘(E) prevention and treatment of mental Tribal Organizations, shall provide high- ‘‘(a) DETOXIFICATION AND REHABILITATION.— illness and dysfunctional and self-destruc- standard paraprofessional training in mental The Secretary, acting through the Service, tive behavior, including child abuse and fam- health care necessary to provide quality care consistent with section 701, shall develop and ily violence. to the Indian communities to be served. implement a program for acute detoxifica- ‘‘(2) USE OF FUNDS.—Funds provided under Such training shall be based upon a cur- tion and treatment for Indian youths, in- this subsection may be used— riculum developed or approved by the Sec- cluding behavioral health services. The pro- ‘‘(A) to construct or renovate an existing retary which combines education in the the- gram shall include regional treatment cen- health facility to provide intermediate be- ory of mental health care with supervised ters designed to include detoxification and havioral health services; practical experience in the provision of such rehabilitation for both sexes on a referral ‘‘(B) to hire behavioral health profes- care. basis and programs developed and imple- sionals; ‘‘(c) SUPERVISION AND EVALUATION OF TECH- mented by Indian Tribes or Tribal Organiza- ‘‘(C) to staff, operate, and maintain an in- NICIANS.—The Secretary, acting through the tions at the local level under the Indian Self- termediate mental health facility, group Service, Indian Tribes, and Tribal Organiza- Determination and Education Assistance Act home, sober housing, transitional housing or tions, shall supervise and evaluate the men- (25 U.S.C. 450 et seq.). Regional centers shall similar facilities, or youth shelter where in- tal health technicians in the training pro- be integrated with the intake and rehabilita- termediate behavioral health services are gram. tion programs based in the referring Indian being provided; ‘‘(d) TRADITIONAL HEALTH CARE PRAC- community. ‘‘(D) to make renovations and hire appro- TICES.—The Secretary, acting through the ‘‘(b) ALCOHOL AND SUBSTANCE ABUSE priate staff to convert existing hospital beds Service, shall ensure that the program estab- TREATMENT CENTERS OR FACILITIES.— into adolescent psychiatric units; and lished pursuant to this subsection involves ‘‘(1) ESTABLISHMENT.— ‘‘(E) for intensive home- and community- the use and promotion of the traditional ‘‘(A) IN GENERAL.—The Secretary, acting based services. health care practices of the Indian Tribes to through the Service, Indian Tribes, and Trib- ‘‘(3) CRITERIA.—The Secretary, acting be served. al Organizations, shall construct, renovate, through the Service, shall, in consultation ‘‘SEC. 705. LICENSING REQUIREMENT FOR MEN- or, as necessary, purchase, and appropriately with Indian Tribes and Tribal Organizations, TAL HEALTH CARE WORKERS. staff and operate, at least 1 youth regional establish criteria for the review and approval ‘‘(a) IN GENERAL.—Subject to the provi- treatment center or treatment network in of applications or proposals for funding made sions of section 221, and except as provided in each area under the jurisdiction of an Area available pursuant to this subsection. subsection (b), any individual employed as a Office. ‘‘(d) FEDERALLY-OWNED STRUCTURES.—

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‘‘(1) IN GENERAL.—The Secretary, in con- behavioral problems through the Service and ‘‘(A) To provide telemental health services sultation with Indian Tribes and Tribal Or- Tribal Health Programs, reported separately to Indian youth, including the provision of— ganizations, shall— for on- and off-reservation facilities; and ‘‘(i) psychotherapy; ‘‘(A) identify and use, where appropriate, ‘‘(5) the costs of the services described in ‘‘(ii) psychiatric assessments and diag- federally-owned structures suitable for local paragraph (4). nostic interviews, therapies for mental residential or regional behavioral health ‘‘SEC. 708. INDIAN YOUTH TELEMENTAL HEALTH health conditions predisposing to suicide, treatment for Indian youths; and DEMONSTRATION PROJECT. and treatment; and ‘‘(B) establish guidelines for determining ‘‘(a) PURPOSE.—The purpose of this section ‘‘(iii) alcohol and substance abuse treat- the suitability of any such federally-owned is to authorize the Secretary to carry out a ment. structure to be used for local residential or demonstration project to test the use of tele- ‘‘(B) To provide clinician-interactive med- regional behavioral health treatment for In- mental health services in suicide prevention, ical advice, guidance and training, assist- dian youths. intervention and treatment of Indian youth, ance in diagnosis and interpretation, crisis ‘‘(2) TERMS AND CONDITIONS FOR USE OF including through— counseling and intervention, and related as- STRUCTURE.—Any structure described in ‘‘(1) the use of psychotherapy, psychiatric sistance to Service, tribal, or urban clini- paragraph (1) may be used under such terms assessments, diagnostic interviews, therapies cians and health services providers working and conditions as may be agreed upon by the for mental health conditions predisposing to with youth being served under this dem- Secretary and the agency having responsi- suicide, and alcohol and substance abuse onstration project. bility for the structure and any Indian Tribe treatment; ‘‘(C) To assist, educate and train commu- or Tribal Organization operating the pro- ‘‘(2) the provision of clinical expertise to, nity leaders, health education professionals gram. consultation services with, and medical ad- and paraprofessionals, tribal outreach work- ‘‘(e) REHABILITATION AND AFTERCARE SERV- vice and training for frontline health care ers, and family members who work with the ICES.— providers working with Indian youth; youth receiving telemental health services under this demonstration project, including ‘‘(1) IN GENERAL.—The Secretary, Indian ‘‘(3) training and related support for com- with identification of suicidal tendencies, Tribes, or Tribal Organizations, in coopera- munity leaders, family members and health crisis intervention and suicide prevention, tion with the Secretary of the Interior, shall and education workers who work with Indian emergency skill development, and building develop and implement within each Service youth; and expanding networks among these indi- Unit, community-based rehabilitation and ‘‘(4) the development of culturally-relevant viduals and with State and local health serv- follow-up services for Indian youths who are educational materials on suicide; and ices providers. having significant behavioral health prob- ‘‘(5) data collection and reporting. ‘‘(D) To develop and distribute culturally lems, and require long-term treatment, com- ‘‘(b) DEFINITIONS.—For the purpose of this munity reintegration, and monitoring to appropriate community educational mate- section, the following definitions shall apply: rials on— support the Indian youths after their return ‘‘(1) DEMONSTRATION PROJECT.—The term to their home community. ‘‘(i) suicide prevention; ‘demonstration project’ means the Indian ‘‘(ii) suicide education; ‘‘(2) ADMINISTRATION.—Services under para- youth telemental health demonstration graph (1) shall be provided by trained staff ‘‘(iii) suicide screening; project authorized under subsection (c). ‘‘(iv) suicide intervention; and within the community who can assist the In- ‘‘(2) TELEMENTAL HEALTH.—The term ‘tele- dian youths in their continuing development ‘‘(v) ways to mobilize communities with re- mental health’ means the use of electronic spect to the identification of risk factors for of self-image, positive problem-solving information and telecommunications tech- skills, and nonalcohol or substance abusing suicide. nologies to support long distance mental ‘‘(E) For data collection and reporting re- behaviors. Such staff may include alcohol health care, patient and professional-related and substance abuse counselors, mental lated to Indian youth suicide prevention ef- education, public health, and health admin- forts. health professionals, and other health profes- istration. sionals and paraprofessionals, including ‘‘(2) TRADITIONAL HEALTH CARE PRAC- ‘‘(c) AUTHORIZATION.— TICES.—In carrying out the purposes de- community health representatives. ‘‘(1) IN GENERAL.—The Secretary is author- NCLUSION OF FAMILY IN YOUTH TREAT- scribed in paragraph (1), an Indian Tribe, ‘‘(f) I ized to award grants under the demonstra- MENT PROGRAM.—In providing the treatment Tribal Organization, or Urban Indian Organi- tion project for the provision of telemental and other services to Indian youths author- zation may use and promote the traditional health services to Indian youth who— ized by this section, the Secretary, acting health care practices of the Indian Tribes of ‘‘(A) have expressed suicidal ideas; through the Service, Indian Tribes, and Trib- the youth to be served. ‘‘(B) have attempted suicide; or al Organizations, shall provide for the inclu- ‘‘(e) APPLICATIONS.—To be eligible to re- ‘‘(C) have mental health conditions that sion of family members of such youths in the ceive a grant under subsection (c), an Indian increase or could increase the risk of suicide. treatment programs or other services as may Tribe, Tribal Organization, or Urban Indian ‘‘(2) ELIGIBILITY FOR GRANTS.—Such grants be appropriate. Not less than 10 percent of Organization shall prepare and submit to the shall be awarded to Indian Tribes, Tribal Or- the funds appropriated for the purposes of Secretary an application, at such time, in ganizations, and Urban Indian Organizations carrying out subsection (e) shall be used for such manner, and containing such informa- outpatient care of adult family members re- that operate 1 or more facilities— tion as the Secretary may require, includ- lated to the treatment of an Indian youth ‘‘(A) located in Alaska and part of the ing— under that subsection. Alaska Federal Health Care Access Network; ‘‘(1) a description of the project that the ‘‘(g) MULTIDRUG ABUSE PROGRAM.—The ‘‘(B) reporting active clinical telehealth Indian Tribe, Tribal Organization, or Urban Secretary, acting through the Service, In- capabilities; or Indian Organization will carry out using the dian Tribes, Tribal Organizations, and Urban ‘‘(C) offering school-based telemental funds provided under the grant; Indian Organizations, shall provide, con- health services relating to psychiatry to In- ‘‘(2) a description of the manner in which sistent with section 701, programs and serv- dian youth. the project funded under the grant would— ices to prevent and treat the abuse of mul- ‘‘(3) GRANT PERIOD.—The Secretary shall ‘‘(A) meet the telemental health care needs tiple forms of substances, including alcohol, award grants under this section for a period of the Indian youth population to be served drugs, inhalants, and tobacco, among Indian of up to 4 years. by the project; or youths residing in Indian communities, on or ‘‘(4) AWARDING OF GRANTS.—Not more than ‘‘(B) improve the access of the Indian near reservations, and in urban areas and 5 grants shall be provided under paragraph youth population to be served to suicide pre- provide appropriate mental health services (1), with priority consideration given to In- vention and treatment services; to address the incidence of mental illness dian Tribes, Tribal Organizations, and Urban ‘‘(3) evidence of support for the project among such youths. Indian Organizations that— from the local community to be served by ‘‘(h) INDIAN YOUTH MENTAL HEALTH.—The ‘‘(A) serve a particular community or geo- the project; Secretary, acting through the Service, shall graphic area where there is a demonstrated ‘‘(4) a description of how the families and collect data for the report under section 801 need to address Indian youth suicide; leadership of the communities or popu- with respect to— ‘‘(B) enter in to collaborative partnerships lations to be served by the project would be ‘‘(1) the number of Indian youth who are with Indian Health Service or other Tribal involved in the development and ongoing op- being provided mental health services Health Programs or facilities to provide erations of the project; through the Service and Tribal Health Pro- services under this demonstration project; ‘‘(5) a plan to involve the tribal community grams; ‘‘(C) serve an isolated community or geo- of the youth who are provided services by ‘‘(2) a description of, and costs associated graphic area which has limited or no access the project in planning and evaluating the with, the mental health services provided for to behavioral health services; or mental health care and suicide prevention Indian youth through the Service and Tribal ‘‘(D) operate a detention facility at which efforts provided, in order to ensure the inte- Health Programs; youth are detained. gration of community, clinical, environ- ‘‘(3) the number of youth referred to the ‘‘(d) USE OF FUNDS.— mental, and cultural components of the Service or Tribal Health Programs for men- ‘‘(1) IN GENERAL.—An Indian Tribe, Tribal treatment; and tal health services; Organization, or Urban Indian Organization ‘‘(6) a plan for sustaining the project after ‘‘(4) the number of Indian youth provided shall use a grant received under subsection Federal assistance for the demonstration residential treatment for mental health and (c) for the following purposes: project has terminated.

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‘‘(f) COLLABORATION; REPORTING TO NA- community. Such program may also include ‘‘(2) USE OF FUNDS.— TIONAL CLEARINGHOUSE.— community-based training to develop local ‘‘(A) IN GENERAL.—Funding provided pursu- ‘‘(1) COLLABORATION.—The Secretary, act- capacity and tribal community provider ant to this section shall be used for the fol- ing through the Service, shall encourage In- training for prevention, intervention, treat- lowing: dian Tribes, Tribal Organizations, and Urban ment, and aftercare. ‘‘(i) To develop and provide for Indians Indian Organizations receiving grants under ‘‘(b) INSTRUCTION.—The Secretary, acting community and in-school training, edu- this section to collaborate to enable com- through the Service, shall, either directly or cation, and prevention programs relating to parisons about best practices across projects. through Indian Tribes and Tribal Organiza- fetal alcohol disorders. ‘‘(2) REPORTING TO NATIONAL CLEARING- tions, provide instruction in the area of be- ‘‘(ii) To identify and provide behavioral HOUSE.—The Secretary, acting through the havioral health issues, including instruction health treatment to high-risk Indian women Service, shall also encourage Indian Tribes, in crisis intervention and family relations in and high-risk women pregnant with an Indi- Tribal Organizations, and Urban Indian Or- the context of alcohol and substance abuse, an’s child. ganizations receiving grants under this sec- child sexual abuse, youth alcohol and sub- ‘‘(iii) To identify and provide appropriate tion to submit relevant, declassified project stance abuse, and the causes and effects of psychological services, educational and voca- information to the national clearinghouse fetal alcohol disorders to appropriate em- tional support, counseling, advocacy, and in- authorized under section 701(b)(2) in order to ployees of the Bureau of Indian Affairs and formation to fetal alcohol disorder affected better facilitate program performance and the Service, and to personnel in schools or Indians and their families or caretakers. improve suicide prevention, intervention, programs operated under any contract with ‘‘(iv) To develop and implement counseling and treatment services. the Bureau of Indian Affairs or the Service, and support programs in schools for fetal al- ‘‘(g) ANNUAL REPORT.—Each grant recipi- including supervisors of emergency shelters cohol disorder affected Indian children. ent shall submit to the Secretary an annual and halfway houses described in section 4213 ‘‘(v) To develop prevention and interven- report that— of the Indian Alcohol and Substance Abuse tion models which incorporate practitioners ‘‘(1) describes the number of telemental Prevention and Treatment Act of 1986 (25 of traditional health care practices, cultural health services provided; and U.S.C. 2433). values, and community involvement. ‘‘(2) includes any other information that ‘‘(c) TRAINING MODELS.—In carrying out ‘‘(vi) To develop, print, and disseminate the Secretary may require. the education and training programs re- education and prevention materials on fetal ‘‘(h) REPORT TO CONGRESS.—Not later than quired by this section, the Secretary, in con- alcohol disorder. 270 days after the termination of the dem- sultation with Indian Tribes, Tribal Organi- ‘‘(vii) To develop and implement, in con- onstration project, the Secretary shall sub- zations, Indian behavioral health experts, sultation with Indian Tribes, Tribal Organi- mit to the Committee on Indian Affairs of and Indian alcohol and substance abuse pre- zations, and Urban Indian Organizations, the Senate and the Committee on Resources vention experts, shall develop and provide culturally sensitive assessment and diag- and Committee on Energy and Commerce of community-based training models. Such nostic tools including dysmorphology clinics the House of Representatives a final report, models shall address— and multidisciplinary fetal alcohol disorder based on the annual reports provided by ‘‘(1) the elevated risk of alcohol and behav- clinics for use in Indian communities and grant recipients under subsection (h), that— ioral health problems faced by children of al- Urban Centers. ‘‘(1) describes the results of the projects coholics; ‘‘(B) ADDITIONAL USES.—In addition to any funded by grants awarded under this section, ‘‘(2) the cultural, spiritual, and purpose under subparagraph (A), funding pro- including any data available which indicates multigenerational aspects of behavioral vided pursuant to this section may be used the number of attempted suicides; and health problem prevention and recovery; and for 1 or more of the following: ‘‘(2) evaluates the impact of the telemental ‘‘(3) community-based and multidisci- ‘‘(i) Early childhood intervention projects health services funded by the grants in re- plinary strategies for preventing and treat- from birth on to mitigate the effects of fetal ducing the number of completed suicides ing behavioral health problems. alcohol disorder among Indians. among Indian youth. ‘‘SEC. 711. BEHAVIORAL HEALTH PROGRAM. ‘‘(ii) Community-based support services for ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(a) INNOVATIVE PROGRAMS.—The Sec- Indians and women pregnant with Indian There is authorized to be appropriated to retary, acting through the Service, Indian children. carry out this section $1,500,000 for each of Tribes, and Tribal Organizations, consistent ‘‘(iii) Community-based housing for adult fiscal years 2007 through 2010. with section 701, may plan, develop, imple- Indians with fetal alcohol disorder. ‘‘SEC. 709. INPATIENT AND COMMUNITY-BASED ment, and carry out programs to deliver in- ‘‘(3) CRITERIA FOR APPLICATIONS.—The Sec- MENTAL HEALTH FACILITIES DE- novative community-based behavioral health retary shall establish criteria for the review SIGN, CONSTRUCTION, AND STAFF- services to Indians. and approval of applications for funding ING. ‘‘(b) AWARDS; CRITERIA.—The Secretary under this section. ‘‘Not later than 1 year after the date of en- may award a grant for a project under sub- ‘‘(b) SERVICES.—The Secretary, acting actment of the Indian Health Care Improve- section (a) to an Indian Tribe or Tribal Orga- through the Service and Indian Tribes, Trib- ment Act Amendments of 2006, the Sec- nization and may consider the following cri- al Organizations, and Urban Indian Organiza- retary, acting through the Service, Indian teria: tions, shall— Tribes, and Tribal Organizations, may pro- ‘‘(1) The project will address significant ‘‘(1) develop and provide services for the vide, in each area of the Service, not less unmet behavioral health needs among Indi- prevention, intervention, treatment, and than 1 inpatient mental health care facility, ans. aftercare for those affected by fetal alcohol or the equivalent, for Indians with behav- ‘‘(2) The project will serve a significant disorder in Indian communities; and ioral health problems. For the purposes of number of Indians. ‘‘(2) provide supportive services, including this subsection, California shall be consid- ‘‘(3) The project has the potential to de- services to meet the special educational, vo- ered to be 2 Area Offices, 1 office whose loca- liver services in an efficient and effective cational, school-to-work transition, and tion shall be considered to encompass the manner. independent living needs of adolescent and northern area of the State of California and ‘‘(4) The Indian Tribe or Tribal Organiza- adult Indians with fetal alcohol disorder. 1 office whose jurisdiction shall be consid- tion has the administrative and financial ca- ‘‘(c) TASK FORCE.—The Secretary shall es- ered to encompass the remainder of the pability to administer the project. tablish a task force to be known as the Fetal State of California. The Secretary shall con- ‘‘(5) The project may deliver services in a Alcohol Disorder Task Force to advise the sider the possible conversion of existing, manner consistent with traditional health Secretary in carrying out subsection (b). underused Service hospital beds into psy- care practices. Such task force shall be composed of rep- chiatric units to meet such need. ‘‘(6) The project is coordinated with, and resentatives from the following: ‘‘SEC. 710. TRAINING AND COMMUNITY EDU- avoids duplication of, existing services. ‘‘(1) The National Institute on Drug Abuse. CATION. ‘‘(c) EQUITABLE TREATMENT.—For purposes ‘‘(2) The National Institute on Alcohol and ‘‘(a) PROGRAM.—The Secretary, in coopera- of this subsection, the Secretary shall, in Alcoholism. tion with the Secretary of the Interior, shall evaluating project applications or proposals, ‘‘(3) The Office of Substance Abuse Preven- develop and implement or assist Indian use the same criteria that the Secretary uses tion. Tribes and Tribal Organizations to develop in evaluating any other application or pro- ‘‘(4) The National Institute of Mental and implement, within each Service Unit or posal for such funding. Health. tribal program, a program of community ‘‘SEC. 712. FETAL ALCOHOL DISORDER PRO- ‘‘(5) The Service. education and involvement which shall be GRAMS. ‘‘(6) The Office of Minority Health of the designed to provide concise and timely infor- ‘‘(a) PROGRAMS.— Department of Health and Human Services. mation to the community leadership of each ‘‘(1) ESTABLISHMENT.—The Secretary, con- ‘‘(7) The Administration for Native Ameri- tribal community. Such program shall in- sistent with section 701, acting through the cans. clude education about behavioral health Service, Indian Tribes, and Tribal Organiza- ‘‘(8) The National Institute of Child Health issues to political leaders, Tribal judges, law tions, is authorized to establish and operate and Human Development (NICHD). enforcement personnel, members of tribal fetal alcohol disorder programs as provided ‘‘(9) The Centers for Disease Control and health and education boards, health care in this section for the purposes of meeting Prevention. providers including traditional practitioners, the health status objectives specified in sec- ‘‘(10) The Bureau of Indian Affairs. and other critical members of each tribal tion 3. ‘‘(11) Indian Tribes.

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00133 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11780 CONGRESSIONAL RECORD — SENATE December 8, 2006 ‘‘(12) Tribal Organizations. coholism and other substance abuse, suicide, ‘‘SEC. 716. AUTHORIZATION OF APPROPRIATIONS. ‘‘(13) Urban Indian Organizations. homicides, other injuries, and the incidence ‘‘There is authorized to be appropriated ‘‘(14) Indian fetal alcohol disorder experts. of family violence; and such sums as may be necessary for each fis- ‘‘(d) APPLIED RESEARCH PROJECTS.—The ‘‘(3) the development of models of preven- cal year through fiscal year 2016 to carry out Secretary, acting through the Substance tion techniques. the provisions of this title. Abuse and Mental Health Services Adminis- The effect of the interrelationships and ‘‘TITLE VIII—MISCELLANEOUS tration, shall make grants to Indian Tribes, interdependencies referred to in paragraph ‘‘SEC. 801. REPORTS. Tribal Organizations, and Urban Indian Or- (2) on children, and the development of pre- ‘‘For each fiscal year following the date of ganizations for applied research projects vention techniques under paragraph (3) ap- enactment of the Indian Health Care Im- which propose to elevate the understanding plicable to children, shall be emphasized. provement Act Amendments of 2006, the Sec- of methods to prevent, intervene, treat, or retary shall transmit to Congress a report provide rehabilitation and behavioral health ‘‘SEC. 715. DEFINITIONS. containing the following: aftercare for Indians and Urban Indians af- ‘‘For the purpose of this title, the fol- ‘‘(1) A report on the progress made in fected by fetal alcohol disorder. lowing definitions shall apply: meeting the objectives of this Act, including ‘‘(e) FUNDING FOR URBAN INDIAN ORGANIZA- ‘‘(1) ASSESSMENT.—The term ‘assessment’ a review of programs established or assisted TIONS.—Ten percent of the funds appro- means the systematic collection, analysis, pursuant to this Act and assessments and priated pursuant to this section shall be used and dissemination of information on health recommendations of additional programs or to make grants to Urban Indian Organiza- status, health needs, and health problems. additional assistance necessary to, at a min- tions funded under title V. ‘‘(2) ALCOHOL-RELATED imum, provide health services to Indians and ‘‘SEC. 713. CHILD SEXUAL ABUSE AND PREVEN- NEURODEVELOPMENTAL DISORDERS OR ARND.— ensure a health status for Indians, which are TION TREATMENT PROGRAMS. The term ‘alcohol-related at a parity with the health services available ‘‘(a) ESTABLISHMENT.—The Secretary, act- neurodevelopmental disorders’ or ‘ARND’ to and the health status of the general popu- ing through the Service, and the Secretary means, with a history of maternal alcohol lation. of the Interior, Indian Tribes, and Tribal Or- consumption during pregnancy, central nerv- ‘‘(2) A report on whether, and to what ex- ganizations, shall establish, consistent with ous system involvement such as develop- tent, new national health care programs, section 701, in every Service Area, programs mental delay, intellectual deficit, or benefits, initiatives, or financing systems involving treatment for— neurologic abnormalities. Behaviorally, have had an impact on the purposes of this ‘‘(1) victims of sexual abuse who are Indian there can be problems with irritability, and Act and any steps that the Secretary may children or children in an Indian household; failure to thrive as infants. As children be- have taken to consult with Indian Tribes, and come older there will likely be hyper- Tribal Organizations, and Urban Indian Or- ‘‘(2) perpetrators of child sexual abuse who activity, attention deficit, language dysfunc- ganizations to address such impact, includ- are Indian or members of an Indian house- tion, and perceptual and judgment problems. ing a report on proposed changes in alloca- hold. ‘‘(3) BEHAVIORAL HEALTH AFTERCARE.—The tion of funding pursuant to section 808. ‘‘(b) USE OF FUNDS.—Funding provided pur- term ‘behavioral health aftercare’ includes ‘‘(3) A report on the use of health services suant to this section shall be used for the those activities and resources used to sup- by Indians— following: port recovery following inpatient, residen- ‘‘(A) on a national and area or other rel- ‘‘(1) To develop and provide community tial, intensive substance abuse, or mental evant geographical basis; education and prevention programs related health outpatient or outpatient treatment. ‘‘(B) by gender and age; to sexual abuse of Indian children or children The purpose is to help prevent or deal with ‘‘(C) by source of payment and type of serv- in an Indian household. relapse by ensuring that by the time a client ice; ‘‘(2) To identify and provide behavioral or patient is discharged from a level of care, ‘‘(D) comparing such rates of use with health treatment to victims of sexual abuse such as outpatient treatment, an aftercare rates of use among comparable non-Indian who are Indian children or children in an In- plan has been developed with the client. An populations; and dian household, and to their family members aftercare plan may use such resources as a ‘‘(E) provided under contracts. who are affected by sexual abuse. community-based therapeutic group, transi- ‘‘(4) A report of contractors to the Sec- ‘‘(3) To develop prevention and interven- tional living facilities, a 12-step sponsor, a retary on Health Care Educational Loan Re- tion models which incorporate traditional local 12-step or other related support group, payments every 6 months required by section health care practices, cultural values, and and other community-based providers. 110. community involvement. ‘‘(4) DUAL DIAGNOSIS.—The term ‘dual diag- ‘‘(5) A general audit report of the Sec- ‘‘(4) To develop and implement culturally nosis’ means coexisting substance abuse and retary on the Health Care Educational Loan sensitive assessment and diagnostic tools for mental illness conditions or diagnosis. Such Repayment Program as required by section use in Indian communities and Urban Cen- clients are sometimes referred to as men- 110(n). ters. tally ill chemical abusers (MICAs). ‘‘(6) A report of the findings and conclu- ‘‘(5) To identify and provide behavioral ‘‘(5) FETAL ALCOHOL DISORDERS.—The term sions of demonstration programs on develop- health treatment to Indian perpetrators and ‘fetal alcohol disorders’ means fetal alcohol ment of educational curricula for substance perpetrators who are members of an Indian syndrome, partial fetal alcohol syndrome abuse counseling as required in section 125(f). household— and alcohol related neurodevelopmental dis- ‘‘(7) A separate statement which specifies ‘‘(A) making efforts to begin offender and order (ARND). the amount of funds requested to carry out behavioral health treatment while the perpe- ‘‘(6) FETAL ALCOHOL SYNDROME OR FAS.— the provisions of section 201. trator is incarcerated or at the earliest pos- The term ‘fetal alcohol syndrome’ or ‘FAS’ ‘‘(8) A report of the evaluations of health sible date if the perpetrator is not incarcer- means a syndrome in which, with a history promotion and disease prevention as re- ated; and of maternal alcohol consumption during quired in section 203(c). ‘‘(B) providing treatment after the perpe- pregnancy, the following criteria are met: ‘‘(9) A biennial report to Congress on infec- trator is released, until it is determined that ‘‘(A) Central nervous system involvement tious diseases as required by section 212. the perpetrator is not a threat to children. such as developmental delay, intellectual ‘‘(10) A report on environmental and nu- ‘‘SEC. 714. BEHAVIORAL HEALTH RESEARCH. deficit, microencephaly, or neurologic abnor- clear health hazards as required by section ‘‘The Secretary, in consultation with ap- malities. 215. propriate Federal agencies, shall make ‘‘(B) Craniofacial abnormalities with at ‘‘(11) An annual report on the status of all grants to, or enter into contracts with, In- least 2 of the following: microophthalmia, health care facilities needs as required by dian Tribes, Tribal Organizations, and Urban short palpebral fissures, poorly developed section 301(c)(2)(B) and 301(d). Indian Organizations or enter into contracts philtrum, thin upper lip, flat nasal bridge, ‘‘(12) Reports on safe water and sanitary with, or make grants to appropriate institu- and short upturned nose. waste disposal facilities as required by sections for, the conduct of research on the inci- ‘‘(C) Prenatal or postnatal growth delay. tion 302(h). dence and prevalence of behavioral health ‘‘(7) PARTIAL FAS.—The term ‘partial FAS’ ‘‘(13) An annual report on the expenditure problems among Indians served by the Serv- means, with a history of maternal alcohol of non-Service funds for renovation as re- ice, Indian Tribes, or Tribal Organizations consumption during pregnancy, having most quired by sections 304(b)(2). and among Indians in urban areas. Research of the criteria of FAS, though not meeting a ‘‘(14) A report identifying the backlog of priorities under this section shall include— minimum of at least 2 of the following: maintenance and repair required at Service ‘‘(1) the multifactorial causes of Indian microophthalmia, short palpebral fissures, and tribal facilities required by section youth suicide, including— poorly developed philtrum, thin upper lip, 313(a). ‘‘(A) protective and risk factors and sci- flat nasal bridge, and short upturned nose. ‘‘(15) A report providing an accounting of entific data that identifies those factors; and ‘‘(8) REHABILITATION.—The term ‘rehabili- reimbursement funds made available to the ‘‘(B) the effects of loss of cultural identity tation’ means to restore the ability or capac- Secretary under titles XVIII, XIX, and XXI and the development of scientific data on ity to engage in usual and customary life ac- of the Social Security Act. those effects; tivities through education and therapy. ‘‘(16) A report on any arrangements for the ‘‘(2) the interrelationship and interdepend- ‘‘(9) SUBSTANCE ABUSE.—The term ‘sub- sharing of medical facilities or services, as ence of behavioral health problems with al- stance abuse’ includes inhalant abuse. authorized by section 406.

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‘‘(17) A report on evaluation and renewal of ‘‘SEC. 805. LIMITATIONS. ‘‘(1) IN GENERAL.—The Secretary is author- Urban Indian programs under section 505. ‘‘(a) IN GENERAL.—Any limitation on the ized to provide health services under this ‘‘(18) A report on the evaluation of pro- use of funds contained in an Act providing subsection through health programs oper- grams as required by section 513(d). appropriations for the Department for a pe- ated directly by the Service to individuals ‘‘(19) A report on alcohol and substance riod with respect to the performance of abor- who reside within the Service Unit and who abuse as required by section 701(f). tions shall apply for that period with respect are not otherwise eligible for such health ‘‘(20) A report on Indian youth mental to the performance of abortions using funds services if— health services as required by section 707(h). contained in an Act providing appropriations ‘‘(A) the Indian Tribes served by such Serv- ‘‘(21) A report on the reallocation of base for the Service. ice Unit request such provision of health resources if required by section 808. ‘‘(b) NO LIABILITY.—Although the Sec- services to such individuals; and ‘‘SEC. 802. REGULATIONS. retary may promote traditional health care ‘‘(B) the Secretary and the served Indian practices, consistent with the Service stand- Tribes have jointly determined that— ‘‘(a) DEADLINES.— ards for the provision of health care, health ‘‘(i) the provision of such health services ‘‘(1) PROCEDURES.—Not later than 90 days will not result in a denial or diminution of after the date of enactment of the Indian promotion, and disease prevention under this health services to eligible Indians; and Health Care Improvement Act Amendments Act, the United States is not liable for the ‘‘(ii) there is no reasonable alternative of 2006, the Secretary shall initiate proce- acts or omissions of any person in providing health facilities or services, within or with- dures under subchapter III of chapter 5 of traditional health care practices under this Act that result in damage, injury, death, or out the Service Unit, available to meet the title 5, United States Code, to negotiate and health needs of such individuals. promulgate such regulations or amendments any other outcome to any patient. ‘‘(2) ISDEAA PROGRAMS.—In the case of thereto that are necessary to carry out titles ‘‘SEC. 806. ELIGIBILITY OF CALIFORNIA INDIANS. ‘‘(a) IN GENERAL.—The following California health programs and facilities operated II (except section 202) and VII, the sections under a contract or compact entered into of title III for which negotiated rulemaking Indians shall be eligible for health services provided by the Service: under the Indian Self-Determination and is specifically required, and sections 807 and Education Assistance Act (25 U.S.C. 450 et 811. Unless otherwise required, the Secretary ‘‘(1) Any member of a federally recognized Indian Tribe. seq.), the governing body of the Indian Tribe may promulgate regulations to carry out ti- or Tribal Organization providing health serv- tles I, III, IV, and V, and section 202, using ‘‘(2) Any descendant of an Indian who was residing in California on June 1, 1852, if such ices under such contract or compact is au- the procedures required by chapter V of title thorized to determine whether health serv- descendant— 5, United States Code (commonly known as ices should be provided under such contract ‘‘(A) is a member of the Indian community the ‘Administrative Procedure Act’). to individuals who are not eligible for such served by a local program of the Service; and ‘‘(2) PROPOSED REGULATIONS.—Proposed health services under any other subsection of ‘‘(B) is regarded as an Indian by the com- regulations to implement this Act shall be this section or under any other provision of munity in which such descendant lives. published in the Federal Register by the Sec- law. In making such determinations, the ‘‘(3) Any Indian who holds trust interests retary no later than 2 years after the date of governing body of the Indian Tribe or Tribal in public domain, national forest, or reserva- enactment of the Indian Health Care Im- Organization shall take into account the tion allotments in California. provement Act Amendments of 2006 and shall considerations described in paragraph (1)(B). ‘‘(4) Any Indian in California who is listed have no less than a 120-day comment period. ‘‘(3) PAYMENT FOR SERVICES.— on the plans for distribution of the assets of ‘‘(3) FINAL REGULATIONS.—The Secretary ‘‘(A) IN GENERAL.—Persons receiving health shall publish in the Federal Register final rancherias and reservations located within services provided by the Service under this regulations to implement this Act by not the State of California under the Act of Au- subsection shall be liable for payment of later than 3 years after the date of enact- gust 18, 1958 (72 Stat. 619), and any descend- such health services under a schedule of ment of the Indian Health Care Improvement ant of such an Indian. charges prescribed by the Secretary which, Act Amendments of 2006. ‘‘(b) CLARIFICATION.—Nothing in this sec- in the judgment of the Secretary, results in ‘‘(b) COMMITTEE.—A negotiated rulemaking tion may be construed as expanding the eli- reimbursement in an amount not less than committee established pursuant to section gibility of California Indians for health serv- the actual cost of providing the health serv- 565 of title 5, United States Code, to carry ices provided by the Service beyond the ices. Notwithstanding section 404 of this Act out this section shall have as its members scope of eligibility for such health services or any other provision of law, amounts col- only representatives of the Federal Govern- that applied on May 1, 1986. lected under this subsection, including Medi- ment and representatives of Indian Tribes, ‘‘SEC. 807. HEALTH SERVICES FOR INELIGIBLE care, Medicaid, or SCHIP reimbursements and Tribal Organizations, a majority of PERSONS. under titles XVIII, XIX, and XXI of the So- whom shall be nominated by and be rep- ‘‘(a) CHILDREN.—Any individual who— cial Security Act, shall be credited to the ac- resentatives of Indian Tribes and Tribal Or- ‘‘(1) has not attained 19 years of age; count of the program providing the service ganizations from each Service Area. ‘‘(2) is the natural or adopted child, step- and shall be used for the purposes listed in ‘‘(c) ADAPTATION OF PROCEDURES.—The child, foster child, legal ward, or orphan of section 401(d)(2) and amounts collected under Secretary shall adapt the negotiated rule- an eligible Indian; and this subsection shall be available for expend- making procedures to the unique context of ‘‘(3) is not otherwise eligible for health iture within such program. self-governance and the government-to-gov- services provided by the Service, ‘‘(B) INDIGENT PEOPLE.—Health services ernment relationship between the United shall be eligible for all health services pro- may be provided by the Secretary through States and Indian Tribes. vided by the Service on the same basis and the Service under this subsection to an indi- ‘‘(d) LACK OF REGULATIONS.—The lack of subject to the same rules that apply to eligi- gent individual who would not be otherwise promulgated regulations shall not limit the ble Indians until such individual attains 19 eligible for such health services but for the effect of this Act. years of age. The existing and potential provisions of paragraph (1) only if an agree- ‘‘(e) INCONSISTENT REGULATIONS.—The pro- health needs of all such individuals shall be ment has been entered into with a State or visions of this Act shall supersede any con- taken into consideration by the Service in local government under which the State or flicting provisions of law in effect on the day determining the need for, or the allocation local government agrees to reimburse the before the date of enactment of the Indian of, the health resources of the Service. If Service for the expenses incurred by the Health Care Improvement Act Amendments such an individual has been determined to be Service in providing such health services to of 2006, and the Secretary is authorized to re- legally incompetent prior to attaining 19 such indigent individual. peal any regulation inconsistent with the years of age, such individual shall remain el- ‘‘(4) REVOCATION OF CONSENT FOR SERV- provisions of this Act. igible for such services until 1 year after the ICES.— date of a determination of competency. ‘‘(A) SINGLE TRIBE SERVICE AREA.—In the ‘‘SEC. 803. PLAN OF IMPLEMENTATION. ‘‘(b) SPOUSES.—Any spouse of an eligible case of a Service Area which serves only 1 In- ‘‘Not later than 9 months after the date of Indian who is not an Indian, or who is of In- dian Tribe, the authority of the Secretary to enactment of the Indian Health Care Im- dian descent but is not otherwise eligible for provide health services under paragraph (1) provement Act Amendments of 2006, the Sec- the health services provided by the Service, shall terminate at the end of the fiscal year retary in consultation with Indian Tribes, shall be eligible for such health services if succeeding the fiscal year in which the gov- Tribal Organizations, and Urban Indian Or- all such spouses or spouses who are married erning body of the Indian Tribe revokes its ganizations, shall submit to Congress a plan to members of each Indian Tribe being concurrence to the provision of such health explaining the manner and schedule, by title served are made eligible, as a class, by an ap- services. and section, by which the Secretary will im- propriate resolution of the governing body of ‘‘(B) MULTITRIBAL SERVICE AREA.—In the plement the provisions of this Act. This con- the Indian Tribe or Tribal Organization pro- case of a multitribal Service Area, the au- sultation may be conducted jointly with the viding such services. The health needs of per- thority of the Secretary to provide health annual budget consultation pursuant to the sons made eligible under this paragraph shall services under paragraph (1) shall terminate Indian Self-Determination and Education not be taken into consideration by the Serv- at the end of the fiscal year succeeding the Assistance Act (25 U.S.C. 450 et seq). ice in determining the need for, or allocation fiscal year in which at least 51 percent of the ‘‘SEC. 804. AVAILABILITY OF FUNDS. of, its health resources. number of Indian Tribes in the Service Area ‘‘The funds appropriated pursuant to this ‘‘(c) PROVISION OF SERVICES TO OTHER INDI- revoke their concurrence to the provisions of Act shall remain available until expended. VIDUALS.— such health services.

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‘‘(d) OTHER SERVICES.—The Service may Services Administration of the Public ment of the minority and majority position provide health services under this subsection Health Service, relating to eligibility for the of the Committee and shall be disseminated, to individuals who are not eligible for health health care services of the Indian Health at a minimum, to every Indian Tribe, Tribal services provided by the Service under any Service, the Indian Health Service shall pro- Organization, and Urban Indian Organization other provision of law in order to— vide services pursuant to the criteria for eli- for comment to the Commission. ‘‘(1) achieve stability in a medical emer- gibility for such services that were in effect ‘‘(E) To report regularly to the full Com- gency; on September 15, 1987, subject to the provi- mission regarding the findings and rec- ‘‘(2) prevent the spread of a communicable sions of sections 806 and 807 until such time ommendations developed by the study com- disease or otherwise deal with a public as new criteria governing eligibility for serv- mittee in the course of carrying out its du- health hazard; ices are developed in accordance with section ties under this section. ‘‘(3) provide care to non-Indian women 802. ‘‘(2) To review and analyze the rec- pregnant with an eligible Indian’s child for ‘‘SEC. 812. TRIBAL EMPLOYMENT. ommendations of the report of the study the duration of the pregnancy through ‘‘For purposes of section 2(2) of the Act of committee. postpartum; or July 5, 1935 (49 Stat. 450, chapter 372), an In- ‘‘(3) To make legislative recommendations ‘‘(4) provide care to immediate family dian Tribe or Tribal Organization carrying to Congress regarding the delivery of Federal members of an eligible individual if such out a contract or compact pursuant to the health care services to Indians. Such rec- care is directly related to the treatment of Indian Self-Determination and Education ommendations shall include those related to the eligible individual. Assistance Act (25 U.S.C. 450 et seq.) shall issues of eligibility, benefits, the range of ‘‘(e) HOSPITAL PRIVILEGES FOR PRACTI- not be considered an ‘employer’. service providers, the cost of such services, TIONERS.—Hospital privileges in health fa- ‘‘SEC. 813. SEVERABILITY PROVISIONS. financing such services, and the optimal cilities operated and maintained by the ‘‘If any provision of this Act, any amend- manner in which to provide such services. Service or operated under a contract or comment made by the Act, or the application of ‘‘(4) Not later than 18 months following the pact pursuant to the Indian Self-Determina- such provision or amendment to any person date of appointment of all members of the tion and Education Assistance Act (25 U.S.C. or circumstances is held to be invalid, the re- Commission, submit a written report to Con- 450 et seq.) may be extended to non-Service mainder of this Act, the remaining amend- gress regarding the delivery of Federal health care practitioners who provide serv- ments made by this Act, and the application health care services to Indians. Such rec- ices to individuals described in subsection of such provisions to persons or cir- ommendations shall include those related to (a), (b), (c), or (d). Such non-Service health cumstances other than those to which it is issues of eligibility, benefits, the range of care practitioners may, as part of the privi- held invalid, shall not be affected thereby. service providers, the cost of such services, leging process, be designated as employees of financing such services, and the optimal the Federal Government for purposes of sec- ‘‘SEC. 814. ESTABLISHMENT OF NATIONAL BIPAR- TISAN COMMISSION ON INDIAN manner in which to provide such services. tion 1346(b) and chapter 171 of title 28, United HEALTH CARE. ‘‘(c) MEMBERS.— States Code (relating to Federal tort claims) ‘‘(a) ESTABLISHMENT.—There is established ‘‘(1) APPOINTMENT.—The Commission shall only with respect to acts or omissions which the National Bipartisan Indian Health Care be composed of 25 members, appointed as fol- occur in the course of providing services to Commission (the ‘Commission’). lows: eligible individuals as a part of the condi- ‘‘(b) DUTIES OF COMMISSION.—The duties of tions under which such hospital privileges the Commission are the following: ‘‘(A) Ten members of Congress, including 3 are extended. ‘‘(1) To establish a study committee com- from the House of Representatives and 2 ‘‘(f) ELIGIBLE INDIAN.—For purposes of this posed of those members of the Commission from the Senate, appointed by their respec- section, the term ‘eligible Indian’ means any appointed by the Director and at least 4 tive majority leaders, and 3 from the House Indian who is eligible for health services pro- members of Congress from among the mem- of Representatives and 2 from the Senate, vided by the Service without regard to the bers of the Commission, the duties of which appointed by their respective minority lead- provisions of this section. shall be the following: ers, and who shall be members of the stand- ‘‘SEC. 808. REALLOCATION OF BASE RESOURCES. ‘‘(A) To the extent necessary to carry out ing committees of Congress that consider ‘‘(a) REPORT REQUIRED.—Notwithstanding its duties, collect and compile data nec- legislation affecting health care to Indians. any other provision of law, any allocation of essary to understand the extent of Indian ‘‘(B) Twelve persons chosen by the congres- Service funds for a fiscal year that reduces needs with regard to the provision of health sional members of the Commission, 1 from by 5 percent or more from the previous fiscal services, regardless of the location of Indi- each Service Area as currently designated by year the funding for any recurring program, ans, including holding hearings and solic- the Director to be chosen from among 3 project, or activity of a Service Unit may be iting the views of Indians, Indian Tribes, nominees from each Service Area put for- implemented only after the Secretary has Tribal Organizations, and Urban Indian Or- ward by the Indian Tribes within the area, submitted to Congress, under section 801, a ganizations, which may include authorizing with due regard being given to the experi- report on the proposed change in allocation and making funds available for feasibility ence and expertise of the nominees in the of funding, including the reasons for the studies of various models for providing and provision of health care to Indians and to a change and its likely effects. funding health services for all Indian bene- reasonable representation on the commis- ‘‘(b) EXCEPTION.—Subsection (a) shall not ficiaries, including those who live outside of sion of members who are familiar with var- apply if the total amount appropriated to a reservation, temporarily or permanently. ious health care delivery modes and who rep- the Service for a fiscal year is at least 5 per- The study committee shall also evaluate uti- resent Indian Tribes of various size popu- cent less than the amount appropriated to lization rates by Indians at Indian Health lations. the Service for the previous fiscal year. Programs and Urban Indian Organizations ‘‘(C) Three persons appointed by the Direc- ‘‘SEC. 809. RESULTS OF DEMONSTRATION programs, existing or potential disincentives tor who are knowledgeable about the provi- PROJECTS. to any overutilization of health care serv- sion of health care to Indians, at least 1 of ‘‘The Secretary shall provide for the dis- ices, existing or potential incentives to whom shall be appointed from among 3 nomi- semination to Indian Tribes, Tribal Organi- spend health care resources prudently, and nees put forward by those programs whose zations, and Urban Indian Organizations of the concepts of, and potential incentives to, funds are provided in whole or in part by the the findings and results of demonstration achieving personal responsibility of Indians Service primarily or exclusively for the ben- projects conducted under this Act. or a more direct role of Indians in their per- efit of Urban Indians. ‘‘SEC. 810. PROVISION OF SERVICES IN MONTANA. sonal health care management plans or deci- ‘‘(D) All those persons chosen by the con- ‘‘(a) CONSISTENT WITH COURT DECISION.— sions. gressional members of the Commission and The Secretary, acting through the Service, ‘‘(B) To make legislative recommendations by the Director shall be members of feder- shall provide services and benefits for Indi- to the Commission regarding the delivery of ally recognized Indian Tribes. ans in Montana in a manner consistent with Federal health care services to Indians. Such ‘‘(2) CHAIR; VICE CHAIR.—The Chair and the decision of the United States Court of recommendations shall include those related Vice Chair of the Commission shall be se- Appeals for the Ninth Circuit in McNabb for to issues of eligibility, benefits, the range of lected by the congressional members of the McNabb v. Bowen, 829 F.2d 787 (9th Cir. 1987). service providers, the cost of such services, Commission. ‘‘(b) CLARIFICATION.—The provisions of sub- financing such services, and the optimal ‘‘(3) TERMS.—The terms of members of the section (a) shall not be construed to be an manner in which to provide such services. Commission shall be for the life of the Com- expression of the sense of Congress on the ‘‘(C) To determine the effect of the enact- mission. application of the decision described in sub- ment of such recommendations on (i) the ex- ‘‘(4) DEADLINE FOR APPOINTMENTS.—Con- section (a) with respect to the provision of isting system of delivery of health services gressional members of the Commission shall services or benefits for Indians living in any for Indians, and (ii) the sovereign status of be appointed not later than 180 days after the State other than Montana. Indian Tribes. date of enactment of the Indian Health Care ‘‘SEC. 811. MORATORIUM. ‘‘(D) Not later than 12 months after the ap- Improvement Act Amendments of 2006, and ‘‘During the period of the moratorium im- pointment of all members of the Commis- the remaining members of the Commission posed on implementation of the final rule sion, to submit a written report of its find- shall be appointed not later than 60 days fol- published in the Federal Register on Sep- ings and recommendations to the full Com- lowing the appointment of the congressional tember 16, 1987, by the Health Resources and mission. The report shall include a state- members.

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‘‘(5) VACANCY.—A vacancy in the Commis- studies or investigations as the Commission August 5, 1954 (68 Stat. 674), as amended by sion shall be filled in the manner in which determines to be necessary to carry out its the Act of July 31, 1959 (73 Stat. 267).’’. the original appointment was made. duties. SEC. 103. NATIVE AMERICAN HEALTH AND ‘‘(d) COMPENSATION.— ‘‘(3)(A) The Director of the Congressional WELLNESS FOUNDATION. ‘‘(1) CONGRESSIONAL MEMBERS.—Each con- Budget Office or the Chief Actuary of the (a) IN GENERAL.—The Indian Self-Deter- gressional member of the Commission shall Centers for Medicare & Medicaid Services, or mination and Education Assistance Act (25 receive no additional pay, allowances, or both, shall provide to the Commission, upon U.S.C. 450 et seq.) is amended by adding at benefits by reason of their service on the the request of the Commission, such cost es- the end the following: Commission and shall receive travel ex- timates as the Commission determines to be ‘‘TITLE VIII—NATIVE AMERICAN HEALTH penses and per diem in lieu of subsistence in necessary to carry out its duties. AND WELLNESS FOUNDATION accordance with sections 5702 and 5703 of ‘‘(B) The Commission shall reimburse the ‘‘SEC. 801. DEFINITIONS. title 5, United States Code. Director of the Congressional Budget Office ‘‘In this title: ‘‘(2) OTHER MEMBERS.—Remaining members for expenses relating to the employment in ‘‘(1) BOARD.—The term ‘Board’ means the of the Commission, while serving on the the office of that Director of such additional Board of Directors of the Foundation. business of the Commission (including travel staff as may be necessary for the Director to ‘‘(2) COMMITTEE.—The term ‘Committee’ time), shall be entitled to receive compensa- comply with requests by the Commission means the Committee for the Establishment tion at the per diem equivalent of the rate under subparagraph (A). of Native American Health and Wellness provided for level IV of the Executive Sched- ‘‘(4) Upon the request of the Commission, Foundation established under section 802(f). ule under section 5315 of title 5, United the head of any Federal agency is authorized ‘‘(3) FOUNDATION.—The term ‘Foundation’ States Code, and while so serving away from to detail, without reimbursement, any of the means the Native American Health and home and the member’s regular place of personnel of such agency to the Commission Wellness Foundation established under sec- business, a member may be allowed travel to assist the Commission in carrying out its tion 802. expenses, as authorized by the Chairman of duties. Any such detail shall not interrupt or ‘‘(4) SECRETARY.—The term ‘Secretary’ the Commission. For purpose of pay (other otherwise affect the civil service status or means the Secretary of Health and Human than pay of members of the Commission) and privileges of the Federal employee. Services. employment benefits, rights, and privileges, ‘‘(5) Upon the request of the Commission, ‘‘(5) SERVICE.—The term ‘Service’ means all personnel of the Commission shall be the head of a Federal agency shall provide the Indian Health Service of the Department treated as if they were employees of the such technical assistance to the Commission of Health and Human Services. United States Senate. as the Commission determines to be nec- ‘‘SEC. 802. NATIVE AMERICAN HEALTH AND ‘‘(e) MEETINGS.—The Commission shall essary to carry out its duties. WELLNESS FOUNDATION. meet at the call of the Chair. ‘‘(6) The Commission may use the United ‘‘(a) ESTABLISHMENT.— ‘‘(f) QUORUM.—A quorum of the Commis- States mails in the same manner and under sion shall consist of not less than 15 mem- ‘‘(1) IN GENERAL.—As soon as practicable the same conditions as Federal agencies and bers, provided that no less than 6 of the after the date of enactment of this title, the shall, for purposes of the frank, be consid- members of Congress who are Commission Secretary shall establish, under the laws of members are present and no less than 9 of ered a commission of Congress as described the District of Columbia and in accordance the members who are Indians are present. in section 3215 of title 39, United States with this title, the Native American Health ‘‘(g) EXECUTIVE DIRECTOR; STAFF; FACILI- Code. and Wellness Foundation. TIES.— ‘‘(7) The Commission may secure directly ‘‘(2) FUNDING DETERMINATIONS.—No funds, ‘‘(1) APPOINTMENT; PAY.—The Commission from any Federal agency information nec- gift, property, or other item of value (includ- shall appoint an executive director of the essary to enable it to carry out its duties, if ing any interest accrued on such an item) ac- Commission. The executive director shall be the information may be disclosed under sec- quired by the Foundation shall— paid the rate of basic pay for level V of the tion 552 of title 4, United States Code. Upon ‘‘(A) be taken into consideration for pur- Executive Schedule. request of the Chairman of the Commission, poses of determining Federal appropriations ‘‘(2) STAFF APPOINTMENT.—With the ap- the head of such agency shall furnish such relating to the provision of health care and proval of the Commission, the executive di- information to the Commission. services to Indians; or rector may appoint such personnel as the ex- ‘‘(8) Upon the request of the Commission, ‘‘(B) otherwise limit, diminish, or affect ecutive director deems appropriate. the Administrator of General Services shall the Federal responsibility for the provision ‘‘(3) STAFF PAY.—The staff of the Commis- provide to the Commission on a reimburs- of health care and services to Indians. sion shall be appointed without regard to the able basis such administrative support serv- ‘‘(b) PERPETUAL EXISTENCE.—The Founda- provisions of title 5, United States Code, gov- ices as the Commission may request. tion shall have perpetual existence. erning appointments in the competitive ‘‘(9) For purposes of costs relating to print- ‘‘(c) NATURE OF CORPORATION.—The Foun- service, and shall be paid without regard to ing and binding, including the cost of per- dation— the provisions of chapter 51 and subchapter sonnel detailed from the Government Print- ‘‘(1) shall be a charitable and nonprofit fed- III of chapter 53 of such title (relating to ing Office, the Commission shall be deemed erally chartered corporation; and classification and General Schedule pay to be a committee of Congress. ‘‘(2) shall not be an agency or instrumen- rates). ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— tality of the United States. ‘‘(4) TEMPORARY SERVICES.—With the ap- There is authorized to be appropriated ‘‘(d) PLACE OF INCORPORATION AND DOMI- proval of the Commission, the executive di- $4,000,000 to carry out the provisions of this CILE.—The Foundation shall be incorporated rector may procure temporary and intermit- section, which sum shall not be deducted and domiciled in the District of Columbia. ‘‘(e) DUTIES.—The Foundation shall— tent services under section 3109(b) of title 5, from or affect any other appropriation for ‘‘(1) encourage, accept, and administer pri- United States Code. health care for Indian persons. vate gifts of real and personal property, and ‘‘(5) FACILITIES.—The Administrator of ‘‘(j) NONAPPLICABILITY OF FACA.—The Fed- any income from or interest in such gifts, for General Services shall locate suitable office eral Advisory Committee Act (5 U.S.C. App.) the benefit of, or in support of, the mission space for the operation of the Commission. shall not apply to the Commission. of the Service; The facilities shall serve as the headquarters ‘‘SEC. 815. APPROPRIATIONS; AVAILABILITY. ‘‘(2) undertake and conduct such other ac- of the Commission and shall include all nec- ‘‘Any new spending authority (described in tivities as will further the health and essary equipment and incidentals required subparagraph (A) or (B) of section 401(c)(2) of wellness activities and opportunities of Na- for the proper functioning of the Commis- the Congressional Budget Act of 1974 (Public tive Americans; and sion. Law 93–344; 88 Stat. 317)) which is provided ‘‘(3) participate with and assist Federal, ‘‘(h) HEARINGS.—(1) For the purpose of car- under this Act shall be effective for any fis- State, and tribal governments, agencies, en- rying out its duties, the Commission may cal year only to such extent or in such tities, and individuals in undertaking and hold such hearings and undertake such other amounts as are provided in appropriation conducting activities that will further the activities as the Commission determines to Acts. health and wellness activities and opportuni- be necessary to carry out its duties, provided ‘‘SEC. 816. AUTHORIZATION OF APPROPRIATIONS. that at least 6 regional hearings are held in ties of Native Americans. ‘‘(a) IN GENERAL.—There are authorized to different areas of the United States in which ‘‘(f) COMMITTEE FOR THE ESTABLISHMENT OF be appropriated such sums as may be nec- large numbers of Indians are present. Such NATIVE AMERICAN HEALTH AND WELLNESS essary for each fiscal year through fiscal hearings are to be held to solicit the views of FOUNDATION.— year 2016 to carry out this title.’’. Indians regarding the delivery of health care ‘‘(1) IN GENERAL.—The Secretary shall es- services to them. To constitute a hearing SEC. 102. SOBOBA SANITATION FACILITIES. tablish the Committee for the Establishment under this subsection, at least 5 members of The Act of December 17, 1970 (84 Stat. 1465), of Native American Health and Wellness the Commission, including at least 1 member is amended by adding at the end the fol- Foundation to assist the Secretary in estab- of Congress, must be present. Hearings held lowing: lishing the Foundation. by the study committee established in this ‘‘SEC. 9. Nothing in this Act shall preclude ‘‘(2) DUTIES.—Not later than 180 days after section may count toward the number of re- the Soboba Band of Mission Indians and the the date of enactment of this section, the gional hearings required by this subsection. Soboba Indian Reservation from being pro- Committee shall— ‘‘(2) Upon request of the Commission, the vided with sanitation facilities and services ‘‘(A) carry out such activities as are nec- Comptroller General shall conduct such under the authority of section 7 of the Act of essary to incorporate the Foundation under

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the laws of the District of Columbia, includ- ‘‘(2) ACTIVITIES; OFFICES.—The activities of ‘‘(1) shall be deposited in the Treasury of ing acting as incorporators of the Founda- the Foundation may be conducted, and of- the United States to the credit of the appli- tion; fices may be maintained, throughout the cable appropriations account; and ‘‘(B) ensure that the Foundation qualifies United States in accordance with the con- ‘‘(2) shall be chargeable for the cost of pro- for and maintains the status required to stitution and bylaws of the Foundation. viding services described in subsection (a)(1) carry out this section, until the Board is es- ‘‘(k) SERVICE OF PROCESS.—The Foundation and travel expenses described in subsection tablished; shall comply with the law on service of proc- (a)(2). ‘‘(C) establish the constitution and initial ess of each State in which the Foundation is ‘‘(c) CONTINUATION OF CERTAIN SERVICES.— bylaws of the Foundation; incorporated and of each State in which the The Secretary may continue to provide fa- ‘‘(D) provide for the initial operation of the Foundation carries on activities. cilities and necessary support services to the Foundation, including providing for tem- ‘‘(l) LIABILITY OF OFFICERS, EMPLOYEES, Foundation after the termination of the 5- porary or interim quarters, equipment, and AND AGENTS.— year period specified in subsection (a) if the staff; and ‘‘(1) IN GENERAL.—The Foundation shall be facilities and services— ‘‘(E) appoint the initial members of the liable for the acts of the officers, employees, ‘‘(1) are available; and Board in accordance with the constitution and agents of the Foundation acting within ‘‘(2) are provided on reimbursable cost and initial bylaws of the Foundation. the scope of their authority. basis.’’. ‘‘(g) BOARD OF DIRECTORS.— ‘‘(2) PERSONAL LIABILITY.—A member of the (b) TECHNICAL AMENDMENTS.—The Indian ‘‘(1) IN GENERAL.—The Board of Directors Board shall be personally liable only for Self-Determination and Education Assist- shall be the governing body of the Founda- gross negligence in the performance of the ance Act is amended— tion. duties of the member. (1) by redesignating title V (25 U.S.C. ‘‘(2) POWERS.—The Board may exercise, or ‘‘(m) RESTRICTIONS.— 458bbb et seq.) as title VII; provide for the exercise of, the powers of the ‘‘(1) LIMITATION ON SPENDING.—Beginning (2) by redesignating sections 501, 502, and Foundation. with the fiscal year following the first full 503 (25 U.S.C. 458bbb, 458bbb–1, 458bbb–2) as ‘‘(3) SELECTION.— fiscal year during which the Foundation is in sections 701, 702, and 703, respectively; and ‘‘(A) IN GENERAL.—Subject to subparagraph operation, the administrative costs of the (3) in subsection (a)(2) of section 702 and (B), the number of members of the Board, the Foundation shall not exceed the percentage paragraph (2) of section 703 (as redesignated manner of selection of the members (includ- described in paragraph (2) of the sum of— by paragraph (2)), by striking ‘‘section 501’’ ing the filling of vacancies), and the terms of ‘‘(A) the amounts transferred to the Foun- and inserting ‘‘section 701’’. dation under subsection (o) during the pre- office of the members shall be as provided in TITLE II—IMPROVEMENT OF INDIAN the constitution and bylaws of the Founda- ceding fiscal year; and ‘‘(B) donations received from private HEALTH CARE PROVIDED UNDER THE tion. SOCIAL SECURITY ACT ‘‘(B) REQUIREMENTS.— sources during the preceding fiscal year. ‘‘(2) PERCENTAGES.—The percentages re- SEC. 201. EXPANSION OF PAYMENTS UNDER ‘‘(i) NUMBER OF MEMBERS.—The Board shall MEDICARE, MEDICAID, AND SCHIP have at least 11 members, who shall have ferred to in paragraph (1) are— ‘‘(A) for the first fiscal year described in FOR ALL COVERED SERVICES FUR- staggered terms. NISHED BY INDIAN HEALTH PRO- ‘‘(ii) INITIAL VOTING MEMBERS.—The initial that paragraph, 20 percent; GRAMS. voting members of the Board— ‘‘(B) for the following fiscal year, 15 per- (a) MEDICAID.— ‘‘(I) shall be appointed by the Committee cent; and (1) EXPANSION TO ALL COVERED SERVICES.— not later than 180 days after the date on ‘‘(C) for each fiscal year thereafter, 10 per- Section 1911 of the Social Security Act (42 which the Foundation is established; and cent. U.S.C. 1396j) is amended— ‘‘(II) shall have staggered terms. ‘‘(3) APPOINTMENT AND HIRING.—The ap- (A) by amending the heading to read as fol- pointment of officers and employees of the ‘‘(iii) QUALIFICATION.—The members of the lows: Foundation shall be subject to the avail- Board shall be United States citizens who ‘‘SEC. 1911. INDIAN HEALTH PROGRAMS.’’; and ability of funds. are knowledgeable or experienced in Native (B) by amending subsection (a) to read as American health care and related matters. ‘‘(4) STATUS.—A member of the Board or officer, employee, or agent of the Foundation follows: ‘‘(C) COMPENSATION.—A member of the ‘‘(a) ELIGIBILITY FOR PAYMENT FOR MEDICAL shall not by reason of association with the Board shall not receive compensation for ASSISTANCE.—The Indian Health Service and Foundation be considered to be an officer, service as a member, but shall be reimbursed an Indian Tribe, Tribal Organization, or an employee, or agent of the United States. for actual and necessary travel and subsist- Urban Indian Organization shall be eligible ‘‘(n) AUDITS.—The Foundation shall com- ence expenses incurred in the performance of ply with section 10101 of title 36, United for payment for medical assistance provided the duties of the Foundation. States Code, as if the Foundation were a cor- under a State plan or under waiver authority ‘‘(h) OFFICERS.— poration under part B of subtitle II of that with respect to items and services furnished ‘‘(1) IN GENERAL.—The officers of the Foun- title. by the Indian Health Service, Indian Tribe, dation shall be— ‘‘(o) FUNDING.— Tribal Organization, or Urban Indian Organi- ‘‘(A) a secretary, elected from among the ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— zation if the furnishing of such services members of the Board; and There is authorized to be appropriated to meets all the conditions and requirements ‘‘(B) any other officers provided for in the carry out subsection (e)(1) $500,000 for each which are applicable generally to the fur- constitution and bylaws of the Foundation. fiscal year, as adjusted to reflect changes in nishing of items and services under this title ‘‘(2) CHIEF OPERATING OFFICER.—The sec- the Consumer Price Index for all-urban con- and under such plan or waiver authority.’’. retary of the Foundation may serve, at the sumers published by the Department of (2) COMPLIANCE WITH CONDITIONS AND RE- direction of the Board, as the chief operating Labor. QUIREMENTS.—Subsection (b) of such section officer of the Foundation, or the Board may ‘‘(2) TRANSFER OF DONATED FUNDS.—The is amended to read as follows: appoint a chief operating officer, who shall Secretary shall transfer to the Foundation ‘‘(b) COMPLIANCE WITH CONDITIONS AND RE- serve at the direction of the Board. funds held by the Department of Health and QUIREMENTS.—A facility of the Indian Health ‘‘(3) ELECTION.—The manner of election, Human Services under the Act of August 5, Service or an Indian Tribe, Tribal Organiza- term of office, and duties of the officers of 1954 (42 U.S.C. 2001 et seq.), if the transfer or tion, or an Urban Indian Organization which the Foundation shall be as provided in the use of the funds is not prohibited by any is eligible for payment under subsection (a) constitution and bylaws of the Foundation. term under which the funds were donated. with respect to the furnishing of items and services, but which does not meet all of the ‘‘(i) POWERS.—The Foundation— ‘‘SEC. 803. ADMINISTRATIVE SERVICES AND SUP- ‘‘(1) shall adopt a constitution and bylaws PORT. conditions and requirements of this title and for the management of the property of the ‘‘(a) PROVISION OF SUPPORT BY SEC- under a State plan or waiver authority Foundation and the regulation of the affairs RETARY.—Subject to subsection (b), during which are applicable generally to such facil- of the Foundation; the 5-year period beginning on the date on ity, shall make such improvements as are ‘‘(2) may adopt and alter a corporate seal; which the Foundation is established, the necessary to achieve or maintain compliance ‘‘(3) may enter into contracts; Secretary— with such conditions and requirements in ac- ‘‘(4) may acquire (through a gift or other- ‘‘(1) may provide personnel, facilities, and cordance with a plan submitted to and ac- wise), own, lease, encumber, and transfer other administrative support services to the cepted by the Secretary for achieving or real or personal property as necessary or Foundation; maintaining compliance with such condi- convenient to carry out the purposes of the ‘‘(2) may provide funds for initial operating tions and requirements, and shall be deemed Foundation; costs and to reimburse the travel expenses of to meet such conditions and requirements ‘‘(5) may sue and be sued; and the members of the Board; and (and to be eligible for payment under this ‘‘(6) may perform any other act necessary ‘‘(3) shall require and accept reimburse- title), without regard to the extent of its ac- and proper to carry out the purposes of the ments from the Foundation for— tual compliance with such conditions and re- Foundation. ‘‘(A) services provided under paragraph (1); quirements, during the first 12 months after ‘‘(j) PRINCIPAL OFFICE.— and the month in which such plan is submitted.’’. ‘‘(1) IN GENERAL.—The principal office of ‘‘(B) funds provided under paragraph (2). (3) REVISION OF AUTHORITY TO ENTER INTO the Foundation shall be in the District of Co- ‘‘(b) REIMBURSEMENT.—Reimbursements AGREEMENTS.—Subsection (c) of such section lumbia. accepted under subsection (a)(3)— is amended to read as follows:

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‘‘(c) AUTHORITY TO ENTER INTO AGREE- pliance with such conditions and require- dian Organizations to provide outreach, edu- MENTS.—The Secretary may enter into an ments, and shall be deemed to meet such cation regarding eligibility and benefits, en- agreement with a State for the purpose of re- conditions and requirements (and to be eligi- rollment, and translation services when such imbursing the State for medical assistance ble for payment under this title), without re- services are appropriate. provided by the Indian Health Service, an In- gard to the extent of its actual compliance ‘‘(2) CONSTRUCTION.—Nothing in subpara- dian Tribe, Tribal Organization, or an Urban with such conditions and requirements, dur- graph (A) shall be construed as affecting ar- Indian Organization (as so defined), directly, ing the first 12 months after the month in rangements entered into between States and through referral, or under contracts or other which such plan is submitted.’’. the Indian Health Service, Indian Tribes, arrangements between the Indian Health (3) CROSS-REFERENCES TO SPECIAL FUND FOR Tribal Organizations, or Urban Indian Orga- Service, an Indian Tribe, Tribal Organiza- IMPROVEMENT OF IHS FACILITIES; DIRECT BILL- nizations for such Service, Tribes, or Organi- tion, or an Urban Indian Organization and ING OPTION; DEFINITIONS.— zations to conduct administrative activities another health care provider to Indians who (A) IN GENERAL.—Such section is further under such titles. are eligible for medical assistance under the amended by striking subsections (c) and (d) ‘‘(b) REQUIREMENT TO FACILITATE COOPERA- State plan or under waiver authority.’’. and inserting the following new subsections: TION.—The Secretary, acting through the (4) CROSS-REFERENCES TO SPECIAL FUND FOR ‘‘(c) SPECIAL FUND FOR IMPROVEMENT OF Centers for Medicare & Medicaid Services, IMPROVEMENT OF IHS FACILITIES; DIRECT BILL- IHS FACILITIES.—For provisions relating to shall take such steps as are necessary to fa- ING OPTION; DEFINITIONS.—Such section is fur- the authority of the Secretary to place pay- cilitate cooperation with, and agreements ther amended by striking subsection (d) and ments to which a facility of the Indian between, States and the Indian Health Serv- adding at the end the following new sub- Health Service is eligible for payment under ice, Indian Tribes, Tribal Organizations, or sections: this title into a special fund established Urban Indian Organizations with respect to ‘‘(d) SPECIAL FUND FOR IMPROVEMENT OF under section 401(c)(1) of the Indian Health the provision of health care items and serv- IHS FACILITIES.—For provisions relating to Care Improvement Act, and the requirement ices to Indians under the programs estab- the authority of the Secretary to place pay- to use amounts paid from such fund for mak- lished under title XVIII, XIX, or XXI. ‘‘(c) DEFINITION OF INDIAN; INDIAN TRIBE; ments to which a facility of the Indian ing improvements in accordance with sub- INDIAN HEALTH PROGRAM; TRIBAL ORGANIZA- Health Service is eligible for payment under section (b), see subparagraphs (A) and (B) of TION; URBAN INDIAN ORGANIZATION.—In this this title into a special fund established section 401(c)(1) of such Act. section, the terms ‘Indian’, ‘Indian Tribe’, under section 401(c)(1) of the Indian Health ‘‘(d) DIRECT BILLING.—For provisions relat- ‘Indian Health Program’, ‘Tribal Organiza- ing to the authority of a Tribal Health Pro- Care Improvement Act, and the requirement tion’, and ‘Urban Indian Organization’ have gram or an Urban Indian Organization to to use amounts paid from such fund for mak- the meanings given those terms in section 4 elect to directly bill for, and receive paying improvements in accordance with sub- of the Indian Health Care Improvement section (b), see subparagraphs (A) and (B) of ment for, health care items and services pro- Act.’’. section 401(c)(1) of such Act. vided by such Program or Organization for SEC. 203. ADDITIONAL PROVISIONS TO INCREASE ‘‘(e) DIRECT BILLING.—For provisions relat- which payment is made under this title, see OUTREACH TO, AND ENROLLMENT ing to the authority of a Tribal Health Pro- section 401(d) of the Indian Health Care Im- OF, INDIANS IN SCHIP AND MED- gram or an Urban Indian Organization to provement Act.’’. ICAID. elect to directly bill for, and receive pay- (B) CONFORMING AMENDMENT.—Paragraph (a) NONAPPLICATION OF 10 PERCENT LIMIT ON ment for, health care items and services pro- (3) of section 1880(e) of such Act (42 U.S.C. OUTREACH AND CERTAIN OTHER EXPENDI- vided by such Program or Organization for 1395qq(e)) is amended by inserting ‘‘and sec- TURES.—Section 2105(c)(2) of the Social Secu- which payment is made under this title, see tion 401(c)(1) of the Indian Health Care Im- rity Act (42 U.S.C. 1397ee(c)(2)) is amended by section 401(d) of the Indian Health Care Im- provement Act’’ after ‘‘Subsection (c)’’. adding at the end the following new subpara- provement Act. (4) DEFINITIONS.—Such section is further graph: ‘‘(f) DEFINITIONS.—In this section, the amended by amending subsection (f) to read ‘‘(C) NONAPPLICATION TO EXPENDITURES FOR terms ‘Indian Health Program’, ‘Indian as follows: OUTREACH TO INCREASE THE ENROLLMENT OF Tribe’,‘Tribal Health Program’, ‘Tribal Orga- ‘‘(f) DEFINITIONS.—In this section, the INDIAN CHILDREN UNDER THIS TITLE AND TITLE nization’, and ‘Urban Indian Organization’ terms ‘Indian Health Program’, ‘Indian XIX.—The limitation under subparagraph (A) have the meanings given those terms in sec- Tribe’, ‘Service Unit’, ‘Tribal Health Pro- on expenditures for items described in sub- tion 4 of the Indian Health Care Improve- gram’, ‘Tribal Organization’, and ‘Urban In- section (a)(1)(D) shall not apply in the case ment Act.’’. dian Organization’ have the meanings given of expenditures for outreach activities to (b) MEDICARE.— those terms in section 4 of the Indian Health families of Indian children likely to be eligi- (1) EXPANSION TO ALL COVERED SERVICES.— Care Improvement Act.’’. ble for child health assistance under the plan Section 1880 of such Act (42 U.S.C. 1395qq) is (c) APPLICATION TO SCHIP.—Section or medical assistance under the State plan amended— 2107(e)(1) of the Social Security Act (42 under title XIX (or under a waiver of such (A) by amending the heading to read as fol- U.S.C. 1397gg(e)(1)) is amended— plan), to inform such families of the avail- lows: (1) by redesignating subparagraph (D) as ability of, and to assist them in enrolling ‘‘SEC. 1880. INDIAN HEALTH PROGRAMS.’’; and subparagraph (E); and their children in, such plans, including such (B) by amending subsection (a) to read as (2) by inserting after subparagraph (C), the activities conducted under grants, contracts, follows: following new subparagraph: or agreements entered into under section ‘‘(D) Section 1911 (relating to Indian ‘‘(a) ELIGIBILITY FOR PAYMENTS.—Subject 1139(a).’’. (b) ASSURANCE OF PAYMENTS TO INDIAN to subsection (e), the Indian Health Service Health Programs, other than subsection (d) HEALTH CARE PROVIDERS FOR CHILD HEALTH and an Indian Tribe, Tribal Organization, or of such section).’’. ASSISTANCE.—Section 2102(b)(3)(D) of such an Urban Indian Organization shall be eligi- SEC. 202. INCREASED OUTREACH TO INDIANS Act (42 U.S.C. 1397bb(b)(3)(D)) is amended by ble for payments under this title with re- UNDER MEDICAID AND SCHIP AND IMPROVED COOPERATION IN THE striking ‘‘(as defined in section 4(c) of the In- spect to items and services furnished by the PROVISION OF ITEMS AND SERVICES dian Health Care Improvement Act, 25 U.S.C. Indian Health Service, Indian Tribe, Tribal TO INDIANS UNDER SOCIAL SECU- 1603(c))’’ and inserting ‘‘, including how the Organization, or Urban Indian Organization RITY ACT HEALTH BENEFIT PRO- State will ensure that payments are made to if the furnishing of such services meets all GRAMS. Indian Health Programs and Urban Indian the conditions and requirements which are Section 1139 of the Social Security Act (42 Organizations operating in the State for the applicable generally to the furnishing of U.S.C. 1320b–9) is amended to read as follows: provision of such assistance’’. items and services under this title.’’. ‘‘SEC. 1139. IMPROVED ACCESS TO, AND DELIV- (c) INCLUSION OF OTHER INDIAN FINANCED (2) COMPLIANCE WITH CONDITIONS AND RE- ERY OF, HEALTH CARE FOR INDIANS HEALTH CARE PROGRAMS IN EXEMPTION FROM QUIREMENTS.—Subsection (b) of such section UNDER TITLES XVIII, XIX, AND XXI. PROHIBITION ON CERTAIN PAYMENTS.—Section is amended to read as follows: ‘‘(a) AGREEMENTS WITH STATES FOR MED- 2105(c)(6)(B) of such Act (42 U.S.C. ‘‘(b) COMPLIANCE WITH CONDITIONS AND RE- ICAID AND SCHIP OUTREACH ON OR NEAR RES- 1397ee(c)(6)(B)) is amended by striking ‘‘in- QUIREMENTS.—Subject to subsection (e), a fa- ERVATIONS TO INCREASE THE ENROLLMENT OF surance program, other than an insurance cility of the Indian Health Service or an In- INDIANS IN THOSE PROGRAMS.— program operated or financed by the Indian dian Tribe, Tribal Organization, or an Urban ‘‘(1) IN GENERAL.—In order to improve the Health Service’’ and inserting ‘‘program, Indian Organization which is eligible for pay- access of Indians residing on or near a res- other than a health care program operated ment under subsection (a) with respect to ervation to obtain benefits under the Med- or financed by the Indian Health Service or the furnishing of items and services, but icaid and State children’s health insurance by an Indian Tribe, Tribal Organization, or which does not meet all of the conditions programs established under titles XIX and Urban Indian Organization’’. and requirements of this title which are ap- XXI, the Secretary shall encourage the State (d) SATISFACTION OF MEDICAID DOCUMENTA- plicable generally to such facility, shall to take steps to provide for enrollment on or TION REQUIREMENTS.— make such improvements as are necessary to near the reservation. Such steps may include (1) IN GENERAL.—Section 1903(x)(3)(B) of the achieve or maintain compliance with such outreach efforts such as the outstationing of Social Security Act (42 U.S.C. 1396b(x)(3)(B)) conditions and requirements in accordance eligibility workers, entering into agreements is amended— with a plan submitted to and accepted by the with the Indian Health Service, Indian (A) by redesignating clause (v) as clause Secretary for achieving or maintaining com- Tribes, Tribal Organizations, and Urban In- (vi); and

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00139 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11786 CONGRESSIONAL RECORD — SENATE December 8, 2006 (B) by inserting after clause (iv), the fol- premium, or similar charge, or any deduc- that the procedures established by the State lowing new clause: tion, copayment, cost sharing, or similar agency under subparagraph (A) exempt in- ‘‘(v)(I) Except as provided in subclause (II), charge that would be due from the Indian come, resources, and property that are ex- a document issued by a federally-recognized but for the operation of subparagraph (A). empt from the application of this subsection Indian tribe evidencing membership or en- ‘‘(2) RULE OF CONSTRUCTION.—Nothing in as of April 1, 2003, under manual instructions rollment in, or affiliation with, such tribe. this subsection shall be construed as re- issued to carry out this subsection (as in ef- ‘‘(II) With respect to those federally-recog- stricting the application of any other limita- fect on such date) because of the Federal re- nized Indian tribes located within States tions on the imposition of premiums or cost sponsibility for Indian Tribes and Alaska Na- having an international border whose mem- sharing that may apply to an individual re- tive Villages. Nothing in this subparagraph bership includes individuals who are not citi- ceiving medical assistance under this title shall be construed as preventing the Sec- zens of the United States, the Secretary who is an Indian. retary from providing additional estate re- shall, after consulting with such tribes, issue ‘‘(3) DEFINITIONS.—In this subsection, the covery exemptions under this title for Indi- regulations authorizing the presentation of terms ‘contract health service’, ‘Indian’, ‘In- ans.’’. dian Tribe’, ‘Tribal Organization’, and such other forms of documentation (includ- SEC. 205. NONDISCRIMINATION IN QUALIFICA- ing tribal documentation, if appropriate) ‘Urban Indian Organization’ have the mean- TIONS FOR PAYMENT FOR SERVICES that the Secretary determines to be satisfac- ings given those terms in section 4 of the In- UNDER FEDERAL HEALTH CARE tory documentary evidence of citizenship or dian Health Care Improvement Act.’’. PROGRAMS. nationality for purposes of satisfying the re- (2) CONFORMING AMENDMENT.—Section Section 1139 of the Social Security Act (42 quirement of this subsection.’’. 1916A (a)(1) of such Act (42 U.S.C. 1396o– U.S.C. 1320b–9), as amended by section 202, is (2) TRANSITION RULE.—During the period 1(a)(1)) is amended by striking ‘‘section amended by redesignating subsection (c) as that begins on July 1, 2006, and ends on the 1916(g)’’ and inserting ‘‘subsections (g), (i), or subsection (d), and inserting after subsection effective date of final regulations issued (j) of section 1916’’. (b) the following new subsection: (b) TREATMENT OF CERTAIN PROPERTY FOR under subclause (II) of section 1903(x)(3)(B)(v) ONDISCRIMINATION IN UALIFICATIONS MEDICAID AND SCHIP ELIGIBILITY.— ‘‘(c) N Q of the Social Security Act (42 U.S.C. FOR PAYMENT FOR SERVICES UNDER FEDERAL 1396b(x)(3)(B)(v)) (as added by paragraph (1)), (1) MEDICAID.—Section 1902(e) of the Social Security Act (42 U.S.C. 1396a) is amended by HEALTH CARE PROGRAMS.— an individual who is a member of a federally- ‘‘(1) REQUIREMENT TO SATISFY GENERALLY recognized Indian tribe described in sub- adding at the end the following new paragraph: APPLICABLE PARTICIPATION REQUIREMENTS.— clause (II) of that section who presents a ‘‘(13) Notwithstanding any other require- ‘‘(A) IN GENERAL.—A Federal health care document described in subclause (I) of such ment of this title or any other provision of program must accept an entity that is oper- section that is issued by such Indian tribe, Federal or State law, a State shall disregard ated by the Indian Health Service, an Indian shall be deemed to have presented satisfac- the following property for purposes of deter- Tribe, Tribal Organization, or Urban Indian tory evidence of citizenship or nationality mining the eligibility of an individual who is Organization as a provider eligible to receive for purposes of satisfying the requirement of an Indian (as defined in section 4 of the In- payment under the program for health care subsection (x) of section 1903 of such Act. dian Health Care Improvement Act) for med- services furnished to an Indian on the same (e) DEFINITIONS.—Section 2110(c) of such ical assistance under this title: basis as any other provider qualified to par- Act (42 U.S.C. 1397jj(c)) is amended by adding ‘‘(A) Property, including real property and ticipate as a provider of health care services at the end the following new paragraph: improvements, that is held in trust, subject under the program if the entity meets gen- ‘‘(9) INDIAN; INDIAN HEALTH PROGRAM; IN- to Federal restrictions, or otherwise under erally applicable State or other require- DIAN TRIBE; ETC.—The terms ‘Indian’, ‘Indian the supervision of the Secretary of the Inte- ments for participation as a provider of Health Program’, ‘Indian Tribe’, ‘Tribal Or- rior, located on a reservation, including any health care services under the program. ganization’, and ‘Urban Indian Organization’ federally recognized Indian Tribe’s reserva- ‘‘(B) SATISFACTION OF STATE OR LOCAL LI- have the meanings given those terms in section, pueblo, or colony, including former res- CENSURE OR RECOGNITION REQUIREMENTS.— tion 4 of the Indian Health Care Improve- ervations in Oklahoma, Alaska Native re- Any requirement for participation as a pro- ment Act.’’. gions established by the Alaska Native vider of health care services under a Federal SEC. 204. PREMIUMS AND COST SHARING PRO- Claims Settlement Act, and Indian allot- health care program that an entity be li- TECTIONS UNDER MEDICAID, ELIGI- ments on or near a reservation as designated censed or recognized under the State or local BILITY DETERMINATIONS UNDER law where the entity is located to furnish MEDICAID AND SCHIP, AND PROTEC- and approved by the Bureau of Indian Affairs TION OF CERTAIN INDIAN PROP- of the Department of the Interior. health care services shall be deemed to have ERTY FROM MEDICAID ESTATE RE- ‘‘(B) For any federally recognized Tribe not been met in the case of an entity operated by COVERY. described in subparagraph (A), property lo- the Indian Health Service, an Indian Tribe, (a) PREMIUMS AND COST SHARING PROTEC- cated within the most recent boundaries of a Tribal Organization, or Urban Indian Organi- TION UNDER MEDICAID.— prior Federal reservation. zation if the entity meets all the applicable (1) IN GENERAL.—Section 1916 of the Social ‘‘(C) Ownership interests in rents, leases, standards for such licensure or recognition, Security Act (42 U.S.C. 1396o) is amended— royalties, or usage rights related to natural regardless of whether the entity obtains a li- (A) in subsection (a), in the matter pre- resources (including extraction of natural re- cense or other documentation under such ceding paragraph (1), by striking ‘‘and (i)’’ sources or harvesting of timber, other plants State or local law. In accordance with sec- and inserting ‘‘, (i), and (j)’’; and and plant products, animals, fish, and shell- tion 221 of the Indian Health Care Improve- (B) by adding at the end the following new fish) resulting from the exercise of federally ment Act, the absence of the licensure of a subsection: protected rights. health care professional employed by such an ‘‘(j) NO PREMIUMS OR COST SHARING FOR IN- ‘‘(D) Ownership interests in or usage rights entity under the State or local law where the DIANS FURNISHED ITEMS OR SERVICES DI- to items not covered by subparagraphs (A) entity is located shall not be taken into ac- RECTLY BY INDIAN HEALTH PROGRAMS OR through (C) that have unique religious, spir- count for purposes of determining whether THROUGH REFERRAL UNDER THE CONTRACT itual, traditional, or cultural significance or the entity meets such standards, if the pro- HEALTH SERVICE.— rights that support subsistence or a tradi- fessional is licensed in another State. ‘‘(1) NO COST SHARING FOR ITEMS OR SERV- tional lifestyle according to applicable tribal ‘‘(2) PROHIBITION ON FEDERAL PAYMENTS TO ICES FURNISHED TO INDIANS THROUGH INDIAN law or custom.’’. ENTITIES OR INDIVIDUALS EXCLUDED FROM PAR- HEALTH PROGRAMS.— (2) APPLICATION TO SCHIP.—Section TICIPATION IN FEDERAL HEALTH CARE PRO- ‘‘(A) IN GENERAL.—No enrollment fee, pre- 2107(e)(1) of such Act (42 U.S.C. 1397gg(e)(1)) GRAMS OR WHOSE STATE LICENSES ARE UNDER mium, or similar charge, and no deduction, is amended— SUSPENSION OR HAVE BEEN REVOKED.— copayment, cost sharing, or similar charge (A) by redesignating subparagraphs (B) ‘‘(A) EXCLUDED ENTITIES.—No entity oper- shall be imposed against an Indian who is through (E), as subparagraphs (C) through ated by the Indian Health Service, an Indian furnished an item or service directly by the (F), respectively; and Tribe, Tribal Organization, or Urban Indian Indian Health Service, an Indian Tribe, Trib- (B) by inserting after subparagraph (A), Organization that has been excluded from al Organization, or Urban Indian Organiza- the following new subparagraph: participation in any Federal health care pro- tion or through referral under the contract ‘‘(B) Section 1902(e)(13) (relating to dis- gram or for which a license is under suspen- health service for which payment may be regard of certain property for purposes of sion or has been revoked by the State where made under this title. making eligibility determinations).’’. the entity is located shall be eligible to re- ‘‘(B) NO REDUCTION IN AMOUNT OF PAYMENT (c) CONTINUATION OF CURRENT LAW PROTEC- ceive payment under any such program for TO INDIAN HEALTH PROVIDERS.—Payment due TIONS OF CERTAIN INDIAN PROPERTY FROM health care services furnished to an Indian. under this title to the Indian Health Service, MEDICAID ESTATE RECOVERY.—Section ‘‘(B) EXCLUDED INDIVIDUALS.—No individual an Indian Tribe, Tribal Organization, or 1917(b)(3) of the Social Security Act (42 who has been excluded from participation in Urban Indian Organization, or a health care U.S.C. 1396p(b)(3)) is amended— any Federal health care program or whose provider through referral under the contract (1) by inserting ‘‘(A)’’ after ‘‘(3)’’; and State license is under suspension or has been health service for the furnishing of an item (2) by adding at the end the following new revoked shall be eligible to receive payment or service to an Indian who is eligible for as- subparagraph: under any such program for health care serv- sistance under such title, may not be re- ‘‘(B) The standards specified by the Sec- ices furnished by that individual, directly or duced by the amount of any enrollment fee, retary under subparagraph (A) shall require through an entity that is otherwise eligible

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00140 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11787 to receive payment for health care services, construed as superseding existing advisory pregnant patient) and immediate family to an Indian. committees, working groups, guidance, or members or an escort necessary to assuring ‘‘(C) FEDERAL HEALTH CARE PROGRAM DE- other advisory procedures established by the the timely provision of health care items and FINED.—In this subsection, the term, ‘Fed- Secretary of Health and Human Services or services to the patient, provided that the eral health care program’ has the meaning by any State with respect to the provision of provision of such housing is not advertised given that term in section 1128B(f), except health care to Indians. nor an incentive of which the value is dis- that, for purposes of this subsection, such SEC. 207. EXCLUSION WAIVER AUTHORITY FOR proportionately large in relationship to the term shall include the health insurance pro- AFFECTED INDIAN HEALTH PRO- value of the health care item or service (with gram under chapter 89 of title 5, United GRAMS AND SAFE HARBOR TRANS- respect to the value of the item or service States Code.’’. ACTIONS UNDER THE SOCIAL SECU- itself or, for preventative items or services, RITY ACT. SEC. 206. CONSULTATION ON MEDICAID, SCHIP, the future health care costs reasonably ex- AND OTHER HEALTH CARE PRO- (a) EXCLUSION WAIVER AUTHORITY.—Sec- pected to be avoided); or GRAMS FUNDED UNDER THE SOCIAL tion 1128 of the Social Security Act (42 ‘‘(iii) are for the purpose of paying pre- SECURITY ACT INVOLVING INDIAN U.S.C. 1320a–7) is amended by adding at the miums or cost sharing on behalf of such a pa- HEALTH PROGRAMS AND URBAN IN- end the following new subsection: tient, provided that the making of such pay- DIAN ORGANIZATIONS. ‘‘(k) ADDITIONAL EXCLUSION WAIVER AU- ment is not subject to conditions other than (a) IN GENERAL.—Section 1139 of the Social THORITY FOR AFFECTED INDIAN HEALTH PRO- Security Act (42 U.S.C. 1320b–9), as amended conditions agreed to under a contract for the GRAMS.—In addition to the authority granted delivery of contract health services. by sections 202 and 205, is amended by redes- the Secretary under subsections (c)(3)(B) and ignating subsection (d) as subsection (e), and ‘‘(C) CONTRACT HEALTH SERVICES.—A trans- (d)(3)(B) to waive an exclusion under sub- fer of anything of value negotiated as part of inserting after subsection (c) the following section (a)(1), (a)(3), (a)(4), or (b), the Sec- new subsection: a contract entered into between an Indian retary may, in the case of an Indian Health Health Program, Indian Tribe, Tribal Orga- ‘‘(d) CONSULTATION WITH TRIBAL TECHNICAL Program, waive such an exclusion upon the ADVISORY GROUP (TTAG).—The Secretary nization, Urban Indian Organization, or the request of the administrator of an affected shall maintain within the Centers for Med- Indian Health Service and a contract care Indian Health Program (as defined in section icaid & Medicare Services (CMS) a Tribal provider for the delivery of contract health 4 of the Indian Health Care Improvement Technical Advisory Group, established in ac- services authorized by the Indian Health Act) who determines that the exclusion cordance with requirements of the charter Service, provided that— dated September 30, 2003, and in such group would impose a hardship on individuals enti- ‘‘(i) such a transfer is not tied to volume or shall include a representative of the Urban tled to benefits under or enrolled in a Fed- value of referrals or other business generated Indian Organizations and the Service. The eral health care program.’’. by the parties; and (b) CERTAIN TRANSACTIONS INVOLVING IN- representative of the Urban Indian Organiza- ‘‘(ii) any such transfer is limited to the fair DIAN HEALTH CARE PROGRAMS DEEMED TO BE tion shall be deemed to be an elected officer market value of the health care items or IN SAFE HARBORS.—Section 1128B(b) of the of a tribal government for purposes of apply- services provided or, in the case of a transfer Social Security Act (42 U.S.C. 1320a–7b(b)) is ing section 204(b) of the Unfunded Mandates of items or services related to preventative amended by adding at the end the following Reform Act of 1995 (2 U.S.C. 1534(b)).’’. care, the value of the future health care new paragraph: (b) SOLICITATION OF ADVICE UNDER MED- costs reasonably expected to be avoided. ICAID AND SCHIP.— ‘‘(4) Subject to such conditions as the Sec- retary may promulgate from time to time as ‘‘(D) OTHER TRANSFERS.—Any other trans- (1) MEDICAID STATE PLAN AMENDMENT.—Sec- fer of anything of value involving an Indian tion 1902(a) of the Social Security Act (42 necessary to prevent fraud and abuse, for purposes of paragraphs (1) and (2) and section Health Program, Indian Tribe, Tribal Orga- U.S.C. 1396a(a)) is amended— nization, or Urban Indian Organization, or a (A) in paragraph (69), by striking ‘‘and’’ at 1128A(a), the following transfers shall not be treated as remuneration: patient served or eligible for service from an the end; Indian Health Program, Indian Tribe, Tribal ‘‘(A) TRANSFERS BETWEEN INDIAN HEALTH (B) in paragraph (70)(B)(iv), by striking the Organization, or Urban Indian Organization, PROGRAMS, INDIAN TRIBES, TRIBAL ORGANIZA- period at the end and inserting ‘‘; and’’; and that the Secretary, in consultation with the TIONS, AND URBAN INDIAN ORGANIZATIONS.— (C) by inserting after paragraph (70)(B)(iv), Attorney General, determines is appropriate, the following new paragraph: Transfers of anything of value between or among an Indian Health Program, Indian taking into account the special cir- ‘‘(71) in the case of any State in which the cumstances of such Indian Health Programs, Indian Health Service operates or funds Tribe, Tribal Organization, or Urban Indian Organization, that are made for the purpose Indian Tribes, Tribal Organizations, and health care programs, or in which 1 or more Urban Indian Organizations, and of patients Indian Health Programs or Urban Indian Or- of providing necessary health care items and services to any patient served by such Pro- served by such Programs, Tribes, and Orga- ganizations (as such terms are defined in sec- nizations.’’. tion 4 of the Indian Health Care Improve- gram, Tribe, or Organization and that consist of— SEC. 208. RULES APPLICABLE UNDER MEDICAID ment Act) provide health care in the State AND SCHIP TO MANAGED CARE EN- for which medical assistance is available ‘‘(i) services in connection with the collec- TITIES WITH RESPECT TO INDIAN under such title, provide for a process under tion, transport, analysis, or interpretation of ENROLLEES AND INDIAN HEALTH which the State seeks advice on a regular, diagnostic specimens or test data; CARE PROVIDERS AND INDIAN MAN- ongoing basis from designees of such Indian ‘‘(ii) inventory or supplies; AGED CARE ENTITIES. Health Programs and Urban Indian Organiza- ‘‘(iii) staff; or (a) IN GENERAL.—Section 1932 of the Social tions on matters relating to the application ‘‘(iv) a waiver of all or part of premiums or Security Act (42 U.S.C. 1396u–2) is amended of this title that are likely to have a direct cost sharing. by adding at the end the following new sub- effect on such Indian Health Programs and ‘‘(B) TRANSFERS BETWEEN INDIAN HEALTH section: Urban Indian Organizations and that— PROGRAMS, INDIAN TRIBES, TRIBAL ORGANIZA- ‘‘(h) SPECIAL RULES WITH RESPECT TO IN- ‘‘(A) shall include solicitation of advice TIONS, OR URBAN INDIAN ORGANIZATIONS AND DIAN ENROLLEES, INDIAN HEALTH CARE PRO- prior to submission of any plan amendments, PATIENTS.—Transfers of anything of value VIDERS, AND INDIAN MANAGED CARE ENTI- waiver requests, and proposals for dem- between an Indian Health Program, Indian TIES.— onstration projects likely to have a direct ef- Tribe, Tribal Organization, or Urban Indian ‘‘(1) ENROLLEE OPTION TO SELECT AN INDIAN fect on Indians, Indian Health Programs, or Organization and any patient served or eligi- HEALTH CARE PROVIDER AS PRIMARY CARE PRO- Urban Indian Organizations; and ble for service from an Indian Health Pro- VIDER.—In the case of a non-Indian Medicaid ‘‘(B) may include appointment of an advi- gram, Indian Tribe, Tribal Organization, or managed care entity that— sory committee and of a designee of such In- Urban Indian Organization, including any ‘‘(A) has an Indian enrolled with the enti- dian Health Programs and Urban Indian Or- patient served or eligible for service pursu- ty; and ganizations to the medical care advisory ant to section 807 of the Indian Health Care ‘‘(B) has an Indian health care provider committee advising the State on its State Improvement Act, but only if such trans- that is participating as a primary care pro- plan under this title.’’. fers— vider within the network of the entity, (2) APPLICATION TO SCHIP.—Section ‘‘(i) consist of expenditures related to pro- insofar as the Indian is otherwise eligible to 2107(e)(1) of such Act (42 U.S.C. 1397gg(e)(1)), viding transportation for the patient for the receive services from such Indian health care as amended by section 204(b)(2), is amended— provision of necessary health care items or provider and the Indian health care provider (A) by redesignating subparagraphs (B) services, provided that the provision of such has the capacity to provide primary care through (F) as subparagraphs (C) through transportation is not advertised, nor an in- services to such Indian, the contract with (G), respectively; and centive of which the value is disproportion- the entity under section 1903(m) or under (B) by inserting after subparagraph (A), ately large in relationship to the value of the section 1905(t)(3) shall require, as a condition the following new subparagraph: health care item or service (with respect to of receiving payment under such contract, ‘‘(B) Section 1902(a)(71) (relating to the op- the value of the item or service itself or, for that the Indian shall be allowed to choose tion of certain States to seek advice from preventative items or services, the future such Indian health care provider as the Indi- designees of Indian Health Programs and health care costs reasonably expected to be an’s primary care provider under the entity. Urban Indian Organizations).’’. avoided); ‘‘(2) ASSURANCE OF PAYMENT TO INDIAN (c) RULE OF CONSTRUCTION.—Nothing in the ‘‘(ii) consist of expenditures related to pro- HEALTH CARE PROVIDERS FOR PROVISION OF amendments made by this section shall be viding housing to the patient (including a COVERED SERVICES.—Each contract with a

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managed care entity under section 1903(m) or ‘‘(i) FEDERALLY-QUALIFIED HEALTH CEN- and to members of specific Tribes in the under section 1905(t)(3) shall require any TERS.— same manner as Indian Health Programs such entity that has a significant percentage ‘‘(I) MANAGED CARE ENTITY PAYMENT RE- may restrict the delivery of services to such of Indian enrollees (as determined by the QUIREMENT.—To agree to pay any Indian Indians and tribal members. Secretary), as a condition of receiving pay- health care provider that is a Federally- ‘‘(ii) NO LESS CHOICE OF PLANS.—Under such ment under such contract to satisfy the fol- qualified health center but not a partici- program the State may not limit the choice lowing requirements: pating provider with respect to the entity, of an Indian among Medicaid managed care ‘‘(A) DEMONSTRATION OF PARTICIPATING IN- for the provision of covered Medicaid man- entities only to Indian Medicaid managed DIAN HEALTH CARE PROVIDERS OR APPLICATION aged care services by such provider to an In- care entities or to be more restrictive than OF ALTERNATIVE PAYMENT ARRANGEMENTS.— dian enrollee of the entity at a rate equal to the choice of managed care entities offered Subject to subparagraph (E), to— the amount of payment that the entity to individuals who are not Indians. would pay a Federally-qualified health cen- ‘‘(i) demonstrate that the number of Indian ‘‘(iii) DEFAULT ENROLLMENT.— ter that is a participating provider with re- health care providers that are participating ‘‘(I) IN GENERAL.—If such program of a spect to the entity but is not an Indian providers with respect to such entity are suf- State requires the enrollment of Indians in a health care provider for such services. ficient to ensure timely access to covered Medicaid managed care entity in order to re- ‘‘(II) CONTINUED APPLICATION OF STATE RE- Medicaid managed care services for those en- ceive benefits, the State, taking into consid- QUIREMENT TO MAKE SUPPLEMENTAL PAY- rollees who are eligible to receive services eration the criteria specified in subsection MENT.—Nothing in subclause (I) or subpara- from such providers; or (a)(4)(D)(ii)(I), shall provide for the enroll- ‘‘(ii) agree to pay Indian health care pro- graph (A) or (B) shall be construed as waiving the application of section 1902(bb)(5) ment of Indians described in subclause (II) viders who are not participating providers who are not otherwise enrolled with such an with the entity for covered Medicaid man- regarding the State plan requirement to make any supplemental payment due under entity in an Indian Medicaid managed care aged care services provided to those enroll- entity described in such clause. ees who are eligible to receive services from such section to a Federally-qualified health ‘‘(II) INDIAN DESCRIBED.—An Indian de- such providers at a rate equal to the rate ne- center for services furnished by such center scribed in this subclause, with respect to an gotiated between such entity and the pro- to an enrollee of a managed care entity (re- Indian Medicaid managed care entity, is an vider involved or, if such a rate has not been gardless of whether the Federally-qualified Indian who, based upon the service area and negotiated, at a rate that is not less than the health center is or is not a participating pro- capacity of the entity, is eligible to be en- level and amount of payment which the enti- vider with the entity). ty would make for the services if the services ‘‘(ii) CONTINUED APPLICATION OF ENCOUNTER rolled with the entity consistent with sub- were furnished by a participating provider RATE FOR SERVICES PROVIDED BY CERTAIN IN- paragraph (A). which is not an Indian health care provider. DIAN HEALTH CARE PROVIDERS.—If the amount ‘‘(iv) EXCEPTION TO STATE LOCK-IN.—A re- ‘‘(B) PROMPT PAYMENT.—To agree to make paid by a managed care entity to an Indian quest by an Indian who is enrolled under prompt payment (in accordance with rules health care provider that is not a Federally- such program with a non-Indian Medicaid applicable to managed care entities) to In- qualified health center and that has elected managed care entity to change enrollment dian health care providers that are partici- to receive payment under this title as an In- with that entity to enrollment with an In- pating providers with respect to such entity dian Health Service provider under the July dian Medicaid managed care entity shall be or, in the case of an entity to which subpara- 11, 1996, Memorandum of Agreement between considered cause for granting such request graph (A)(ii) or (E) applies, that the entity is the Health Care Financing Administration under procedures specified by the Secretary. required to pay in accordance with that sub- (now the Centers for Medicare & Medicaid ‘‘(B) FLEXIBILITY IN APPLICATION OF SOL- paragraph. Services) and the Indian Health Service for VENCY.—In applying section 1903(m)(1) to an ‘‘(C) SATISFACTION OF CLAIM REQUIRE- services provided by such provider to an In- Indian Medicaid managed care entity— MENT.—To deem any requirement for the dian enrollee with the managed care entity ‘‘(i) any reference to a ‘State’ in subpara- submission of a claim or other documenta- is less than the encounter rate that applies graph (A)(ii) of that section shall be deemed tion for services covered under subparagraph to the provision of such services under such to be a reference to the ‘Secretary’; and (A) by the enrollee to be satisfied through memorandum, the State plan shall provide ‘‘(ii) the entity shall be deemed to be a the submission of a claim or other docu- for payment to the Indian health care pro- public entity described in subparagraph mentation by an Indian health care provider vider of the difference between the applica- (C)(ii) of that section. that is consistent with section 403(h) of the ble encounter rate under such memorandum ‘‘(C) EXCEPTIONS TO ADVANCE DIRECTIVES.— Indian Health Care Improvement Act. and the amount paid by the managed care The Secretary may modify or waive the re- ‘‘(D) COMPLIANCE WITH GENERALLY APPLICA- entity to the provider for such services. quirements of section 1902(w) (relating to BLE REQUIREMENTS.— ‘‘(F) CONSTRUCTION.—Nothing in this para- provision of written materials on advance di- ‘‘(i) IN GENERAL.—Subject to clause (ii), as graph shall be construed as waiving the ap- rectives) insofar as the Secretary finds that a condition of payment under subparagraph plication of section 1902(a)(30)(A) (relating to the requirements otherwise imposed are not application of standards to assure that pay- (A), an Indian health care provider shall an appropriate or effective way of commu- ments are consistent with efficiency, econ- comply with the generally applicable re- nicating the information to Indians. omy, and quality of care). quirements of this title, the State plan, and ‘‘(D) FLEXIBILITY IN INFORMATION AND MAR- ‘‘(3) OFFERING OF MANAGED CARE THROUGH such entity with respect to covered Medicaid KETING.— INDIAN MEDICAID MANAGED CARE ENTITIES.— managed care services provided by the In- ‘‘(i) MATERIALS.—The Secretary may mod- If— dian health care provider to the same extent ify requirements under subsection (a)(5) to that non-Indian providers participating with ‘‘(A) a State elects to provide services through Medicaid managed care entities ensure that information described in that the entity must comply with such require- subsection is provided to enrollees and po- ments. under its Medicaid managed care program; and tential enrollees of Indian Medicaid managed ‘‘(ii) LIMITATIONS ON COMPLIANCE WITH MAN- care entities in a culturally appropriate and AGED CARE ENTITY GENERALLY APPLICABLE RE- ‘‘(B) an Indian health care provider that is understandable manner that clearly commu- QUIREMENTS.—An Indian health care pro- funded in whole or in part by the Indian nicates to such enrollees and potential en- vider— Health Service, or a consortium composed of rollees their rights, protections, and bene- ‘‘(I) shall not be required to comply with a 1 or more Tribes, Tribal Organizations, or fits. generally applicable requirement of a man- Urban Indian Organizations, and which also ‘‘(ii) DISTRIBUTION OF MARKETING MATE- aged care entity described in clause (i) as a may include the Indian Health Service, has condition of payment under subparagraph established an Indian Medicaid managed care RIALS.—The provisions of subsection (d)(2)(B) (A) if such compliance would conflict with entity in the State that meets generally ap- requiring the distribution of marketing ma- any other statutory or regulatory require- plicable standards required of such an entity terials to an entire service area shall be ments applicable to the Indian health care under such Medicaid managed care program, deemed satisfied in the case of an Indian provider; and the State shall offer to enter into an agree- Medicaid managed care entity that distrib- ‘‘(II) shall only need to comply with those ment with the entity to serve as a Medicaid utes appropriate materials only to those In- generally applicable requirements of a man- managed care entity with respect to eligible dians who are potentially eligible to enroll aged care entity described in clause (i) as a Indians served by such entity under such with the entity in the service area. condition of payment under subparagraph program. ‘‘(5) MALPRACTICE INSURANCE.—Insofar as, (A) that are necessary for the entity’s com- ‘‘(4) SPECIAL RULES FOR INDIAN MANAGED under a Medicaid managed care program, a pliance with the State plan, such as those re- CARE ENTITIES.—The following are special health care provider is required to have med- lated to care management, quality assur- rules regarding the application of a Medicaid ical malpractice insurance coverage as a ance, and utilization management. managed care program to Indian Medicaid condition of contracting as a provider with a ‘‘(E) APPLICATION OF SPECIAL PAYMENT RE- managed care entities: Medicaid managed care entity, an Indian QUIREMENTS FOR FEDERALLY-QUALIFIED ‘‘(A) ENROLLMENT.— health care provider that is— HEALTH CENTERS AND ENCOUNTER RATE FOR ‘‘(i) LIMITATION TO INDIANS.—An Indian ‘‘(A) a Federally-qualified health center SERVICES PROVIDED BY CERTAIN INDIAN HEALTH Medicaid managed care entity may restrict that is covered under the Federal Tort CARE PROVIDERS.— enrollment under such program to Indians Claims Act (28 U.S.C. 1346(b), 2671 et seq.);

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00142 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11789 ‘‘(B) providing health care services pursu- programs, disaggregated with respect to each Washakie testified about the problems ant to a contract or compact under the In- such program. those living on reservations face. He dian Self-Determination and Education As- ‘‘(2) The number of Indians described in spoke about how they rely on these sistance Act (25 U.S.C. 450 et seq.) that are paragraph (1) that also received health bene- health care services. He also discussed covered under the Federal Tort Claims Act fits under programs funded by the Indian the progress that has been made in re- (28 U.S.C. 1346(b), 2671 et seq.); or Health Service. ‘‘(C) the Indian Health Service providing ‘‘(3) General information regarding the ducing health disparities experienced health care services that are covered under health status of the Indians described in by American Indians, and how this leg- the Federal Tort Claims Act (28 U.S.C. paragraph (1), disaggregated with respect to islation can support such progress. 1346(b), 2671 et seq.); specific diseases or conditions and presented Since 1992, there have been many ad- are deemed to satisfy such requirement. in a manner that is consistent with protec- vances made in health care, especially ‘‘(6) DEFINITIONS.—For purposes of this sub- tions for privacy of individually identifiable in mental health. In the past 14 years section: health information under section 264(c) of we have come to better understand how ‘‘(A) INDIAN HEALTH CARE PROVIDER.—The the Health Insurance Portability and Ac- to prevent, diagnose, and treat individ- term ‘Indian health care provider’ means an countability Act of 1996. uals with a behavioral health problem. Indian Health Program or an Urban Indian ‘‘(4) A detailed statement of the status of We have learned that individuals have Organization. facilities of the Indian Health Service or an the best chance of recovery when a ‘‘(B) INDIAN; INDIAN HEALTH PROGRAM; SERV- Indian Tribe, Tribal Organization, or an ICE; TRIBE; TRIBAL ORGANIZATION; URBAN IN- Urban Indian Organization with respect to comprehensive, integrated approach is DIAN ORGANIZATION.—The terms ‘Indian’, ‘In- such facilities’ compliance with the applica- taken. This legislation authorizes pro- dian Health Program’, ‘Service’, ‘Tribe’, ble conditions and requirements of titles grams to provide such services. This is ‘tribal organization’, ‘Urban Indian Organi- XVIII, XIX, and XXI, and, in the case of title especially important as we better un- zation’ have the meanings given such terms XIX or XXI, under a State plan under such derstand the interconnectedness of al- in section 4 of the Indian Health Care Im- title or under waiver authority, and of the cohol, substance abuse, child welfare provement Act. progress being made by such facilities (under and suicide prevention. ‘‘(C) INDIAN MEDICAID MANAGED CARE ENTI- plans submitted under section 1880(b), 1911(b) This legislation also recognizes the TY.—The term ‘Indian Medicaid managed or otherwise) toward the achievement and alarming suicide rates among Indian care entity’ means a managed care entity maintenance of such compliance. that is controlled (within the meaning of the ‘‘(5) Such other information as the Sec- youth. According to the Centers for last sentence of section 1903(m)(1)(C)) by the retary determines is appropriate.’’. Disease Control and Prevention, Amer- ican Indian and Alaskan Native suicide Indian Health Service, a Tribe, Tribal Orga- Mr. ENZI. Mr. President, today my nization, or Urban Indian Organization, or a rates in some areas are five to seven good colleague Senator MCCAIN and I consortium, which may be composed of 1 or times higher than the overall United are reintroducing the Indian Health more Tribes, Tribal Organizations, or Urban States rates. This is not acceptable. Care Improvement Act Amendments of Indian Organizations, and which also may in- This legislation aims to change that by 2006. This legislation is a reflection of clude the Service. encouraging more Indian people to our dedication to the health care of ‘‘(D) NON-INDIAN MEDICAID MANAGED CARE enter into the psychology profession. ENTITY.—The term ‘non-Indian Medicaid American Indians and Alaskan Natives. Through such provisions youth have managed care entity’ means a managed care It also is a reflection of the work that entity that is not an Indian Medicaid man- access to culturally competent profes- has been done by Members and the sionals in a familiar environment. aged care entity. many stakeholders to move this legis- ‘‘(E) COVERED MEDICAID MANAGED CARE Recruiting and retaining qualified lation forward. SERVICES.—The term ‘covered Medicaid man- health professionals—Indian health aged care services’ means, with respect to an I want to thank Chairman MCCAIN professionals, in particular—to work in individual enrolled with a managed care en- and his staff, as well as Senator DOR- Indian communities is difficult. Sec- tity, items and services that are within the GAN and the rest of the members on the retary Michael Leavitt of the Depart- scope of items and services for which bene- Indian Affairs Committee and their ment of Health and Human Services fits are available with respect to the indi- staff for their effort and commitment recognizes this challenge. Thanks to vidual under the contract between the entity to the health care and well being of and the State involved. his efforts, this bill ensures that tribes every American Indian and Alaskan can better rely on the services of ‘‘(F) MEDICAID MANAGED CARE PROGRAM.— Native. Their hard work has not gone The term ‘Medicaid managed care program’ health care professionals. Currently, a means a program under sections 1903(m) and unnoticed. health care professional who receives a 1932 and includes a managed care program The Indian Health Care Improvement scholarship through the Indian Health operating under a waiver under section Act is the fundamental statutory Service may provide their services 1915(b) or 1115 or otherwise.’’. framework for the delivery of health equal to the number of terms they re- (b) APPLICATION TO SCHIP.—Section care services to American Indians and ceived a scholarship. Thus some health 2107(e)(1) of such Act (42 U.S.C. 1397gg(1)), as Alaskan Natives. Since 1992, this law care professionals are only required to amended by section 206(b)(2), is amended by has been expired. This means that for adding at the end the following new subpara- work in a service area for one term. the past 14 years there has been no Most people understand it usually graph: comprehensive change to the Federal ‘‘(H) Subsections (a)(2)(C) and (h) of section takes an individual anywhere from 3 1932.’’. Government’s approach to delivering months to one year to become accus- health care to approximately 1.8 mil- SEC. 209. ANNUAL REPORT ON INDIANS SERVED tomed to a job. Thus, it is not fair to BY SOCIAL SECURITY ACT HEALTH lion American Indians and Alaskan Na- those tribal communities to have a BENEFIT PROGRAMS. tives. health care professional leave as soon Section 1139 of the Social Security Act (42 This troubles me. When I talk to as they become acclimated. This legis- U.S.C. 1320b–9), as amended by the sections members of the Northern Arapaho lation would ensure that individuals 202, 205, and 206, is amended by redesignating tribe and Eastern Shoshone tribe from serve a length of time that will allow subsection (e) as subsection (f), and inserting my home State of Wyoming, they tell after subsection (d) the following new sub- their services to be depended on. me that quality health care is a top Health care professionals will be more section: priority for them. For me, as chairman ‘‘(e) ANNUAL REPORT ON INDIANS SERVED BY reliably available in areas where such of the Committee on Health, Edu- HEALTH BENEFIT PROGRAMS FUNDED UNDER professionals are scarce. THIS ACT.—Beginning January 1, 2007, and cation, Labor and Pensions, I believe There are many other recommenda- annually thereafter, the Secretary, acting that our health care systems should tions that the Department of Health through the Administrator of the Centers for grow as science and technologies grow and Human Services has made that I Medicare & Medicaid Services and the Direc- and that our Federal Government pro- think will strengthen this legislation tor of the Indian Health Service, shall sub- grams also should be kept current in and improve the quality of care pro- mit a report to Congress regarding the en- line with today’s health care quality vided through the Indian Health Serv- rollment and health status of Indians receiv- standards in the private sector. ice. I look forward to working with ing items or services under health benefit Last spring, Chairman MCCAIN and I programs funded under this Act during the Secretary Leavitt next Congress. preceding year. Each such report shall in- held a joint hearing about this legisla- I believe that by the working to- clude the following: tion, at which time Mr. Richard gether along with other members of ‘‘(1) The total number of Indians enrolled Brannan, the chairman of the Northern the HELP Committee, the Indian Af- in, or receiving items or services under, such Arapaho Business Council of Fort fairs Committee, the tribal community

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00143 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11790 CONGRESSIONAL RECORD — SENATE December 8, 2006 and any others interested in this legis- Whereas the Government of Sudan has indicated that he would need to consult with lation, we can maximize the funds failed in its responsibility to protect the his government on the size of the peace- available to the Indian Health Service many peoples of Darfur; keeping mission; Whereas the international community has Whereas, at an international press con- and coordinate resources at the local failed to hold persons responsible for crimes ference on November 27, 2006, Sudanese and State level to provide tribes the against humanity in Darfur accountable; President Omar Hassan Al-Bashir rejected tools they need to be self sufficient. Whereas, on May 5, 2006, the Government the Addis Ababa Agreement and reiterated I would also like to thank the De- of Sudan and the largest rebel faction in his objections to any substantive United Na- partment of Justice for their tireless Darfur, the Sudan Liberation Movement, led tions involvement in Darfur, saying, ‘‘Troops work on this bill. This is truly a reflec- by Minni Minnawi, signed the Darfur Peace in Darfur should be part of the [African tion of their commitment to ensuring Agreement (DPA); Union] AU and under command of the AU’’; every Native American and Alaskan Whereas the Government of Sudan has not Whereas it is imperative that a peace- disarmed and demobilized the Janjaweed de- keeping force in Darfur have the sufficient Native who is an employee of the In- spite repeated pledges to do so, including in strength and mandate to provide adequate dian Health Service is held to a high the DPA; security to the people of Darfur; and standard, and thus every individual Whereas violence in Darfur escalated in Whereas Presidential Special Envoy An- who receives services through this pro- the months following the signing of the drew Natsios set December 31, 2006 as the gram receives quality care. DPA, with increased attacks against civil- deadline for the Government of Sudan to I hope that this legislation can be a ians and humanitarian workers; comply with the demands of the inter- starting point next Congress. I also Whereas violence has spread to the neigh- national community or face serious con- strongly encourage my colleagues to boring states of Chad and the Central Afri- sequences: Now, therefore, be it can Republic, threatening regional peace and Resolved, That the Senate— continue to work to get this invaluable security; (1) supports, given the rapidly deterio- piece of legislation signed into law. Whereas, in July 2006, more humanitarian rating situation on the ground in Darfur, the f aid workers were killed than in the previous principles of the Addis Ababa Agreement in 3 years combined; order to increase security and stability for SUBMITTED RESOLUTIONS Whereas increased violence has forced the people of Darfur; some humanitarian organizations to suspend (2) declares that the deployment of a operations, leaving 40 percent of the popu- United Nations–African Union peacekeeping SENATE RESOLUTION 630—ALLOW- lation of Darfur inaccessible to aid workers; force under the command and control of the ING THE SENIOR SENATOR FROM Whereas, on August 30, 2006, the United Na- United Nations, as laid out in the Addis KENTUCKY TO REASSIGN THE tions Security Council passed Security Coun- Ababa Agreement, is the minimum accept- HENRY CLAY DESK WHEN SERV- cil Resolution 1706 (2006), asserting that the able effort on the part of the international ING AS PARTY LEADER existing United Nations Mission in Sudan community to protect the people of Darfur; (UNMIS) ‘‘shall take over from [African Mis- (3) further supports the strengthening of Mr. MCCONNELL (for himself and sion in Sudan] AMIS responsibility for sup- the African Union peacekeeping mission in Mr. BUNNING) submitted the following porting the implementation of the Darfur Sudan so that it may improve its perform- resolution; which was considered and Peace Agreement upon the expiration of ance with regards to civilian protection as agreed to: AMIS’ mandate but in any event no later the African Union peacekeeping mission be- S. RES. 630 than 31 December 2006’’, and that UNMIS gins to transfer responsibility for protecting the people of Darfur to the United Nations– Resolved, That S. Res. 89 (106th Congress) is ‘‘shall be strengthened by up to 17,300 mili- African Union peacekeeping force under the amended by— tary personnel . . . up to 3,300 civilian police command and control of the United Nations, (1) inserting ‘‘(a)’’ after ‘‘That’’; and personnel and up to 16 Formed Police Units’’, which ‘‘shall begin to be deployed [to Darfur] as laid out in the Addis Ababa Agreement; (2) adding at the end the following: (4) calls upon the Government of Sudan to ‘‘(b) If, in any Congress, the senior Senator no later than 1 October 2006’’; immediately— from the State of Kentucky is serving as Whereas, on September 19, 2006, President (A) allow the implementation of the United party leader, the desk referred to in sub- Bush announced the appointment of Andrew Nations light and heavy support packages as section (a) may be assigned to the junior Natsios as Presidential Special Envoy to provided for in the Addis Ababa Agreement; Senator from Kentucky upon the request of Sudan to lead United States efforts to bring and the senior Senator.’’. peace to the Darfur region in Sudan; Whereas, on November 16, 2006, high-level (B) work with the United Nations and the f consultations led by Kofi Annan, Secretary international community to deploy United SENATE RESOLUTION 631—URGING General of the United Nations, and Alpha Nations peacekeepers to Darfur in keeping with United Nations Security Council Reso- THE GOVERNMENT OF SUDAN Oumar Konare, Chairperson of the African Union Commission, and including represent- lution 1706 (2006); AND THE INTERNATIONAL COM- atives of the Arab League, the European (5) calls upon all parties to the conflict to MUNITY TO IMPLEMENT THE Union, the Government of Sudan, and other immediately— AGREEMENT FOR A PEACE- national governments, produced the ‘‘Addis (A) adhere to the 2004 N’Djamena ceasefire; KEEPING FORCE UNDER THE Ababa Agreement’’; and COMMAND AND CONTROL OF THE Whereas the Agreement stated that the (B) respect the impartiality and neutrality UNITED NATIONS IN DARFUR Darfur conflict could be resolved only of humanitarian agencies so that relief through an all-inclusive political process; workers can have unfettered access to their Mr. DURBIN (for himself, Mr. BROWN- Whereas the Agreement stated that the beneficiary populations and deliver des- BACK, Mr. KENNEDY, Mr. BIDEN, Mr. DPA must be made more inclusive, and perately needed assistance; REID, Mr. FEINGOLD, Mr. FRIST, Mrs. ‘‘called upon all parties—Government and (6) urges the President to— DOLE, Mr. COLEMAN, Mr. SMITH, Mr. DPA non-signatories—to immediately com- (A) continue to work with other members CORNYN, Mr. MENENDEZ, Mr. LEVIN, Mr. mit to a cessation of hostilities in Darfur in of the international community, including HAGEL, Mr. MARTINEZ, Mrs. CLINTON, order to give [the peace process] the best the permanent members of the United Na- chances for success’’; tions Security Council, the African Union, and Ms. SNOWE) submitted the fol- Whereas the Agreement included a plan to the European Union, the Arab League, Su- lowing resolution; which was: establish a United Nations–African Union dan’s trading partners, and the Government S. RES. 631 peacekeeping operation; of Sudan to facilitate the urgently needed Whereas Congress declared on July 22, 2004 Whereas the Agreement stated that the deployment of the peacekeeping force called that the atrocities in Darfur were genocide; peacekeeping operation would consist of for by United Nations Security Council Reso- Whereas, on September 9, 2004, Secretary 17,000 military troops and 3,000 police, and lution 1706; of State Colin Powell testified that ‘‘geno- would have a primarily African character; (B) ensure the ability of any peacekeeping cide has been committed in Darfur’’; Whereas the Agreement stated that the force deployed to Darfur to carry out its Whereas, on June 30, 2005, President Bush peacekeeping operation must be logistically mandate by providing adequate funding and confirmed that ‘‘the violence in Darfur re- and financially sustainable, with support working with our international partners to gion is clearly genocide [and t]he human cost coming from the United Nations; provide technical assistance, logistical sup- is beyond calculation’’; Whereas the Agreement stated that com- port, intelligence gathering capabilities, and Whereas, on May 8, 2006, President Bush mand and control structures for the United military assets; stated, ‘‘We will call genocide by its rightful Nations–African Union force would be pro- (D) work with members of the United Na- name, and we will stand up for the innocent vided by the United Nations; tions Security Council and the international until the peace of Darfur is secured.’’; Whereas the Government of Sudan’s For- community to develop and impose a set of Whereas hundreds of thousands of people eign Minister agreed to the conclusions of meaningful economic and diplomatic sanc- have died and over 2,500,000 have been dis- the High Level Consultation on the Situa- tions against the Government of Sudan placed in Darfur since 2003; tion in Darfur, though the Foreign Minister should the Government of Sudan continue to

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00144 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11791 refuse to cooperate with the implementation Resolved, That the Senate— ganizations whose goal is to destabilize Iraq of United Nations Security Council Resolu- (1) supports efforts by the United States and Lebanon; and tion 1706 and the principles contained in the and the European Union to fulfill commit- Whereas the outrageous statements of Mr. Addis Ababa Agreement; and ments made in recent United States–Euro- Ahmadinejad do not represent the beliefs of (E) work with members of the United Na- pean Union Summits to implement all as- Muslims worldwide: Now, therefore, be it tions Security Council and the international pects of the United States–European Union Resolved, That the Senate— community to address escalating insecurity Initiative to Enhance Transatlantic Eco- (1) condemns the conference denying that in Chad and the Central African Republic; nomic Integration and Growth; the Holocaust occured that will take place in and (2) calls upon the leadership of the United Tehran, Iran, under the aegis of the Foreign (7) strongly supports United Nations Secu- States and the European Union to identify Ministry of Iran, on December 11 and 12, 2006; rity Council Resolution 1706 and the prin- and eliminate unnecessary regulatory com- and ciples embedded therein. pliance costs and non-tariff barriers to trade (2) calls on the President, on behalf of the United States, to thoroughly repudiate, in f and investment at an accelerated pace; and (3) urges the leadership of the United the strongest terms possible, the conference SENATE RESOLUTION 632—URGING States and the European Union at the 2007 and its goal of denying that the Holocaust THE UNITED STATES AND THE United States–European Union Summit to occured. EUROPEAN UNION TO WORK TO- agree to— f (A) a target date of 2015 for completing the GETHER TO STRENGTHEN THE SENATE RESOLUTION 634—HON- TRANSATLANTIC MARKET transatlantic market; and (B) a jointly funded, cooperatively led ORING THE LIFE AND ACHIEVE- Mr. BENNETT submitted the fol- study of existing obstacles to creating a MENTS OF TOM CARR, CONGRES- lowing resolution; which was: transatlantic market, including sector-by- SIONAL RESEARCH SERVICE AN- S. RES. 632 sector estimates of the costs of existing bar- ALYST, AND EXTENDING THE Whereas a robust and cooperative trans- riers to trade and investment, the costs and CONDOLENCES OF THE SENATE atlantic economic relationship is in the mu- benefits of removing the barriers identified, ON THE OCCASION OF HIS DEATH and a timetable for removing those barriers. tual interest of the United States and the Mr. STEVENS submitted the fol- European Union; f lowing resolution; which was: Whereas the strength of the transatlantic economic relationship underpins global eco- SENATE RESOLUTION 633—CON- S. RES. 634 nomic stability and resiliency; DEMNING THE CONFERENCE DE- Whereas Tom Carr served Congress with Whereas the United States–European NYING THAT THE HOLOCAUST distinction for 31 years at the Library of Union economic relationship is the largest OCCURRED TO BE HELD BY THE Congress as an analyst for the Congressional bilateral trade and investment relationship GOVERNMENT OF IRAN AND ITS Research Service; Whereas Mr. Carr held a bachelor’s degree in the world, generating roughly PRESIDENT, MAHMOUD $3,000,000,000,000 in total commercial sales in history from Catholic University in Wash- annually and providing employment for up AHMADINEJAD ington, D.C., and a master’s degree in infor- to 14,000,000 people in the United States and Mr. LAUTENBERG (for himself, Mr. mation systems from Strayer University in Fredericksburg, Virginia; the European Union; BIDEN, Mrs. CLINTON, and Mr. NELSON Whereas, at the 2004 United States–Euro- Whereas Mr. Carr was born in Jackson- of Florida) submitted the following res- ville, Illinois, and grew up in Atlanta, Geor- pean Union Summit, President George W. olution; which was: Bush and the leadership of the European gia; Union jointly pledged to strengthen the S. RES. 633 Whereas Mr. Carr was an expert on con- transatlantic economic relationship by im- Whereas, on December 11 and 12, 2006, the gressional committees, House and Senate proving regulatory cooperation through the Foreign Ministry of Iran will convene a con- floor procedure, and congressionally created Roadmap for United States–European Union ference in Tehran to provide Holocaust commissions; Regulatory Cooperation and Transparency; deniers a public platform from which to Whereas Mr. Carr was an enthusiastic Whereas, at the 2005 United States–Euro- espouse their hatred; teacher of congressional procedure to staff, pean Union Summit, the United States and Whereas 11,000,000 people, including helping them to do their jobs better; the European Union agreed upon numerous 6,000,000 Jews, were viciously murdered in Whereas Mr. Carr was an accomplished and measures to expand economic ties, including Nazi death camps during World War II; entertaining public speaker who founded the the establishment of an official dialogue on Whereas President Dwight Eisenhower Library of Congress chapter of the Toast- regulatory cooperation between the Office of stated unequivocally, after visiting Nazi masters and was president of the Capitol Hill Management and Budget of the United death camps in 1945, ‘‘The things I saw beg- Toastmasters; States and the European Commission; gar description . . . The visual evidence and Whereas Mr. Carr worked tirelessly and Whereas, at the 2006 United States–Euro- the verbal testimony of starvation, cruelty, cheerfully in service to Congress and set a pean Union Summit, President George W. and bestiality were . . . overpowering . . . I high example for his colleagues; Bush, European Union Council President made the visit deliberately in order to be in Whereas Mr. Carr was distinguished for the Wolfgang Schuessel, and European Commis- a position to give first-hand evidence of generous enthusiasm with which he met the sion President Jose Manuel Barroso declared these things if ever, in the future, there de- needs of colleagues and clients alike, as well in a joint statement, ‘‘We will redouble our velops a tendency to charge these allegations as for his persistent and expansive good efforts to promote economic growth and in- merely to ‘propaganda’.’’; humor and wit; and novation and reduce the barriers to trans- Whereas the Holocaust is an undeniable Whereas Mr. Carr faithfully discharged his atlantic trade and investment by imple- fact of history and the upcoming conference duties and responsibilities in a wide variety menting all aspects of the Transatlantic in Tehran will serve only to perpetuate in- of demanding positions in public life with Economic Initiative . . . .’’; tolerance and hatred; honesty, integrity, loyalty, and humility: Whereas, on November 9, 2006, the United Whereas Mahmoud Ahmadinejad, the Now, therefore, be it States and the European Union held the sec- President of Iran, has repeatedly said that Resolved, That the Senate— ond economic ministerial meeting to further Israel must be ‘‘wiped off the map’’ and that (1) honors the life and achievements of the implementation of the agreements of the ‘‘[a]nybody who recognizes Israel will burn Congressional Research Service Analyst 2005 and 2006 United States–European Union in the fire of the Islamic nation’s fury’’; Tom Carr; Summits, focusing on regulatory coopera- Whereas the Secretary of State has identi- (2) expresses profound sorrow upon the oc- tion, intellectual property rights, energy se- fied Iran as a state sponsor of terrorism that casion of Mr. Carr’s death and extends curity, and innovation; and has repeatedly provided support for acts of heartful condolences to those who survive Whereas non-tariff trade barriers such as international terror; him: his wife Mary (Mimi), his sons Thomas regulatory divergence continue to pose the Whereas the Government of Iran sponsors and John, his mother Carswella, and his 9 most significant obstacles to transatlantic terrorist organizations such as Hezbollah, brothers and sisters; and trade, including in areas such as pharma- Hamas, Islamic Jihad, the al-Aqsa Martyrs (3) expresses its appreciation and respect ceuticals, automobile safety, information Brigades, and the Popular Front for the Lib- for Mr. Carr’s exemplary record as an ana- and communications technology standards, eration of Palestine–General Command by lyst for Congress. cosmetics, consumer product safety, con- providing funding, training, weapons, and f sumer protection enforcement cooperation, safe haven to such organizations; unfair commercial practices, nutritional la- Whereas the Government of Iran has con- AMENDMENTS SUBMITTED AND beling, food safety, maritime equipment, tinually defied international demands to PROPOSED eco-design, chemicals, energy efficiency, curtail its uranium enrichment programs SA 5231. Mr. WYDEN (for himself, Mr. telecommunications and and development of nuclear weapons; SMITH, Mrs. MURRAY, Mrs. BOXER, and Mrs. radiocommunications equipment, and med- Whereas the Government of Iran has pro- FEINSTEIN) submitted an amendment in- ical devices: Now, therefore, be it vided resources, material, and support to or- tended to be proposed by him to the bill H.R.

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00145 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11792 CONGRESSIONAL RECORD — SENATE December 8, 2006 6111, to amend the Internal Revenue Code of ‘‘(b) TRANSFERS TO TRUST FUND.—There and Mrs. FEINSTEIN) submitted an 1986 to provide that the Tax Court may re- are hereby appropriated to the Rural Schools amendment intended to be proposed by view claims for equitable innocent spouse re- and Communities Trust Fund amounts him to the bill H.R. 6111, to amend the lief and to suspend the running on the period equivalent to the amounts estimated by the Internal Revenue Code of 1986 to proof limitations while such claims are pending; Secretary by which Federal revenues are in- which was ordered to lie on the table. creased, before January 1, 2011, as a result of vide that the Tax Court may review SA 5232. Mr. WYDEN (for himself, Mr. the provisions of section 3402(t). claims for equitable innocent spouse SMITH, Mrs. MURRAY, Mrs. BOXER, and Mrs. ‘‘(c) EXPENDITURES FROM TRUST FUND.— relief and to suspend the running on FEINSTEIN) submitted an amendment in- Amounts in the Rural Schools and Commu- the period of limitations while such tended to be proposed by him to the bill H.R. nities Trust Fund shall be available only claims are pending, which was ordered 6111, supra; which was ordered to lie on the for— to lie on the table; as follows: table. ‘‘(1) payments to eligible States under sec- At the appropriate place, insert the fol- SA 5233. Mr. DEWINE (for Mr. DURBIN) pro- tion 102(a)(2) of the Secure Rural Schools and lowing: posed an amendment to the bill S. 1120, to re- Community Self-Determination Act of 2000; duce hunger in the United States, and for and SEC. ll. EXTENSION OF SECURE RURAL ‘‘(2) payments to eligible counties under SCHOOLS AND COMMUNITY SELF- other purposes. DETERMINATION ACT. SA 5234. Mr. DEWINE (for Mr. DURBIN) pro- section 103(a)(2) of the Secure Rural Schools The Secure Rural Schools and Community posed an amendment to the bill S. 1120, and Community Self-Determination Act of Act of 2000 (Public Law 106–393; 16 U.S.C. 500 supra. 2000.’’. note) is amended— SA 5235. Mr. ENZI proposed an amendment (2) CONFORMING AMENDMENTS.— (1) in sections 208 and 303, by striking to the bill H.R. 1245, to provide for programs (A) PAYMENTS TO STATES.—Paragraph (3) of ‘‘2007’’ both places it appears and inserting to increase the awareness and knowledge of section 102(b) of the Secure Rural Schools ‘‘2008’’; and women and health care providers with re- and Community Self-Determination Act of (2) in sections 101(a), 102(b)(2), 103(b)(1), spect to gynecologic cancers. 2000 (Public Law 106–393; 16 U.S.C. 500 note) is 203(a)(1), 207(a), 208, 303, and 401, by striking SA 5236. Mr. FRIST proposed an amend- amended by striking ‘‘out of any funds in the ‘‘2006’’ each place it appears and inserting ment to the bill H.R. 6111, to amend the In- Treasury not otherwise appropriated’’ and ‘‘2007’’. ternal Revenue Code of 1986 to provide that inserting ‘‘out of the Rural Schools and the Tax Court may review claims for equi- Communities Trust Fund under section 9511 table innocent spouse relief and to suspend of the Internal Revenue Code of 1986’’. SA 5233. Mr. DEWINE (for Mr. DUR- the running on the period of limitations (B) PAYMENTS TO COUNTIES.—Paragraph (2) BIN) proposed an amendment to the bill while such claims are pending. of section 103(b) of the Secure Rural Schools S. 1120, to reduce hunger in the United SA 5237. Mr. FRIST proposed an amend- and Community Self-Determination Act of States, and for other purposes; as fol- ment to amendment SA 5236 proposed by Mr. 2000 (Public Law 106–393; 16 U.S.C. 500 note) is lows: FRIST to the bill H.R. 6111, supra. amended by striking ‘‘out of any funds in the On page 1, line 5, strike ‘‘2005’’ and insert SA 5238. Mr. FRIST (for Mr. ENZI) proposed Treasury not otherwise appropriated’’ and ‘‘2006’’. an amendment to the bill H.R. 6164, to inserting ‘‘out of the Rural Schools and On page 2, strike lines 3 through 10. amend title IV of the Public Health Service Communities Trust Fund under section 9511 On page 2, line 11, strike ‘‘(4)’’ and insert Act to revise and extend the authorities of of the Internal Revenue Code of 1986’’. ‘‘(1)’’. the National Institutes of Health, and for (3) CLERICAL AMENDMENT.—The table of Beginning on page 2, strike line 19 and all other purposes. sections for subchapter A of chapter 98 of the that follows through page 3, line 21. SA 5239. Mr. FRIST (for Mr. SMITH) pro- Internal Revenue Code of 1986 is amended by On page 3, line 22, strike ‘‘(8)(A)’’ and in- posed an amendment to the bill H.R. 798, to adding at the end the following new item: sert ‘‘(2)’’. provide for a research program for remedi- ‘‘Sec. 9511. Rural Schools and Communities On page 4, line 2, strike ‘‘and’’. ation of closed methamphetamine produc- Trust Fund.’’. Beginning on page 4, strike line 3 and all tion laboratories, and for other purposes. that follows through page 5, line 2. SA 5240. Mr. SPECTER submitted an (4) EFFECTIVE DATE.—The amendments On page 5, line 3, strike ‘‘(10)’’ and insert amendment intended to be proposed by him made by this subsection shall take effect on ‘‘(3)’’. to the bill S. 4055, to address the effect of the January 1, 2007. On page 5, line 5, insert ‘‘and’’ after the death of a defendant in Federal criminal pro- (b) IMPOSITION OF WITHHOLDING ON CERTAIN semicolon. ceedings; which was referred to the Com- PAYMENTS MADE BY GOVERNMENT ENTITIES.— On page 5, line 6, strike ‘‘(11)’’ and insert mittee on the Judiciary. (1) ACCELERATION OF EFFECTIVE DATE.—Sec- ‘‘(4)’’. tion 511(b) of the Tax Increase Prevention f On page 5, line 18, strike the semicolon and and Reconciliation Act of 2005 is amended by insert a period. TEXT OF AMENDMENTS striking ‘‘December 31, 2010’’ and inserting Beginning on page 5, strike line 19 and all ‘‘December 31, 2006’’. Mr. WYDEN (for himself, that follows through page 6, line 9. SA 5231. (2) EXCLUSION FOR PAYMENTS TO SMALL Beginning on page 7, strike line 12 and all Mr. SMITH, Mrs. MURRAY, Mrs. BOXER, BUSINESSES BEFORE 2011.—Paragraph (2) of that follows through page 8, line 12. and Mrs. FEINSTEIN) submitted an section 3402(t) of the Internal Revenue Code On page 8, strike line 13 and insert the fol- amendment intended to be proposed by of 1986 is amended by striking ‘‘and’’ at the lowing: him to the bill H.R. 6111, to amend the end of subparagraph (H), by striking the pe- SEC. 101. HUNGER REPORTS. Internal Revenue Code of 1986 to pro- riod at the end of subparagraph (I) and in- On page 8, line 16, strike ‘‘, and annual up- vide that the Tax Court may review serting ‘‘, and’’, and by adding at the end the dates of the study,’’ and insert ‘‘not later claims for equitable innocent spouse following : than 1 year after the date of enactment of ‘‘(J) made before January 1, 2011, to any relief and to suspend the running on this Act, and an update of the study not business which employed fewer than 50 em- later than 5 years thereafter,’’. the period of limitations while such ployees during the preceding taxable year. On page 8, strike lines 21 and 22 and insert claims are pending, which was ordered For purposes of subparagraph (J), rules simi- the following: to lie on the table; as follows: lar to the rules of paragraphs (2)(A) and (6) of (A) data on hunger and food insecurity in At the appropriate place, insert the fol- section 44(d) shall apply.’’. the United States; lowing: (3) EFFECTIVE DATE.—The amendment On page 9, line 14, strike ‘‘, and annually SEC. ll. FUNDING SOURCE FOR RURAL made by this subsection shall take effect as thereafter,’’ and insert ‘‘and 5 years there- SCHOOLS AND COMMUNITIES PAY- if included in the Tax Increase Prevention after,’’. MENTS. and Reconciliation Act of 2005. On page 10, line 14, strike ‘‘50 percent’’ and (a) RURAL SCHOOLS AND COMMUNITIES (c) EXTENSION OF SECURE RURAL SCHOOLS insert ‘‘90 percent’’. TRUST FUND.— AND COMMUNITY SELF-DETERMINATION ACT.— Beginning on page 15, strike line 6 and all (1) IN GENERAL.—Subchapter A of chapter The Secure Rural Schools and Community that follows through page 17, line 19, and in- 98 of the Internal Revenue Code of 1986 is Act of 2000 (Public Law 106–393; 16 U.S.C. 500 sert the following: amended by adding at the end the following note) is amended— SEC. 202. HUNGER-FREE COMMUNITIES TRAIN- new section: (1) in sections 208 and 303, by striking ING AND TECHNICAL ASSISTANCE GRANTS. ‘‘SEC. 9511. RURAL SCHOOLS AND COMMUNITIES ‘‘2007’’ both places it appears and inserting TRUST FUND. ‘‘2008’’; and On page 19, line 10, strike ‘‘or 202’’. On page 20, line 14, strike ‘‘or 202’’. ‘‘(a) CREATION OF TRUST FUND.—There is (2) in sections 101(a), 102(b)(2), 103(b)(1), On page 20, strike line 15 and insert the fol- established in the Treasury of the United 203(a)(1), 207(a), 208, 303, and 401, by striking lowing: States a trust fund to be known as the ‘Rural ‘‘2006’’ each place it appears and inserting Schools and Communities Trust Fund’, con- ‘‘2007’’. SEC. 203. REPORT. sisting of such amounts as may be appropriated or credited to such Trust Fund as SA 5232. Mr. WYDEN (for himself, SA 5234. Mr. DEWINE (for Mr. DUR- provided in this section or section 9602(b). Mr. SMITH, Mrs. MURRAY, Mrs. BOXER, BIN) proposed an amendment to the bill

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00146 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11793 S. 1120, to reduce hunger in the United ices responsible for any aspect of the activ- SA 5238. Mr. FRIST (for Mr. ENZI) States, and for other purposes; as fol- ity; and proposed an amendment to the bill lows: ‘‘(dd) how such activity is or was expected H.R. 6164, to amend title IV of the Pub- to result in change. Amend the title so as to read: ‘‘To reduce lic Health Service Act to revise and ex- ‘‘(III) How long the activity lasted or is ex- hunger in the United States, and for other tend the authorities of the National In- purposes.’’ pected to last. ‘‘(IV) The outcomes observed and the eval- stitutes of Health, and for other purposes; as follows: SA 5235. Mr. ENZI proposed an uation methods, if any, that have been, are amendment to the bill H.R. 1245, to being, or will be used with respect to such TITLE I—NIH REFORM provide for programs to increase the activity. SEC. 101. ORGANIZATION OF NATIONAL INSTI- ‘‘(V) For each such outcome or evaluation TUTES OF HEALTH. awareness and knowledge of women method, a description of the associated re- (a) IN GENERAL.—Section 401 of the Public and health care providers with respect sults, analyses, and conclusions. Health Service Act (42 U.S.C. 281) is amended to gynecologic cancers; as follows: ‘‘(B) STRATEGY.— to read as follows: Strike all after the enacting clause and in- ‘‘(i) DEVELOPMENT; SUBMISSION TO CON- ‘‘SEC. 401. ORGANIZATION OF NATIONAL INSTI- sert the following: GRESS.—Not later than 3 months after sub- TUTES OF HEALTH. SECTION 1. SHORT TITLE. mitting the report required by subparagraph ‘‘(a) RELATION TO PUBLIC HEALTH SERV- This Act may be cited as the ‘‘Gynecologic (A), the Secretary shall develop and submit ICE.—The National Institutes of Health is an Cancer Education and Awareness Act of to the Congress a strategy for improving ef- agency of the Service. 2005’’ or ‘‘Johanna’s Law’’. forts to increase awareness and knowledge of ‘‘(b) NATIONAL RESEARCH INSTITUTES AND SEC. 2. AMENDMENT TO THE PUBLIC HEALTH the public and health care providers with re- NATIONAL CENTERS.—The following agencies SERVICE ACT. spect to different types of cancer, including of the National Institutes of Health are national research institutes or national cen- Section 317P of the Public Health Service gynecological cancers. ters: Act (42 U.S.C. 247b–17) is amended— ‘‘(ii) CONSULTATION.—In developing the ‘‘(1) The National Cancer Institute. (1) in the section heading by adding strategy under clause (i), the Secretary ‘‘(2) The National Heart, Lung, and Blood ‘‘(JOHANNA’S LAW)’’ at the end; and should consult with qualified private sector Institute. (2) by adding at the end the following: groups, including nonprofit organizations. ‘‘(3) The National Institute of Diabetes and ‘‘(d) JOHANNA’S LAW.— ‘‘(3) FULL COMPLIANCE.— ATIONAL PUBLIC AWARENESS CAM Digestive and Kidney Diseases. ‘‘(1) N - ‘‘(A) IN GENERAL.—Not later than March 1, ‘‘(4) The National Institute of Arthritis PAIGN.— 2008, the Secretary shall ensure that all pro- ‘‘(A) IN GENERAL.—The Secretary shall and Musculoskeletal and Skin Diseases. visions of this section, including activities ‘‘(5) The National Institute on Aging. carry out a national campaign to increase directed to be carried out by the Centers for the awareness and knowledge of health care ‘‘(6) The National Institute of Allergy and Disease Control and Prevention and the Food Infectious Diseases. providers and women with respect to and Drug Administration, are fully imple- gynecologic cancers. ‘‘(7) The National Institute of Child Health mented and being complied with. Not later ‘‘(B) WRITTEN MATERIALS.—Activities and Human Development. than April 30, 2008, the Secretary shall sub- under the national campaign under subpara- ‘‘(8) The National Institute of Dental and mit to Congress a report that certifies com- graph (A) shall include— Craniofacial Research. pliance with the preceding sentence and that ‘‘(i) maintaining a supply of written mate- ‘‘(9) The National Eye Institute. contains a description of all activities under- rials that provide information to the public ‘‘(10) The National Institute of Neuro- taken to achieve such compliance. on gynecologic cancers; and logical Disorders and Stroke. ‘‘(B) If the Secretary fails to submit the ‘‘(ii) distributing the materials to members ‘‘(11) The National Institute on Deafness certification as provided for under subpara- of the public upon request. and Other Communication Disorders. graph (A), the Secretary shall, not later than ‘‘(C) PUBLIC SERVICE ANNOUNCEMENTS.—Ac- ‘‘(12) The National Institute on Alcohol tivities under the national campaign under 3 months after the date on which the report Abuse and Alcoholism. subparagraph (A) shall, in accordance with is to be submitted under subparagraph (A), ‘‘(13) The National Institute on Drug applicable law and regulations, include de- and every 3 months thereafter, submit to Abuse. veloping and placing, in telecommunications Congress an explanation as to why the Sec- ‘‘(14) The National Institute of Mental media, public service announcements in- retary has not yet complied with the first Health. tended to encourage women to discuss with sentence of subparagraph (A), a detailed de- ‘‘(15) The National Institute of General their physicians their risks of gynecologic scription of all actions undertaken within Medical Sciences. cancers. Such announcements shall inform the month for which the report is being sub- ‘‘(16) The National Institute of Environ- the public on the manner in which the writ- mitted to bring the Secretary into compli- mental Health Sciences. ten materials referred to in subparagraph (B) ance with such sentence, and the anticipated ‘‘(17) The National Institute of Nursing Re- can be obtained upon request, and shall call date the Secretary expects to be in full com- search. attention to early warning signs and risk pliance with such sentence. ‘‘(18) The National Institute of Biomedical factors based on the best available medical ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— Imaging and Bioengineering. information. For the purpose of carrying out this sub- ‘‘(19) The National Human Genome Re- ‘‘(2) REPORT AND STRATEGY.— section, there is authorized to be appro- search Institute. ‘‘(A) REPORT.—Not later than 6 months priated $16,500,000 for the period of fiscal ‘‘(20) The National Library of Medicine. after the date of the enactment of this sub- years 2007 through 2009.’’. ‘‘(21) The National Center for Research Re- section, the Secretary shall submit to the sources. Congress a report including the following: SA 5236. Mr. FRIST proposed an ‘‘(22) The John E. Fogarty International ‘‘(i) A description of the past and present amendment to the bill H.R. 6111, to Center for Advanced Study in the Health activities of the Department of Health and amend the Internal Revenue Code of Sciences. Human Services to increase awareness and 1986 to provide that the Tax Court may ‘‘(23) The National Center for Complemen- knowledge of the public with respect to dif- review claims for equitable innocent tary and Alternative Medicine. ferent types of cancer, including gynecologic spouse relief and to suspend the run- ‘‘(24) The National Center on Minority cancers. Health and Health Disparities. ‘‘(ii) A description of the past and present ning on the period of limitations while ‘‘(25) Any other national center that, as an activities of the Department of Health and such claims are pending; as follows: agency separate from any national research Human Services to increase awareness and At the end of the House amendment, add institute, was established within the Na- knowledge of health care providers with re- the following: tional Institutes of Health as of the day be- spect to different types of cancer, including This Act shall become effective 2 days fore the date of the enactment of the Na- gynecologic cancers. after the date of enactment. tional Institutes of Health Reform Act of ‘‘(iii) For each activity described pursuant 2006. to clauses (i) or (ii), a description of the fol- ‘‘(c) DIVISION OF PROGRAM COORDINATION, lowing: SA 5237. Mr. FRIST proposed an PLANNING, AND STRATEGIC INITIATIVES.— ‘‘(I) The funding for such activity for fiscal amendment to amendment SA 5236 pro- ‘‘(1) IN GENERAL.—Within the Office of the year 2006 and the cumulative funding for posed by Mr. FRIST to the bill H.R. 6111, Director of the National Institutes of Health, such activity for previous fiscal years. to amend the Internal Revenue Code of there shall be a Division of Program Coordi- ‘‘(II) The background and history of such 1986 to provide that the Tax Court may nation, Planning, and Strategic Initiatives activity, including— review claims for equitable innocent (referred to in this subsection as the ‘Divi- ‘‘(aa) the goals of such activity; spouse relief and to suspend the run- sion’). ‘‘(bb) the communications objectives of ning on the period of limitations while ‘‘(2) OFFICES WITHIN DIVISION.— such activity; ‘‘(A) OFFICES.—The following offices are ‘‘(cc) the identity of each agency within such claims are pending; as follows: within the Division: The Office of AIDS Re- the Department of Health and Human Serv- Strike ‘‘2 days’’ and insert ‘‘1 day’’. search, the Office of Research on Women’s

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00147 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11794 CONGRESSIONAL RECORD — SENATE December 8, 2006 Health, the Office of Behavioral and Social ing the use of the authorities established in riod of time without significant organiza- Sciences Research, the Office of Disease Pre- paragraphs (2), (3), and (4) of such subsection tional change under subsection (d); vention, the Office of Dietary Supplements, to reorganize the National Institutes of ‘‘(iv) as applicable, national research insti- the Office of Rare Diseases, and any other of- Health (referred to in this subsection as ‘or- tutes that have undergone significant orga- fice located within the Office of the Director ganizational authorities’). Not less fre- nization changes under such subsection, or of NIH as of the day before the date of the quently than once each 7 years, the Board that have been established under such sub- enactment of the National Institutes of shall— section, other than national research insti- Health Reform Act of 2006. In addition to ‘‘(i) determine whether and to what extent tutes for which such changes have been in such offices, the Director of NIH may estab- the organizational authorities should be place for a substantial period of time; and lish within the Division such additional of- used; and ‘‘(v) national centers. fices or other administrative units as the Di- ‘‘(ii) issue a report providing the rec- ‘‘(B) Members appointed by the Secretary rector determines to be appropriate. ommendations of the Board regarding the from among individuals who are not officers ‘‘(B) AUTHORITIES.—Each office in the Divi- use of the authorities and the reasons under- or employees of the United States. Such sion— lying the recommendations. members shall include— ‘‘(i) shall continue to carry out the au- ‘‘(B) CERTAIN RESPONSIBILITIES REGARDING ‘‘(i) individuals representing the interests thorities that were in effect for the office be- REPORTS.—The activities of the Board with fore the date of enactment referred to in sub- respect to a report under subparagraph (A) of public or private institutions of higher paragraph (A); and shall include the following: education that have historically received ‘‘(ii) shall, as determined appropriate by ‘‘(i) Reviewing the research portfolio of the funds from NIH to conduct research; and the Director of NIH, support the Division National Institutes of Health (referred to in ‘‘(ii) individuals representing the interests with respect to the authorities described in this subsection as ‘NIH’) in order to deter- of private entities that have received funds section 402(b)(7). mine the progress and effectiveness and from NIH to conduct research or that have ‘‘(d) ORGANIZATION.— value of the portfolio and the allocation broad expertise regarding how the National ‘‘(1) NUMBER OF INSTITUTES AND CENTERS.— among the portfolio activities of the re- Institutes of Health functions, exclusive of In the National Institutes of Health, the sources of NIH. private entities to which clause (i) applies. number of national research institutes and ‘‘(ii) Determining pending scientific oppor- ‘‘(4) CHAIR.—The Chair of the Board shall national centers may not exceed a total of tunities, and public health needs, with re- be selected by the Secretary from among the 27, including any such institutes or centers spect to research within the jurisdiction of members of the Board appointed under para- established under authority of paragraph (2) NIH. graph (3)(B). The term of office of the Chair or under authority of this title as in effect ‘‘(iii) For any proposal for organizational shall be 2 years. on the day before the date of the enactment changes to which the Board gives significant ‘‘(5) MEETINGS.— of the National Institutes of Health Reform consideration as a possible recommendation ‘‘(A) IN GENERAL.—The Board shall meet at Act of 2006.’’. in such report— the call of the Chair or upon the request of (b) ADDITIONAL PROVISIONS REGARDING OR- ‘‘(I) analyzing the budgetary and oper- the Director of NIH, but not fewer than 5 GANIZATION.—Section 401 of the Public ational consequences of the proposed times with respect to issuing any particular Health Service Act, as added by subsection changes; report under paragraph (2)(A). The location (a) of this section, is amended— ‘‘(II) taking into account historical fund- of the meetings of the Board is subject to the (1) in subsection (d), by adding at the end ing and support for research activities at na- approval of the Director of NIH. the following: tional research institutes and centers that ‘‘(B) PARTICULAR FORUMS.—Of the meetings ‘‘(3) REORGANIZATION OF OFFICE OF DIREC- have been established recently relative to held under subparagraph (A) with respect to TOR.—Notwithstanding subsection (c), the national research institutes and centers that a report under paragraph (2)(A)— Director of NIH may, after a series of public have been in existence for more than two ‘‘(i) one or more shall be directed toward hearings, and with the approval of the Sec- decades; the scientific community to address sci- retary, reorganize the offices within the Of- ‘‘(III) estimating the level of resources entific needs and opportunities related to fice of the Director, including the addition, needed to implement the proposed changes; proposals for organizational changes under removal, or transfer of functions of such of- ‘‘(IV) assuming the proposed changes will subsection (d), or as the case may be, related fices, and the establishment or termination be made and making a recommendation for to a proposal that no such changes be made; of such offices, if the Director determines the allocation of the resources of NIH among and that the overall management and operation the national research institutes and national ‘‘(ii) one or more shall be directed toward of programs and activities conducted or sup- centers; and consumer organizations to address the needs ported by such offices would be more effi- ‘‘(V) analyzing the consequences for the and opportunities of patients and their fami- progress of research in the areas affected by ciently carried out under such a reorganiza- lies with respect to proposals referred to in the proposed changes. tion. clause (i). ‘‘(4) INTERNAL REORGANIZATION OF INSTI- ‘‘(C) CONSULTATION.—In carrying out sub- ‘‘(C) AVAILABILITY OF INFORMATION FROM TUTES AND CENTERS.—Notwithstanding any paragraph (A), the Board shall consult FORUMS.—For each meeting under subpara- conflicting provisions of this title, the direc- with— graph (B), the Director of NIH shall post on tor of a national research institute or a na- ‘‘(i) the heads of national research insti- the Internet site of the National Institutes tional center may, after a series of public tutes and national centers whose directors of Health a summary of the proceedings. hearings and with the approval of the Direc- are not members of the Board; ‘‘(6) COMPENSATION; TERM OF OFFICE.—The tor of NIH, reorganize the divisions, centers, ‘‘(ii) other scientific leaders who are offi- provisions of subsections (b)(4) and (c) of sec- or other administrative units within such in- cers or employees of NIH and are not mem- tion 406 apply with respect to the Board to stitute or center, including the addition, re- bers of the Board; the same extent and in the same manner as moval, or transfer of functions of such units, ‘‘(iii) advisory councils of the national re- such provisions apply with respect to an ad- and the establishment or termination of search institutes and national centers; visory council referred to in such sub- such units, if the director of such institute ‘‘(iv) organizations representing the sci- or center determines that the overall man- entific community; and sections, except that the reference in such agement and operation of programs and ac- ‘‘(v) organizations representing patients. subsection (c) to 4 years regarding the term tivities conducted or supported by such divi- ‘‘(3) COMPOSITION OF BOARD.—The Board of an appointed member is deemed to be a sions, centers, or other units would be more shall consist of the Director of NIH, who reference to 5 years. efficiently carried out under such a reorga- shall be a permanent nonvoting member on ‘‘(7) REPORTS.— nization.’’; and an ex officio basis, and an odd number of ad- ‘‘(A) RECOMMENDATIONS FOR CHANGES.— (2) by adding after subsection (d) the fol- ditional members, not to exceed 21, all of Each report under paragraph (2)(A) shall be lowing: whom shall be voting members. The voting submitted to— ‘‘(e) SCIENTIFIC MANAGEMENT REVIEW members of the Board shall be the following: ‘‘(i) the Committee on Energy and Com- BOARD FOR PERIODIC ORGANIZATIONAL RE- ‘‘(A) Not fewer than 9 officials who are di- merce and the Committee on Appropriations VIEWS.— rectors of national research institutes or na- of the House of Representatives; ‘‘(1) IN GENERAL.—Not later than 60 days tional centers. The Secretary shall designate ‘‘(ii) the Committee on Health, Education, after the date of the enactment of the Na- such officials for membership and shall en- Labor, and Pensions and the Committee on tional Institutes of Health Reform Act of sure that the group of officials so designated Appropriations of the Senate; 2006, the Secretary shall establish an advi- includes directors of— ‘‘(iii) the Secretary; and sory council within the National Institutes ‘‘(i) national research institutes whose ‘‘(iv) officials with organizational authori- of Health to be known as the Scientific Man- budgets are substantial relative to a major- ties, other than any such official who served agement Review Board (referred to in this ity of the other institutes; as a member of the Board with respect to the subsection as the ‘Board’). ‘‘(ii) national research institutes whose report involved. ‘‘(2) DUTIES.— budgets are small relative to a majority of ‘‘(B) AVAILABILITY TO PUBLIC.—The Direc- ‘‘(A) REPORTS ON ORGANIZATIONAL ISSUES.— the other institutes; tor of NIH shall post each report under para- The Board shall provide advice to the appro- ‘‘(iii) national research institutes that graph (2) on the Internet site of the National priate officials under subsection (d) regard- have been in existence for a substantial pe- Institutes of Health.

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‘‘(C) REPORT ON BOARD ACTIVITIES.—Not (2) by transferring subpart 19, as so redes- ‘‘(iii) in the case of such research sup- later than 18 months after the date of the en- ignated, to part C of such title IV; ported with funds referred to in subpara- actment of the National Institutes of Health (3) by inserting subpart 19, as so redesig- graph (B)— Reform Act of 2006, the Board shall submit to nated, after subpart 18 of such part C; and ‘‘(I) require as appropriate that proposals the committees specified in subparagraph (4) in subpart 19, as so redesignated— include milestones and goals for the re- (A) a report describing the activities of the (A) by redesignating section 485B as sec- search; Board. tion 464z–1; ‘‘(II) require that the proposals include ‘‘(f) ORGANIZATIONAL CHANGES PER REC- (B) by striking ‘‘National Center for timeframes for funding of the research; and OMMENDATION OF SCIENTIFIC MANAGEMENT Human Genome Research’’ each place such ‘‘(III) ensure appropriate consideration of REVIEW BOARD.— term appears and inserting ‘‘National proposals for which the principal investi- ‘‘(1) IN GENERAL.—With respect to an offi- Human Genome Research Institute’’; and gator is an individual who has not previously cial who has organizational authorities with- (C) by striking ‘‘Center’’ each place such served as the principal investigator of rein the meaning of subsection (e)(2)(A), if a term appears and inserting ‘‘Institute’’. search conducted or supported by the Na- recommendation to the official for an orga- SEC. 102. AUTHORITY OF DIRECTOR OF NIH. tional Institutes of Health; nizational change is made in a report under (a) SECRETARY ACTING THROUGH THE DIREC- ‘‘(B) may, with respect to funds reserved such subsection, the official shall, except as TOR.—Section 402(b) of the Public Health under section 402A(c)(1) for the Common provided in paragraphs (2), (3), and (4) of this Service Act (42 U.S.C. 282(b)) is amended— Fund, allocate such funds to the national re- subsection, make the change in accordance (1) by redesignating paragraph (14) as para- search institutes and national centers for with the following: graph (22); conducting and supporting research that is ‘‘(A) Not later than 100 days after the re- (2) by striking paragraphs (12) and (13); identified under subparagraph (A); and port is submitted under subsection (e)(7)(A), (3) by redesignating paragraphs (4) through ‘‘(C) may assign additional functions to the the official shall initiate the applicable pub- (11) as paragraphs (14) through (21); Division in support of responsibilities identi- lic process required in subsection (d) toward (4) in paragraph (21) (as so redesignated), fied in subparagraph (A), as determined ap- making the change. by inserting ‘‘and’’ after the semicolon at propriate by the Director; ‘‘(B) The change shall be fully imple- the end; ‘‘(8) shall, in coordination with the heads mented not later than the expiration of the (5) in the matter after and below paragraph of the national research institutes and na- 3-year period beginning on the date on which (22) (as so redesignated), by striking ‘‘para- tional centers, ensure that such institutes such process is initiated. graph (6)’’ and inserting ‘‘paragraph (16)’’; and centers— ‘‘(2) INAPPLICABILITY TO CERTAIN REORGA- and ‘‘(A) preserve an emphasis on investigator- NIZATIONS.—Paragraph (1) does not apply to a (6) by striking ‘‘the Secretary’’ in the mat- initiated research project grants, including recommendation made in a report under sub- ter preceding paragraph (1) and all that fol- with respect to research involving collabora- section (e)(2)(A) if the recommendation is lows through paragraph (1) and inserting the tion between 2 or more such institutes or for— following: ‘‘the Secretary, acting through centers; and ‘‘(A) an organizational change under sub- the Director of NIH— ‘‘(B) when appropriate, maximize investi- section (d)(2) that constitutes the establish- ‘‘(1) shall carry out this title, including gator-initiated research project grants in ment, termination, or consolidation of one being responsible for the overall direction of their annual research portfolios; or more national research institutes or na- the National Institutes of Health and for the ‘‘(9) shall ensure that research conducted tional centers; or establishment and implementation of gen- or supported by the National Institutes of ‘‘(B) an organizational change under sub- eral policies respecting the management and Health is subject to review in accordance section (d)(3). operation of programs and activities within with section 492 and that, after such review, ‘‘(3) OBJECTION BY DIRECTOR OF NIH.— the National Institutes of Health;’’. the research is reviewed in accordance with ‘‘(A) IN GENERAL.—Paragraph (1) does not (b) ADDITIONAL AUTHORITIES.—Section section 492A(a)(2) by the appropriate advi- apply to a recommendation for an organiza- 402(b) of the Public Health Service Act, as sory council under section 406 before the re- tional change made in a report under sub- amended by subsection (a) of this section, is search proposals are approved for funding; section (e)(2)(A) if, not later than 90 days amended by striking paragraphs (2) and (3) ‘‘(10) shall have authority to review and after the report is submitted under sub- and inserting the following: approve the establishment of all centers of section (e)(7)(A), the Director of NIH submits ‘‘(2) shall coordinate and oversee the oper- excellence recommended by the national re- to the committees specified in such sub- ation of the national research institutes, na- search institutes; section a report providing that the Director tional centers, and administrative entities ‘‘(11)(A) shall oversee research training for objects to the change, which report includes within the National Institutes of Health; all of the national research institutes and the reasons underlying the objection. ‘‘(3) shall, in consultation with the heads National Research Service Awards in accord- of the national research institutes and na- ‘‘(B) SCOPE OF OBJECTION.—For purposes of ance with section 487; and tional centers, be responsible for program subparagraph (A), an objection by the Direc- ‘‘(B) may conduct and support research coordination across the national research in- tor of NIH may be made to the entirety of a training— stitutes and national centers, including con- recommended organizational change or to 1 ‘‘(i) for which fellowship support is not pro- ducting priority-setting reviews, to ensure or more aspects of the change. Any aspect of vided under section 487; and that the research portfolio of the National a change not objected to by the Director in ‘‘(ii) that does not consist of residency Institutes of Health is balanced and free of a report under subparagraph (A) shall be im- training of physicians or other health profes- unnecessary duplication, and takes advan- plemented in accordance with paragraph (1). sionals; tage of collaborative, cross-cutting research; ‘‘(4) CONGRESSIONAL REVIEW.—An organiza- ‘‘(12) may, from funds appropriated under ‘‘(4) shall assemble accurate data to be tional change under subsection (d)(2) that is section 402A(b), reserve funds to provide for used to assess research priorities, including initiated pursuant to paragraph (1) shall be research on matters that have not received information to better evaluate scientific op- carried out by regulation in accordance with significant funding relative to other matters, portunity, public health burdens, and the procedures for substantive rules under to respond to new issues and scientific emer- progress in reducing health disparities; section 553 of title 5, United States Code. A gencies, and to act on research opportunities ‘‘(5) shall ensure that scientifically based rule under the preceding sentence shall be of high priority; strategic planning is implemented in support considered a major rule for purposes of chap- ‘‘(13) may, subject to appropriations Acts, of research priorities as determined by the ter 8 of such title (relating to congressional collect and retain registration fees obtained agencies of the National Institutes of Health; review of agency rulemaking). from third parties to defray expenses for sci- ‘‘(6) shall ensure that the resources of the ‘‘(g) DEFINITIONS.—For purposes of this entific, educational, and research-related National Institutes of Health are sufficiently title: conferences;’’. ‘‘(1) The term ‘Director of NIH’ means the allocated for research projects identified in (c) CERTAIN AUTHORITIES.—Section 402 of Director of the National Institutes of Health. strategic plans; the Public Health Service Act (42 U.S.C. 282) ‘‘(2) The terms ‘national research institute’ ‘‘(7)(A) shall, through the Division of Pro- is amended— and ‘national center’ mean an agency of the gram Coordination, Planning, and Strategic (1) by striking subsections (i) and (l); and National Institutes of Health that is— Initiatives— (2) by redesignating subsections (j) and (k) ‘‘(A) listed in subsection (b) and not termi- ‘‘(i) identify research that represents im- as subsections (i) and (j), respectively. nated under subsection (d)(2)(A); or portant areas of emerging scientific opportu- (d) ADVISORY COUNCIL FOR DIRECTOR OF ‘‘(B) established by the Director of NIH nities, rising public health challenges, or NIH.—Section 402 of the Public Health Serv- under such subsection. knowledge gaps that deserve special empha- ice Act, as amended by subsection (c) of this ‘‘(h) REFERENCES TO NIH.—For purposes of sis and would benefit from conducting or section, is amended by adding after sub- this title, a reference to the National Insti- supporting additional research that involves section (j) the following subsection: tutes of Health includes its agencies.’’. collaboration between 2 or more national re- ‘‘(k) COUNCIL OF COUNCILS.— (c) CONFORMING AMENDMENTS.—Title IV of search institutes or national centers, or ‘‘(1) ESTABLISHMENT.—Not later than 90 the Public Health Service Act (42 U.S.C. 281 would otherwise benefit from strategic co- days after the date of the enactment of the et seq.) is amended— ordination and planning; National Institutes of Health Reform Act of (1) by redesignating subpart 3 of part E as ‘‘(ii) include information on such research 2006, the Director of NIH shall establish subpart 19; in reports under section 403; and within the Office of the Director an advisory

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00149 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11796 CONGRESSIONAL RECORD — SENATE December 8, 2006 council to be known as the ‘Council of Coun- Drug, and Cosmetic Act (21 U.S.C. 360bbb) is ‘‘(iii) An estimate of the amounts deter- cils’ (referred to in this subsection as the amended in the matter following paragraph mined by the Director of NIH to be necessary ‘Council’) for the purpose of advising the Di- (7) by striking ‘‘402(j)(3)’’ and inserting to fund research described in section rector on matters related to the policies and ‘‘402(i)(3)’’. 402(b)(7)(A)(i)— activities of the Division of Program Coordi- (g) RULE OF CONSTRUCTION REGARDING AU- ‘‘(I) that is in addition to the research ac- nation, Planning, and Strategic Initiatives, THORITIES OF NATIONAL RESEARCH INSTITUTES tivities described in clause (ii); and including making recommendations with re- AND NATIONAL CENTERS.—This Act and the ‘‘(II) for which there is the most substan- spect to the conduct and support of research amendments made by this Act may not be tial need. described in subsection (b)(7). construed as affecting the authorities of the ‘‘(D) EVALUATION.—During the 6-month pe- ‘‘(2) MEMBERSHIP.— national research institutes and national riod following the end of the first fiscal year ‘‘(A) IN GENERAL.—The Council shall be centers that were in effect under the Public for which the total amount reserved under composed of 27 members selected by the Di- Health Service Act on the day before the subparagraph (B) is equal to 5 percent of the rector of NIH with approval from the Sec- date of the enactment of this Act, subject to total amount appropriated under subsection retary from among the list of nominees the authorities of the Secretary of Health (a) for such fiscal year, the Secretary, acting under subparagraph (C). and Human Services and the Director of NIH through the Director of NIH, in consultation ‘‘(B) CERTAIN REQUIREMENTS.—In selecting under section 401 of the Public Health Serv- with the advisory council established under the members of the Council, the Director of ice Act (as amended by section 101 of this section 402(k), shall submit recommenda- NIH shall ensure— Act). For purposes of the preceding sentence, tions to the Congress for changes regarding ‘‘(i) the representation of a broad range of the terms ‘‘national research institute’’, amounts for the Common Fund. disciplines and perspectives; and ‘‘national center’’, and ‘‘Director of NIH’’ ‘‘(2) TRANS-NIH RESEARCH REPORTING.— have the meanings given such terms in such ‘‘(ii) the ongoing inclusion of at least 1 rep- ‘‘(A) LIMITATION.—With respect to the total resentative from each national research in- section 401. amount appropriated under subsection (a) for stitute whose budget is substantial relative SEC. 103. AUTHORIZATION OF APPROPRIATIONS. fiscal year 2008 or any subsequent fiscal year, to a majority of the other institutes. (a) FUNDING.—Title IV of the Public Health if the head of a national research institute or ‘‘(C) NOMINATION.—The Director of NIH Service Act (42 U.S.C. 281 et seq.) is amended national center fails to submit the report re- shall maintain an updated list of individuals by inserting after section 402 the following: quired by subparagraph (B) for the preceding who have been nominated to serve on the ‘‘SEC. 402A. AUTHORIZATION OF APPROPRIA- fiscal year, the amount made available for Council, which list shall consist of the fol- TIONS. the institute or center for the fiscal year in- ‘‘(a) IN GENERAL.—For the purpose of car- lowing: volved may not exceed the amount made rying out this title, there are authorized to ‘‘(i) For each national research institute available for the institute or center for fiscal be appropriated— and national center, 3 individuals nominated year 2006. ‘‘(1) $30,331,309,000 for fiscal year 2007; by the head of such institute or center from ‘‘(B) REPORTING.—Not later than January ‘‘(2) $32,831,309,000 for fiscal year 2008; and among the members of the advisory council 1, 2008, and each January 1st thereafter— ‘‘(3) such sums as may be necessary for fis- of the institute or center, of which— ‘‘(i) the head of each national research in- cal year 2009. ‘‘(I) two shall be scientists; and stitute or national center shall submit to the ‘‘(b) OFFICE OF THE DIRECTOR.—Of the ‘‘(II) one shall be from the general public Director of NIH a report on the amount or shall be a leader in the field of public pol- amount authorized to be appropriated under subsection (a) for a fiscal year, there are au- made available by the institute or center for icy, law, health policy, economics, or man- conducting or supporting research that in- agement. thorized to be appropriated for programs and activities under this title carried out volves collaboration between the institute or ‘‘(ii) For each office within the Division of center and 1 or more other national research Program Coordination, Planning, and Stra- through the Office of the Director of NIH such sums as may be necessary for each of institutes or national centers; and tegic Initiatives, 1 individual nominated by ‘‘(ii) the Secretary shall submit a report to the head of such office. the fiscal years 2007 through 2009. ‘‘(c) TRANS-NIH RESEARCH.— the Congress identifying the percentage of ‘‘(iii) Members of the Council of Public funds made available by each national re- Representatives. ‘‘(1) COMMON FUND.— ‘‘(A) ACCOUNT.—For the purpose of alloca- search institute and national center with re- ‘‘(3) TERMS.— tions under section 402(b)(7)(B) (relating to spect to such fiscal year for conducting or ‘‘(A) IN GENERAL.—The term of service for supporting research described in clause (i). a member of the Council shall be 6 years, ex- research identified by the Division of Pro- gram Coordination, Planning, and Strategic ‘‘(C) DETERMINATION.—For purposes of de- cept as provided in subparagraphs (B) and termining the amount or percentage of funds (C). Initiatives), there is established an account to be known as the Common Fund. to be reported under subparagraph (B), any ‘‘(B) TERMS OF INITIAL APPOINTEES.—Of the amounts made available to an institute or initial members selected for the Council, the ‘‘(B) RESERVATION.— ‘‘(i) IN GENERAL.—Of the total amount ap- center under section 402(b)(7)(B) shall be in- Director of NIH shall designate— cluded. ‘‘(i) nine for a term of 6 years; propriated under subsection (a) for fiscal year 2007 or any subsequent fiscal year, the ‘‘(D) VERIFICATION OF AMOUNTS.—Upon re- ‘‘(ii) nine for a term of 4 years; and ceipt of each report submitted under sub- ‘‘(iii) nine for a term of 2 years. Director of NIH shall reserve an amount for the Common Fund, subject to any applicable paragraph (B)(i), the Director of NIH shall ‘‘(C) VACANCIES.—Any member appointed review and, in cases of discrepancy, verify to fill a vacancy occurring before the expira- provisions in appropriations Acts. ‘‘(ii) MINIMUM AMOUNT.—For each fiscal the accuracy of the amounts specified in the tion of the term for which the member’s report. predecessor was appointed shall be appointed year, the percentage constituted by the amount reserved under clause (i) relative to ‘‘(E) WAIVER.—At the request of any na- only for the remainder of that term. A mem- tional research institute or national center, ber may serve after the expiration of that the total amount appropriated under subsection (a) for such year may not be less the Director of NIH may waive the applica- member’s term until a successor has taken tion of this paragraph to such institute or office.’’. than the percentage constituted by the amount so reserved for the preceding fiscal center if the Director finds that the conduct (e) REVIEW BY ADVISORY COUNCILS OF RE- or support of research described in subpara- SEARCH PROPOSALS.—Section 492A(a)(2) of year relative to the total amount appro- graph (B)(i) is inconsistent with the mission the Public Health Service Act (42 U.S.C. priated under subsection (a) for such pre- of such institute or center. 289a–1(a)(2)) is amended by inserting before ceding fiscal year, subject to any applicable the period the following: ‘‘, and unless a ma- provisions in appropriations Acts. ‘‘(d) TRANSFER AUTHORITY.—Of the total jority of the voting members of the appro- ‘‘(C) COMMON FUND STRATEGIC PLANNING RE- amount appropriated under subsection (a) for priate advisory council under section 406, or PORT.—Not later than June 1, 2007, and every a fiscal year, the Director of NIH may (in ad- as applicable, of the advisory council under 2 years thereafter, the Secretary, acting dition to the reservation under subsection section 402(k), has recommended the pro- through the Director of NIH, shall submit a (c)(1) for such year) transfer not more than 1 posal for approval’’. report to the Congress containing a strategic percent for programs or activities that are (f) CONFORMING AMENDMENTS.— plan for funding research described in sec- authorized in this title and identified by the (1) PUBLIC HEALTH SERVICE ACT.—The Pub- tion 402(b)(7)(A)(i) (including personnel Director to receive funds pursuant to this lic Health Service Act (42 U.S.C. 201 et seq.) needs) through the Common Fund. Each such subsection. In making such transfers, the Di- is amended— plan shall include the following: rector may not decrease any appropriation (A) in section 402(a), by striking ‘‘Director ‘‘(i) An estimate of the amounts deter- account under subsection (a) by more than 1 of the National Institutes of Health’’ and all mined by the Director of NIH to be appro- percent. that follows through ‘‘who shall’’ and insert- priate for maximizing the potential of such ‘‘(e) RULE OF CONSTRUCTION.—This section ing ‘‘Director of NIH who shall’’; and research. may not be construed as affecting the au- (B) in sections 405(c)(3)(A), 452(c)(1)(E)(i), ‘‘(ii) An estimate of the amounts deter- thorities of the Director of NIH under sec- and 492(a)(2), by striking the term ‘‘402(b)(6)’’ mined by the Director of NIH to be sufficient tion 401.’’. each place such term appears and inserting only for continuing to fund research activi- (b) ELIMINATION OF OTHER AUTHORIZATIONS ‘‘402(b)(16)’’. ties previously identified by the Division of OF APPROPRIATIONS.—Title IV of the Public (2) FEDERAL FOOD, DRUG, AND COSMETIC Program Coordination, Planning, and Stra- Health Service Act (42 U.S.C. 281 et seq.) is ACT.—Section 561(c) of the Federal Food, tegic Initiatives. amended—

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00150 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11797 (1) by striking the first sentence of para- (B) by striking ‘‘for such buildings and fa- National Institutes of Health and policies re- graph (5) of section 402(i) (as redesignated by cilities’’ and inserting ‘‘for suitable and ade- specting the programs of such agencies. section 102(b)); quate buildings and facilities for use of the ‘‘(3) Classification and justification for the (2) by striking subsection (e) of section Library’’; and priorities established by the agencies, in- 403A; (C) by striking ‘‘The amounts authorized cluding a strategic plan and recommenda- (3) by striking subsection (c) of section to be appropriated by this section include’’ tions for future research initiatives to be 404B; and inserting ‘‘Amounts appropriated to carried out under section 402(b)(7) through (4) by striking subsection (h) of section carry out this section may be used for’’; the Division of Program Coordination, Plan- 404E; (39) by striking section 468; ning, and Strategic Initiatives. (5) by striking subsection (d) of section (40) in section 481A— ‘‘(4) A catalog of all the research activities 404F; (A) in the matter preceding subparagraph of the agencies, prepared in accordance with (6) by striking subsection (e) of section (A) of subsection (c)(2)— the following: 404G; (i) by striking the term ‘‘under subsection ‘‘(A) The catalog shall, for each such activ- (7) by striking subsection (d) of section (i)(1)’’ and inserting ‘‘to carry out this sec- ity— 409A; tion’’; and ‘‘(i) identify the agency or agencies in- (8) in section 409B— (ii) by striking ‘‘under such subsection’’ volved; (A) in subsection (a), by striking ‘‘under and inserting ‘‘to carry out this section’’; ‘‘(ii) state whether the activity was carried subsection (e)’’ and inserting ‘‘to carry out and out directly by the agencies or was supported by the agencies and describe to what this section’’; and (B) by striking subsection (i); extent the agency was involved; and (B) by striking subsection (e); (41) in subsection (a) of section 481B, by ‘‘(iii) identify whether the activity was (9) by striking subsection (e) of section striking ‘‘under section 481A(h)’’ and insert- carried out through a center of excellence. 409C; ing ‘‘to carry out section 481A’’; ‘‘(B) In the case of clinical research, the (10) in section 409D— (42) by striking subsection (c) in the sec- catalog shall, as appropriate, identify study (A) by striking subsection (d); and tion 481C that relates to general clinical re- populations by demographic variables and (B) by redesignating subsection (e) as sub- search centers; other variables that contribute to research section (d); (43) by striking subsection (e) in section 485C; on minority health and health disparities. (11) by striking subsection (e) of section ‘‘(C) Research activities listed in the cata- 409E; (44) by striking subsection (l) in section 485E; log shall include, where applicable, the fol- (12) by striking subsection (c) of section lowing: 409F; (45) by striking subsection (h) in section 485F; ‘‘(i) Epidemiological studies and longitu- (13) in section 409H, by striking— dinal studies. (A) paragraph (3) of subsection (a); (46) by striking subsection (e) in section 485G; ‘‘(ii) Disease registries, information clear- (B) paragraph (3) of subsection (b); inghouses, and other data systems. (C) paragraph (5) of subsection (c); and (47) by striking subsection (d) of section 487; ‘‘(iii) Public education and information (D) paragraph (4) of subsection (d); campaigns. (48) by striking subsection (c) of section (14) by striking subsection (d) of section ‘‘(iv) Training activities, including— 487A; and 409I; ‘‘(I) National Research Service Awards and (49) by striking subsection (c) in the sec- (15) by striking section 417B; Clinical Transformation Science Awards; tion 487F that relates to a loan repayment (16) by striking subsection (g) of section ‘‘(II) graduate medical education pro- program regarding clinical researchers. 417C; grams, including information on the number (c) RULE OF CONSTRUCTION REGARDING CON- (17) in section 417D, by striking— and type of graduate degrees awarded during (A) paragraph (3) of subsection (a); and TINUATION OF PROGRAMS.—The amendment of a program by a provision of subsection (b) the period in which the programs received (B) paragraph (3) of subsection (b); funding under this title; (18) by striking subsection (d) of section may not be construed as terminating the authority of the Federal agency involved to ‘‘(III) investigator-initiated awards for 424A; carry out the program. postdoctoral training; (19) by striking subsection (c) of section ‘‘(IV) a breakdown by demographic vari- SEC. 104. REPORTS. 424B; ables and other appropriate categories; and (20) by striking section 425; (a) REPORT OF DIRECTOR OF NIH.—The Pub- lic Health Service Act (42 U.S.C. 201 et seq.), ‘‘(V) an evaluation and comparison of out- (21) by striking subsection (d) of section as amended by section 103(a) of this Act, is comes and effectiveness of various training 434A; amended— programs. (22) by striking subsection (d) of section (1) by redesignating section 403A as section ‘‘(v) Clinical trials, including a breakdown 441A; 403C; of participation by study populations and de- (23) by striking subsection (c) of section (2) in section 1710(a), by striking ‘‘section mographic variables and such other informa- 442A; 403A’’ and inserting ‘‘section 403C’’; and tion as may be necessary to demonstrate (24) in section 445H— (3) by striking section 403 and inserting the compliance with section 492B (regarding in- (A) by striking subsection (b); and clusion of women and minorities in clinical following sections: (B) in subsection (a), by striking ‘‘(a)’’; research). (25) by striking subsection (d) of section ‘‘SEC. 402B. ELECTRONIC CODING OF GRANTS ‘‘(vi) Translational research activities with AND ACTIVITIES. 445I; ‘‘The Secretary, acting through the Direc- other agencies of the Public Health Service. (26) by striking section 445J; tor of NIH, shall establish an electronic sys- ‘‘(5) A summary of the research activities (27) in section 447A— tem to uniformly code research grants and throughout the agencies, which summary (A) by striking subsection (b); and activities of the Office of the Director and of shall be organized by the following cat- (B) in subsection (a), by striking ‘‘(a)’’; all the national research institutes and na- egories, where applicable: (28) by striking subsection (d) of section tional centers. The electronic system shall ‘‘(A) Cancer. 447B; be searchable by a variety of codes, such as ‘‘(B) Neurosciences. (29) by striking subsection (g) in section the type of research grant, the research enti- ‘‘(C) Life stages, human development, and 452A; ty managing the grant, and the public health rehabilitation. (30) by striking paragraph (7) in section area of interest. When permissible, the Sec- ‘‘(D) Organ systems. 452E(b); retary, acting through the Director of NIH, ‘‘(E) Autoimmune diseases. (31) in section 452G— shall provide information on relevant lit- ‘‘(F) Genomics. (A) by striking subsection (b); and erature and patents that are associated with ‘‘(G) Molecular biology and basic science. (B) in subsection (a), by striking ‘‘(a) EN- research activities of the National Institutes ‘‘(H) Technology development. HANCED SUPPORT.—’’; of Health. ‘‘(I) Chronic diseases, including pain and (32) by striking subsection (d) of section ‘‘SEC. 403. BIENNIAL REPORTS OF DIRECTOR OF palliative care. 464H; NIH. ‘‘(J) Infectious diseases and bioterrorism. (33) by striking subsection (d) of section ‘‘(a) IN GENERAL.—The Director of NIH ‘‘(K) Minority health and health dispari- 464L; shall submit to the Congress on a biennial ties. (34) by striking paragraph (4) of section basis a report in accordance with this sec- ‘‘(L) Such additional categories as the Di- 464N(c); tion. The first report shall be submitted not rector determines to be appropriate. (35) by striking subsection (e) of section later than 1 year after the date of the enact- ‘‘(6) A review of each entity receiving fund- 464P; ment of the National Institutes of Health ing under this title in its capacity as a cen- (36) by striking subsection (f) of section Reform Act of 2006. Each such report shall ter of excellence (in this paragraph referred 464R; include the following information: to as a ‘center of excellence’), including the (37) by striking subsection (d) of section ‘‘(1) An assessment of the state of bio- following: 464z; medical and behavioral research. ‘‘(A) An evaluation of the performance and (38) in section 467— ‘‘(2) A description of the activities con- research outcomes of each center of excel- (A) by striking the first sentence; ducted or supported by the agencies of the lence.

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‘‘(B) Recommendations for promoting co- ‘‘(b) EXPERTS AND CONSULTANTS.—On an (iii) by striking paragraph (3); ordination of information among the centers annual basis, the Director of NIH shall sub- (H) in section 429, by striking subsections of excellence. mit to the Inspector General of the Depart- (c) and (d); ‘‘(C) Recommendations for improving the ment of Health and Human Services, the (I) in section 442, by striking subsection (j) effectiveness, efficiency, and outcomes of the Secretary, the Committee on Energy and and redesignating subsection (k) as sub- centers of excellence. Commerce and the Committee on Appropria- section (j); ‘‘(D) If no additional centers of excellence tions of the House of Representatives, and (J) in section 464D, by striking subsection have been funded under this title since the the Committee on Health, Education, Labor, (j); previous report under this section, an expla- and Pensions and the Committee on Appro- (K) in section 464E, by striking subsection nation of the reasons for not funding any ad- priations of the Senate a report that— (e); ditional centers. ‘‘(1) identifies the number of experts and (L) in section 464T, by striking subsection ‘‘(b) REQUIREMENT REGARDING DISEASE- consultants, including any special consult- (e); SPECIFIC RESEARCH ACTIVITIES.—In a report ants, whose services are obtained by the Na- (M) in section 481A, by striking subsection under subsection (a), the Director of NIH, tional Institutes of Health or its agencies; (h); when reporting on research activities relat- ‘‘(2) specifies whether such services were (N) in section 485E, by striking subsection ing to a specific disease, disorder, or other obtained under section 207(f), section 402(d), (k); adverse health condition, shall— or other authority; (O) in section 485H— ‘‘(1) present information in a standardized ‘‘(3) describes the qualifications of such ex- (i) by striking ‘‘(a)’’ and all that follows format; perts and consultants; through ‘‘The Secretary,’’ and inserting ‘‘(2) identify the actual dollar amounts ob- ‘‘(4) describes the need for hiring such ex- ‘‘The Secretary,’’; and ligated for such activities; and perts and consultants; and (ii) by striking subsection (b); and ‘‘(3) include a plan for research on the spe- ‘‘(5) if such experts and consultants make (P) in section 494— cific disease, disorder, or other adverse financial disclosures to the National Insti- (i) by striking ‘‘(a) If the Secretary’’ and health condition, including a statement of tutes of Health or any of its agencies, speci- inserting ‘‘If the Secretary’’; and objectives regarding the research, the means fies the income, gifts, assets, and liabilities (ii) by striking subsection (b). for achieving the objectives, a date by which so disclosed. (2) PUBLIC HEALTH SERVICE ACT; OTHER PRO- the objectives are expected to be achieved, ‘‘(c) FIRST REPORT.—The first report under VISIONS.—The Public Health Service Act (42 and justifications for revisions to the plan. subsections (a) and (b) shall be submitted not U.S.C. 201 et seq.) is amended— ‘‘(c) ADDITIONAL REPORTS.—In addition to later than 1 year after the date of the enact- (A) in section 399E, by striking subsection reports required by subsections (a) and (b), ment of the National Institutes of Health (e); the Director of NIH or the head of a national Reform Act of 2006. (B) in section 1122— research institute or national center may ‘‘SEC. 403C. ANNUAL REPORTING REGARDING (i) by striking ‘‘(a) From the sums’’ and in- submit to the Congress such additional re- TRAINING OF GRADUATE STUDENTS serting ‘‘From the sums’’; and FOR DOCTORAL DEGREES. ports as the Director or the head of such in- (ii) by striking subsections (b) and (c); ‘‘(a) IN GENERAL.—Each institution receiv- stitute or center determines to be appro- (C) by striking section 2301; priate. ing an award under this title for the training of graduate students for doctoral degrees (D) in section 2354, by striking subsection ‘‘SEC. 403A. ANNUAL REPORTING TO INCREASE (b) and redesignating subsection (c) as sub- INTERAGENCY COLLABORATION shall annually report to the Director of NIH, with respect to each degree-granting pro- section (b); AND COORDINATION. (E) in section 2356, by striking subsection ‘‘(a) COLLABORATION WITH OTHER HHS gram at such institution— ‘‘(1) the percentage of students admitted (e) and redesignating subsections (f) and (g) AGENCIES.—On an annual basis, the Director as subsections (e) and (f), respectively; and of NIH shall submit to the Secretary a report for study who successfully attain a doctoral degree; and (F) in section 2359(b)— on the activities of the National Institutes of (i) by striking paragraph (2); Health involving collaboration with other ‘‘(2) for students described in paragraph (1), (ii) by striking ‘‘(b) EVALUATION AND RE- agencies of the Department of Health and the average time between the beginning of PORT’’ and all that follows through ‘‘Not Human Services. graduate study and the receipt of a doctoral later than 5 years’’ and inserting ‘‘(b) EVAL- ‘‘(b) CLINICAL TRIALS.—Each calendar year, degree. UATION.—Not later than 5 years’’; the Director of NIH shall submit to the Com- ‘‘(3) PROVISION OF INFORMATION TO APPLI- (iii) by redesignating subparagraphs (A) missioner of Food and Drugs a report that CANTS.—Each institution described in sub- through (C) as paragraphs (1) through (3), re- identifies each clinical trial that is reg- section (a) shall provide to each student sub- spectively; and istered during such calendar year in the mitting an application for a program of grad- (iv) by moving each of paragraphs (1) databank of information established under uate study at such institution the informa- through (3) (as so redesignated) 2 ems to the section 402(i). tion described in paragraphs (1) and (2) of left. ‘‘(c) HUMAN TISSUE SAMPLES.—On an an- such subsection with respect to the program nual basis, the Director of NIH shall submit or programs to which such student has ap- (3) OTHER ACTS.—Provisions of Federal law to the Congress a report that describes how plied.’’. are amended as follows: the National Institutes of Health and its (b) STRIKING OF OTHER REPORTING REQUIRE- (A) Section 7 of Public Law 97–414 is agencies store and track human tissue sam- MENTS FOR NIH.— amended— ples. (1) PUBLIC HEALTH SERVICE ACT; TITLE IV.— (i) in subsection (a)— ‘‘(d) FIRST REPORT.—The first report under Title IV of the Public Health Service Act, as (I) in paragraph (2), by inserting ‘‘and’’ at subsections (a), (b), and (c) shall be sub- amended by section 103(b) of this Act, is the end; mitted not later than 1 year after the date of amended— (II) in paragraph (3), by striking ‘‘; and’’ the enactment of the National Institutes of (A) in section 404E(b)— and inserting a period; and Health Reform Act of 2006. (i) by amending paragraph (3) to read as (III) by striking paragraph (4); and ‘‘SEC. 403B. ANNUAL REPORTING TO PREVENT follows: (ii) in subsection (b), by striking the last FRAUD AND ABUSE. ‘‘(3) COORDINATION OF CENTERS.—The Direc- sentence of paragraph (3). ‘‘(a) WHISTLEBLOWER COMPLAINTS.— tor of NIH shall, as appropriate, provide for (B) Title III of Public Law 101–557 (42 ‘‘(1) IN GENERAL.—On an annual basis, the the coordination of information among cen- U.S.C. 242q et seq.) is amended by striking Director of NIH shall submit to the Inspector ters under paragraph (1) and ensure regular section 304 and redesignating section 305 and General of the Department of Health and communication between such centers.’’; and 306 as sections 304 and 305, respectively. Human Services, the Secretary, the Com- (ii) by striking subsection (f) and redesig- (C) Section 4923 of Public Law 105–33 is mittee on Energy and Commerce and the nating subsection (g) as subsection (f); amended by striking subsection (b). Committee on Appropriations of the House (B) in section 404F(b)(1), by striking sub- (D) Public Law 106–310 is amended by strik- of Representatives, and the Committee on paragraphs (F) and (G); ing section 105. Health, Education, Labor, and Pensions and (C) by striking section 407; (E) Section 1004 of Public Law 106–310 is the Committee on Appropriations of the Sen- (D) in section 409C(b), by striking para- amended by striking subsection (d). ate a report summarizing the activities of graph (4) and redesignating paragraphs (5) (F) Section 3633 of Public Law 106–310 (as the National Institutes of Health relating to and (6) as paragraphs (4) and (5), respec- amended by section 2502 of Public Law 107– whistleblower complaints. tively; 273) is repealed. ‘‘(2) CONTENTS.—For each whistleblower (E) in section 409E, by striking subsection (G) Public Law 106–525 is amended by strik- complaint pending during the year for which (d); ing section 105. a report is submitted under this subsection, (F) in section 417C, by striking subsection (H) Public Law 107–84 is amended by strik- the report shall identify the following: (f); ing section 6. ‘‘(A) Each agency of the National Insti- (G) in section 424B(a)— (I) Public Law 108–427 is amended by strik- tutes of Health involved. (i) in paragraph (1), by adding ‘‘and’’ after ing section 3 and redesignating sections 4 ‘‘(B) The status of the complaint. the semicolon at the end; and 5 as sections 3 and 4, respectively. ‘‘(C) The resolution of the complaint to (ii) in paragraph (2), by striking ‘‘; and’’ SEC. 105. CERTAIN DEMONSTRATION PROJECTS. date. and inserting a period; and (a) BRIDGING THE SCIENCES.—

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(1) IN GENERAL.—From amounts to be ap- the Foundation for the National Institutes of transferred under subsection (l)’’ before the propriated under section 402A(b) of the Pub- Health. period at the end; and lic Health Service Act, the Secretary of (5) PEER REVIEW.—A grant for research de- (ii) by striking subparagraph (C) and in- Health and Human Services, acting through scribed in paragraph (1) may be made only if serting the following: the Director of NIH, (in this subsection re- the application for the grant has undergone ‘‘(C) The Foundation shall make copies of ferred to as the ‘‘Secretary’’) in consultation technical and scientific peer review under each report submitted under subparagraph with the Director of the National Science section 492 of the Public Health Service Act (A) available— Foundation, the Secretary of Energy, and (42 U.S.C. 289a) and has been reviewed by the ‘‘(i) for public inspection, and shall upon other agency heads when necessary, may al- advisory council under section 402(k) of such request provide a copy of the report to any locate funds for the national research insti- Act (as added by section 102(c) of this Act). individual for a charge that shall not exceed tutes and national centers to make grants (c) REPORT TO CONGRESS.—Not later than the cost of providing the copy; and for the purpose of improving the public the end of fiscal year 2009, the Secretary, ‘‘(ii) to the appropriate committees of Con- health through demonstration projects for acting through the Director of NIH, shall gress.’’; and biomedical research at the interface between conduct an evaluation of the activities under (C) in paragraph (10), by striking ‘‘of the biological, behavioral, and social this section and submit a report to the Con- Health.’’ and inserting ‘‘of Health and the sciences and the physical, chemical, mathe- gress on the results of such evaluation. National Institutes of Health may accept matical, and computational sciences. (d) DEFINITIONS.—For purposes of this sec- transfers of funds from the Foundation.’’; (2) GOALS, PRIORITIES, AND METHODS; INTER- tion, the terms ‘‘Director of NIH’’ , ‘‘national and AGENCY COLLABORATION.—The Secretary shall research institute’’, and ‘‘national center’’ (3) by striking subsection (l) and inserting establish goals, priorities, and methods of have the meanings given such terms in sec- the following: evaluation for research under paragraph (1), tion 401 of the Public Health Service Act. ‘‘(l) FUNDING.—From amounts appropriated and shall provide for interagency collabora- SEC. 106. ENHANCING THE CLINICAL AND to the National Institutes of Health, for each tion with respect to such research. In devel- TRANSLATIONAL SCIENCE AWARD. fiscal year, the Director of NIH shall transfer oping such goals, priorities, and methods, (a) IN GENERAL.—In administering the not less than $500,000 and not more than the Secretary shall ensure that— Clinical and Translational Science Award, $1,250,000 to the Foundation.’’. (A) the research reflects the vision of inno- the Director of NIH shall establish a mecha- SEC. 108. MISCELLANEOUS AMENDMENTS. vation and higher risk with long-term pay- nism to preserve independent funding and in- (a) CERTAIN AUTHORITIES OF THE SEC- offs; and frastructure for pediatric clinical research RETARY.— (B) the research includes a wide spectrum centers by— (1) IN GENERAL.—Section 401 of the Public of projects, funded at various levels, with (1) allowing the appointment of a sec- Health Service Act, as added and amended by varying timeframes. ondary principal investigator under a single section 101, is amended in subsection (d) by (3) PEER REVIEW.—A grant may be made Clinical and Translational Science Award, inserting after paragraph (1) a subsection under paragraph (1) only if the application such that a pediatric principal investigator that is identical to section 401(c) of such Act for the grant has undergone technical and may be appointed with direct authority over as in effect on the day before the date of the scientific peer review under section 492 of the enactment of this Act. The subsection so in- Public Health Service Act (42 U.S.C. 289a) a separate budget and infrastructure for pediatric clinical research; or serted is amended— and has been reviewed by the advisory coun- (A) by striking ‘‘(c)(1) The Secretary may’’ cil under section 402(k) of such Act (as added (2) otherwise securing institutional independence of pediatric clinical research cen- and inserting the following: by section 102(c) of this Act) or has been re- ‘‘(2) REORGANIZATION OF INSTITUTES.— viewed by an advisory council composed of ters with respect to finances, infrastructure, resources, and research agenda. ‘‘(A) IN GENERAL.—The Secretary may’’; representatives from appropriate scientific (B) by striking ‘‘(A) the Secretary deter- disciplines who can fully evaluate the appli- (b) REPORT.—As part of the biennial report under section 403 of the Public Health Serv- mines’’ and inserting the following: cant. ‘‘(i) the Secretary determines’’; (b) HIGH-RISK, HIGH-REWARD RESEARCH.— ice Act, the Director of NIH shall provide an (C) by striking ‘‘(B) the additional’’ and in- (1) IN GENERAL.—From amounts to be ap- evaluation and comparison of outcomes and serting the following: propriated under section 402A(b) of the Pub- effectiveness of training programs under sub- ‘‘(ii) the additional’’; and lic Health Service Act, the Secretary, acting section (a). (D) by striking ‘‘(2) The Secretary may’’ through the Director of NIH, may allocate (c) DEFINITION.—For purposes of this sec- and inserting the following: funds for the national research institutes tion, the term ‘‘Director of NIH’’ has the ‘‘(B) ADDITIONAL AUTHORITY.—The Sec- and national centers to make awards of meaning given such term in section 401 of retary may’’. grants or contracts or to engage in other the Public Health Service Act. (2) CONFORMING AMENDMENTS.—Section transactions for demonstration projects for SEC. 107. FOUNDATION FOR THE NATIONAL IN- high-impact, cutting-edge research that fos- STITUTES OF HEALTH. 401(d)(2) of the Public Health Service Act, as ters scientific creativity and increases fun- Section 499 of the Public Health Service designated by paragraph (1) of this sub- damental biological understanding leading Act (42 U.S.C. 290b) is amended— section, is amended— to the prevention, diagnosis, and treatment (1) in subsection (d)— (A) in subparagraph (A)(ii), by striking of diseases and disorders. The head of a na- (A) in paragraph (1)— ‘‘subparagraph (A)’’ and inserting ‘‘clause tional research institute or national center (i) by amending subparagraph (D)(ii) to (i)’’; and may conduct or support such high-impact, read as follows: (B) by striking ‘‘Labor and Human Re- cutting-edge research (with funds allocated ‘‘(ii) Upon the appointment of the ap- sources’’ each place such term appears and under the preceding sentence or otherwise pointed members of the Board under clause inserting ‘‘Health, Education, Labor, and available for such purpose) if the institute or (i)(II), the terms of service as members of the Pensions’’. (b) CERTAIN RESEARCH CENTERS.—Section center gives notice to the Director of NIH be- Board of the ex officio members of the Board 414 of the Public Health Service Act (42 forehand and submits a report to the Direc- described in clauses (i) and (ii) of subpara- U.S.C. 285a–3) is amended by adding at the tor of NIH on an annual basis on the activi- graph (B) shall terminate. The ex officio end the following subsection: ties of the institute or center relating to members of the Board described in clauses ‘‘(d) Research centers under this section such research. (iii) and (iv) of subparagraph (B) shall con- may not be considered centers of excellence (2) SPECIAL CONSIDERATION.—In carrying tinue to serve as ex officio members of the for purposes of section 402(b)(10).’’. out the program under paragraph (1), the Di- Board.’’; and SEC. 109. APPLICABILITY. rector of NIH shall give special consideration (ii) in subparagraph (G), by inserting ‘‘ap- This title and the amendments made by to coordinating activities with national re- pointed’’ after ‘‘that the number of’’; this title apply only with respect to amounts search institutes whose budgets are substan- (B) by amending paragraph (3)(B) to read appropriated for fiscal year 2007 or subse- tial relative to a majority of the other insti- as follows: quent fiscal years. tutes. ‘‘(B) Any vacancy in the membership of the TITLE II—MISCELLANEOUS PROVISIONS (3) ADMINISTRATION OF PROGRAM.—Activi- appointed members of the Board shall be ties relating to research described in para- filled in accordance with the bylaws of the SEC. 201. REDISTRIBUTION OF CERTAIN UNUSED graph (1) shall be designed by the Director of Foundation established in accordance with SCHIP ALLOTMENTS FOR FISCAL YEARS 2004 AND 2005 TO REDUCE NIH or the head of a national research insti- paragraph (6), and shall not affect the power FUNDING SHORTFALLS FOR FISCAL tute or national center, as applicable, to en- of the remaining appointed members to exe- YEAR 2007. able such research to be carried out with cute the duties of the Board.’’; and (a) REDISTRIBUTION OF CERTAIN UNUSED maximum flexibility and speed. (C) in paragraph (5), by inserting ‘‘ap- SCHIP ALLOTMENTS.—Section 2104 of the So- (4) PUBLIC-PRIVATE PARTNERSHIPS.—In pro- pointed’’ after ‘‘majority of the’’; cial Security Act (42 U.S.C. 1397dd) is amend- viding for research described in paragraph (2) in subsection (j)— ed by adding at the end the following new (1), the Director of NIH or the head of a na- (A) in paragraph (2), by striking subsection: tional research institute or national center, ‘‘(d)(2)(B)(i)(II)’’ and inserting ‘‘(d)(6)’’; ‘‘(h) SPECIAL RULES TO ADDRESS FISCAL as applicable, shall seek to facilitate part- (B) in paragraph (4)— YEAR 2007 SHORTFALLS.— nerships between public and private entities (i) in subparagraph (A), by inserting ‘‘, in- ‘‘(1) REDISTRIBUTION OF UNUSED FISCAL and shall coordinate when appropriate with cluding an accounting of the use of amounts YEAR 2004 ALLOTMENTS.—

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‘‘(A) IN GENERAL.—Notwithstanding sub- FALLS.—The Secretary shall redistribute the ‘‘(A) IN GENERAL.—The Secretary may ad- section (f) and subject to subparagraphs (C) amounts available for redistribution under just the estimates and determinations made and (D), with respect to months beginning subparagraph (A) to shortfall States de- under paragraphs (1), (2), and (3) as necessary during fiscal year 2007, the Secretary shall scribed in subparagraph (B) in the order in on the basis of the amounts reported by provide for a redistribution under such sub- which such States realize monthly funding States not later than November 30, 2007, on section from the allotments for fiscal year shortfalls under this title for fiscal year 2007. CMS Form 64 or CMS Form 21, as the case 2004 under subsection (b) that are not ex- The Secretary shall only make redistribu- may be and as approved by the Secretary, pended by the end of fiscal year 2006, to a tions under this paragraph to the extent that but in no case may the applicable amount shortfall State described in subparagraph such amounts are available for such redis- described in paragraph (3)(C)(ii) exceed the (B), such amount as the Secretary deter- tributions. amount determined by the Secretary on the mines will eliminate the estimated shortfall ‘‘(D) PRORATION RULE.—If the amounts basis of the most recent data available to the described in such subparagraph for such available for redistribution under paragraph Secretary as of March 31, 2007. State for the month. (3) for a month are less than the total ‘‘(B) FUNDING OF ANY RETROSPECTIVE AD- ‘‘(B) SHORTFALL STATE DESCRIBED.—For amounts of the estimated shortfalls deter- JUSTMENTS ONLY FROM UNEXPENDED 2005 AL- purposes of this paragraph, a shortfall State mined for the month under subparagraph LOTMENTS.—Notwithstanding subsections (e) described in this subparagraph is a State (A), the amount computed under such sub- and (f), to the extent the Secretary deter- with a State child health plan approved paragraph for each shortfall State shall be mines it necessary to adjust the estimates under this title for which the Secretary esti- reduced proportionally. and determinations made for purposes of mates, subject to paragraph (4)(B) and on a ‘‘(3) TREATMENT OF CERTAIN STATES WITH paragraphs (1), (2), and (3), the Secretary monthly basis using the most recent data FISCAL YEAR 2005 ALLOTMENTS UNEXPENDED AT may use only the allotments for fiscal year available to the Secretary as of such month, THE END OF THE FIRST HALF OF FISCAL YEAR 2005 under subsection (b) that remain unex- that the projected expenditures under such 2007.— pended through the end of fiscal year 2007 for plan for such State for fiscal year 2007 will ‘‘(A) IDENTIFICATION OF STATES.—The Sec- providing any additional amounts to States exceed the sum of— retary, on the basis of the most recent data described in paragraph (2)(B) (without regard ‘‘(i) the amount of the State’s allotments available to the Secretary as of March 31, to whether such unexpended allotments are for each of fiscal years 2005 and 2006 that was 2007— from States described paragraph (3)(B)). not expended by the end of fiscal year 2006; ‘‘(i) shall identify those States that re- ‘‘(C) RULES OF CONSTRUCTION.—Nothing in and ceived an allotment for fiscal year 2005 under this subsection shall be construed as— ‘‘(ii) the amount of the State’s allotment subsection (b) which have not expended all of ‘‘(i) authorizing the Secretary to use the for fiscal year 2007. such allotment by March 31, 2007; and allotments for fiscal year 2006 or 2007 under ‘‘(C) FUNDS REDISTRIBUTED IN THE ORDER IN ‘‘(ii) for each such State shall estimate— subsection (b) of States described in para- WHICH STATES REALIZE FUNDING SHORT- ‘‘(I) the portion of such allotment that was graph (3)(B) to provide additional amounts to FALLS.—The Secretary shall redistribute the not so expended by such date; and States described in paragraph (2)(B) for pur- amounts available for redistribution under ‘‘(II) whether the State is described in sub- poses of eliminating the funding shortfall for subparagraph (A) to shortfall States de- paragraph (B). such States for fiscal year 2007; or scribed in subparagraph (B) in the order in ‘‘(B) STATES WITH FUNDS IN EXCESS OF 200 ‘‘(ii) limiting the authority of the Sec- which such States realize monthly funding PERCENT OF NEED.—A State described in this retary to redistribute the allotments for fis- shortfalls under this title for fiscal year 2007. subparagraph is a State for which the Sec- cal year 2005 under subsection (b) that re- The Secretary shall only make redistribu- retary determines, on the basis of the most main unexpended through the end of fiscal tions under this paragraph to the extent that recent data available to the Secretary as of year 2007 and are available for redistribution there are unexpended fiscal year 2004 allot- March 31, 2007, that the total of all available under subsection (f) after the application of ments under subsection (b) available for such allotments under this title to the State as of subparagraph (B). redistributions. such date, is at least equal to 200 percent of ‘‘(6) 1-YEAR AVAILABILITY; NO FURTHER RE- ‘‘(D) PRORATION RULE.—If the amounts the total projected expenditures under this DISTRIBUTION.—Notwithstanding subsections available for redistribution under subpara- title for the State for fiscal year 2007. (e) and (f), amounts redistributed to a State graph (A) for a month are less than the total ‘‘(C) REDISTRIBUTION AND LIMITATION ON pursuant to this subsection for fiscal year amounts of the estimated shortfalls deter- AVAILABILITY OF PORTION OF UNUSED ALLOT- 2007 shall only remain available for expendi- mined for the month under that subpara- MENTS FOR CERTAIN STATES.— ture by the State through September 30, 2007, graph, the amount computed under such sub- ‘‘(i) IN GENERAL.—In the case of a State and any amounts of such redistributions that paragraph for each shortfall State shall be identified under subparagraph (A)(i) that is remain unexpended as of such date, shall not reduced proportionally. also described in subparagraph (B), notwith- be subject to redistribution under subsection ‘‘(2) FUNDING REMAINDER OF REDUCTION OF standing subsection (e), the applicable (f). Nothing in the preceding sentence shall SHORTFALL FOR FISCAL YEAR 2007 THROUGH RE- amount described in clause (ii) shall not be be construed as limiting the ability of the DISTRIBUTION OF CERTAIN UNUSED FISCAL YEAR available for expenditure by the State on or Secretary to adjust the determinations made 2005 ALLOTMENTS.— after April 1, 2007, and shall be redistributed under paragraphs (1), (2), and (3) in accord- ‘‘(A) IN GENERAL.—Subject to subpara- in accordance with paragraph (2). ance with paragraph (5). graphs (C) and (D) and paragraph (5)(B), with ‘‘(ii) APPLICABLE AMOUNT.—For purposes of EFINITION OF STATE.—For purposes of respect to months beginning during fiscal clause (i), the applicable amount described in ‘‘(7) D year 2007 after March 31, 2007, the Secretary this clause is the lesser of— this subsection, the term ‘State’ means a shall provide for a redistribution under sub- ‘‘(I) 50 percent of the amount described in State that receives an allotment for fiscal section (f) from amounts made available for subparagraph (A)(ii)(I); or year 2007 under subsection (b).’’. (b) EXTENDING AUTHORITY FOR QUALIFYING redistribution under paragraph (3) to each ‘‘(II) $20,000,000. STATES TO USE CERTAIN FUNDS FOR MEDICAID shortfall State described in subparagraph ‘‘(4) SPECIAL RULES.— EXPENDITURES.—Section 2105(g)(1)(A) of such (B), such amount as the Secretary deter- ‘‘(A) EXPENDITURES LIMITED TO COVERAGE Act (42 U.S.C. 1397ee(g)(1)(A)) is amended by mines will eliminate the estimated shortfall FOR POPULATIONS ELIGIBLE ON OCTOBER 1, striking ‘‘or 2005’’ and inserting ‘‘2005, 2006, described in such subparagraph for such 2006.—A State shall use amounts redistrib- or 2007’’. State for the month. uted under this subsection only for expendi- (c) REPORT TO CONGRESS.—Not later than ‘‘(B) SHORTFALL STATE DESCRIBED.—For tures for providing child health assistance or April 30, 2007, the Secretary of Health and purposes of this paragraph, a shortfall State other health benefits coverage for popu- Human Services shall submit a report to the described in this subparagraph is a State lations eligible for such assistance or bene- Committee on Energy and Commerce of the with a State child health plan approved fits under the State child health plan (in- House of Representatives and the Committee under this title for which the Secretary esti- cluding under a waiver of such plan) on Octo- on Finance of the Senate regarding the mates, subject to paragraph (4)(B) and on a ber 1, 2006. amounts redistributed to States under sec- monthly basis using the most recent data ‘‘(B) REGULAR FMAP FOR EXPENDITURES FOR tion 2104 of the Social Security Act to reduce available to the Secretary as of March 31, COVERAGE OF NONCHILD POPULATIONS.—To the funding shortfalls for the State Children’s 2007, that the projected expenditures under extent a State uses amounts redistributed Health Insurance Program (SCHIP) for fiscal such plan for such State for fiscal year 2007 under this subsection for expenditures for year 2007. Such report shall include descrip- will exceed the sum of— providing child health assistance or other tions and analyses of— ‘‘(i) the amount of the State’s allotments health benefits coverage to an individual (1) the extent to which such redistributed for each of fiscal years 2005 and 2006 that was who is not a child or a pregnant woman, the amounts have reduced or eliminated such not expended by the end of fiscal year 2006; Federal medical assistance percentage (as shortfalls on the basis of reports by States ‘‘(ii) the amount, if any, that is to be redis- defined in the first sentence of section submitted to the Secretary as of April 1, tributed to the State in accordance with 1905(b)) applicable to the State for the fiscal 2007; and paragraph (1); and year shall apply to such expenditures for (2) the effect of the redistribution and lim- ‘‘(iii) the amount of the State’s allotment purposes of making payments to the State ited availability of unexpended fiscal year for fiscal year 2007. under subsection (a) of section 2105 from 2005 allotments under such program on the ‘‘(C) FUNDS REDISTRIBUTED IN THE ORDER IN such amounts. States described in section 2104(h)(3)(B) of WHICH STATES REALIZE FUNDING SHORT- ‘‘(5) RETROSPECTIVE ADJUSTMENT.— the Social Security Act (42 U.S.C.

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00154 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11801 1397dd(h)(3)(B)) on the basis of reports by research results to the remediation of former (1) the residents of buildings in which such States submitted to the Secretary as of such methamphetamine laboratories. laboratories are, or were, located, with par- date. (2) ADOPTION.—The Administrator shall ticular emphasis given to biological impacts work with State and local governments and on children; and other relevant non-Federal agencies and or- (2) first responders. MITH SA 5239. Mr. FRIST (for Mr. S ) ganizations, including through the con- (c) REPORT.—Not later than 90 days after proposed an amendment to the bill ference described in section 5, to promote the date of completion of the study, the Ad- H.R. 798, to provide for a research pro- and encourage the appropriate adoption of ministrator shall submit to Congress a re- gram for remediation of closed meth- the voluntary guidelines. port describing the manner in which the Ad- amphetamine production laboratories, (d) UPDATING THE GUIDELINES.—The Admin- ministrator will use the results of the study and for other purposes; as follows: istrator shall periodically update the vol- to carry out the activities described in sec- untary guidelines as the Administrator, in tions 3 and 4. Strike all after the enacting clause and in- consultation with States and other inter- sert the following: SEC. 7. METHAMPHETAMINE DETECTION RE- ested parties, determines to be appropriate SEARCH AND DEVELOPMENT PRO- SECTION 1. SHORT TITLE. to incorporate research findings and other GRAM. This Act may be cited as the ‘‘Meth- new knowledge. The Director of National Institute of amphetamine Remediation Research Act of SEC. 4. RESEARCH PROGRAM. Standards and Technology, in consultation 2006’’. (a) IN GENERAL.—The Administrator shall with the Administrator, shall support a re- SEC. 2. FINDINGS. establish a program of research to support search program to develop— Congress finds that— the development and revision of the vol- (1) new methamphetamine detection tech- (1) methamphetamine use and production untary guidelines described in section 3. nologies, with emphasis on field test kits and is growing rapidly throughout the United (b) RESEARCH.—The research shall— site detection; and States; (1) identify methamphetamine laboratory- (2) appropriate standard reference mate- (2) some materials and chemical residues related chemicals of concern; rials and validation procedures for meth- remaining from the production of meth- (2) assess the types and levels of exposure amphetamine detection testing. amphetamine pose novel environmental to chemicals of concern identified under SEC. 8. SAVINGS CLAUSE. problems in locations in which methamphet- paragraph (1), including routine and acci- Nothing in this Act modifies or otherwise amine laboratories have been closed; dental exposures, that may present a signifi- affects the regulatory authority of the Envi- (3) there has been little standardization of cant risk of adverse biological effects; ronmental Protection Agency. measures for determining when the site of a (3) identify the research efforts necessary SEC. 9. AUTHORIZATION OF APPROPRIATIONS. former methamphetamine laboratory has to better address biological effects and to (a) ENVIRONMENTAL PROTECTION AGENCY.— been successfully remediated; minimize adverse human exposures; There is authorized to be appropriated to the (4)(A) initial cleanup actions are generally (4) evaluate the performance of various Administrator to carry out this Act $1,750,000 limited to removal of hazardous substances methamphetamine laboratory cleanup and for each of fiscal years 2007 and 2008. and contaminated materials that pose an im- remediation techniques; and (b) NATIONAL INSTITUTE OF STANDARDS AND mediate threat to public health or the envi- (5) support other research priorities identi- TECHNOLOGY.—There is authorized to be ap- ronment; and fied by the Administrator, in consultation propriated to the Director of the National (B) it is not uncommon for significant lev- with States and other interested parties. Institute of Standards and Technology to els of contamination to be found throughout SEC. 5. TECHNOLOGY TRANSFER CONFERENCE. carry out this Act $750,000 for each of fiscal residential structures in which methamphet- (a) CONFERENCE.— years 2007 and 2008. amine has been manufactured, partially be- (1) IN GENERAL.—Not later than 180 days cause of a lack of knowledge of how to after the date of enactment of this Act and SA 5240. Mr. SPECTER submitted an achieve an effective cleanup; at least every third year thereafter, the Ad- (5)(A) data on methamphetamine labora- amendment intended to be proposed by ministrator shall convene a conference of ap- him to the bill S. 4055, to address the tory-related contaminants of concern are propriate State agencies, individuals, and or- very limited; ganizations involved in research and other effect of the death of a defendant in (B) uniform cleanup standards do not exist; activities directly relating to the environ- Federal criminal proceedings; which and mental or biological impacts of former meth- was referred to the Committee on the (C) procedures for sampling and analysis of amphetamine laboratories. Judiciary; as follows: contaminants need to be researched and de- (2) FORUM.—The conference should be a At the appropriate place add the following: veloped; and forum for— Section 296 of title 28, United States Code, (6) many States are struggling with estab- (A) the Administrator to provide informa- is amended lishing assessment and remediation guide- tion on the guidelines developed under sec- ‘‘However a senior judge designated and as- lines and programs to address the rapidly ex- tion 3 and on the latest findings from the resigned to the court to which he was ap- panding number of methamphetamine lab- search program described in section 4; and pointed shall have all the powers of a judge oratories being closed each year. (B) non-Federal participants to provide in- of that court, including participation in ap- SEC. 3. VOLUNTARY GUIDELINES. formation on the problems and needs of pointment of court officers, magistrates (a) ESTABLISHMENT OF VOLUNTARY GUIDE- States and localities and their experience rulemaking, governance, and administrative LINES.—Not later than 1 year after the date with guidelines developed under section 3. matters.’’ (b) REPORT.— of enactment of this Act, the Administrator SEC. 44. SENIOR JUDGE PARTICIPATION IN THE of the Environmental Protection Agency (re- (1) IN GENERAL.—Not later than 90 days SELECTION OF MAGISTRATES. ferred to in this Act as the ‘‘Adminis- after the date of each conference, the Admin- Section 631(a) of title 28, United States trator’’), in consultation with the National istrator shall submit to Congress a report Code, is amended by striking ‘‘Northern Mar- Institute of Standards and Technology, shall that summarizes the proceedings of the con- iana Islands’’ the first place it appears and establish voluntary guidelines, based on the ference, including a summary of any rec- inserting ‘‘Northern Mariana Islands (includ- best available scientific knowledge, for the ommendations or concerns raised by the ing any judge in regular active service and remediation of former methamphetamine non-Federal participants in that conference any judge who has retired from regular ac- laboratories, including guidelines regarding and how the Administrator intends to re- tive service under Section 371(b) of this title preliminary site assessment and the remedi- spond to the recommendations or concerns. if such judge is designated and assigned to ation of residual contaminants. (2) PUBLIC AVAILABILITY.—The Adminis- the court to which such judge was appointed. (b) CONSIDERATIONS.—In developing the trator shall make each report widely avail- voluntary guidelines under subsection (a), able to the general public. f the Administrator shall consider, at a min- SEC. 6. RESIDUAL EFFECTS STUDY. PRIVILEGES OF THE FLOOR imum— (a) STUDY.—Not later than 180 days after (1) relevant standards, guidelines, and re- the date of enactment of this Act, the Ad- Mr. BAUCUS. Mr. President, I ask quirements found in Federal, State, and ministrator shall offer to enter into an ar- unanimous consent that the following local laws (including regulations); rangement with the National Academy of fellows, law clerks, and interns of the (2) the varying types and locations of Sciences under which the National Academy staff of the Finance Committee be former methamphetamine laboratories; and of Sciences shall conduct a study of the sta- granted the privilege of the floor for (3) the expected cost of carrying out any tus and quality of research on the residual the duration of the debate on tax ex- proposed guidelines. effects of methamphetamine laboratories. tenders. David Ashner, Mary Baker, (c) STATES.— (b) CONTENT.—The study shall identify re- Robin Burgess, Leona Cuttler, Tory (1) IN GENERAL.—The voluntary guidelines search gaps and recommend an agenda for should be designed to assist State and local the research program described in section 4, Cyr, Susan Douglas, Christal Edwards, governments in the development and the im- with particular attention to the need for re- Peggy Hathaway, Diedra Henry-Spires, plementation of legislation and other poli- search on the impacts of methamphetamine John Lageson, Richard Litsey, Tom cies to apply state-of-the-art knowledge and laboratories on— Louthan, Mary Lisa Madell, David

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00155 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11802 CONGRESSIONAL RECORD — SENATE December 8, 2006 Schwartz, Stuart Sirkin, Brett Obviously, the Federal Government did lish appropriate cleanup levels, address Youngerman, and Martin Soebel. not create over 200 new governments in sampling activities in the residences, The PRESIDING OFFICER (Mr. EN- Alaska by this action. Tribes such as training and certification for response SIGN). Without objection, it is so or- these do not exercise any governmental workers, and use of personal protective dered. powers and, consequently, do not have equipment. f the authority to arrest, prosecute, or There is a need for regulations and a punish individuals. In several other Federal cleanup standard, in addition METHAMPHETAMINE REMEDI- States, although tribes were preserved to voluntary guidelines, because of the ATION RESEARCH ACT OF 2005 as separate jurisdictions when their nature and abundance of waste pro- Mr. FRIST. Mr. President, I ask surrounding States entered the Union, duced from meth labs. Many of the unanimous consent that the Com- and they enjoyed criminal law enforce- chemicals and wastes often associated mittee on Environment and Public ment powers for many years therewith meth production are considered Works be discharged from further con- after, those tribes were later divested hazardous wastes under the Resource sideration of H.R. 798 and the Senate of criminal jurisdiction by Public Law Conservation and Recovery Act, or proceed to its immediate consider- 280. That law transferred criminal ju- RCRA. Some of these wastes are classi- ation. risdiction from tribes to State and fied under RCRA as ‘‘characteristic’’ The PRESIDING OFFICER. Without local governments in the several States waste, meaning that they are ignitable. objection, it is so ordered. identified in that law or that later Other wastes produced by the manufac- The clerk will report the bill by title. opted into its provisions. Again, be- ture of meth are regulated in other sec- The assistant legislative clerk read cause tribes in Public Law 280 States tions of law, such as the solvents and as follows: no longer have criminal jurisdiction, other chemicals used in the purifi- A bill (H.R. 798) to provide for a research they cannot arrest, prosecute, or pun- cation process. program for remediation of closed meth- ish individuals for crimes. The reason companion regulation is amphetamine production laboratories, and Arguably, the Justice Department needed is meth’s toxicity. One pound of for other purposes. would have been aware of these issues manufactured meth produces 5 pounds There being no objection, the Senate and would have only awarded grants to of waste. Chemicals used in meth pro- proceeded to consider the bill. tribes that exercise criminal jurisdic- duction cause breathing problems, skin Mr. SESSIONS. Mr. President, I tion. These issues, however, are more irritation, headaches, damage to the would like to say a few words about the in the expertise of the Department of central nervous system, and, in some pending passage of the Native Amer- the Interior than the Justice Depart- cases, death. Meth waste is typically ican Methamphetamine Enforcement ment, and there have been reports that dumped on the ground or down drains, and Treatment Act of 2006. Section 2 of some law enforcement grants were in- which contaminates drain fields, soils the act authorizes Indian tribes to re- appropriately awarded to nongovern- and surface waters. Cleanup usually in- ceive grants under section 2996(a) of mental tribes in the 1990s. The lan- volves the removal and disposal of the Omnibus Crime Control and Safe guage added by new paragraph 2(a)(4) of wastes and the ventilation and plumb- Streets Act in order to address the the act serves as a reminder to the Jus- ing systems. scourge of methamphetamine. I strong- tice Department to first verify that a Several States have already devel- ly support aiding Indian tribes in their tribe exercises law enforcement powers oped standards and regulations for efforts to combat the methamphet- before awarding a grant to the tribe cleanup and for determining if a meth- amine epidemic in Indian country. under paragraph 3793cc(3)(A). When a contaminated property is ‘‘clean.’’ Or- Members of the steering committee, tribe applies for such a grant, the De- egon’s level is 0.5 micrograms per which I chair, expressed concern about partment must first determine whether square foot. And the State of Ten- one part of the original bill—a concern the tribe exercise law enforcement nessee has set a level that is 0.1 that I am pleased to announce will be powers. It must ask, was the tribe pre- microgram per hundred square centi- addressed by the substitute amend- served as a separate jurisdiction when meters. EPA should follow suit. ment. its surrounding State was admitted to Ten years ago, EPA developed exten- Part of the bill authorizes tribes to the Union, and is the tribe subject to sive regulations for the remediation of receive grants, under 42 U.S.C. Public Law 280? Only if the answer to lead based paint waste. Waste from 3793cc(a)(3)(A), to ‘‘investigate, arrest the first question is yes and the second meth labs appears to present a more and prosecute individuals violating is no is the tribe eligible to receive immediate public safety concern. EPA laws related to the use, manufacture, grants under paragraph 3793cc(3)(A). should develop the same type of com- or sale of methamphetamine.’’ The (At the request of Mr. REID, the fol- prehensive regulations to address sam- problem was that the bill originally ap- lowing statement was ordered to be pling and worker protection, and peared to authorize any tribe, without printed in the RECORD.) should do all it can to assist our com- limitation, to receive these grants— ∑ Mr. JEFFORDS. Mr. President, munities in these efforts.∑ grants that can only be used for law today the Senate is acting on H.R. 798 Mr. FRIST. Mr. President, I ask enforcement activities. Permitting Methamphetamine Remediation Re- unanimous consent that the amend- these grants to all tribes would not search Act, with an amendment devel- ment at the desk be agreed to, the bill, have been appropriate, since many oped by the Senator from Oregon, Mr. as amended, be read a third time and tribes—indeed, perhaps a majority of SMITH. This legislation is designed to passed, the motion to reconsider be the officially recognized tribes in this assist communities perform prelimi- laid upon the table, and that any state- country—do not have any criminal ju- nary site assessments and remediate ments relating to the measure be print- risdiction. Many officially recognized former methamphetamine, or meth, ed in the RECORD. tribes, for example, were only recog- labs. The PRESIDING OFFICER. Without nized long after their States were ad- The bill requires the Environmental objection, it is so ordered. mitted to the Union or only received Protection Agency, or EPA, to develop The amendment (No. 5239) was agreed land from the Federal government long voluntary guidelines for communities to, as follows: after that land had become part of a engaged in meth remediation activi- State and State jurisdiction had at- ties. The guidelines would help commu- Strike all after the enacting clause and in- tached to it. Although these tribes may nities identify contaminants from sert the following: receive Federal services, their recogni- meth labs and establish appropriate SECTION 1. SHORT TITLE. tion or receipt of land did not divest cleanup levels. In implementing this This Act may be cited as the ‘‘Meth- amphetamine Remediation Research Act of the State of its jurisdiction or bring legislation, it is my hope that the EPA 2006’’. into being a new government within should also issue companion regula- SEC. 2. FINDINGS. the State. Nearly half of the recognized tions that would assist communities in Congress finds that— tribes in the United States, for exam- implementing these voluntary guide- (1) methamphetamine use and production ple, are in the State of Alaska, and lines. These regulations should identify is growing rapidly throughout the United were first recognized in the early 1990s. contaminants from meth labs, estab- States;

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00156 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11803 (2) some materials and chemical residues (2) assess the types and levels of exposure SEC. 8. SAVINGS CLAUSE. remaining from the production of meth- to chemicals of concern identified under Nothing in this Act modifies or otherwise amphetamine pose novel environmental paragraph (1), including routine and acci- affects the regulatory authority of the Envi- problems in locations in which methamphet- dental exposures, that may present a signifi- ronmental Protection Agency. amine laboratories have been closed; cant risk of adverse biological effects; SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (3) there has been little standardization of (3) identify the research efforts necessary (a) ENVIRONMENTAL PROTECTION AGENCY.— measures for determining when the site of a to better address biological effects and to There is authorized to be appropriated to the former methamphetamine laboratory has minimize adverse human exposures; Administrator to carry out this Act $1,750,000 been successfully remediated; (4) evaluate the performance of various for each of fiscal years 2007 and 2008. (4)(A) initial cleanup actions are generally methamphetamine laboratory cleanup and (b) NATIONAL INSTITUTE OF STANDARDS AND limited to removal of hazardous substances remediation techniques; and TECHNOLOGY.—There is authorized to be ap- and contaminated materials that pose an im- (5) support other research priorities identi- propriated to the Director of the National mediate threat to public health or the envi- fied by the Administrator, in consultation Institute of Standards and Technology to ronment; and with States and other interested parties. carry out this Act $750,000 for each of fiscal (B) it is not uncommon for significant lev- SEC. 5. TECHNOLOGY TRANSFER CONFERENCE. years 2007 and 2008. els of contamination to be found throughout (a) CONFERENCE.— The amendment was ordered to be residential structures in which methamphet- (1) IN GENERAL.—Not later than 180 days amine has been manufactured, partially be- after the date of enactment of this Act and engrossed and the bill to be read a cause of a lack of knowledge of how to at least every third year thereafter, the Ad- third time. achieve an effective cleanup; ministrator shall convene a conference of ap- The bill (H.R. 798), as amended, was (5)(A) data on methamphetamine labora- propriate State agencies, individuals, and or- read the third time and passed. tory-related contaminants of concern are ganizations involved in research and other f very limited; activities directly relating to the environ- (B) uniform cleanup standards do not exist; mental or biological impacts of former meth- VETERANS BENEFITS, HEALTH and amphetamine laboratories. CARE, AND INFORMATION TECH- (C) procedures for sampling and analysis of (2) FORUM.—The conference should be a NOLOGY ACT OF 2006 contaminants need to be researched and de- forum for— veloped; and (A) the Administrator to provide informa- Mr. FRIST. Mr. President, I ask the (6) many States are struggling with estab- tion on the guidelines developed under sec- Chair lay before the Senate a message lishing assessment and remediation guide- tion 3 and on the latest findings from the re- from the House of Representatives on lines and programs to address the rapidly ex- search program described in section 4; and the bill (S. 3421) to authorize major panding number of methamphetamine lab- (B) non-Federal participants to provide in- medical facility projects and major oratories being closed each year. formation on the problems and needs of medical facility leases for the Depart- SEC. 3. VOLUNTARY GUIDELINES. States and localities and their experience ment of Veterans Affairs for fiscal (a) ESTABLISHMENT OF VOLUNTARY GUIDE- with guidelines developed under section 3. LINES.—Not later than 1 year after the date (b) REPORT.— years 2006 and 2007, and for other pur- of enactment of this Act, the Administrator (1) IN GENERAL.—Not later than 90 days poses. of the Environmental Protection Agency (re- after the date of each conference, the Admin- The PRESIDING OFFICER laid be- ferred to in this Act as the ‘‘Adminis- istrator shall submit to Congress a report fore the Senate the following message trator’’), in consultation with the National that summarizes the proceedings of the con- from the House of Representatives: Institute of Standards and Technology, shall ference, including a summary of any rec- S. 3421 establish voluntary guidelines, based on the ommendations or concerns raised by the best available scientific knowledge, for the non-Federal participants in that conference Resolved, That the bill from the Senate (S. remediation of former methamphetamine and how the Administrator intends to re- 3421) entitled ‘‘An Act to authorize major laboratories, including guidelines regarding spond to the recommendations or concerns. medical facility projects and major medical preliminary site assessment and the remedi- (2) PUBLIC AVAILABILITY.—The Adminis- facility leases for the Department of Vet- ation of residual contaminants. trator shall make each report widely avail- erans Affairs for fiscal years 2006 and 2007, (b) CONSIDERATIONS.—In developing the able to the general public. and for other purposes’’, do pass with the fol- voluntary guidelines under subsection (a), SEC. 6. RESIDUAL EFFECTS STUDY. lowing amendments: the Administrator shall consider, at a min- (a) STUDY.—Not later than 180 days after Strike out all after the enacting clause and imum— the date of enactment of this Act, the Ad- insert: (1) relevant standards, guidelines, and re- ministrator shall offer to enter into an ar- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. quirements found in Federal, State, and rangement with the National Academy of (a) SHORT TITLE.—This Act may be cited as local laws (including regulations); Sciences under which the National Academy the ‘‘Veterans Benefits, Health Care, and Infor- (2) the varying types and locations of of Sciences shall conduct a study of the sta- mation Technology Act of 2006’’. former methamphetamine laboratories; and tus and quality of research on the residual (b) TABLE OF CONTENTS.—The table of con- (3) the expected cost of carrying out any effects of methamphetamine laboratories. tents for this Act is as follows: proposed guidelines. (b) CONTENT.—The study shall identify re- Sec. 1. Short title; table of contents. (c) STATES.— search gaps and recommend an agenda for Sec. 2. References to title 38, United States (1) IN GENERAL.—The voluntary guidelines the research program described in section 4, should be designed to assist State and local with particular attention to the need for re- Code. governments in the development and the im- search on the impacts of methamphetamine TITLE I—ATTORNEY REPRESENTATION plementation of legislation and other poli- laboratories on— MATTERS cies to apply state-of-the-art knowledge and (1) the residents of buildings in which such Sec. 101. Agent or attorney representation in research results to the remediation of former laboratories are, or were, located, with par- veterans benefits cases before the methamphetamine laboratories. ticular emphasis given to biological impacts Department of Veterans Affairs. (2) ADOPTION.—The Administrator shall on children; and TITLE II—HEALTH MATTERS work with State and local governments and (2) first responders. other relevant non-Federal agencies and or- (c) REPORT.—Not later than 90 days after Sec. 201. Additional mental health providers. ganizations, including through the con- the date of completion of the study, the Ad- Sec. 202. Pay comparability for the Chief Nurs- ference described in section 5, to promote ministrator shall submit to Congress a re- ing Officer, Office of Nursing and encourage the appropriate adoption of port describing the manner in which the Ad- Services. the voluntary guidelines. ministrator will use the results of the study Sec. 203. Improvement and expansion of mental (d) UPDATING THE GUIDELINES.—The Admin- to carry out the activities described in sec- health services. istrator shall periodically update the vol- tions 3 and 4. Sec. 204. Disclosure of medical records. untary guidelines as the Administrator, in SEC. 7. METHAMPHETAMINE DETECTION RE- Sec. 205. Expansion of telehealth services. consultation with States and other inter- SEARCH AND DEVELOPMENT PRO- Sec. 206. Strategic plan for long-term care. ested parties, determines to be appropriate GRAM. Sec. 207. Blind rehabilitation outpatient spe- to incorporate research findings and other The Director of National Institute of cialists. new knowledge. Standards and Technology, in consultation Sec. 208. Extension of certain compliance re- SEC. 4. RESEARCH PROGRAM. with the Administrator, shall support a reports. (a) IN GENERAL.—The Administrator shall search program to develop— Sec. 209. Parkinson’s Disease research, edu- establish a program of research to support (1) new methamphetamine detection tech- cation, and clinical centers and the development and revision of the vol- nologies, with emphasis on field test kits and multiple sclerosis centers of excel- untary guidelines described in section 3. site detection; and lence. (b) RESEARCH.—The research shall— (2) appropriate standard reference mate- Sec. 210. Repeal of term of office for the Under (1) identify methamphetamine laboratory- rials and validation procedures for meth- Secretary for Health and the related chemicals of concern; amphetamine detection testing. Under Secretary for Benefits.

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00157 Fmt 4624 Sfmt 6343 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11804 CONGRESSIONAL RECORD — SENATE December 8, 2006 Sec. 211. Modifications to State home authori- Sec. 702. Sense of Congress on the response of Sec. 1005. Codification of cost-of-living adjust- ties. the Federal Government to the ment provided in Public Law 109– Sec. 212. Office of Rural Health. needs of homeless veterans. 361. Sec. 213. Outreach program to veterans in rural Sec. 703. Authority to make grants for com- Sec. 1006. Coordination of provisions with Vet- areas. prehensive service programs for erans Programs Extension Act of Sec. 214. Pilot program on improvement of care- homeless veterans. 2006. giver assistance services. Sec. 704. Extension of treatment and rehabilita- SEC. 2. REFERENCES TO TITLE 38, UNITED Sec. 215. Expansion of outreach activities of Vet tion for seriously mentally ill and STATES CODE. Centers. homeless veterans. Except as otherwise expressly provided, when- Sec. 216. Clarification and enhancement of be- Sec. 705. Extension of authority for transfer of ever in this Act an amendment or repeal is ex- reavement counseling. properties obtained through fore- pressed in terms of an amendment to, or repeal Sec. 217. Funding for Vet Center program. closure of home mortgages. of, a section or other provision, the reference TITLE III—EDUCATION MATTERS Sec. 706. Extension of funding for grant pro- shall be considered to be made to a section or Sec. 301. Expansion of eligibility for Survivors’ gram for homeless veterans with other provision of title 38, United States Code. special needs. and Dependents’ Educational As- TITLE I—ATTORNEY REPRESENTATION Sec. 707. Extension of funding for homeless vet- sistance program. MATTERS Sec. 302. Restoration of lost entitlement for in- eran service provider technical as- dividuals who discontinue a pro- sistance program. SEC. 101. AGENT OR ATTORNEY REPRESENTA- Sec. 708. Additional element in annual report TION IN VETERANS BENEFITS CASES gram of education because of BEFORE THE DEPARTMENT OF VET- being ordered to full-time Na- on assistance to homeless vet- ERANS AFFAIRS. erans. tional Guard duty. (a) QUALIFICATIONS AND STANDARDS OF CON- Sec. 709. Advisory Committee on Homeless Vet- Sec. 303. Exception for institutions offering DUCT FOR INDIVIDUALS RECOGNIZED AS AGENTS erans. Government-sponsored nonaccred- OR ATTORNEYS.— Sec. 710. Rental assistance vouchers for Vet- ited courses to requirement of re- (1) ADDITIONAL QUALIFICATIONS AND STAND- erans Affairs supported housing funding unused tuition. ARDS FOR AGENTS AND ATTORNEYS GENERALLY.— program. Sec. 304. Extension of work-study allowance. Subsection (a) of section 5904 is amended— Sec. 305. Deadline and extension of requirement TITLE VIII—CONSTRUCTION MATTERS (A) by inserting ‘‘RECOGNITION.—(1)’’ after for report on educational assist- Subtitle A—Construction and Lease Authorities ‘‘(a)’’; ance program. (B) by striking ‘‘The Secretary may recog- Sec. 306. Report on improvement in administra- Sec. 801. Authorization of fiscal year 2006 major medical facility projects. nize’’ and inserting ‘‘Except as provided in tion of educational assistance paragraph (4), the Secretary may recognize’’; benefits. Sec. 802. Extension of authorization for certain major medical facility construc- (C) by striking the second sentence; and Sec. 307. Technical amendments relating to edu- (D) by adding at the end the following new cation laws. tion projects previously authorized in connection with Capital paragraphs: TITLE IV—NATIONAL CEMETERY AND Asset Realignment Initiative. ‘‘(2) The Secretary shall prescribe in regula- MEMORIAL AFFAIRS MATTERS Sec. 803. Authorization of fiscal year 2007 major tions (consistent with the Model Rules of Profes- Sec. 401. Provision of Government memorial medical facility projects. sional Conduct of the American Bar Associa- headstones or markers and memo- Sec. 804. Authorization of advance planning tion) qualifications and standards of conduct rial inscriptions for deceased de- and design for a major medical fa- for individuals recognized under this section, in- pendent children of veterans cility, Charleston, South Caro- cluding a requirement that, as a condition of whose remains are unavailable for lina. being so recognized, an individual must— burial. Sec. 805. Authorization of fiscal year 2006 major ‘‘(A) show that such individual is of good Sec. 402. Provision of Government markers for medical facility leases. moral character and in good repute, is qualified marked graves of veterans at pri- Sec. 806. Authorization of fiscal year 2007 major to render claimants valuable service, and is oth- vate cemeteries. medical facility leases. erwise competent to assist claimants in pre- Sec. 403. Eligibility of Indian tribal organiza- Sec. 807. Authorization of appropriations. senting claims; tions for grants for the establish- ‘‘(B) have such level of experience or special- Subtitle B—Facilities Administration ment of veterans cemeteries on ized training as the Secretary shall specify; and trust lands. Sec. 811. Director of Construction and Facilities ‘‘(C) certify to the Secretary that the indi- Sec. 404. Removal of remains of Russell Wayne Management. vidual has satisfied any qualifications and Wagner from Arlington National Sec. 812. Increase in threshold for major med- standards prescribed by the Secretary under this Cemetery. ical facility projects. section. Sec. 813. Land conveyance, city of Fort Thom- TITLE V—HOUSING AND SMALL BUSINESS ‘‘(3) The Secretary shall prescribe in regula- as, Kentucky. MATTERS tions requirements that each agent or attorney Subtitle C—Reports on Medical Facility Sec. 501. Residential cooperative housing units. recognized under this section provide annually Sec. 502. Department of Veterans Affairs goals Improvements to the Secretary information about any court, for participation by small busi- Sec. 821. Report on option for medical facility bar, or Federal or State agency to which such nesses owned and controlled by improvements in San Juan, Puerto agent or attorney is admitted to practice or oth- veterans in procurement con- Rico. erwise authorized to appear, any relevant iden- tracts. Sec. 822. Business plans for enhanced access to tification number or numbers, and a certifi- Sec. 503. Department of Veterans Affairs con- outpatient care in certain rural cation by such agent or attorney that such tracting priority for veteran- areas. agent or attorney is in good standing in every owned small businesses. Sec. 823. Report on option for construction of jurisdiction where the agent or attorney is admitted to practice or otherwise authorized to ap- TITLE VI—EMPLOYMENT AND TRAINING Department of Veterans Affairs pear. MATTERS Medical Center in Okaloosa County, Florida. ‘‘(4) The Secretary may not recognize an indi- Sec. 601. Training of new disabled veterans’ vidual as an agent or attorney under paragraph outreach program specialists and TITLE IX—INFORMATION SECURITY MATTERS (1) if such individual has been suspended or dis- local veterans’ employment rep- barred by any court, bar, or Federal or State resentatives by NVTI required. Sec. 901. Short title. agency to which the individual was previously Sec. 602. Rules for part-time employment for Sec. 902. Department of Veterans Affairs infor- admitted to practice and has not been subse- disabled veterans’ outreach pro- mation security programs and re- quently reinstated. gram specialists and local vet- quirements. ‘‘(5) The Secretary may prescribe in regula- Sec. 903. Information security education assist- erans’ employment representa- tions reasonable restrictions on the amount of ance programs. tives. fees that an agent or attorney may charge a Sec. 603. Performance incentive awards for em- TITLE X—OTHER MATTERS claimant for services rendered in the prepara- ployment service offices. Sec. 1001. Notice to congressional veterans com- tion, presentation, and prosecution of a claim Sec. 604. Demonstration project on mittees of certain transfers of before the Department. A fee that does not ex- credentialing and licensure of vet- funds. ceed 20 percent of the past due amount of bene- erans. Sec. 1002. Clarification of correctional facilities fits awarded on a claim shall be presumed to be Sec. 605. Department of Labor implementation covered by certain provisions of reasonable. of regulations for priority of serv- law. ‘‘(6)(A) The Secretary may charge and collect ice. Sec. 1003. Extension of authority for health an assessment from an individual recognized as TITLE VII—HOMELESS VETERANS care for participation in DOD an agent or attorney under this section in any ASSISTANCE chemical and biological warfare case in which the Secretary pays to the agent or Sec. 701. Reaffirmation of national goal to end testing. attorney, from past-due benefits owed to a homelessness among veterans. Sec. 1004. Technical and clerical amendments. claimant represented by the agent or attorney,

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an amount as a fee in accordance with a fee ar- (B) by striking the second sentence; and (i) LIMITATION ON COLLECTION OF FEE ASSESS- rangement between the claimant and the agent (C) in the third sentence, by inserting ‘‘fees MENT.—No assessments on fees may be collected or attorney. charged, allowed, or paid for’’ before ‘‘services under paragraph (6) of section 5904(a) of title ‘‘(B) The amount of an assessment under sub- provided’’. 38, United States Code (as added by subsection paragraph (A) shall be equal to five percent of (2) REPORT.—Not later than 42 months after (a)(1)(D) of this section), until the date on the amount of the fee required to be paid to the the date of the enactment of this Act, the Sec- which the Secretary of Veterans Affairs pre- agent or attorney, except that the amount of retary of Veterans Affairs shall submit to Con- scribes the regulations required by the amend- such an assessment may not exceed $100. gress a report that sets forth an assessment of ments made by this section. the effects of allowing agents and attorneys rec- ‘‘(C) The Secretary may collect an assessment TITLE II—HEALTH MATTERS under subparagraph (A) by offsetting the ognized under section 5904 of title 38, United amount of the fee otherwise required to be paid States Code, to charge a fee to a claimant for SEC. 201. ADDITIONAL MENTAL HEALTH PRO- VIDERS. to the agent or attorney from the past-due bene- services rendered in the preparation, presen- (a) APPOINTMENTS.—Section 7401(3) is amend- fits owed to the claimant represented by the tation, and prosecution of a claim before the De- ed by inserting after ‘‘social workers,’’ the fol- agent or attorney. partment of Veterans Affairs after a notice of ‘‘(D) An agent or attorney who is charged an disagreement has been filed. Such report shall lowing: ‘‘marriage and family therapists, li- assessment under subparagraph (A) may not, di- include the recommendations of the Secretary censed professional mental health counselors,’’. (b) QUALIFICATIONS.—Section 7402(b) is rectly or indirectly, request, receive, or obtain with respect to agent and attorney representa- amended— reimbursement for such assessment from the tion. (1) by redesignating paragraph (10) as para- claimant represented by the agent or attorney. (d) MODIFICATION OF REQUIREMENTS TO FILE ‘‘(E) Amounts collected under this paragraph ATTORNEY FEE AGREEMENTS.—Effective as pro- graph (12); and shall be deposited in the account available for vided in subsection (h), paragraph (2) of sub- (2) by inserting after paragraph (9) the fol- administrative expenses for veterans’ benefits section (c) of such section is amended— lowing new paragraphs: ‘‘(10) MARRIAGE AND FAMILY THERAPIST.—To programs. Amounts so deposited shall be merged (1) by striking ‘‘after the Board first makes a be eligible to be appointed to a marriage and with amounts in such account and shall be final decision in the case’’ and inserting ‘‘after family therapist position, a person must— available for the same purpose, and subject to a notice of disagreement is filed with respect to ‘‘(A) hold a master’s degree in marriage and the same conditions and limitations, as amounts the case’’; family therapy, or a comparable degree in men- otherwise in such account.’’. (2) by striking ‘‘with the Board at such time tal health, from a college or university approved (2) SUSPENSION OF RECOGNIZED REPRESENTA- as may be specified by the Board’’ and inserting by the Secretary; and TIVES OF VETERANS SERVICE ORGANIZATIONS.— ‘‘with the Secretary pursuant to regulations Section 5902(b) is amended— prescribed by the Secretary’’; and ‘‘(B) be licensed or certified to independently (A) by redesignating paragraphs (1) and (2) as (3) by striking the second and third sentences. practice marriage and family therapy in a State, subparagraphs (A) and (B), respectively; (e) ATTORNEY FEES.—Subsection (c) of such except that the Secretary may waive the require- (B) by inserting ‘‘(1)’’ after ‘‘(b)’’; and section is further amended— ment of licensure or certification for an indi- (C) by adding at the end the following new (1) in paragraph (1), by striking ‘‘paragraph vidual marriage and family therapist for a rea- paragraph: (3)’’ and inserting ‘‘paragraph (4)’’; and sonable period of time recommended by the ‘‘(2) An individual recognized under this sec- (2) by redesignating paragraph (3) as para- Under Secretary for Health. tion shall be subject to the provisions of section graph (4); ‘‘(11) LICENSED PROFESSIONAL MENTAL (3) by inserting after paragraph (2) the fol- 5904(b) of this title on the same basis as an indi- HEALTH COUNSELOR.—To be eligible to be ap- lowing new paragraph (3): vidual recognized under section 5904(a) of this pointed to a licensed professional mental health ‘‘(3)(A) The Secretary may, upon the Sec- title.’’. counselor position, a person must— retary’s own motion or at the request of the (3) SUSPENSION OF INDIVIDUALS RECOGNIZED ‘‘(A) hold a master’s degree in mental health claimant, review a fee agreement filed pursuant FOR PARTICULAR CLAIMS.—Section 5903 is counseling, or a related field, from a college or to paragraph (2) and may order a reduction in amended— university approved by the Secretary; and the fee called for in the agreement if the Sec- (A) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘(B) be licensed or certified to independently retary finds that the fee is excessive or unrea- ‘‘The Secretary’’; and practice mental health counseling.’’. (B) by adding at the end the following new sonable. (c) REPORT ON MARRIAGE AND FAMILY THER- ‘‘(B) A finding or order of the Secretary under subsection: APY WORKLOAD.— subparagraph (A) may be reviewed by the Board ‘‘(b) SUSPENSION.—An individual recognized (1) IN GENERAL.—Not later than 90 days after of Veterans’ Appeals under section 7104 of this under this section shall be subject to the provi- the date of the enactment of this Act, the Under title. sions of section 5904(b) of this title on the same Secretary for Health of the Department of Vet- ‘‘(C) If the Secretary under subsection (b) sus- basis as an individual recognized under section erans Affairs shall submit to the Committee on pends or excludes from further practice before 5904(a) of this title.’’. Veterans’ Affairs of the Senate and the Com- the Department any agent or attorney who col- (b) ADDITIONAL BASES FOR SUSPENSION OF IN- mittee on Veterans’ Affairs of the House of Rep- lects or receives a fee in excess of the amount DIVIDUALS.—Subsection (b) of section 5904 is resentatives a report on the provision of treat- authorized under this section, the suspension amended— ment for post-traumatic stress disorder by marshall continue until the agent or attorney makes (1) by inserting ‘‘SUSPENSION OF AGENTS AND riage and family therapists employed by the De- full restitution to each claimant from whom the ATTORNEYS.—’’ after ‘‘(b)’’; partment of Veterans Affairs. agent or attorney collected or received an exces- (2) in paragraph (4), by striking ‘‘or’’ at the (2) CONTENTS.—The report submitted under sive fee. If the agent or attorney makes such res- end; paragraph (1) shall include the following: titution, the Secretary may reinstate such agent (3) in paragraph (5), by striking the period (A) The actual and projected workloads in fa- or attorney under such rules as the Secretary and inserting a semicolon; and cilities of the Veterans Readjustment Counseling (4) by adding at the end the following new may prescribe.’’. Service and the Veterans Health Administration (f) TECHNICAL AND CONFORMING AMEND- paragraphs: for the provision of marriage and family coun- MENTS.—Subsection (d) of such section is ‘‘(6) has presented to the Secretary a frivolous seling for veterans diagnosed with, or otherwise amended— claim, issue, or argument, involving conduct in- in need of treatment for, post-traumatic stress (1) by inserting ‘‘PAYMENT OF FEES OUT OF consistent with ethical standards for the prac- disorder. PAST-DUE BENEFITS.—’’ after ‘‘(d)’’; (B) The resources available and needed to tice of law; (2) by inserting ‘‘agent or’’ before ‘‘attorney’’ support the projected workload described in sub- ‘‘(7) has been suspended or disbarred by any each place it appears; court or bar to which such agent or attorney (3) in paragraph (1), by striking ‘‘of this subparagraph (A). was previously admitted to practice, or has been section’’ after ‘‘paragraph (2)’’; (C) An assessment by the Under Secretary for disqualified from participating in or appearing (4) in paragraph (2)(B), by striking ‘‘of this Health of the effectiveness of treatment for post- before any Federal agency, and has not been paragraph’’ after ‘‘subparagraph (A)’’; and traumatic stress disorder that is provided by subsequently reinstated; (5) in paragraph (3)— marriage and family therapists. ‘‘(8) has charged excessive or unreasonable (A) by striking ‘‘attorneys’ fee’’ and inserting (D) Recommendations, if any, for improve- fees, as determined by the Secretary in accord- ‘‘fee to an agent or attorney’’; and ments in the provision of such treatment by ance with subsection (c)(3)(A); or (B) by striking ‘‘of this subsection’’ after such therapists. ‘‘(9) has failed to comply with any other con- ‘‘paragraph (1)’’. SEC. 202. PAY COMPARABILITY FOR THE CHIEF dition specified in regulations prescribed by the (g) REPEAL OF PENALTY FOR CERTAIN ACTS.— NURSING OFFICER, OFFICE OF Secretary for purposes of this subsection.’’. Section 5905 is amended by striking ‘‘(1)’’ and NURSING SERVICES. (c) MODIFICATION OF DATE FOR COMMENCE- all that follows through ‘‘(2)’’. Section 7404 is amended— MENT OF SERVICES SUBJECT TO FEES.— (h) EFFECTIVE DATE.—The amendments made (1) in subsection (d), by striking ‘‘subchapter (1) MODIFICATION.—Effective as provided in by subsections (c)(1) and (d) shall take effect on III and in’’ and inserting ‘‘subsection (e), sub- subsection (h), paragraph (1) of subsection (c) of the date that is 180 days after the date of the chapter III, and’’; and such section is amended— enactment of this Act and shall apply with re- (2) by adding at the end the following new (A) by striking ‘‘the Board of Veterans’ Ap- spect to services of agents and attorneys that subsection: peals first makes a final decision in’’ and insert- are provided with respect to cases in which no- ‘‘(e) The position of Chief Nursing Officer, Of- ing ‘‘a notice of disagreement is filed with re- tices of disagreement are filed on or after that fice of Nursing Services, shall be exempt from spect to’’; date. the provisions of section 7451 of this title and

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00159 Fmt 4624 Sfmt 6333 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11806 CONGRESSIONAL RECORD — SENATE December 8, 2006 shall be paid at a rate determined by the Sec- ‘‘(ii) an entity that the Secretary has deter- (2) detailed information about geographic dis- retary, not to exceed the maximum rate estab- mined— tribution of services and gaps in care; and lished for the Senior Executive Service under ‘‘(I) is substantially similar in function, pro- (3) specific plans for working with Medicare, section 5382 of title 5.’’. fessionalism, and reliability to an organ pro- Medicaid, and private insurance companies to SEC. 203. IMPROVEMENT AND EXPANSION OF curement organization; and expand the availability of such care. MENTAL HEALTH SERVICES. ‘‘(II) should be treated for purposes of this SEC. 207. BLIND REHABILITATION OUTPATIENT (a) REQUIRED CAPACITY FOR COMMUNITY- subsection in the same manner as an organ pro- SPECIALISTS. BASED OUTPATIENT CLINICS.— curement organization. (a) FINDINGS.—Congress makes the following (1) IN GENERAL.—The Secretary of Veterans ‘‘(C) An individual described in this subpara- findings: Affairs shall ensure that each community-based graph is— (1) There are approximately 135,000 blind vet- outpatient clinic of the Department of Veterans ‘‘(i) a veteran; or erans throughout the United States, including Affairs has the capacity to provide, or monitor ‘‘(ii) a dependent of veteran. approximately 35,000 who are enrolled with the the provision of, mental health services to en- ‘‘(2) In this subsection, the term ‘organ pro- Department of Veterans Affairs. An aging vet- rolled veterans who, as determined by the Sec- curement organization’ has the meaning given eran population and injuries incurred in Oper- retary, are in need of such services. the term ‘qualified organ procurement organiza- ation Iraqi Freedom and Operation Enduring (2) SETTINGS.—In carrying out paragraph (1), tion’ in section 371(b) of the Public Health Serv- Freedom are increasing the number of blind vet- the Secretary shall ensure that mental health ice Act (42 U.S.C. 273(b)).’’. erans. (b) DISCLOSURES FROM CERTAIN MEDICAL services are provided through— (2) Since 1996, when the Department of Vet- (A) a community-based outpatient clinic of RECORDS.—Section 7332(b)(2) is amended by erans Affairs hired its first 14 blind rehabilita- the Department by an employee of the Depart- adding at the end the following new subpara- tion outpatient specialists (referred to in this ment; graph: section as ‘‘Specialists’’), Specialists have been a (B) referral to another facility of the Depart- ‘‘(E) To an entity described in paragraph critical part of the continuum of care for blind ment; (1)(B) of section 5701(k) of this title, but only to and visually impaired veterans. (C) contract with an appropriate mental the extent authorized by such section.’’. (3) The Department of Veterans Affairs oper- (c) DEADLINE FOR PRESCRIBING REGULA- health professional in the community; or ates 10 residential blind rehabilitation centers (D) telemental health services. TIONS.—The Secretary of Veterans Affairs shall that are considered among the best in the world. (b) CLINICAL TRAINING AND PROTOCOLS.— prescribe regulations under subsection (k) of These centers have had long waiting lists, with (1) COLLABORATION.—The National Center on section 5701 of title 38, United States Code, as as many as 1,500 blind veterans waiting for Post-Traumatic Stress Disorder of the Depart- added by subsection (a), not later than 180 days openings in 2004. ment of Veterans Affairs shall collaborate with after the date of the enactment of this Act. (4) Specialists provide— the Secretary of Defense— SEC. 205. EXPANSION OF TELEHEALTH SERVICES. (A) critically needed services to veterans who (A) to enhance the clinical skills of military (a) IN GENERAL.—The Secretary of Veterans are unable to attend residential centers or are clinicians on matters relating to post-traumatic Affairs shall increase the number of facilities of waiting to enter a residential center program; stress disorder through training, treatment pro- the Readjustment Counseling Service that are (B) a range of services for blind veterans, in- tocols, web-based interventions, and the devel- capable of providing health services and coun- cluding training with living skills, mobility, and opment of evidence-based interventions; and seling through telehealth linkages with facilities adaptation of manual skills; and (B) to promote pre-deployment resilience and of the Veterans Health Administration. (C) pre-admission screening and follow-up post-deployment readjustment among members (b) PLAN.—Not later than July 1, 2007, the care for blind rehabilitation centers. of the Armed Forces serving in Operation Iraqi Secretary shall submit to the Committee on Vet- (5) There are not enough Specialist positions Freedom and Operation Enduring Freedom. erans’ Affairs of the Senate and the Committee to meet the increased numbers and needs of (2) AUTHORIZATION OF APPROPRIATIONS.— on Veterans’ Affairs of the House of Representa- blind veterans. There are authorized to be appropriated for the tives a plan to implement the requirement in (b) ESTABLISHMENT OF ADDITIONAL SPECIALIST Department of Veterans Affairs for fiscal year subsection (a). The plan shall specify which fa- POSITIONS.—Not later than 30 months after the 2007 $2,000,000 to carry out this subsection. cilities of the Readjustment Counseling Service date of the enactment of this Act, the Secretary (c) MENTAL HEALTH OUTREACH.—The Sec- will have the capabilities described in subsection of Veterans Affairs shall establish an additional retary of Veterans Affairs shall— (a) as of the end of each of fiscal years 2007, Specialist position at not fewer than 35 addi- (1) develop additional educational materials 2008, and 2009. tional facilities of the Department of Veterans on post-traumatic stress disorder; and SEC. 206. STRATEGIC PLAN FOR LONG-TERM Affairs. (2) undertake additional efforts to educate CARE. (c) SELECTION OF FACILITIES.—In identifying veterans about post-traumatic stress disorder. (a) PUBLICATION.—Not later than 180 days the most appropriate facilities to receive a Spe- (d) REVIEW OF PTSD CLINICAL GUIDELINES.— after the date of the enactment of this Act, the cialist position under this section, the Secretary The Secretary of Veterans Affairs shall— Secretary of Veterans Affairs shall publish a shall— (1) review the clinical guidelines of the De- strategic plan for the provision of long-term care (1) give priority to facilities with large num- partment of Veterans Affairs on post-traumatic by the Department of Veterans Affairs. bers of enrolled legally blind veterans; stress disorder and all appropriate protocols re- (b) POLICIES AND STRATEGIES.—The plan pub- (2) ensure that each facility does not have lated to post-traumatic stress disorder; lished under subsection (a) shall contain poli- such a position; and (3) ensure that each facility is in need of the (2) revise such guidelines and protocols as the cies and strategies for— services of a Specialist. Secretary considers appropriate to ensure that (1) the delivery of care in domiciliaries, resi- (d) COORDINATION.—The Secretary shall co- clinicians are able to effectively distinguish be- dential treatment facilities, and nursing homes ordinate the provision of blind rehabilitation tween diagnoses with similar symptoms that and for seriously mentally ill veterans; services for veterans with services for the care of may manifest as post-traumatic stress disorder, (2) maximizing the use of State veterans the visually impaired offered by State and local including traumatic brain injury; and homes; agencies, especially to the extent to which such (3) develop performance measures for the (3) locating domiciliary units as close to pa- State and local agencies can provide necessary treatment of post-traumatic stress disorder tient populations as feasible; and services to blind veterans in settings located among veterans. (4) identifying freestanding nursing homes as closer to the residences of such veterans at simi- SEC. 204. DISCLOSURE OF MEDICAL RECORDS. an acceptable care model. (c) DATA.—The plan published under sub- lar quality and cost to the veteran. (a) LIMITED EXCEPTION TO CONFIDENTIALITY section (a) shall include data on— (e) AUTHORIZATION OF APPROPRIATIONS.— OF MEDICAL RECORDS.—Section 5701 is amended (1) the provision of care of catastrophically There are authorized to be appropriated for the by adding at the end the following new sub- disabled veterans; and Department of Veterans Affairs to carry out this section: (2) the geographic distribution of catastroph- section $3,500,000 for each of fiscal years 2007 ‘‘(k)(1)(A) Under regulations that the Sec- ically disabled veterans. through 2012. retary shall prescribe, the Secretary may dis- (d) NONINSTITUTIONAL LONG-TERM CARE OP- SEC. 208. EXTENSION OF CERTAIN COMPLIANCE close the name and address of any individual TIONS.—The plan published under subsection (a) REPORTS. described in subparagraph (C) to an entity de- shall address the spectrum of noninstitutional (a) MANAGEMENT OF HEALTH CARE.—Section scribed in subparagraph (B) in order to facili- long-term care options, including each of the 1706(b)(5)(A) is amended by striking ‘‘2004’’ and tate the determination by such entity whether following: inserting ‘‘2008’’. the individual is, or after death will be, a suit- (1) Respite care. (b) ADVISORY COMMITTEE ON WOMEN VET- able organ, tissue, or eye donor if— (2) Home-based primary care. ERANS.—Section 542(c)(1) is amended by striking ‘‘(i) the individual is near death (as deter- (3) Geriatric evaluation. ‘‘2004’’ and inserting ‘‘2008’’. mined by the Secretary) or is deceased; and (4) Adult day health care. SEC. 209. PARKINSON’S DISEASE RESEARCH, EDU- ‘‘(ii) the disclosure is permitted under regula- (5) Skilled home health care. CATION, AND CLINICAL CENTERS tions promulgated pursuant to section 264 of the (6) Community residential care. AND MULTIPLE SCLEROSIS CENTERS Health Insurance Portability and Account- (e) ADDITIONAL MATTERS TO BE INCLUDED.— OF EXCELLENCE. ability Act of 1996 (42 U.S.C. 1320d–2 note). The plan published under subsection (a) shall (a) REQUIREMENT FOR ESTABLISHMENT OF ‘‘(B) An entity described in this subparagraph provide— CENTERS.— is— (1) cost and quality comparison analyses of all (1) IN GENERAL.—Subchapter II of chapter 73 ‘‘(i) an organ procurement organization, in- the different levels of long-term care for vet- is amended by adding at the end the following cluding eye and tissue banks; or erans; new sections:

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00160 Fmt 4624 Sfmt 6333 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11807 ‘‘§ 7329. Parkinson’s Disease research, edu- section (a) in order to ensure better access to center pursuant to subsection (a)(1) each De- cation, and clinical centers state-of-the-art diagnosis, care, and education partment health-care facility that as of January ‘‘(a) ESTABLISHMENT OF CENTERS.—(1) The for neurodegenerative disorders throughout the 1, 2005, was operating a multiple sclerosis center Secretary, upon the recommendation of the health-care system of the Department. of excellence. Under Secretary for Health, shall designate not ‘‘(G) The capability to develop a national re- ‘‘(3) The Secretary may not under subsection less than six Department health-care facilities pository in the health-care system of the De- (a) designate a facility described in paragraph as the locations for centers of Parkinson’s Dis- partment for the collection of data on health (2) if (on the recommendation of the Under Sec- ease research, education, and clinical activities. services delivered to veterans seeking care for retary for Health) the Secretary determines that ‘‘(2) Subject to the availability of appropria- neurodegenerative diseases, including Parkin- such facility— tions for such purpose, the Secretary shall es- son’s Disease, and other movement disorders. ‘‘(A) does not meet the requirements of sub- tablish and operate centers of Parkinson’s Dis- ‘‘(d) PEER REVIEW PANEL.—(1) The Under section (c); or ease research, education, and clinical activities Secretary for Health shall establish a panel to ‘‘(B) has not demonstrated— ‘‘(i) effectiveness in carrying out the estab- centers at the locations designated pursuant to assess the scientific and clinical merit of pro- lished purposes of such center; or paragraph (1). posals that are submitted to the Secretary for ‘‘(ii) the potential to carry out such purposes ‘‘(b) CRITERIA FOR DESIGNATION OF FACILI- the establishment of centers under this section. effectively in the reasonably foreseeable future. TIES.—(1) In designating Department health- ‘‘(2)(A) The membership of the panel shall ‘‘(c) REQUIREMENTS FOR DESIGNATION.—(1) care facilities for centers under subsection (a), consist of experts in neurodegenerative diseases, The Secretary may not designate a Department the Secretary, upon the recommendation of the including Parkinson’s Disease and other move- health-care facility as a location for a center Under Secretary for Health, shall assure appro- ment disorders. under subsection (a) unless the peer review priate geographic distribution of such facilities. ‘‘(B) Members of the panel shall serve for a panel established under subsection (d) has de- ‘‘(2) Except as provided in paragraph (3), the period of no longer than two years, except as termined under that subsection that the pro- Secretary shall designate as the location for a specified in subparagraph (C). posal submitted by such facility as a location for center of Parkinson’s Disease research, edu- ‘‘(C) Of the members first appointed to the a new center under subsection (a) is among cation, and clinical activities pursuant to sub- panel, one half shall be appointed for a period those proposals that meet the highest competi- section (a)(1) each Department health-care fa- of three years and one half shall be appointed tive standards of scientific and clinical merit. cility that as of January 1, 2005, was operating for a period of two years, as designated by the Under Secretary at the time of appointment. ‘‘(2) The Secretary may not designate a De- a Parkinson’s Disease research, education, and partment health-care facility as a location for a clinical center. ‘‘(3) The panel shall review each proposal submitted to the panel by the Under Secretary and center under subsection (a) unless the Secretary ‘‘(3) The Secretary may not under subsection (upon the recommendation of the Under Sec- (a) designate a facility described in paragraph shall submit its views on the relative scientific and clinical merit of each such proposal to the retary for Health) determines that the facility (2) if (on the recommendation of the Under Sec- has (or may reasonably be anticipated to de- retary for Health) the Secretary determines that Under Secretary. ‘‘(4) The panel shall not be subject to the Fed- velop) each of the following: such facility— ‘‘(A) An arrangement with an accredited med- ‘‘(A) does not meet the requirements of sub- eral Advisory Committee Act. ‘‘(e) PRIORITY OF FUNDING.—Before providing ical school that provides education and training section (c); or in neurology and with which the Department ‘‘(B) has not demonstrated— funds for the operation of a center designated under subsection (a) at a Department health- health-care facility is affiliated under which ‘‘(i) effectiveness in carrying out the estab- residents receive education and training in in- lished purposes of such center; or care facility other than at a facility designated pursuant to subsection (b)(2), the Secretary novative diagnosis and treatment of auto- ‘‘(ii) the potential to carry out such purposes immune diseases affecting the central nervous effectively in the reasonably foreseeable future. shall ensure that each Parkinson’s Disease center at a facility designated pursuant to sub- system, including multiple sclerosis. ‘‘(c) REQUIREMENTS FOR DESIGNATION.—(1) section (b)(2) is receiving adequate funding to ‘‘(B) The ability to attract the participation of The Secretary may not designate a Department scientists who are capable of ingenuity and cre- health-care facility as a location for a center enable that center to function effectively in the areas of Parkinson’s Disease research, edu- ativity in health-care research efforts. under subsection (a) unless the peer review ‘‘(C) An advisory committee composed of vet- panel established under subsection (d) has de- cation, and clinical activities. ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— erans and appropriate health-care and research termined under that subsection that the pro- representatives of the Department health-care posal submitted by such facility as a location for There are authorized to be appropriated such sums as may be necessary for the support of the facility and of the affiliated school or schools to a new center under subsection (a) is among advise the directors of such facility and such those proposals that meet the highest competi- research and education activities of the centers established pursuant to subsection (a). The center on policy matters pertaining to the activi- tive standards of scientific and clinical merit. ties of the center during the period of the oper- ‘‘(2) The Secretary may not designate a De- Under Secretary for Health shall allocate to such centers from other funds appropriated gen- ation of such center. partment health-care facility as a location for a ‘‘(D) The capability to conduct effectively center under subsection (a) unless the Secretary erally for the Department medical services account and medical and prosthetics research ac- evaluations of the activities of such center. (upon the recommendation of the Under Sec- ‘‘(E) The capability to coordinate (as part of retary for Health) determines that the facility count, as appropriate, such amounts as the Under Secretary for Health determines appro- an integrated national system) education, clin- has (or may reasonably be anticipated to de- ical, and research activities within all facilities velop) each of the following: priate. ‘‘(g) AWARD COMPETITIONS.—Activities of clin- with such centers. ‘‘(A) An arrangement with an accredited medical and scientific investigation at each center ‘‘(F) The capability to jointly develop a con- ical school that provides education and training established under subsection (a) shall be eligible sortium of providers with interest in treating in neurology and with which the Department to compete for the award of funding from funds multiple sclerosis at facilities without such cen- health-care facility is affiliated under which appropriated for the Department medical and ters in order to ensure better access to state-of- residents receive education and training in in- prosthetics research account. Such activities the-art diagnosis, care, and education for auto- novative diagnosis and treatment of chronic shall receive priority in the award of funding immune disease affecting the central nervous neurodegenerative diseases and movement dis- from such account insofar as funds are awarded system throughout the health-care system of the orders, including Parkinson’s Disease. to projects for research in Parkinson’s Disease Department. ‘‘(B) The ability to attract the participation of and other movement disorders. ‘‘(G) The capability to develop a national re- scientists who are capable of ingenuity and cre- pository in the health-care system of the De- ativity in health-care research efforts. ‘‘§ 7330. Multiple sclerosis centers of excellence partment for the collection of data on health ‘‘(C) An advisory committee composed of vet- ‘‘(a) ESTABLISHMENT OF CENTERS.—(1) The services delivered to veterans seeking care for erans and appropriate health-care and research Secretary, upon the recommendation of the autoimmune disease affecting the central nerv- representatives of the Department health-care Under Secretary for Health, shall designate not ous system. facility and of the affiliated school or schools to less than two Department health-care facilities ‘‘(d) PEER REVIEW PANEL.—(1) The Under advise the directors of such facility and such as the locations for multiple sclerosis centers of Secretary for Health shall establish a panel to center on policy matters pertaining to the activi- excellence. assess the scientific and clinical merit of pro- ties of the center during the period of the oper- ‘‘(2) Subject to the availability of appropria- posals that are submitted to the Secretary for ation of such center. tions for such purpose, the Secretary shall es- the establishment of centers under this section. ‘‘(D) The capability to conduct effectively tablish and operate multiple sclerosis centers of ‘‘(2)(A) The membership of the panel shall evaluations of the activities of such center. excellence at the locations designated pursuant consist of experts in autoimmune disease affect- ‘‘(E) The capability to coordinate (as part of to paragraph (1). ing the central nervous system. an integrated national system) education, clin- ‘‘(b) CRITERIA FOR DESIGNATION OF FACILI- ‘‘(B) Members of the panel shall serve for a ical, and research activities within all facilities TIES.—(1) In designating Department health- period of no longer than two years, except as with such centers. care facilities for centers under subsection (a), specified in subparagraph (C). ‘‘(F) The capability to jointly develop a con- the Secretary, upon the recommendation of the ‘‘(C) Of the members first appointed to the sortium of providers with interest in treating Under Secretary for Health, shall assure appro- panel, one half shall be appointed for a period neurodegenerative diseases, including Parkin- priate geographic distribution of such facilities. of three years and one half shall be appointed son’s Disease and other movement disorders, at ‘‘(2) Except as provided in paragraph (3), the for a period of two years, as designated by the facilities without centers established under sub- Secretary shall designate as the location for a Under Secretary at the time of appointment.

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00161 Fmt 4624 Sfmt 6333 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11808 CONGRESSIONAL RECORD — SENATE December 8, 2006 ‘‘(3) The panel shall review each proposal sub- ‘‘(ii) is in need of such care. ‘‘§ 8138. Treatment of certain health facilities mitted to the panel by the Under Secretary and ‘‘(2) The rate determined under this para- as State homes shall submit its views on the relative scientific graph with respect to a State home is the lesser ‘‘(a) The Secretary may treat a health facility and clinical merit of each such proposal to the of— (or certain beds in a health facility) as a State Under Secretary. ‘‘(A) the applicable or prevailing rate payable home for purposes of subchapter V of chapter 17 ‘‘(4) The panel shall not be subject to the Fed- in the geographic area in which the State home of this title if the following requirements are eral Advisory Committee Act. is located, as determined by the Secretary, for met: ‘‘(e) PRIORITY OF FUNDING.—Before providing nursing home care furnished in a non-Depart- ‘‘(1) The facility (or certain beds in such facil- funds for the operation of a center designated ment nursing home (as that term is defined in ity) meets the standards for the provision of under subsection (a) at a Department health- section 1720(e)(2) of this title); or nursing home care that are applicable to State care facility other than at a facility designated ‘‘(B) a rate not to exceed the daily cost of homes, as prescribed by the Secretary under sec- pursuant to subsection (b)(2), the Secretary care, as determined by the Secretary, following tion 8134(b) of this title, and such other stand- shall ensure that each multiple sclerosis center a report to the Secretary by the director of the ards relating to the facility (or certain beds in at a facility designated pursuant to subsection State home. such facility) as the Secretary may require. (b)(2) is receiving adequate funding to enable ‘‘(3) Payment by the Secretary under para- ‘‘(2) The facility (or certain beds in such facil- that center to function effectively in the areas graph (1) to a State home for nursing home care ity) is licensed or certified by the appropriate of multiple sclerosis research, education, and provided to a veteran described in that para- State and local agencies charged with the re- clinical activities. graph constitutes payment in full to the State sponsibility of licensing or otherwise regulating ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— home for such care furnished to that veteran.’’. or inspecting State home facilities. (2) PROVISION OF PRESCRIPTION MEDICINES.— There are authorized to be appropriated such ‘‘(3) The State demonstrates in an application Such section, as so added, is further amended by sums as may be necessary for the support of the to the Secretary that, but for the treatment of a adding at the end the following new subsection: research and education activities of the centers facility (or certain beds in such facility), as a ‘‘(b) The Secretary shall furnish such drugs established pursuant to subsection (a). The State home under this subsection, a substantial and medicines as may be ordered on prescription Under Secretary for Health shall allocate to number of veterans residing in the geographic of a duly licensed physician as specific therapy such centers from other funds appropriated gen- area in which the facility is located who require in the treatment of illness or injury to any vet- erally for the Department medical services ac- nursing home care will not have access to such eran as follows: count and medical and prosthetics research ac- care. count, as appropriate, such amounts as the ‘‘(1) Any veteran who— ‘‘(A) is not being provided nursing home care ‘‘(4) The Secretary determines that the treat- Under Secretary for Health determines appro- ment of the facility (or certain beds in such fa- priate. for which payment is payable under subsection (a); and cility) as a State home best meets the needs of ‘‘(g) AWARD COMPETITIONS.—Activities of clin- veterans for nursing home care in the geo- ical and scientific investigation at each center ‘‘(B) is in need of such drugs and medicines for a service-connected disability. graphic area in which the facility is located. established under subsection (a) shall be eligible ‘‘(5) The Secretary approves the application to compete for the award of funding from funds ‘‘(2) Any veteran who— ‘‘(A) has a service-connected disability rated submitted by the State with respect to the facil- appropriated for the Department medical and ity (or certain beds in such facility). prosthetics research account. Such activities at 50 percent or more; ‘‘(B) is not being provided nursing home care ‘‘(b) The Secretary may not treat a health fa- shall receive priority in the award of funding for which payment is payable under subsection cility (or certain beds in a health facility) as a from such account insofar as funds are awarded (a); and State home under subsection (a) if the Secretary to projects for research in multiple sclerosis and ‘‘(C) is in need of such drugs and medicines.’’. determines that such treatment would increase other neurodegenerative disorders.’’. (3) CONFORMING AMENDMENTS.— the number of beds allocated to the State in ex- (2) CLERICAL AMENDMENT.—The table of sec- (A) CRITERIA FOR PAYMENT.—Section cess of the limit on the number of beds provided tions at the beginning of such chapter is amend- 1741(a)(1) is amended by striking ‘‘The’’ and infor by regulations prescribed under section ed by inserting after the item relating to section serting ‘‘Except as provided in section 1745 of 8134(a) of this title. 7328 the following new items: this title, the’’. ‘‘(c) The number of beds occupied by veterans ‘‘7329. Parkinson’s Disease research, education, (B) ELIGIBILITY FOR NURSING HOME CARE.— in a health facility for which payment may be and clinical centers. Section 1710(a)(4) is amended— made under subchapter V of chapter 17 of this ‘‘7330. Multiple sclerosis centers of excellence.’’. (i) by striking ‘‘and’’ before ‘‘the requirement title by reason of subsection (a) shall not ex- (b) EFFECTIVE DATE.—Sections 7329 and 7330 in section 1710B of this title’’; and ceed— of title 38, United States Code, as added by sub- (ii) by inserting ‘‘, and the requirement in sec- ‘‘(1) 100 beds in the aggregate for all States; section (a), shall take effect at the end of the 30- tion 1745 of this title to provide nursing home and day period beginning on the date of the enact- care and prescription medicines to veterans with ‘‘(2) in the case of any State, the difference ment of this Act. service-connected disabilities in State homes’’ between— SEC. 210. REPEAL OF TERM OF OFFICE FOR THE after ‘‘a program of extended care services’’. ‘‘(A) the number of veterans authorized to be UNDER SECRETARY FOR HEALTH (4) CLERICAL AMENDMENT.—The table of sec- in beds in State homes in such State under regu- AND THE UNDER SECRETARY FOR tions at the beginning of chapter 17 is amended lations prescribed under section 8134(a) of this BENEFITS. by inserting after the item relating to section title; and (a) UNDER SECRETARY FOR HEALTH.— 1744 the following new item: ‘‘(B) the number of veterans actually in beds (1) IN GENERAL.—Section 305 is amended by ‘‘1745. Nursing home care and medications for in State homes (other than facilities or certain striking subsection (c). veterans with service-connected beds treated as State homes under subsection (2) CONFORMING AMENDMENT.—Subsection (d) disabilities.’’. (a)) in such State under regulations prescribed of such section is redesignated as subsection (c). under such section. (5) EFFECTIVE DATE.—The amendments made (b) UNDER SECRETARY FOR BENEFITS.— ‘‘(d) The number of beds in a health facility in (1) IN GENERAL.—Section 306 is amended by by this subsection shall take effect 90 days after the date of the enactment of this Act. a State that has been treated as a State home striking subsection (c). under subsection (a) shall be taken into account (b) IDENTIFICATION OF VETERANS IN STATE (2) CONFORMING AMENDMENT.—Subsection (d) in determining the unmet need for beds for State of such section is redesignated as subsection (c). HOMES.—Such chapter is further amended— (1) in section 1745, as added by subsection homes for the State under section 8134(d)(1) of SEC. 211. MODIFICATIONS TO STATE HOME AU- (a)(1) of this section, by adding at the end the this title. THORITIES. following new subsection: ‘‘(e) The Secretary may not treat any new (a) NURSING HOME CARE AND PRESCRIPTION ‘‘(c) Any State home that requests payment or health facilities (or any new certain beds in a MEDICATIONS IN STATE HOMES FOR VETERANS reimbursement for services provided to a veteran health facility) as a State home under sub- WITH SERVICE-CONNECTED DISABILITIES.— under this section shall provide to the Secretary section (a) after September 30, 2009.’’. (1) NURSING HOME CARE.—Subchapter V of such information as the Secretary considers nec- (2) CLERICAL AMENDMENT.—The table of sec- chapter 17 is amended by adding at the end the essary to identify each individual veteran eligi- tions at the beginning of such chapter is amend- following new section: ble for payment under such section.’’; and ed by inserting after the item relating to section ‘‘§ 1745. Nursing home care and medications (2) in section 1741, by adding at the end the 8137 the following new item: for veterans with service-connected disabil- following new subsection: ‘‘8138. Treatment of certain health facilities as ities ‘‘(f) Any State home that requests payment or State homes.’’. ‘‘(a)(1) The Secretary shall pay each State reimbursement for services provided to a veteran SEC. 212. OFFICE OF RURAL HEALTH. home for nursing home care at the rate deter- under this section shall provide to the Secretary (a) IN GENERAL.— mined under paragraph (2), in any case in such information as the Secretary considers nec- (1) ESTABLISHMENT AND FUNCTIONS.—Chapter which such care is provided to any veteran as essary to identify each individual veteran eligi- 73 is amended by inserting after section 7307 the follows: ble for payment under such section.’’. following new section: ‘‘(A) Any veteran in need of such care for a (c) AUTHORITY TO TREAT CERTAIN HEALTH service-connected disability. FACILITIES AS STATE HOMES.— ‘‘§ 7308. Office of Rural Health ‘‘(B) Any veteran who— (1) AUTHORITY.—Subchapter III of chapter 81 ‘‘(a) ESTABLISHMENT.—There is established in ‘‘(i) has a service-connected disability rated at is amended by adding at the end the following the Department within the Office of the Under 70 percent or more; and new section: Secretary for Health an office to be known as

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00162 Fmt 4624 Sfmt 6333 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11809 the ‘Office of Rural Health’ (in this section re- opened in fiscal year 2007 or 2008 if funding (2) information on the allocation of funds to ferred to as the ‘Office’). were available for such purpose. facilities of the Department under subsection ‘‘(b) HEAD.—The Director of the Office of SEC. 213. OUTREACH PROGRAM TO VETERANS IN (e); and Rural Health shall be the head of the Office. RURAL AREAS. (3) a description of the improvements made The Director of the Office of Rural Health shall (a) PROGRAM.—The Secretary of Veterans Af- with funds so allocated to the support of the be appointed by the Under Secretary of Health fairs shall conduct an extensive outreach pro- provision of caregiver assistance services. from among individuals qualified to perform the gram to identify and provide information to vet- SEC. 215. EXPANSION OF OUTREACH ACTIVITIES duties of the position. erans who served in the theater of operations OF VET CENTERS. ‘‘(c) FUNCTIONS.—The functions of the Office for Operation Iraqi Freedom or Operation En- (a) ADDITIONAL OUTREACH WORKERS.—The are as follows: during Freedom and who reside in rural commu- Secretary of Veterans Affairs shall employ not ‘‘(1) In cooperation with the medical, rehabili- nities in order to enroll those veterans in the fewer than 100 veterans for the purpose of pro- tation, health services, and cooperative studies health-care system of the Department of Vet- viding outreach to veterans on the availability research programs in the Office of Policy and erans Affairs during the period when they are of readjustment counseling and related mental the Office of Research and Development of the eligible for such enrollment. health services for veterans under section 1712A Veterans Health Administration, to assist the (b) FEATURES OF PROGRAM.—In carrying out of title 38, United States Code. Under Secretary for Health in conducting, co- the program under subsection (a), the Secretary (b) CONSTRUCTION WITH CURRENT OUTREACH ordinating, promoting, and disseminating re- shall seek to work at the local level with em- PROGRAM.—The veterans employed under sub- search into issues affecting veterans living in ployers, State agencies, community health cen- section (a) are in addition to any veterans em- rural areas. ters located in rural areas, rural health clinics, ployed by the Secretary for the purpose de- ‘‘(2) To work with all personnel and offices of and critical access hospitals located in rural scribed in that subsection under the February the Department of Veterans Affairs to develop, areas, and units of the National Guard and 2004 program of the Department of Veterans Af- refine, and promulgate policies, best practices, other reserve components based in rural areas, fairs to provide outreach described in that sub- lessons learned, and innovative and successful in order to increase the awareness of veterans section. programs to improve care and services for vet- and their families of the availability of health (c) ASSIGNMENT TO VET CENTERS.—The Sec- erans who reside in rural areas of the United care provided by the Secretary and the means retary may assign any veteran employed under States. by which those veterans can achieve access to subsection (a) to any center for the provision of ‘‘(3) To designate in each Veterans Integrated the health-care services provided by the Depart- readjustment counseling and related mental Service Network (VISN) an individual who shall ment of Veterans Affairs. health services under section 1712A of title 38, consult on and coordinate the discharge in such United States Code, that the Secretary considers Network of programs and activities of the Office SEC. 214. PILOT PROGRAM ON IMPROVEMENT OF CAREGIVER ASSISTANCE SERVICES. appropriate in order to meet the purpose de- for veterans who reside in rural areas of the scribed in that subsection. United States. (a) IN GENERAL.—Commencing not later than 120 days after the date of the enactment of this (d) INAPPLICABILITY AND TERMINATION OF ‘‘(4) To perform such other functions and du- LIMITATION ON DURATION OF EMPLOYMENT.— ties as the Secretary or the Under Secretary for Act, the Secretary of Veterans Affairs shall carry out a pilot program to assess the feasi- Any limitation on the duration of employment Health considers appropriate.’’. of veterans under the program described in sub- (2) CLERICAL AMENDMENT.—The table of sec- bility and advisability of various mechanisms to section (b) is hereby terminated and shall not tions at the beginning of such chapter is amend- expand and improve caregiver assistance serv- apply to veterans employed under such program ed by inserting after the item relating to section ices. or under this section. 7307 the following new item: (b) DURATION OF PILOT PROGRAM.—The pilot (e) EMPLOYMENT STATUS.—Veterans employed ‘‘7308. Office of Rural Health.’’. program required by subsection (a) shall be carried out during the two-year period beginning under subsection (a) shall be employed in career (b) ASSESSMENT OF FEE-BASIS HEALTH-CARE on the date of the commencement of the pilot conditional status, which is the employment sta- PROGRAM.—The Director of the Office of Rural program. tus in which veterans are employed under the Health shall conduct an assessment of the ef- (c) CAREGIVER ASSISTANCE SERVICES.—For program described in subsection (b). fects of the implementation of the fee-basis purposes of this section, the term ‘‘caregiver as- SEC. 216. CLARIFICATION AND ENHANCEMENT OF health-care program of the Veterans Health Ad- sistance services’’ means services of the Depart- BEREAVEMENT COUNSELING. ministration on the delivery of health-care serv- ment of Veterans Affairs that assist caregivers (a) CLARIFICATION OF MEMBERS OF IMME- ices to veterans who reside in rural areas of the of veterans. Such services including the fol- DIATE FAMILY ELIGIBLE FOR COUNSELING.—Sub- United States. The assessment shall be con- lowing: section (b) of section 1783 is amended— ducted in consultation with the individuals des- (1) Adult-day health care services. (1) by inserting ‘‘(1)’’ before ‘‘The Secretary’’; ignated under subsection (c)(3) of section 7308 of (2) Coordination of services needed by vet- and title 38, United States Code, as added by sub- erans, including services for readjustment and (2) by adding at the end the following new section (a). In conducting the assessment, the rehabilitation. paragraph: Director shall— (3) Transportation services. ‘‘(2) For purposes of this subsection, the mem- (1) identify various mechanisms for expanding (4) Caregiver support services, including edu- bers of the immediate family of a member of the the program in order to enhance and improve cation, training, and certification of family Armed Forces described in paragraph (1) include health-care services for such veterans and deter- members in caregiver activities. the parents of such member.’’. mine the feasibility and advisability of imple- (5) Home care services. (b) PROVISION OF COUNSELING THROUGH VET menting such mechanisms; and CENTERS.—Such section is further amended— (2) for each mechanism determined under (6) Respite care. (7) Hospice services. (1) by redesignating subsection (c) as subparagraph (1) to be feasible and advisable to im- section (d); and plement, make recommendations to the Under (8) Any modalities of non-institutional long- term care. (2) by inserting after subsection (b) the fol- Secretary for Health on the implementation of lowing new subsection (c): (d) AUTHORIZATION OF APPROPRIATIONS.— such mechanism. ‘‘(c) PROVISION OF COUNSELING THROUGH VET There are authorized to be appropriated to the (c) PLAN TO IMPROVE ACCESS AND QUALITY OF CENTERS.—Bereavement counseling may be pro- Department of Veterans Affairs $5,000,000 for CARE.—Not later than September 30, 2007, the vided under this section through the facilities each of fiscal years 2007 and 2008 to carry out Director of the Office of Rural Health shall de- and personnel of centers for the provision of re- the pilot program authorized by this section. velop a plan to improve the access and quality adjustment counseling and related mental (e) ALLOCATION OF FUNDS TO FACILITIES.— of care for enrolled veterans in rural areas. The health services under section 1712A of this The Secretary shall allocate funds appropriated plan shall include— title.’’. (1) measures for meeting the long term care pursuant to the authorization of appropriations SEC. 217. FUNDING FOR VET CENTER PROGRAM. needs of rural veterans; and in subsection (d) to individual medical facilities There are authorized to be appropriated to the (2) measures for meeting the mental health of the Department in such amounts as the Sec- Department of Veterans Affairs for fiscal year needs of veterans residing in rural areas. retary determines appropriate, based upon pro- (d) REPORT ON COMMUNITY-BASED OUT- posals submitted by such facilities for the use of 2007 $180,000,000 for the provision of readjust- PATIENT CLINICS AND ACCESS POINTS IDENTIFIED such funds for improvements to the support of ment counseling and related mental health serv- IN CARES MAY 2004 DECISION DOCUMENT.— Not the provision of caregiver assistance services. ices through centers under section 1712A of title later than March 30, 2007, the Secretary of Vet- Special consideration should be given to rural 38, United States Code. erans Affairs shall submit to the Committee on facilities, including those without a long-term TITLE III—EDUCATION MATTERS Veterans’ Affairs of the Senate and the Com- care facility of the Department. SEC. 301. EXPANSION OF ELIGIBILITY FOR SUR- mittee on Veterans’ Affairs of the House of Rep- (f) REPORT.—Not later than one year after the VIVORS’ AND DEPENDENTS’ EDU- resentatives a report that— date of the enactment of this Act, the Secretary CATIONAL ASSISTANCE PROGRAM. (1) identifies each of the community based shall submit to the Committee on Veterans’ Af- (a) EXPANSION OF ELIGIBILITY.—Section outpatient clinics and access points identified in fairs of the Senate and the Committee on Vet- 3501(a)(1) is amended— the May 2004 Decision Document of Capital erans’ Affairs of the House of Representatives a (1) in the matter preceding subparagraph (A), Asset Realignment for Enhanced Services report on the implementation of this section. by striking ‘‘means—’’ and inserting ‘‘means (CARES) that have been opened; and The report shall include— any of the following:’’; (2) identifies each of the clinics and access (1) a description and assessment of the activi- (2) in each of subparagraphs (A) through (D), points identified in such report that would be ties carried out under the pilot program; by capitalizing the first letter of the first word;

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(3) in subparagraph (A)— (B) in subsection (b)— (b) EFFECTIVE DATE.—The amendment made (A) by inserting after ‘‘a person who’’ the fol- (i) in paragraph (1)(A)— by subsection (a) shall apply with respect to a lowing: ‘‘, as a result of qualifying service’’; (I) by inserting after ‘‘section 3501(a)(1) of this payment of educational assistance allowance (B) by striking the comma at the end of clause title’’ the following: ‘‘or a person made eligible made after September 11, 2001. (i) and inserting ‘‘; or’’; by the disability of a spouse under section SEC. 303. EXCEPTION FOR INSTITUTIONS OFFER- (C) by striking ‘‘, or’’ at the end of clause (ii) 3501(a)(1)(E) of this title’’; and ING GOVERNMENT-SPONSORED and inserting a period; and (II) by striking ‘‘or 3501(a)(1)(D)(ii) of this NONACCREDITED COURSES TO RE- (D) by striking clause (iii); title’’ and inserting ‘‘3501(a)(1)(D)(ii), or QUIREMENT OF REFUNDING UN- (4) in subparagraph (B) by striking the comma 3501(a)(1)(E) of this title’’; USED TUITION. at the end and inserting the following: ‘‘sus- (ii) in paragraph (1)(B), by adding at the end Section 3676(c)(13) is amended by striking tained during a period of qualifying service.’’; the following new clause: ‘‘prior to completion’’ and all that follows and (5) in subparagraph (C)— ‘‘(iii) The date on which the Secretary notifies inserting the following: ‘‘before completion (A) by inserting ‘‘or child’’ after ‘‘the the member of the Armed Forces from whom eli- and— spouse’’; and gibility is derived that the member has a total ‘‘(A) in the case of an institution (other than (B) by striking ‘‘, or’’ at the end and inserting disability permanent in nature incurred or ag- (i) a Federal, State, or local Government institu- a period; gravated in the line of duty in the active mili- tion or (ii) an institution described in subpara- (6) in subparagraph (D)— tary, naval, or air service.’’; and graph (B)), such policy provides that the (A) in clause (i), by inserting before the (iii) in paragraph (2)— amount charged to the eligible person for tui- comma the following: ‘‘sustained during a pe- (I) by striking ‘‘or (D) of this title’’ and insert- tion, fees, and other charges for a portion of the riod of qualifying service’’; and ing ‘‘(D), or (E) of this title’’; and course shall not exceed the approximate pro rata (B) by striking the comma at the end and in- (II) by inserting ‘‘whose eligibility is based on portion of the total charges for tuition, fees, and serting a period; the death or disability of a spouse or on a other charges that the length of the completed (7) by inserting after subparagraph (D) the spouse being listed in one of the categories re- portion of the course bears to its total length; or ‘‘(B) in the case of an institution that is a following new subparagraph: ferred to in section 3501(a)(1)(C) of this title’’ nonaccredited public educational institution, ‘‘(E) The spouse or child of a person who— after ‘‘of this title)’’; ‘‘(i) at the time of the Secretary’s determina- (C) in subsection (d), by striking ‘‘veteran’’ the institution has and maintains a refund pol- tion under clause (ii), is a member of the Armed and inserting ‘‘person’’; and icy regarding the unused portion of tuition, Forces who is hospitalized or receiving out- (D) in subsection (e)— fees, and other charges that is substantially the patient medical care, services, or treatment; (i) by inserting ‘‘based on a spouse being list- same as the refund policy followed by accredited ‘‘(ii) the Secretary determines has a total dis- ed in one of the categories referred to in section public educational institutions located within ability permanent in nature incurred or aggra- 3501(a)(1)(C) of this title’’ after ‘‘of this title’’; the same State as such institution.’’. vated in the line of duty in the active military, (ii) by inserting ‘‘so’’ after ‘‘the spouse was’’; SEC. 304. EXTENSION OF WORK-STUDY ALLOW- naval, or air service; and and ANCE. ‘‘(iii) is likely to be discharged or released (iii) by striking ‘‘by the Secretary’’ and all Section 3485(a)(4) is amended by striking ‘‘De- from such service for such disability.’’; and that follows through ‘‘occurs’’. cember 27, 2006’’ each place it appears and in- (8) by striking ‘‘arising out of’’ and all that (4) Section 3540 is amended by striking ‘‘(as serting ‘‘June 30, 2007’’. follows through the end. defined in subparagraphs (A), (B), and (D) of SEC. 305. DEADLINE AND EXTENSION OF RE- (b) CONFORMING AMENDMENTS TO CHAPTER section 3501(a)(1) of this title)’’ and inserting QUIREMENT FOR REPORT ON EDU- CATIONAL ASSISTANCE PROGRAM. 35.—Chapter 35 is amended as follows: ‘‘(other than a person made eligible under sub- (a) DEADLINE.—Not later than 180 days after (1) Section 3501(a) is amended by adding at paragraph (C) of such section by reason of a the end the following new paragraph: the date of the enactment of this Act, the Sec- spouse being listed in one of the categories re- retary of Defense and the Secretary of Veterans ‘‘(12) The term ‘qualifying service’ means serv- ferred to in that subparagraph)’’. ice in the active military, naval, or air service Affairs shall each submit to Congress a report (5) Section 3563 is amended by striking ‘‘each containing the information specified in sub- after the beginning of the Spanish-American eligible person defined in section 3501(a)(1)(A) of War that did not terminate under dishonorable sections (b) and (c) of section 3036 of title 38, this title’’ and inserting ‘‘each eligible person United States Code. conditions.’’. whose eligibility is based on the death or dis- (2) Section 3511 is amended— (b) EXTENSION OF REQUIREMENT.—Subsection ability of a parent or on a parent being listed in (d) of section 3036 of title 38, United States (A) in subsection (a)(1)— one of the categories referred to in section (i) by striking ‘‘Each eligible person’’ and in- Code, is amended by striking ‘‘January 1, 2005’’ 3501(a)(1)(C) of this title’’. and inserting ‘‘January 1, 2011’’. serting the following: ‘‘Each eligible person, (c) OTHER CONFORMING AMENDMENTS.—Such SEC. 306. REPORT ON IMPROVEMENT IN ADMINIS- whether made eligible by one or more of the pro- title is further amended as follows: visions of section 3501(a)(1) of this title,’’; TRATION OF EDUCATIONAL ASSIST- (1) Section 3686(a)(1) is amended by striking ANCE BENEFITS. (ii) by striking ‘‘a period’’ and inserting ‘‘an ‘‘or (D)’’ and inserting ‘‘(D), or (E)’’. Not later than 180 days after the date of the aggregate period’’; and (2) Section 5113(b)(3) is amended— enactment of this Act, the Secretary of Veterans (iii) by striking the second sentence; (A) in subparagraph (B) by striking ‘‘section Affairs shall submit to Congress a report on the (B) in subsection (b)— 3501(a)(1)’’ and all that follows through the end administration of education benefits, including (i) in paragraph (2)— and inserting the following: ‘‘subparagraphs benefits under chapters 30, 31, 32, 34, 35, and 36 (I) by striking ‘‘the provisions of section (A), (B), (D), and (E) of section 3501(a)(1) of this of title 38, United States Code, and chapters 3501(a)(1)(A)(iii) or’’ and inserting ‘‘section’’; title.’’; and 1606 and 1607 of title 10, United States Code. and (B) in subparagraph (C)— Such report shall propose methods to streamline (II) by striking ‘‘or’’ at the end; (i) by striking ‘‘such veteran’s death’’ and in- the processes and procedures of administering (ii) in paragraph (3)— serting ‘‘the death of the person from whom such benefits. (I) by striking ‘‘section 3501(a)(1)(D)’’ and in- such eligibility is derived’’; and serting ‘‘subparagraph (D) or (E) of section SEC. 307. TECHNICAL AMENDMENTS RELATING (ii) by striking ‘‘such veteran’s service-con- TO EDUCATION LAWS. 3501(a)(1)’’; and nected total disability permanent in nature’’ Section 3485 is amended— (II) by inserting ‘‘or’’ after the comma at the and inserting ‘‘the service-connected total dis- (1) in subsection (a)(4)(E), by inserting ‘‘or end; and ability permanent in nature (or, in the case of a 1607’’ after ‘‘chapter 1606’’; (iii) by inserting after paragraph (3) the fol- person made eligible under section 3501(a)(1)(E), (2) in subsection (b), by striking ‘‘chapter 106’’ lowing new paragraph: the total disability permanent in nature in- and inserting ‘‘chapter 1606 or 1607’’; and ‘‘(4) the parent or spouse from whom such eli- curred or aggravated in the line of duty in the (3) in subsection (e)(1)— gibility is derived based upon subparagraph (E) active military, naval, or air service) of the per- (A) by striking ‘‘services of the kind described of section 3501(a)(1) of this title no longer meets son from whom such eligibility is derived’’. in clauses (A) through (E) of subsection (a)(1) of a requirement under clause (i), (ii), or (iii) of (d) EFFECTIVE DATE.—The amendments made this section’’ and inserting ‘‘a qualifying work- that subparagraph,’’; and by this section shall apply with respect to a study activity described in subsection (a)(4)’’; (C) by striking subsection (c). payment of educational assistance for a course and (3) Section 3512 is amended— of education pursued after the date of the en- (B) by striking ‘‘chapter 106’’ and inserting (A) in subsection (a)— actment of this Act. ‘‘chapter 1606 or 1607’’. (i) by striking ‘‘an eligible person (within the TITLE IV—NATIONAL CEMETERY AND meaning of section 3501(a)(1)(A) of this title)’’ SEC. 302. RESTORATION OF LOST ENTITLEMENT FOR INDIVIDUALS WHO DIS- MEMORIAL AFFAIRS MATTERS and inserting ‘‘an eligible person whose eligi- CONTINUE A PROGRAM OF EDU- bility is based on the death or disability of a SEC. 401. PROVISION OF GOVERNMENT MEMO- CATION BECAUSE OF BEING OR- RIAL HEADSTONES OR MARKERS parent or on a parent being listed in one of the DERED TO FULL-TIME NATIONAL AND MEMORIAL INSCRIPTIONS FOR categories referred to in section 3501(a)(1)(C) of GUARD DUTY. DECEASED DEPENDENT CHILDREN this title’’; and (a) RESTORATION OF ENTITLEMENT.—Section OF VETERANS WHOSE REMAINS ARE (ii) in paragraph (6), by striking ‘‘the provi- 3511(a)(2)(B)(i) is amended by inserting after UNAVAILABLE FOR BURIAL. sions of section 3501(a)(1)(A)(iii)’’ and inserting ‘‘title 10’’ the following: ‘‘or of being involun- (a) PROVISION OF MEMORIAL HEADSTONES OR ‘‘a parent being listed in one of the categories tarily ordered to full-time National Guard duty MARKERS.—Subsection (b) of section 2306 is referred to in section 3501(a)(1)(C)’’; under section 502(f) of title 32’’. amended—

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REMOVAL OF REMAINS OF RUSSELL ing subcontracts) by small business concerns years of age if pursuing a course of instruction WAYNE WAGNER FROM ARLINGTON owned and controlled by veterans with service- at an approved educational institution; or NATIONAL CEMETERY. connected disabilities in accordance with para- ‘‘(B) who is unmarried and became perma- (a) REMOVAL OF REMAINS.—The Secretary of graph (3). nently physically or mentally disabled and in- the Army shall remove the remains of Russell ‘‘(2) The goal for a fiscal year for participa- capable of self-support before reaching 21 years Wayne Wagner from Arlington National Ceme- tion under paragraph (1)(A) shall be determined of age, or before reaching 23 years of age if pur- tery. by the Secretary. suing a course of instruction at an approved (b) NOTIFICATION OF NEXT-OF-KIN.—The Sec- ‘‘(3) The goal for a fiscal year for participa- educational institution.’’. retary of the Army shall— tion under paragraph (1)(B) shall be not less (b) ADDITION OF MEMORIAL INSCRIPTION TO (1) notify the next-of-kin of record for Russell than the Government-wide goal for that fiscal HEADSTONE OR MARKER OF VETERAN.—Sub- Wayne Wagner of the impending removal of his year for participation by small business con- section (f) of such section is amended by insert- remains; and cerns owned and controlled by veterans with ing ‘‘or eligible dependent child’’ after ‘‘sur- (2) upon removal, relinquish the remains to service-connected disabilities under section viving spouse’’ both places it appears. the next-of-kin of record for Russell Wayne 15(g)(1) of the Small Business Act (15 U.S.C. (c) EFFECTIVE DATE.—The amendments made Wagner or, if the next-of-kin of record for Rus- 644(g)(1)). ‘‘(4) The Secretary shall establish a review by subsections (a) and (b) shall apply with resell Wayne Wagner is unavailable, arrange for mechanism to ensure that, in the case of a sub- spect to individuals dying after the date of the an appropriate disposition of the remains. contract of a Department contract that is count- enactment of this Act. TITLE V—HOUSING AND SMALL BUSINESS ed for purposes of meeting a goal established SEC. 402. PROVISION OF GOVERNMENT MARKERS MATTERS pursuant to this section, the subcontract was FOR MARKED GRAVES OF VETERANS SEC. 501. RESIDENTIAL COOPERATIVE HOUSING actually awarded to a business concern that AT PRIVATE CEMETERIES. UNITS. may be counted for purposes of meeting that (a) EXTENSION OF AUTHORITY.—Paragraph (3) (a) HOUSING BENEFITS FOR COOPERATIVE goal. of subsection (d) of section 2306 is amended by HOUSING UNITS.—Subsection (a) of section 3710 ‘‘(b) USE OF NONCOMPETITIVE PROCEDURES striking ‘‘December 31, 2006’’ and inserting ‘‘De- is amended by inserting after paragraph (11) the FOR CERTAIN SMALL CONTRACTS.—For purposes cember 31, 2007’’. following new paragraph: of meeting the goals under subsection (a), and (b) PROVISION OF HEADSTONE OR MARKER.— ‘‘(12) With respect to a loan guaranteed after in accordance with this section, in entering into (1) IN GENERAL.—Such subsection is further the date of the enactment of this paragraph and a contract with a small business concern owned amended— before the date that is five years after that date, and controlled by veterans for an amount less (A) in paragraph (1)— to purchase stock or membership in a coopera- than the simplified acquisition threshold (as de- (i) in the first sentence, by striking ‘‘Govern- tive housing corporation for the purpose of enti- fined in section 4 of the Office of Federal Pro- ment marker’’ and inserting ‘‘Government head- tling the veteran to occupy for dwelling pur- curement Policy Act (41 U.S.C. 403)), a con- stone or marker’’; and poses a single family residential unit in a devel- tracting officer of the Department may use pro- (ii) in the second sentence, by inserting opment, project, or structure owned or leased by cedures other than competitive procedures. ‘‘headstone or’’ before ‘‘marker’’ each place it such corporation, in accordance with subsection ‘‘(c) SOLE SOURCE CONTRACTS FOR CONTRACTS appears; and (h).’’. ABOVE SIMPLIFIED ACQUISITION THRESHOLD.— (B) in paragraph (2), by inserting ‘‘headstone (b) CONDITIONS OF HOUSING BENEFITS FOR CO- For purposes of meeting the goals under sub- or’’ before ‘‘marker’’. OPERATIVE HOUSING UNITS.—Such section is fur- section (a), and in accordance with this section, (2) CONFORMING AMENDMENT.—Subsection ther amended by adding at the end the fol- a contracting officer of the Department may (g)(3) of such section is amended by inserting lowing new subsection: award a contract to a small business concern ‘‘headstone or’’ before ‘‘marker’’. ‘‘(h)(1) A loan may not be guaranteed under owned and controlled by veterans using proce- (c) PLACEMENT OF HEADSTONE OR MARKER.— subsection (a)(12) unless— dures other than competitive procedures if— The second sentence of subsection (d)(1) of such ‘‘(A) the development, project, or structure of ‘‘(1) such concern is determined to be a re- section, as amended by subsection (b)(1)(A)(ii), the cooperative housing corporation complies sponsible source with respect to performance of is further amended by inserting before the pe- with such criteria as the Secretary prescribes in such contract opportunity; riod the following: ‘‘, or, if placement on the regulations; and ‘‘(2) the anticipated award price of the con- grave is impossible or impracticable, as close as ‘‘(B) the dwelling unit that the purchase of tract (including options) will exceed the sim- possible to the grave within the grounds of the stock or membership in the development, project, plified acquisition threshold (as defined in sec- cemetery in which the grave is located’’. or structure of the cooperative housing corporation 4 of the Office of Federal Procurement Pol- (d) DELIVERY OF HEADSTONE OR MARKER.— tion entitles the purchaser to occupy is a single icy Act (41 U.S.C. 403)) but will not exceed Subsection (d)(2) of such section, as amended by family residential unit. $5,000,000; and subsection (b)(1)(B), is further amended by in- ‘‘(2) In this subsection, the term ‘cooperative ‘‘(3) in the estimation of the contracting offi- serting before the period the following: ‘‘or to a housing corporation’ has the meaning given cer, the contract award can be made at a fair receiving agent for delivery to the cemetery’’. such term in section 216(b)(1) of the Internal and reasonable price that offers best value to (e) REPEAL OF OBSOLETE REPORT REQUIRE- Revenue Code of 1986. the United States. MENT.—Subsection (d) of such section is further ‘‘(3) When applying the term ‘value of the ‘‘(d) USE OF RESTRICTED COMPETITION.—Ex- amended by striking paragraph (4). property’ to a loan guaranteed under subsection cept as provided in subsections (b) and (c), for (f) SCOPE OF HEADSTONES AND MARKERS FUR- (a)(12), such term means the appraised value of purposes of meeting the goals under subsection NISHED.—Subsection (d) of such section is fur- the stock or membership entitling the purchaser (a), and in accordance with this section, a con- ther amended by inserting after paragraph (3) to the permanent occupancy of the dwelling tracting officer of the Department shall award the following new paragraph (4): unit in the development, project, or structure of contracts on the basis of competition restricted ‘‘(4) The headstone or marker furnished under the cooperative housing corporation.’’. to small business concerns owned and controlled this subsection shall be the headstone or marker by veterans if the contracting officer has a rea- selected by the individual making the request SEC. 502. DEPARTMENT OF VETERANS AFFAIRS sonable expectation that two or more small busi- GOALS FOR PARTICIPATION BY from among all the headstones and markers SMALL BUSINESSES OWNED AND ness concerns owned and controlled by veterans made available by the Government for selec- CONTROLLED BY VETERANS IN PRO- will submit offers and that the award can be tion.’’. CUREMENT CONTRACTS. made at a fair and reasonable price that offers SEC. 403. ELIGIBILITY OF INDIAN TRIBAL ORGA- (a) GOALS.— best value to the United States. NIZATIONS FOR GRANTS FOR THE (1) IN GENERAL.—Subchapter II of chapter 81 ‘‘(e) ELIGIBILITY OF SMALL BUSINESS CON- ESTABLISHMENT OF VETERANS is amended by adding at the end the following CERNS.—A small business concern may be CEMETERIES ON TRUST LANDS. new section: awarded a contract under this section only if Section 2408 is amended by adding at the end the small business concern and the veteran ‘‘§ 8127. Small business concerns owned and the following new subsection: owner of the small business concern are listed in controlled by veterans: contracting goals ‘‘(f)(1) The Secretary may make grants under the database of veteran-owned businesses main- and preferences this subsection to any tribal organization to as- tained by the Secretary under subsection (f). sist the tribal organization in establishing, ex- ‘‘(a) CONTRACTING GOALS.—(1) In order to in- ‘‘(f) DATABASE OF VETERAN-OWNED BUSI- panding, or improving veterans’ cemeteries on crease contracting opportunities for small busi- NESSES.—(1) Subject to paragraphs (2) through trust land owned by, or held in trust for, the ness concerns owned and controlled by veterans (6), the Secretary shall maintain a database of tribal organization. and small business concerns owned and con- small business concerns owned and controlled ‘‘(2) Grants under this subsection shall be trolled by veterans with service-connected dis- by veterans and the veteran owners of such made in the same manner, and under the same abilities, the Secretary shall— business concerns.

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‘‘(2) To be eligible for inclusion in the data- ‘‘(1) The percentage of the total amount of all (d) EFFECTIVE DATE.—This section and the base, such a veteran shall submit to the Sec- contracts awarded by the Department during amendments made by this section shall take ef- retary such information as the Secretary may that fiscal year that were awarded to small fect on the date that is 180 days after the date require with respect to the small business con- business concerns owned and controlled by vet- of the enactment of this Act. cern or the veteran. erans. SEC. 503. DEPARTMENT OF VETERANS AFFAIRS ‘‘(3) Information maintained in the database ‘‘(2) The percentage of the total amount of all CONTRACTING PRIORITY FOR VET- shall be submitted on a voluntary basis by such such contracts awarded to small business con- ERAN-OWNED SMALL BUSINESSES. veterans. cerns owned and controlled by veterans with (a) PRIORITY FOR VETERAN-OWNED SMALL ‘‘(4) In maintaining the database, the Sec- service-connected disabilities. BUSINESSES.— retary shall carry out at least the following two ‘‘(3) The percentage of the total amount of all (1) IN GENERAL.—Subchapter II of chapter 81, verification functions: contracts awarded by each Administration of as amended by section 502 of this Act, is further ‘‘(A) Verification that each small business the Department during that fiscal year that amended by adding at the end the following concern listed in the database is owned and con- were awarded to small business concerns owned new section: trolled by veterans. and controlled by veterans. ‘‘§ 8128. Small business concerns owned and ‘‘(4) The percentage of the total amount of all ‘‘(B) In the case of a veteran who indicates a controlled by veterans: contracting priority service-connected disability, verification of the contracts awarded by each such Administration service-disabled status of such veteran. during that fiscal year that were awarded to ‘‘(a) CONTRACTING PRIORITY.—In procuring ‘‘(5) The Secretary shall make the database small business concerns owned and controlled goods and services pursuant to a contracting available to all Federal departments and agen- by veterans with service-connected disabilities. preference under this title or any other provi- cies and shall notify each such department and ‘‘(k) DEFINITIONS.—In this section: sion of law, the Secretary shall give priority to agency of the availability of the database. ‘‘(1) The term ‘small business concern’ has the a small business concern owned and controlled ‘‘(6) If the Secretary determines that the pub- meaning given that term under section 3 of the by veterans, if such business concern also meets lic dissemination of certain types of information Small Business Act (15 U.S.C. 632). the requirements of that contracting preference. maintained in the database is inappropriate, the ‘‘(2) The term ‘small business concern owned ‘‘(b) DEFINITION.—For purposes of this sec- Secretary shall take such steps as are necessary and controlled by veterans’ means a small busi- tion, the term ‘small business concern owned to maintain such types of information in a se- ness concern— and controlled by veterans’ means a small busi- cure and confidential manner. ‘‘(A)(i) not less than 51 percent of which is ness concern that is included in the small busi- ‘‘(g) ENFORCEMENT PENALTIES FOR MISREPRE- owned by one or more veterans or, in the case of ness database maintained by the Secretary SENTATION.—Any business concern that is deter- a publicly owned business, not less than 51 per- under section 8127(f) of this title.’’. mined by the Secretary to have misrepresented cent of the stock of which is owned by one or (2) CLERICAL AMENDMENT.—The table of sec- the status of that concern as a small business more veterans; and tions at the beginning of such chapter, as so concern owned and controlled by veterans or as ‘‘(ii) the management and daily business oper- amended, is further amended by inserting after a small business concern owned and controlled ations of which are controlled by one or more the item relating to section 8127 the following by service-disabled veterans for purposes of this veterans; or new item: ‘‘(B) not less than 51 percent of which is subsection shall be debarred from contracting owned by one or more veterans with service-con- ‘‘8128. Small business concerns owned and con- with the Department for a reasonable period of nected disabilities that are permanent and total trolled by veterans: contracting time, as determined by the Secretary. who are unable to manage the daily business priority.’’. ‘‘(h) TREATMENT OF BUSINESSES AFTER DEATH operations of such concern or, in the case of a (b) EFFECTIVE DATE.—This section and the OF VETERAN-OWNER.—(1) Subject to paragraph amendments made by this section shall take ef- (3), if the death of a veteran causes a small publicly owned business, not less than 51 perfect on the date that is 180 days after the date business concern to be less than 51 percent cent of the stock of which is owned by one or of the enactment of this Act. owned by one or more veterans, the surviving more such veterans.’’. (2) CLERICAL AMENDMENT.—The table of sec- spouse of such veteran who acquires ownership TITLE VI—EMPLOYMENT AND TRAINING tions at the beginning of such chapter is amend- rights in such small business concern shall, for MATTERS ed by inserting after the item relating to section the period described in paragraph (2), be treated SEC. 601. TRAINING OF NEW DISABLED VET- 8126 the following new item: as if the surviving spouse were that veteran for ERANS’ OUTREACH PROGRAM SPE- the purpose of maintaining the status of the ‘‘8127. Small business concerns owned and con- CIALISTS AND LOCAL VETERANS’ EM- small business concern as a small business controlled by veterans: contracting PLOYMENT REPRESENTATIVES BY NVTI REQUIRED. cern owned and controlled by veterans. goals and preferences.’’. ‘‘(2) The period referred to in paragraph (1) is (b) TRANSITION RULE.—A small business con- (a) TRAINING REQUIRED.—Section 4102A(c) is the period beginning on the date on which the cern that is listed in any small business data- amended by adding at the end the following veteran dies and ending on the earliest of the base maintained by the Secretary of Veterans new paragraph: following dates: Affairs on the date of the enactment of this Act ‘‘(8)(A) As a condition of a grant or contract ‘‘(A) The date on which the surviving spouse shall be presumed to be eligible for inclusion in under which funds are made available to a State remarries. the database under subsection (f) of section 8127 in order to carry out section 4103A or 4104 of ‘‘(B) The date on which the surviving spouse of title 38, United States Code, as added by sub- this title, the Secretary shall require the State to relinquishes an ownership interest in the small section (a), during the period beginning on the require each employee hired by the State who is business concern. effective date of that section and ending one assigned to perform the duties of a disabled vet- ‘‘(C) The date that is ten years after the date year after such effective date. Such a small erans’ outreach program specialist or a local of the veteran’s death. business concern may be removed from the data- veterans’ employment representative under this ‘‘(3) Paragraph (1) only applies to a surviving base during that period if it is found not to be chapter to satisfactorily complete training pro- spouse of a veteran with a service-connected a small business concern owned and controlled vided by the National Veterans’ Employment disability rated as 100 percent disabling or who by veterans (as defined in subsection (k) of such and Training Services Institute during the dies as a result of a service-connected disability. section). three-year period that begins on the date on ‘‘(i) PRIORITY FOR CONTRACTING PREF- (c) COMPTROLLER GENERAL STUDY AND RE- which the employee is so assigned. ERENCES.—Preferences for awarding contracts to PORT.— ‘‘(B) For any employee described in subpara- small business concerns shall be applied in the (1) STUDY REQUIRED.—During the first three graph (A) who does not complete such training following order of priority: fiscal years for which this section is in effect, during such period, the Secretary may reduce by ‘‘(1) Contracts awarded pursuant to sub- the Comptroller General shall conduct a study an appropriate amount the amount made avail- section (b), (c), or (d) to small business concerns on the efforts made by the Secretary of Veterans able to the State employing that employee. owned and controlled by veterans with service- Affairs to meet the contracting goals established ‘‘(C) The Secretary may establish such reason- connected disabilities. pursuant to section 8127 of title 38, United able exceptions to the completion of training ‘‘(2) Contracts awarded pursuant to sub- States Code, as added by subsection (a). otherwise required under subparagraph (A) as section (b), (c), or (d) to small business concerns (2) INFORMATION TO CONGRESS ON STUDY.—On the Secretary considers appropriate.’’. owned and controlled by veterans that are not or before January 31 of each year during which (b) SUBMISSION OF EMPLOYEE TRAINING IN- covered by paragraph (1). the Comptroller General conducts the study FORMATION REQUIRED.—Section 4102A(c)(2)(A) ‘‘(3) Contracts awarded pursuant to— under paragraph (1), the Comptroller General is amended— ‘‘(A) section 8(a) of the Small Business Act (15 shall brief Congress on such study, placing spe- (1) by redesignating clause (iii) as clause (iv); U.S.C. 637(a)); or cial emphasis on any structural or organiza- and ‘‘(B) section 31 of such Act (15 U.S.C. 657a). tional issues within the Department of Veterans (2) by inserting after clause (ii) the following ‘‘(4) Contracts awarded pursuant to any other Affairs that might act as an impediment to new clause (iii): small business contracting preference. reaching such contracting goals. ‘‘(iii) For each employee of the State who is ‘‘(j) ANNUAL REPORTS.—Not later than Decem- (3) REPORT.—Not later than 180 days after the assigned to perform the duties of a disabled vet- ber 31 each year, the Secretary shall submit to end of the three-year period during which the erans’ outreach program specialist or a local Congress a report on small business contracting Comptroller General conducts the study under veterans’ employment representative under this during the fiscal year ending in such year. Each paragraph (1), the Comptroller General shall chapter— report shall include, for the fiscal year covered submit to Congress a report on the findings of ‘‘(I) the date on which the employee is so as- by such report, the following: such study. signed; and

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‘‘(II) whether the employee has satisfactorily ‘‘(b) IDENTIFICATION OF MILITARY OCCUPA- TITLE VII—HOMELESS VETERANS completed such training by the National Vet- TIONAL SPECIALTIES AND ASSOCIATED CREDEN- ASSISTANCE erans’ Employment and Training Services Insti- TIALS AND LICENSES.—(1) The Assistant Sec- SEC. 701. REAFFIRMATION OF NATIONAL GOAL TO tute as the Secretary requires for purposes of retary shall select not less than 10 military occu- END HOMELESSNESS AMONG VET- paragraph (8).’’. pational specialties for purposes of the dem- ERANS. (c) APPLICABILITY.—Paragraph (8) of section onstration project. Each specialty so selected by (a) REAFFIRMATION.—Congress reaffirms the 4102A(c) of title 38, United States Code, as the Assistant Secretary shall require a skill or national goal to end chronic homelessness added by subsection (a), and clause (iii) of sec- set of skills that is required for civilian employ- among veterans within a decade of the enact- tion 4102A(c)(2)(A) of such title, as added by ment in an industry with high growth or high ment of the Homeless Veterans Comprehensive subsection (b), shall apply with respect to a worker demand. Assistance Act of 2001 (Public Law 107–95; 115 State employee assigned to perform the duties of ‘‘(2) The Assistant Secretary shall consult Stat. 903). a disabled veterans’ outreach program specialist with appropriate Federal, State, and industry (b) REAFFIRMATION OF ENCOURAGEMENT OF or a local veterans’ employment representative officials to identify requirements for credentials, COOPERATIVE EFFORTS.—Congress reaffirms its under chapter 41 of such title who is so assigned certifications, and licenses that require a skill or encouragement, as specified in the Homeless on or after January 1, 2006. set of skills required by a military occupational Veterans Comprehensive Assistance Act of 2001 SEC. 602. RULES FOR PART-TIME EMPLOYMENT specialty selected under paragraph (1). (Public Law 107–95; 115 Stat. 903), that all departments and agencies of the Federal, State, FOR DISABLED VETERANS’ OUT- ‘‘(3) The Assistant Secretary shall analyze the and local governments, quasi-governmental or- REACH PROGRAM SPECIALISTS AND requirements identified under paragraph (2) to LOCAL VETERANS’ EMPLOYMENT ganizations, private and public sector entities, determine which requirements may be satisfied REPRESENTATIVES. including community-based organizations, by the skills, training, or experience acquired by (a) DISABLED VETERANS’ OUTREACH PROGRAM faith-based organizations, and individuals, members of the Armed Forces with the military SPECIALISTS.—Section 4103A is amended by add- work cooperatively to end chronic homelessness occupational specialties selected under para- ing at the end the following new subsection: among veterans. graph (1). ‘‘(c) PART-TIME EMPLOYEES.—A part-time dis- SEC. 702. SENSE OF CONGRESS ON THE RE- abled veterans’ outreach program specialist ‘‘(c) ELIMINATION OF BARRIERS TO SPONSE OF THE FEDERAL GOVERN- shall perform the functions of a disabled vet- CREDENTIALING AND LICENSURE.—The Assistant MENT TO THE NEEDS OF HOMELESS erans’ outreach program specialist under this Secretary shall cooperate with appropriate Fed- VETERANS. section on a half-time basis.’’. eral, State, and industry officials to reduce or It is the sense of Congress that— (b) LOCAL VETERANS’ EMPLOYMENT REP- eliminate any barriers to providing a credential, (1) homelessness is a significant problem in RESENTATIVES.—Section 4104 is amended— certification, or license to a veteran who ac- the veterans community and veterans are dis- (1) by redesignating subsection (d) as sub- quired any skill, training, or experience while proportionately represented among the homeless section (e); and serving as a member of the Armed Forces with a population; (2) by inserting after subsection (c) the fol- military occupational specialty selected under (2) while many effective programs assist home- lowing new subsection (d): subsection (b)(1) that satisfies the Federal and less veterans to become, once again, productive ‘‘(d) PART-TIME EMPLOYEES.—A part-time State requirements for the credential, certifi- and self-sufficient members of their communities local veterans’ employment representative shall cation, or license. and society, all the essential services, assist- perform the functions of a local veterans’ em- ‘‘(d) TASK FORCE.—The Assistant Secretary ance, and support that homeless veterans re- ployment representative under this section on a may establish a task force of individuals with quire are not currently provided; half-time basis.’’. appropriate expertise to provide assistance to (3) federally funded programs for homeless (c) EFFECTIVE DATE.—Section 4103A(c) of title the Assistant Secretary in carrying out this sec- veterans should be held accountable for achiev- 38, United States Code, as added by subsection tion. ing clearly defined results; (4) Federal efforts to assist homeless veterans (a), and section 4104(d) of such title, as amend- ‘‘(e) CONSULTATION.—In carrying out this sec- ed by subsection (b), shall apply with respect to should include prevention of homelessness; tion, the Assistant Secretary shall consult with (5) Federal efforts regarding homeless veterans pay periods beginning after the date that is 180 the Secretary of Defense, the Secretary of Vet- should be particularly vigorous where women days after the date of the enactment of this Act. erans Affairs, appropriate Federal and State of- veterans have minor children in their care; SEC. 603. PERFORMANCE INCENTIVE AWARDS ficials, private-sector employers, labor organiza- (6) Federal agencies, particularly the Depart- FOR EMPLOYMENT SERVICE OF- tions, and industry trade associations. ment of Veterans Affairs, the Department of FICES. ‘‘(f) CONTRACT AUTHORITY.—For purposes of Labor, and the Department of Housing and (a) PROVISION OF INCENTIVES TO EMPLOYMENT carrying out any part of the demonstration Urban Development, should cooperate more SERVICE OFFICES.—Section 4112 is amended— project under this section, the Assistant Sec- (1) in subsection (a)(1)(B), by inserting ‘‘and fully to address the problem of homelessness retary may enter into a contract with a public employment service offices’’ after ‘‘recognize eli- among veterans; and or private entity with appropriate expertise. (7) the programs reauthorized by this title pro- gible employees’’; and vide important housing and services to homeless (2) in subsection (c)— ‘‘(g) PERIOD OF PROJECT.—The period during veterans. (A) in paragraph (1), by striking ‘‘and’’ at the which the Assistant Secretary may carry out the end; demonstration project under this section shall be SEC. 703. AUTHORITY TO MAKE GRANTS FOR the period beginning on the date that is 60 days COMPREHENSIVE SERVICE PRO- (B) in paragraph (2)— GRAMS FOR HOMELESS VETERANS. (i) by striking ‘‘is’’ and inserting ‘‘in the case after the date of the enactment of the Veterans Benefits, Health Care, and Information Tech- (a) PERMANENT AUTHORITY.—Section 2011(a) of such an award made to an eligible employee, is amended— shall be’’; and nology Act of 2006 and ending on September 30, 2009. (1) by striking paragraph (2); and (ii) by striking the period at the end and in- (2) in paragraph (1)— serting the following: ‘‘; and’’; and ‘‘(h) FUNDING.—The Assistant Secretary may (A) by striking ‘‘(1)’’; and (C) by adding at the end the following new carry out the demonstration project under this (B) by redesignating subparagraphs (A) paragraph: section utilizing unobligated funds that are ap- through (D) as paragraphs (1) through (4), re- ‘‘(3) in the case of such an award made to an propriated in accordance with the authorization spectively. employment service office, may be used by that set forth in section 4106 of this title.’’. (b) AUTHORIZATION OF APPROPRIATIONS.—The employment service office for any purpose.’’. (2) CLERICAL AMENDMENT.—The table of sec- text of section 2013 is amended to read as fol- (b) CONFORMING AMENDMENT.—The heading tions at the beginning of such chapter is amend- lows: ‘‘There is authorized to be appropriated to for subsection (c) of such section is amended to ed by adding at the end the following new item: carry out this subchapter $130,000,000 for fiscal DMINISTRATION AND USE OF read as follows: ‘‘A ‘‘4114. Credentialing and licensure of veterans: year 2007 and each fiscal year thereafter.’’. AWARDS.—’’. demonstration project.’’. SEC. 704. EXTENSION OF TREATMENT AND REHA- SEC. 604. DEMONSTRATION PROJECT ON BILITATION FOR SERIOUSLY MEN- CREDENTIALING AND LICENSURE OF (b) MEMBERSHIP OF ADVISORY COMMITTEE ON TALLY ILL AND HOMELESS VET- VETERANS. VETERANS EMPLOYMENT, TRAINING, AND EM- ERANS. (a) ESTABLISHMENT OF DEMONSTRATION PLOYER OUTREACH.—Section 4110(c)(1)(A) is (a) EXTENSION OF AUTHORITY FOR GENERAL PROJECT.— amended— TREATMENT.—Section 2031(b) is amended by (1) IN GENERAL.—Chapter 41 is amended by (1) by striking ‘‘Six’’ and inserting ‘‘Seven’’; striking ‘‘December 31, 2006’’ and inserting ‘‘De- adding at the end the following new section: and cember 31, 2011’’. (b) EXTENSION OF AUTHORITY FOR ADDITIONAL ‘‘§ 4114. Credentialing and licensure of vet- (2) by adding at the end the following new SERVICES.—Section 2033(d) is amended by strik- erans: demonstration project clause: ing ‘‘December 31, 2006’’ and inserting ‘‘Decem- ‘‘(vii) The National Governors Association.’’. ‘‘(a) DEMONSTRATION PROJECT AUTHORIZED.— ber 31, 2011’’. The Assistant Secretary for Veterans’ Employ- SEC. 605. DEPARTMENT OF LABOR IMPLEMENTA- SEC. 705. EXTENSION OF AUTHORITY FOR TRANS- ment and Training may carry out a demonstra- TION OF REGULATIONS FOR PRI- FER OF PROPERTIES OBTAINED tion project on credentialing in accordance with ORITY OF SERVICE. THROUGH FORECLOSURE OF HOME this section for the purpose of facilitating the Not later than two years after the date of the MORTGAGES. seamless transition of members of the Armed enactment of this Act, the Secretary of Labor Section 2041(c) is amended by striking ‘‘De- Forces from service on active duty to civilian shall prescribe regulations to implement section cember 31, 2008’’ and inserting ‘‘December 31, employment. 4215 of title 38, United States Code. 2011’’.

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00167 Fmt 4624 Sfmt 6333 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11814 CONGRESSIONAL RECORD — SENATE December 8, 2006 SEC. 706. EXTENSION OF FUNDING FOR GRANT TITLE VIII—CONSTRUCTION MATTERS Center, Gainesville, Florida, in an amount not PROGRAM FOR HOMELESS VET- Subtitle A—Construction and Lease to exceed $85,200,000. ERANS WITH SPECIAL NEEDS. Authorities (6) 7th and 8th floor wards modernization ad- Section 2061(c)(1) is amended— dition at the Department of Veterans Affairs (1) by striking ‘‘Medical Care’’ and inserting SEC. 801. AUTHORIZATION OF FISCAL YEAR 2006 MAJOR MEDICAL FACILITY Medical Center, Indianapolis, Indiana, in an ‘‘Medical Services’’; and PROJECTS. amount not to exceed $27,400,000. (2) by striking ‘‘fiscal years 2003, 2004, and (a) IN GENERAL.—The Secretary of Veterans (7) Construction of a new Medical Center Fa- 2005’’ and inserting ‘‘fiscal years 2007 through Affairs may carry out the following major med- cility at the Department of Veterans Affairs 2011’’. ical facility projects in fiscal year 2006, with Medical Center, Las Vegas, Nevada, in an SEC. 707. EXTENSION OF FUNDING FOR HOME- each project to be carried out in the amount amount not to exceed $406,000,000. LESS VETERAN SERVICE PROVIDER specified for that project: (8) Construction of an ambulatory surgery/ TECHNICAL ASSISTANCE PROGRAM. (1) Restoration, new construction or replace- outpatient diagnostic support center in the Gulf Subsection (b) of section 2064 is amended to ment of the medical center facility for the De- South Submarket of Veterans Integrated Service read as follows: partment of Veterans Affairs Medical Center, Network (VISN) 8 and completion of Phase I ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— New Orleans, Louisiana, due to damage from land purchase, Lee County, Florida, in an There are authorized to be appropriated Hurricane Katrina in an amount not to exceed amount not to exceed $65,100,000. $1,000,000 for each of fiscal years 2007 through $300,000,000. The Secretary is authorized to (9) Seismic corrections, Buildings 7 and 126 at 2012 to carry out the program under this sec- carry out the project in or near New Orleans as the Department of Veterans Affairs Medical tion.’’. a collaborative effort consistent with the New Center, Long Beach, California, in an amount SEC. 708. ADDITIONAL ELEMENT IN ANNUAL RE- Orleans Collaborative Opportunities Study not to exceed $107,845,000. PORT ON ASSISTANCE TO HOMELESS Group Report dated June 12, 2006. (10) Seismic Corrections, Buildings 500 and 501 VETERANS. (2) Restoration of the Department of Veterans at the Department of Veterans Affairs Medical Section 2065(b) is amended— Affairs Medical Center, Biloxi, Mississippi, and Center, Los Angeles, California, in an amount (1) by redesignating paragraph (5) as para- consolidation of services performed at the De- not to exceed $79,900,000. graph (6); and partment of Veterans Affairs Medical Center, (11) Construction of a new medical center fa- (2) by inserting after paragraph (4) the fol- Gulfport, Mississippi, in an amount not to ex- cility in the Orlando, Florida, area in an lowing new paragraph (5): ceed $310,000,000. amount not to exceed $377,700,000. ‘‘(5) Information on the efforts of the Sec- (3) Replacement of the Department of Vet- (12) Consolidation of campuses at the Univer- retary to coordinate the delivery of housing and erans Affairs Medical Center, Denver, Colorado, sity Drive and H. John Heinz III divisions, services to homeless veterans with other Federal in an amount not to exceed $98,000,000. Pittsburgh, Pennsylvania, in an amount not to departments and agencies, including— (b) REPORT ON REPLACEMENT OF DEPARTMENT exceed $189,205,000. ‘‘(A) the Department of Defense; OF VETERANS AFFAIRS MEDICAL CENTER, DEN- (13) Ward upgrades and expansion at the De- ‘‘(B) the Department of Health and Human VER, COLORADO.—Not later than 180 days after partment of Veterans Affairs Medical Center, Services; the date of the enactment of this Act, the Sec- San Antonio, Texas, in an amount not to exceed ‘‘(C) the Department of Housing and Urban retary of Veterans Affairs shall submit to the $19,100,000. Development; Committee on Veterans’ Affairs of the Senate (14) Construction of a spinal cord injury cen- ‘‘(D) the Department of Justice; and the Committee on Veterans’ Affairs of the ter at the Department of Veterans Affairs Med- ‘‘(E) the Department of Labor; House of Representatives a report identifying ical Center, Syracuse, New York, in an amount ‘‘(F) the Interagency Council on Homeless- and outlining the various options available to not to exceed $77,700,000. ness; the Department of Veterans Affairs for replac- (15) Upgrade essential electrical distribution ‘‘(G) the Social Security Administration; and ing the current Department of Veterans Affairs systems at the Department of Veterans Affairs ‘‘(H) any other Federal department or agency Medical Center, Denver, Colorado. The report Medical Center, Tampa, Florida, in an amount with which the Secretary coordinates the deliv- shall include the following: not to exceed $49,000,000. ery of housing and services to homeless vet- (1) The feasibility of entering into a partner- (16) Expansion of the spinal cord injury cen- erans.’’. ship with a Federal, State, or local govern- ter addition at the Department of Veterans Af- SEC. 709. ADVISORY COMMITTEE ON HOMELESS mental agency, or a suitable non-profit organi- fairs Medical Center, Tampa, Florida, in an VETERANS. zation, for the construction and operation of a amount not to exceed $7,100,000. (a) ADDITIONAL EX OFFICIO MEMBERS.—Sub- new facility. (17) Blind Rehabilitation and Psychiatric Bed section (a)(3) of section 2066 is amended by add- (2) The medical, legal, and financial implica- renovation and new construction project at the ing at the end the following new subpara- tions of each of the options identified, including Department of Veterans Affairs Medical Center, graphs: recommendations regarding any statutory Temple, Texas, in an amount not to exceed ‘‘(E) The Executive Director of the Inter- changes necessary for the Department of Vet- $56,000,000. agency Council on Homelessness (or a represent- erans Affairs to carry out any of the options SEC. 803. AUTHORIZATION OF FISCAL YEAR 2007 ative of the Executive Director). identified. MAJOR MEDICAL FACILITY ‘‘(F) The Under Secretary for Health (or a (3) A detailed cost-benefit analysis of each of PROJECTS. representative of the Under Secretary after con- the options identified. The Secretary of Veterans Affairs may carry sultation with the Director of the Office of (4) Estimates regarding the length of time and out the following major medical facility projects Homeless Veterans Programs). associated costs needed to complete such a facil- in fiscal year 2007 in the amount specified for ‘‘(G) The Under Secretary for Benefits (or a ity under each of the options identified. each project: representative of the Under Secretary after con- SEC. 802. EXTENSION OF AUTHORIZATION FOR (1) Seismic Corrections, Nursing Home Care sultation with the Director of the Office of CERTAIN MAJOR MEDICAL FACILITY Unit and Dietetics at the Department of Vet- Homeless Veterans Programs).’’. CONSTRUCTION PROJECTS PRE- erans Affairs Medical Center, American Lake, VIOUSLY AUTHORIZED IN CONNEC- (b) EXTENSION.—Subsection (d) of such section TION WITH CAPITAL ASSET REALIGN- Washington, in an amount not to exceed is amended by striking ‘‘December 31, 2006’’ and MENT INITIATIVE. $38,220,000. inserting ‘‘December 30, 2011’’. The Secretary of Veterans Affairs may carry (2) Replacement of Operating Suite at the De- SEC. 710. RENTAL ASSISTANCE VOUCHERS FOR out the following major medical facility projects, partment of Veterans Affairs Medical Center, VETERANS AFFAIRS SUPPORTED with each such project to be carried out in the Columbia, Missouri, in an amount not to exceed HOUSING PROGRAM. amount specified for that project: $25,830,000. Section (8)(o)(19)(B) of the United States (1) Construction of an outpatient clinic and (3) Construction of a new clinical addition at Housing Act of 1937 (42 U.S.C. 1437f(o)(19)(B)) is regional office at the Department of Veterans the Department of Veterans Affairs Medical amended to read as follows: Affairs Medical Center, Anchorage, Alaska, in Center, Fayetteville, Arkansas, in an amount ‘‘(B) AMOUNT.—The amount specified in this an amount not to exceed $75,270,000. not to exceed $56,163,000. subparagraph is— (2) Consolidation of clinical and administra- (4) Construction of Spinal Cord Injury Center ‘‘(i) for fiscal year 2007, the amount necessary tive functions of the Department of Veterans Af- at the Department of Veterans Affairs Medical to provide 500 vouchers for rental assistance fairs Medical Center, Cleveland, Ohio, and the Center, Milwaukee, Wisconsin, in an amount under this subsection; Department of Veterans Affairs Medical Center not to exceed $32,500,000. ‘‘(ii) for fiscal year 2008, the amount nec- in Brecksville, Ohio, in an amount not to exceed (5) Medical facility improvements and ceme- essary to provide 1,000 vouchers for rental as- $102,300,000. tery expansion of Jefferson Barracks at the De- sistance under this subsection; (3) Construction of the Extended Care Build- partment of Veterans Affairs Medical Center, St. ‘‘(iii) for fiscal year 2009, the amount nec- ing at the Department of Veterans Affairs Med- Louis, Missouri, in an amount not to exceed essary to provide 1,500 vouchers for rental as- ical Center, Des Moines, Iowa, in an amount $69,053,000. sistance under this subsection; not to exceed $25,000,000. SEC. 804. AUTHORIZATION OF ADVANCE PLAN- ‘‘(iv) for fiscal year 2010, the amount nec- (4) Renovation of patient wards at the De- NING AND DESIGN FOR A MAJOR essary to provide 2,000 vouchers for rental as- partment of Veterans Affairs Medical Center, MEDICAL FACILITY, CHARLESTON, sistance under this subsection; and Durham, North Carolina, in an amount not to SOUTH CAROLINA. ‘‘(v) for fiscal year 2011, the amount necessary exceed $9,100,000. (a) AGREEMENT AUTHORIZED.—The Secretary to provide 2,500 vouchers for rental assistance (5) Correction of patient privacy deficiencies of Veterans Affairs may enter into an agreement under this subsection.’’. at the Department of Veterans Affairs Medical with the Medical University of South Carolina

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to design, and plan for the operation of, a co- Care account, $24,990,000 for the leases author- (b) CLERICAL AMENDMENT.—The table of sec- located joint-use medical facility in Charleston, ized in section 805. tions at the beginning of such chapter is amend- South Carolina, to replace the Ralph H. John- (2) FISCAL YEAR 2007 LEASES.—There is authored by inserting after the item relating to section son Department of Veterans Affairs Medical ized to be appropriated for the Secretary of Vet- 312 the following new item: Center, Charleston, South Carolina. erans Affairs for fiscal year 2007 for the Medical ‘‘312A. Director of Construction and Facilities (b) COST LIMITATION.—Advance planning and Care account, $26,642,000 for the leases author- Management.’’. ized in section 806. design for a co-located, joint-use medical facility SEC. 812. INCREASE IN THRESHOLD FOR MAJOR IMITATION in Charleston, South Carolina, under subsection (f) L .—The projects authorized in MEDICAL FACILITY PROJECTS. sections 801(a) and 802 may only be carried out (a) shall be carried out in an amount not to ex- Section 8104(a)(3)(A) is amended by striking using— ceed $36,800,000. ‘‘$7,000,000’’ and inserting ‘‘$10,000,000’’. (c) LIMITATION ON NAMING.—A joint-use med- (1) funds appropriated for fiscal year 2006 or 2007 pursuant to the authorization of appropria- SEC. 813. LAND CONVEYANCE, CITY OF FORT ical facility referred to in subsection (a) may not THOMAS, KENTUCKY. be named by the Secretary of Veterans Affairs tions in subsections (a), (b), and (c) of this sec- (a) CONVEYANCE AUTHORIZED.—The Secretary or any other entity after any living Member or tion; (2) funds available for Construction, Major of Veterans Affairs may convey to the city of former Member of the Senate or House of Rep- Fort Thomas, Kentucky (in this section referred resentatives. Projects, for a fiscal year before fiscal year 2006 that remain available for obligation; to as the ‘‘City’’), all right, title, and interest of SEC. 805. AUTHORIZATION OF FISCAL YEAR 2006 the United States in and to a parcel of real MAJOR MEDICAL FACILITY LEASES. (3) funds available for Construction, Major Projects, for a fiscal year after fiscal year 2006 property, including the 15 structures located The Secretary of Veterans Affairs may carry or 2007 that are available for obligation; and thereon, consisting of approximately 11.75 acres out the following major medical facility leases in (4) funds appropriated for Construction, that is managed by the Department of Veterans fiscal year 2006 at the locations specified, and in Major Projects, for fiscal year 2006 or 2007 for a Affairs and located in the northeastern portion an amount for each lease not to exceed the category of activity not specific to a project. of Tower Park in Fort Thomas, Kentucky. Any amount shown for such location: Subtitle B—Facilities Administration such conveyance shall be subject to valid exist- (1) For an outpatient clinic, Baltimore, Mary- ing rights, easements, and rights-of-way. SEC. 811. DIRECTOR OF CONSTRUCTION AND FA- land, $10,908,000. (b) CONSIDERATION.—As consideration for the CILITIES MANAGEMENT. (2) For an outpatient clinic, Evansville, Indi- conveyance under subsection (a), the City shall (a) ESTABLISHMENT OF POSITION.—Chapter 3 ana, $8,989,000. pay to the United States an amount equal to the is amended by inserting after section 312 the fol- (3) For an outpatient clinic, Smith County, fair market value of the conveyed real property, lowing new section: Texas, $5,093,000. as determined by the Secretary. SEC. 806. AUTHORIZATION OF FISCAL YEAR 2007 ‘‘§ 312A. Director of Construction and Facili- (c) TREATMENT OF CONSIDERATION.—The con- MAJOR MEDICAL FACILITY LEASES. ties Management sideration received under subsection (b) shall be The Secretary of Veterans Affairs may carry ‘‘(a) IN GENERAL.—(1) There is in the Depart- deposited, at the discretion of the Secretary, in out the following major medical facility leases in ment a Director of Construction and Facilities the ‘‘Medical Facilities’’ account or the ‘‘Con- fiscal year 2007 at the locations specified, and in Management, who shall be appointed by the struction, Minor Projects’’ account (or a com- an amount for each lease not to exceed the Secretary. bination of those accounts) and shall be avail- amount shown for such location: ‘‘(2) The position of Director of Construction able to the Secretary, without limitation and (1) For an outpatient and specialty care clin- and Facilities Management is a career reserved until expended— ic, Austin, Texas, $6,163,000. position, as such term is defined in section (1) to cover costs incurred by the Secretary as- (2) For an outpatient clinic, Lowell, Massa- 3132(a)(8) of title 5. sociated with the environmental remediation of chusetts, $2,520,000. ‘‘(3) The Director shall provide direct support the real property before conveyance under sub- (3) For an outpatient clinic, Grand Rapids, to the Secretary in matters covered by the re- section (a); and Michigan, $4,409,000. sponsibilities of the Director under subsection (2) with any funds remaining after the Sec- (4) For up to four outpatient clinics, Las (c). retary has covered costs as required under para- Vegas, Nevada, $8,518,000. ‘‘(4) The Director shall report to the Deputy graph (1), for acquisition of a site for use as a (5) For an outpatient clinic, Parma, Ohio, Secretary in the discharge of the responsibilities parking facility, or contract (by lease or other- $5,032,000. of the Director under subsection (c). wise) for the operation of a parking facility, to SEC. 807. AUTHORIZATION OF APPROPRIATIONS. ‘‘(b) QUALIFICATIONS.—Each individual ap- be used in connection with the Department of (a) AUTHORIZATION OF APPROPRIATIONS FOR pointed as Director of Construction and Facili- Veterans Affairs Medical Facility, Cincinnati, FISCAL YEAR 2006 MAJOR MEDICAL FACILITY ties Management shall be an individual who— Ohio. ‘‘(1) holds an undergraduate or master’s de- PROJECTS.—There is authorized to be appro- (d) RELEASE FROM LIABILITY.—Effective on priated to the Secretary of Veterans Affairs for gree in architectural design or engineering; and the date of the conveyance under subsection (a), ‘‘(2) has substantive professional experience in fiscal year 2006 for the Construction, Major the United States shall not be liable for damages the area of construction project management. Projects, account, $708,000,000 for the projects arising out of any act, omission, or occurrence ‘‘(c) RESPONSIBILITIES.—(1) The Director of authorized in section 801(a). relating to the conveyed real property, but shall Construction and Facilities Management shall— (b) AUTHORIZATION OF APPROPRIATIONS FOR ‘‘(A) be responsible for overseeing and man- continue to be liable for damages caused by acts MAJOR MEDICAL FACILITY PROJECTS UNDER aging the planning, design, construction, and of negligence committed by the United States or CAPITAL ASSET REALIGNMENT INITIATIVE.— operation of facilities and infrastructure of the by any employee or agent of the United States (1) AUTHORIZATION OF APPROPRIATIONS.— Department, including major and minor con- before the date of conveyance, consistent with There is authorized to be appropriated for the struction projects; and chapter 171 of title 28, United States Code. Secretary of Veterans Affairs for fiscal year 2007 ‘‘(B) perform such other functions as the Sec- (e) PAYMENT OF COSTS OF CONVEYANCE.— for the Construction, Major Projects, account, retary shall prescribe. (1) PAYMENT REQUIRED.—The Secretary shall $1,758,920,000 for the projects whose authoriza- ‘‘(2) In carrying out the oversight and man- require the City to cover costs to be incurred by tion is extended by section 802. agement of construction and operation of facili- the Secretary, or to reimburse the Secretary for (2) AVAILABILITY.—Amounts appropriated ties and infrastructure under this section, the costs incurred by the Secretary, to carry out the pursuant to the authorization of appropriations Director shall be responsible for the following: conveyance under subsection (a), including sur- in paragraph (1) shall remain available until ‘‘(A) Development and updating of short- vey costs, costs related to environmental docu- September 30, 2009. range and long-range strategic capital invest- mentation, and other administrative costs re- (c) AUTHORIZATION OF APPROPRIATIONS FOR ment strategies and plans of the Department. lated to the conveyance. If amounts are col- FISCAL YEAR 2007 MAJOR MEDICAL FACILITY ‘‘(B) Planning, design, and construction of fa- lected from the City in advance of the Secretary PROJECTS.—There is authorized to be appro- cilities for the Department, including deter- incurring the actual costs, and the amount col- priated to the Secretary of Veterans Affairs for mining architectural and engineering require- lected exceeds the costs actually incurred by the fiscal year 2007 for the Construction, Major ments and ensuring compliance of the Depart- Secretary to carry out the conveyance, the Sec- Projects, account, $221,766,000 for the projects ment with applicable laws relating to the con- retary shall refund the excess amount to the authorized in section 803. struction program of the Department. City. (d) AUTHORIZATION OF APPROPRIATIONS FOR ‘‘(C) Management of the short-term and long- (2) TREATMENT OF AMOUNTS RECEIVED.— ADVANCE PLANNING AND DESIGN FOR MAJOR term leasing of real property by the Department. Amounts received as reimbursement under para- MEDICAL FACILITY, CHARLESTON, SOUTH CARO- ‘‘(D) Repair and maintenance of facilities of graph (1) shall be credited to the fund or ac- LINA.—There is authorized to be appropriated to the Department, including custodial services, count that was used to cover the costs incurred the Secretary of Veterans Affairs for the Con- building management and administration, and by the Secretary in carrying out the convey- struction, Major Projects, account, $36,800,000 maintenance of roads, grounds, and infrastruc- ance. Amounts so credited shall be merged with for the advance planning and design authorized ture. amounts in such fund or account and shall be in section 804. ‘‘(E) Management of procurement and acqui- available for the same purposes, and subject to (e) AUTHORIZATION OF APPROPRIATIONS FOR sition processes relating to the construction and the same conditions and limitations, as amounts MAJOR MEDICAL FACILITY LEASES.— operation of facilities of the Department, includ- in such fund or account. (1) FISCAL YEAR 2006 LEASES.—There is authoring the award of contracts related to design, (f) DESCRIPTION OF PROPERTY.—The exact ized to be appropriated for the Secretary of Vet- construction, furnishing, and supplies and acreage and legal description of the real prop- erans Affairs for fiscal year 2006 for the Medical equipment.’’. erty to be conveyed under subsection (a) shall be

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determined by a survey satisfactory to the Sec- (b) MATTERS TO BE INCLUDED.—The report other users of VA sensitive data and Depart- retary. under subsection (a) shall include the following: ment information systems that identifies the in- (g) ADDITIONAL TERMS AND CONDITIONS.—The (1) The feasibility of entering into a partner- formation security risks associated with the ac- Secretary may require such additional terms ship with Eglin Air Force Base for the construc- tivities of such employees, contractors, and and conditions in connection with the convey- tion and operation of a new, joint Department users and the responsibilities of such employees, ance under subsection (a) as the Secretary con- of Veterans Affairs-Department of Defense facil- contractors, and users to comply with Depart- siders necessary to protect the interests of the ity. ment policies and procedures designed to reduce United States. (2) The medical, legal, and financial implica- such risks. tions of each of the options identified, including ‘‘(6) Periodic testing and evaluation of the ef- Subtitle C—Reports on Medical Facility recommendations regarding any statutory fectiveness of security controls based on risk, in- Improvements changes necessary for the Department of Vet- cluding triennial certification testing of all man- SEC. 821. REPORT ON OPTION FOR MEDICAL FA- erans Affairs to carry out any of the options agement, operational, and technical controls, CILITY IMPROVEMENTS IN SAN identified. and annual testing of a subset of those controls JUAN, PUERTO RICO. (3) A detailed cost-benefit analysis of each of for each Department system. Not later than 180 days after the date of the the options identified. ‘‘(7) A process for planning, developing, im- enactment of this Act, the Secretary of Veterans (4) Estimates regarding the length of time and plementing, evaluating, and documenting reme- Affairs shall submit to the Committee on Vet- associated costs needed to complete such a facil- dial actions to address deficiencies in informa- erans’ Affairs of the Senate and the Committee ity under each of the options identified. tion security policies, procedures, and practices. on Veterans’ Affairs of the House of Representa- TITLE IX—INFORMATION SECURITY ‘‘(8) Procedures for detecting, immediately re- tives a report identifying and outlining the var- MATTERS porting, and responding to security incidents, ious options available to the Department of Vet- including mitigating risks before substantial erans Affairs for replacing the current Depart- SEC. 901. SHORT TITLE. damage is done as well as notifying and con- ment of Veterans Affairs Medical Center, San This title may be cited as the ‘‘Department of sulting with the US-Computer Emergency Read- Juan, Puerto Rico. The report shall not affect Veterans Affairs Information Security Enhance- iness Team of the Department of Homeland Se- current contracts at the current site, and the re- ment Act of 2006’’. curity, law enforcement agencies, the Inspector port shall include the following: SEC. 902. DEPARTMENT OF VETERANS AFFAIRS General of the Department, and other offices as (1) The feasibility of entering into a partner- INFORMATION SECURITY PROGRAMS appropriate. ship with a Federal, Commonwealth, or local AND REQUIREMENTS. ‘‘(9) Plans and procedures to ensure con- governmental agency, or a suitable non-profit (a) INFORMATION SECURITY PROGRAMS AND tinuity of operations for Department systems. organization, for the construction and operation REQUIREMENTS.—Chapter 57 is amended by add- ‘‘(c) COMPLIANCE WITH CERTAIN REQUIRE- of a new facility. ing at the end the following new subchapter: MENTS.—The Secretary shall comply with the (2) The medical, legal, and financial implica- ‘‘SUBCHAPTER III—INFORMATION provisions of subchapter III of chapter 35 of title tions of each of the options identified, including SECURITY 44 and other related information security re- recommendations regarding any statutory ‘‘§ 5721. Purpose quirements promulgated by the National Insti- changes necessary for the Department to carry ‘‘The purpose of the Information Security tute of Standards and Technology and the Of- out any of the options identified. Program is to establish a program to provide se- fice of Management and Budget that define De- (3) A detailed cost-benefit analysis of each of curity for Department information and informa- partment information system mandates. the options identified. tion systems commensurate to the risk of harm, ‘‘§ 5723. Responsibilities (4) Estimates regarding the length of time and and to communicate the responsibilities of the ‘‘(a) SECRETARY OF VETERANS AFFAIRS.—In associated costs needed to complete such a facil- Secretary, Under Secretaries, Assistant Secre- accordance with the provisions of subchapter III ity under each of the options identified. taries, other key officials, Assistant Secretary of chapter 35 of title 44, the Secretary is respon- SEC. 822. BUSINESS PLANS FOR ENHANCED AC- for Information and Technology, Associate Dep- sible for the following: CESS TO OUTPATIENT CARE IN CER- uty Assistant Secretary for Cyber and Informa- ‘‘(1) Ensuring that the Department adopts a TAIN RURAL AREAS. tion Security, and Inspector General of the De- Department-wide information security program (a) REQUIREMENT.—Not later than 180 days partment of Veterans Affairs as outlined in the and otherwise complies with the provisions of after the date of the enactment of this Act, the provisions of subchapter III of chapter 35 of title subchapter III of chapter 35 of title 44 and other Secretary of Veterans Affairs shall submit to the 44 (also known as the ‘Federal Information Se- related information security requirements. Committee on Veterans’ Affairs of the Senate curity Management Act of 2002’, which was en- ‘‘(2) Ensuring that information security pro- and the Committee on Veterans’ Affairs of the acted as part of the E-Government Act of 2002 tections are commensurate with the risk and House of Representatives a business plan for en- (Public Law 107–347)). magnitude of the potential harm to Department information and information systems resulting hanced access to outpatient care (as described ‘‘§ 5722. Policy in subsection (b)) for primary care, mental from unauthorized access, use, disclosure, dis- ‘‘(a) IN GENERAL.—The security of Depart- health care, and specialty care in each of the ruption, modification, or destruction. ment information and information systems is following areas: ‘‘(3) Ensuring that information security man- vital to the success of the mission of the Depart- (1) The Lewiston-Auburn area of Maine. agement processes are integrated with Depart- ment. To that end, the Secretary shall establish (2) The area of Houlton, Maine. ment strategic and operational planning proc- and maintain a comprehensive Department-wide esses. (3) The area of Dover-Foxcroft, Maine. information security program to provide for the ‘‘(4) Ensuring that the Under Secretaries, As- (4) Whiteside County, Illinois. development and maintenance of cost-effective sistant Secretaries, and other key officials of the (b) MEANS OF ENHANCED ACCESS.—The means security controls needed to protect Department Department provide adequate security for the of enhanced access to outpatient care to be cov- information, in any media or format, and De- information and information systems under ered by the business plans under subsection (a) partment information systems. their control. are, with respect to each area specified in that ‘‘(b) ELEMENTS.—The Secretary shall ensure ‘‘(5) Ensuring enforcement and compliance subsection, one or more of the following: that the Department information security pro- with the requirements imposed on the Depart- (1) New sites of care. gram includes the following elements: ment under the provisions of subchapter III of (2) Expansions at existing sites of care. ‘‘(1) Periodic assessments of the risk and mag- chapter 35 of title 44. (3) Use of existing authority and policies to nitude of harm that could result from the unau- ‘‘(6) Ensuring that the Department has contract for care where necessary. thorized access, use, disclosure, disruption, trained program and staff office personnel suffi- (4) Increased use of telemedicine. modification, or destruction of information and cient to assist in complying with all the provi- SEC. 823. REPORT ON OPTION FOR CONSTRUC- information systems that support the operations sions of subchapter III of chapter 35 of title 44 TION OF DEPARTMENT OF VET- and assets of the Department. and other related information security require- ERANS AFFAIRS MEDICAL CENTER ‘‘(2) Policies and procedures that— ments. IN OKALOOSA COUNTY, FLORIDA. ‘‘(A) are based on risk assessments; ‘‘(7) Ensuring that the Assistant Secretary for (a) FEASIBILITY STUDY.—Not later than 180 ‘‘(B) cost-effectively reduce security risks to Information and Technology, in coordination days after the date of the enactment of this Act, an acceptable level; and with the Under Secretaries, Assistant Secre- the Secretary of Veterans Affairs shall submit to ‘‘(C) ensure that information security is ad- taries, and other key officials of the Department the Committee on Veterans’ Affairs and the dressed throughout the life cycle of each De- report to Congress, the Office of Management Committee on Armed Services of the Senate of partment information system. and Budget, and other entities as required by the Senate and the Committee on Veterans’ Af- ‘‘(3) Selection and effective implementation of law and Executive Branch direction on the ef- fairs and the Committee on Armed Services of minimum, mandatory technical, operational, fectiveness of the Department information secu- the House of Representatives of the House of and management security controls, or other rity program, including remedial actions. Representatives a report identifying and out- compensating countermeasures, to protect the ‘‘(8) Notifying officials other than officials of lining the various options available to the De- confidentiality, integrity, and availability of the Department of data breaches when required partment of Veterans Affairs for the placement each Department system and its information. under this subchapter. of a Department of Veterans Affairs Medical ‘‘(4) Subordinate plans for providing adequate ‘‘(9) Ensuring that the Assistant Secretary for Center in Okaloosa County, Florida. The report security for networks, facilities, systems, or Information and Technology has the authority shall be prepared in conjunction with the Sec- groups of information systems, as appropriate. and control necessary to develop, approve, im- retary of Defense and the Secretary of the Air ‘‘(5) Annual security awareness training for plement, integrate, and oversee the policies, pro- Force. all Department employees, contractors, and all cedures, processes, activities, and systems of the

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Assistant Secretary for Cyber and Information basis. ‘‘(b) ASSISTANT SECRETARY FOR INFORMATION Security, as the Senior Information Security Of- ‘‘(f) USERS OF DEPARTMENT INFORMATION AND AND TECHNOLOGY.—The Assistant Secretary for ficer of the Department, is responsible for car- INFORMATION SYSTEMS.—Users of Department Information and Technology, as the Chief Infor- rying out the responsibilities of the Assistant information and information systems are re- mation Officer of the Department, is responsible Secretary for Information and Technology sponsible for the following: for the following: under the provisions of subchapter III of chap- ‘‘(1) Complying with all Department informa- ‘‘(1) Establishing, maintaining, and moni- ter 35 of title 44, as set forth in subsection (b). tion security program policies, procedures, and toring Department-wide information security ‘‘(d) DEPARTMENT INFORMATION OWNERS.—In practices. policies, procedures, control techniques, train- accordance with the criteria of the Centralized ‘‘(2) Attending security awareness training on ing, and inspection requirements as elements of IT Management System, Department informa- at least an annual basis. the Department information security program. tion owners are responsible for the following: ‘‘(3) Reporting all security incidents imme- ‘‘(2) Issuing policies and handbooks to provide ‘‘(1) Providing assistance to the Assistant Sec- diately to the Information Security Officer of direction for implementing the elements of the retary for Information and Technology regard- the system or facility and to their immediate su- information security program to all Department ing the security requirements and appropriate pervisor. organizations. level of security controls for the information sys- ‘‘(4) Complying with orders from the Assistant ‘‘(3) Approving all policies and procedures tem or systems where sensitive personal informa- Secretary for Information and Technology di- that are related to information security for those tion is currently created, collected, processed, recting specific activities when a security inci- areas of responsibility that are currently under disseminated, or subject to disposal. dent occurs. the management and the oversight of other De- ‘‘(2) Determining who has access to the system ‘‘(5) Signing an acknowledgment that they partment organizations. or systems containing sensitive personal infor- have read, understand, and agree to abide by ‘‘(4) Ordering and enforcing Department-wide mation, including types of privileges and access the VA National Rules of Behavior on an an- compliance with and execution of any informa- rights. nual basis. tion security policy. ‘‘(3) Ensuring the VA National Rules of Be- ‘‘(g) INSPECTOR GENERAL OF DEPARTMENT OF ‘‘(5) Establishing minimum mandatory tech- havior is signed on an annual basis and en- VETERANS AFFAIRS.—In accordance with the nical, operational, and management information forced by all system users to ensure appropriate provisions of subchapter III of chapter 35 of title security control requirements for each Depart- use and protection of the information which is 44, the Inspector General of the Department is ment system, consistent with risk, the processes used to support Department missions and func- responsible for the following: identified in standards of the National Institute tions. ‘‘(1) Conducting an annual audit of the De- of Standards and Technology, and the respon- ‘‘(4) Assisting the Assistant Secretary for In- partment information security program. sibilities of the Assistant Secretary to operate formation and Technology in the identification ‘‘(2) Submitting an independent annual report and maintain all Department systems currently and assessment of the common security controls to the Office of Management and Budget on the creating, processing, collecting, or disseminating for systems where their information resides. status of Department information security pro- data on behalf of Department information own- ‘‘(5) Providing assistance to Administration gram, based on the results of the annual audit. ers. and staff office personnel involved in the devel- ‘‘(3) Conducting investigations of complaints ‘‘(6) Establishing standards for access to De- opment of new systems regarding the appro- and referrals of violations as considered appro- partment information systems by organizations priate level of security controls for their infor- priate by the Inspector General. and individual employees, and to deny access as mation. appropriate. ‘‘(e) OTHER KEY OFFICIALS.—In accordance ‘‘§ 5724. Provision of credit protection and ‘‘(7) Directing that any incidents of failure to with the provisions of subchapter III of chapter other services comply with established information security 35 of title 44, the Under Secretaries, Assistant ‘‘(a) INDEPENDENT RISK ANALYSIS.—(1) In the policies be immediately reported to the Assistant Secretaries, and other key officials of the De- event of a data breach with respect to sensitive Secretary. partment are responsible for the following: personal information that is processed or main- ‘‘(8) Reporting any compliance failure or pol- ‘‘(1) Implementing the policies, procedures, tained by the Secretary, the Secretary shall en- icy violation directly to the appropriate Under practices, and other countermeasures identified sure that, as soon as possible after the data Secretary, Assistant Secretary, or other key offi- in the Department information security program breach, a non-Department entity or the Office cial of the Department for appropriate adminis- that comprise activities that are under their of Inspector General of the Department con- trative or disciplinary action. day-to-day operational control or supervision. ducts an independent risk analysis of the data ‘‘(9) Reporting any compliance failure or pol- ‘‘(2) Periodically testing and evaluating infor- breach to determine the level of risk associated icy violation directly to the appropriate Under mation security controls that comprise activities with the data breach for the potential misuse of Secretary, Assistant Secretary, or other key offi- that are under their day-to-day operational any sensitive personal information involved in cial of the Department along with taking action control or supervision to ensure effective imple- the data breach. to correct the failure or violation. mentation. ‘‘(2) If the Secretary determines, based on the ‘‘(10) Requiring any key official of the De- ‘‘(3) Providing a plan of action and milestones findings of a risk analysis conducted under partment who is so notified to report to the As- to the Assistant Secretary for Information and paragraph (1), that a reasonable risk exists for

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the potential misuse of sensitive personal infor- ‘‘(A) the Administration and facility of the ‘‘(10) INFORMATION RESOURCES.—The term ‘in- mation involved in a data breach, the Secretary Department responsible for processing or main- formation resources’ means information in any shall provide credit protection services in ac- taining the sensitive personal information in- medium or form and its related resources, such cordance with the regulations prescribed by the volved in the data breach; and as personnel, equipment, funds, and informa- Secretary under this section. ‘‘(B) the status of any remedial or corrective tion technology. ‘‘(b) REGULATIONS.—Not later than 180 days action with respect to the data breach. ‘‘(11) INFORMATION SECURITY.—The term ‘in- after the date of the enactment of the Veterans ‘‘(b) NOTIFICATION OF SIGNIFICANT DATA formation security’ means protecting informa- Benefits, Health Care, and Information Tech- BREACHES.—(1) In the event of a data breach tion and information systems from unauthorized nology Act of 2006, the Secretary shall prescribe with respect to sensitive personal information access, use, disclosure, disruption, modification, interim regulations for the provision of the fol- processed or maintained by the Secretary that or destruction in order to provide integrity, con- lowing in accordance with subsection (a)(2): the Secretary determines is significant, the Sec- fidentiality, and availability. ‘‘(1) Notification. retary shall provide notice of such breach to the ‘‘(12) INFORMATION SECURITY REQUIRE- ‘‘(2) Data mining. Committees on Veterans’ Affairs of the Senate MENTS.—The term ‘information security require- ‘‘(3) Fraud alerts. and House of Representatives. ments’ means information security requirements ‘‘(4) Data breach analysis. promulgated in accordance with law, or directed ‘‘(5) Credit monitoring. ‘‘(2) In the event of a data breach with respect ‘‘(6) Identity theft insurance. to sensitive personal information processed or by the Secretary of Commerce, the National In- ‘‘(7) Credit protection services. maintained by the Secretary that is the sensitive stitute of Standards and Technology, and the ‘‘(c) REPORT.—(1) For each data breach with personal information of a member of the Army, Office of Management and Budget, and, as to respect to sensitive personal information proc- Navy, Air Force, or Marine Corps or a civilian national security systems, the President. essed or maintained by the Secretary, the Sec- officer or employee of the Department of De- ‘‘(13) INFORMATION SYSTEM.—The term ‘infor- retary shall promptly submit to the Committees fense that the Secretary determines is signifi- mation system’ means a discrete set of informa- on Veterans’ Affairs of the Senate and House of cant under paragraph (1), the Secretary shall tion resources organized for the collection, proc- Representatives a report containing the findings provide the notice required under paragraph (1) essing, maintenance, use, sharing, dissemina- of any independent risk analysis conducted to the Committee on Armed Services of the Sen- tion, or disposition of information, whether under subsection (a)(1), any determination of ate and the Committee on Armed Services of the automated or manual. the Secretary under subsection (a)(2), and a de- House of Representatives in addition to the ‘‘(14) INTEGRITY.—The term ‘integrity’ means scription of any services provided pursuant to Committees on Veterans’ Affairs of the Senate guarding against improper information modi- subsection (b). and House of Representatives. fication or destruction, and includes ensuring ‘‘(2) In the event of a data breach with respect ‘‘(3) Notice under paragraphs (1) and (2) shall information non-repudiation and authenticity. to sensitive personal information processed or be provided promptly following the discovery of ‘‘(15) NATIONAL SECURITY SYSTEM.—The term maintained by the Secretary that is the sensitive such a data breach and the implementation of ‘national security system’ means an information personal information of a member of the Army, any measures necessary to determine the scope system that is protected at all times by policies Navy, Air Force, or Marine Corps or a civilian of the breach, prevent any further breach or un- and procedures established for the processing, officer or employee of the Department of De- authorized disclosures, and reasonably restore maintenance, use, sharing, dissemination or dis- fense, the Secretary shall submit the report re- the integrity of the data system. position of information that has been specifi- quired under paragraph (1) to the Committee on cally authorized under criteria established by ‘‘§ 5727. Definitions Armed Services of the Senate and the Committee statute or Executive Order to be kept classified on Armed Services of the House of Representa- ‘‘In this subchapter: in the interest of national defense or foreign tives in addition to the Committees on Veterans’ ‘‘(1) AVAILABILITY.—The term ‘availability’ policy. Affairs of the Senate and House of Representa- means ensuring timely and reliable access to ‘‘(16) PLAN OF ACTION AND MILESTONES.—The tives. and use of information. term ‘plan of action and milestones’, means a ‘‘(2) CONFIDENTIALITY.—The term ‘confiden- ‘‘§ 5725. Contracts for data processing or plan used as a basis for the quarterly reporting tiality’ means preserving authorized restrictions maintenance requirements of the Office of Management and on access and disclosure, including means for Budget that includes the following information: ‘‘(a) CONTRACT REQUIREMENTS.—If the Sec- protecting personal privacy and proprietary in- ‘‘(A) A description of the security weakness. retary enters into a contract for the performance formation. ‘‘(B) The identity of the office or organization of any Department function that requires access ‘‘(3) CONTROL TECHNIQUES.—The term ‘control responsible for resolving the weakness. to sensitive personal information, the Secretary techniques’ means methods for guiding and con- ‘‘(C) An estimate of resources required to re- shall require as a condition of the contract trolling the operations of information systems to solve the weakness by fiscal year. that— ensure adherence to the provisions of sub- ‘‘(D) The scheduled completion date. ‘‘(1) the contractor shall not, directly or ‘‘(E) Key milestones with estimated completion through an affiliate of the contractor, disclose chapter III of chapter 35 of title 44 and other related information security requirements. dates. such information to any other person unless the ‘‘(F) Any changes to the original key mile- disclosure is lawful and is expressly permitted ‘‘(4) DATA BREACH.—The term ‘data breach’ means the loss, theft, or other unauthorized ac- stone date. under the contract; ‘‘(G) The source that identified the weakness. cess, other than those incidental to the scope of ‘‘(2) the contractor, or any subcontractor for a ‘‘(H) The status of efforts to correct the weak- employment, to data containing sensitive per- subcontract of the contract, shall promptly no- ness. sonal information, in electronic or printed form, tify the Secretary of any data breach that oc- ‘‘(17) PRINCIPAL CREDIT REPORTING AGENCY.— curs with respect to such information. that results in the potential compromise of the The term ‘principal credit reporting agency’ ‘‘(b) LIQUIDATED DAMAGES.—Each contract confidentiality or integrity of the data. means a consumer reporting agency as described subject to the requirements of subsection (a) ‘‘(5) DATA BREACH ANALYSIS.—The term ‘data in section 603(p) of the Fair Credit Reporting shall provide for liquidated damages to be paid breach analysis’ means the process used to de- Act (15 U.S.C. 1681a(p)). by the contractor to the Secretary in the event termine if a data breach has resulted in the mis- ‘‘(18) SECURITY INCIDENT.—The term ‘security of a data breach with respect to any sensitive use of sensitive personal information. incident’ means an event that has, or could personal information processed or maintained ‘‘(6) FRAUD RESOLUTION SYSTEMS.—The term have, resulted in loss or damage to Department by the contractor or any subcontractor under ‘fraud resolution services’ means services to as- assets, or sensitive information, or an action that contract. sist an individual in the process of recovering that breaches Department security procedures. ‘‘(c) PROVISION OF CREDIT PROTECTION SERV- and rehabilitating the credit of the individual ‘‘(19) SENSITIVE PERSONAL INFORMATION.—The ICES.—Any amount collected by the Secretary after the individual experiences identity theft. term ‘sensitive personal information’, with re- under subsection (b) shall be deposited in or ‘‘(7) IDENTITY THEFT.—The term ‘identity spect to an individual, means any information credited to the Department account from which theft’ has the meaning given such term under about the individual maintained by an agency, the contractor was paid and shall remain avail- section 603 of the Fair Credit Reporting Act (15 including the following: able for obligation without fiscal year limitation U.S.C. 1681a). ‘‘(A) Education, financial transactions, med- exclusively for the purpose of providing credit ‘‘(8) IDENTITY THEFT INSURANCE.—The term ical history, and criminal or employment his- protection services pursuant to section 5724(b) of ‘identity theft insurance’ means any insurance tory. this title. policy that pays benefits for costs, including ‘‘(B) Information that can be used to distin- ‘‘§ 5726. Reports and notice to Congress on travel costs, notary fees, and postage costs, lost guish or trace the individual’s identity, includ- data breaches wages, and legal fees and expenses associated ing name, social security number, date and ‘‘(a) QUARTERLY REPORTS.—(1) Not later than with efforts to correct and ameliorate the effects place of birth, mother’s maiden name, or biomet- 30 days after the last day of a fiscal quarter, the and results of identity theft of the insured indi- ric records. Secretary shall submit to the Committees on Vet- vidual. ‘‘(20) SUBORDINATE PLAN.—The term ‘subordi- erans’ Affairs of the Senate and House of Rep- ‘‘(9) INFORMATION OWNER.—The term ‘infor- nate plan’, also referred to as a ‘system security resentatives a report on any data breach with mation owner’ means an agency official with plan’, means a subordinate plan defines the se- respect to sensitive personal information proc- statutory or operational authority for specified curity controls that are either planned or imple- essed or maintained by the Department that oc- information and responsibility for establishing mented for networks, facilities, systems, or curred during that quarter. the criteria for its creation, collection, proc- groups of systems, as appropriate, within a spe- ‘‘(2) Each report submitted under paragraph essing, dissemination, or disposal, which respon- cific accreditation boundary. (1) shall identify, for each data breach covered sibilities may extend to interconnected systems ‘‘(21) TRAINING.—The term ‘training’ means a by the report— or groups of interconnected systems. learning experience in which an individual is

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00172 Fmt 4624 Sfmt 6333 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11819 taught to execute a specific information security tablish a scholarship program under which the of the service agreement entered into under sub- procedure or understand the information secu- Secretary shall, subject to subsection (d), pro- section (b), except in circumstances authorized rity common body of knowledge. vide financial assistance in accordance with this by the Secretary. ‘‘(22) VA NATIONAL RULES OF BEHAVIOR.—The section to a qualified person— ‘‘(2) The Secretary may establish, by regula- term ‘VA National Rules of Behavior’ means a ‘‘(A) who is pursuing a doctoral degree in tions, procedures for determining the amount of set of Department rules that describes the re- computer science or electrical or computer engi- the repayment required under this subsection sponsibilities and expected behavior of personnel neering at an accredited institution of higher and the circumstances under which an excep- with regard to information system usage. education; and tion to the required repayment may be granted. ‘‘(23) VA SENSITIVE DATA.—The term ‘VA sen- ‘‘(B) who enters into an agreement with the ‘‘(3) An obligation to repay the Secretary sitive data’ means all Department data, on any Secretary as described in subsection (b). under this subsection is, for all purposes, a debt storage media or in any form or format, which ‘‘(2)(A) Except as provided in subparagraph owed the United States. A discharge in bank- requires protection due to the risk of harm that (B), the Secretary may provide financial assist- ruptcy under title 11 does not discharge a per- could result from inadvertent or deliberate dis- ance under this section to an individual for up son from such debt if the discharge order is en- closure, alteration, or destruction of the infor- to five years. tered less than five years after the date of the mation and includes information whose im- ‘‘(B) The Secretary may waive the limitation termination of the agreement or contract on proper use or disclosure could adversely affect under subparagraph (A) if the Secretary deter- which the debt is based. the ability of an agency to accomplish its mis- mines that such a waiver is appropriate. ‘‘(e) WAIVER OR SUSPENSION OF COMPLI- sion, proprietary information, and records about ‘‘(b) SERVICE AGREEMENT FOR SCHOLARSHIP ANCE.—The Secretary shall prescribe regulations individuals requiring protection under applica- RECIPIENTS.—(1) To receive financial assistance providing for the waiver or suspension of any ble confidentiality provisions. under this section an individual shall enter into obligation of an individual for service or pay- ‘‘§ 5728. Authorization of appropriations an agreement to accept and continue employment under this section (or an agreement under ment in the Department for the period of obli- this section) whenever noncompliance by the in- ‘‘There are authorized to be appropriated to gated service determined under paragraph (2). dividual is due to circumstances beyond the con- carry out this subchapter such sums as may be ‘‘(2) For the purposes of this subsection, the trol of the individual or whenever the Secretary necessary for each fiscal year.’’. period of obligated service for a recipient of fi- determines that the waiver or suspension of (b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 57 is amended nancial assistance under this section shall be compliance is in the best interest of the United by adding at the end the following: the period determined by the Secretary as being States. appropriate to obtain adequate service in ex- ‘‘(f) INTERNSHIPS.—(1) The Secretary may ‘‘SUBCHAPTER III—INFORMATION SECURITY change for the financial assistance and other- offer a compensated internship to an individual ‘‘5721. Purpose. wise to achieve the goals set forth in section for whom financial assistance is provided under ‘‘5722. Policy. this section during a period between academic ‘‘5723. Responsibilities. 7901(a) of this title. In no event may the period ‘‘5724. Provision of credit protection and other of service required of a recipient be less than the semesters or terms leading to the degree for services. period equal to the total period of pursuit of a which such assistance is provided. Compensa- ‘‘5725. Contracts for data processing or mainte- degree for which the Secretary agrees to provide tion provided for such an internship shall be in nance. the recipient with financial assistance under addition to the financial assistance provided ‘‘5726. Reports and notice to Congress on data this section. The period of obligated service is in under this section. breaches. addition to any other period for which the re- ‘‘(2) An internship under this subsection shall ‘‘5727. Definitions. cipient is obligated to serve on active duty or in not be counted toward satisfying a period of ob- ‘‘5728. Authorization of appropriations.’’. the civil service, as the case may be. ligated service under this section. ‘‘(g) INELIGIBILITY OF INDIVIDUALS RECEIVING (c) DEADLINE FOR REGULATIONS.—Not later ‘‘(3) An agreement entered into under this sec- than one year after the date of the enactment of tion by a person pursuing an doctoral degree MONTGOMERY GI BILL EDUCATION ASSISTANCE this Act, the Secretary of Veterans Affairs shall shall include terms that provide the following: PAYMENTS.—An individual who receives a pay- prescribe regulations to carry out subchapter III ‘‘(A) That the period of obligated service be- ment of educational assistance under chapter of chapter 57 of title 38, United States Code, as gins on a date after the award of the degree 30, 31, 32, 34, or 35 of this title or chapter 1606 added by subsection (a). that is determined under the regulations pre- or 1607 of title 10 for a month in which the individual is enrolled in a course of education lead- SEC. 903. INFORMATION SECURITY EDUCATION scribed under section 7906 of this title. ASSISTANCE PROGRAMS. ‘‘(B) That the individual will maintain satis- ing to a doctoral degree in information security is not eligible to receive financial assistance (a) PROGRAMS AUTHORIZED.— factory academic progress, as determined in ac- (1) IN GENERAL.—Title 38 is amended by in- cordance with those regulations, and that fail- under this section for that month. serting after chapter 78 the following new chap- ure to maintain such progress constitutes ‘‘§ 7903. Education debt reduction program ter: grounds for termination of the financial assist- ‘‘(a) AUTHORITY.—Subject to the availability ance for the individual under this section. ‘‘CHAPTER 79—INFORMATION SECURITY of appropriations, the Secretary may establish ‘‘(C) Any other terms and conditions that the EDUCATION ASSISTANCE PROGRAM an education debt reduction program under Secretary determines appropriate for carrying which the Secretary shall make education debt ‘‘Sec. out this section. ‘‘7901. Programs; purpose. reduction payments under this section to quali- ‘‘(c) AMOUNT OF ASSISTANCE.—(1) The amount ‘‘7902. Scholarship program. fied individuals eligible under subsection (b) for of the financial assistance provided for an indi- ‘‘7903. Education debt reduction program. the purpose of reimbursing such individuals for ‘‘7904. Preferences in awarding financial assist- vidual under this section shall be the amount payments by such individuals of principal and ance. determined by the Secretary as being necessary interest on loans described in paragraph (2) of ‘‘7905. Requirement of honorable discharge for to pay— that subsection. veterans receiving assistance. ‘‘(A) the tuition and fees of the individual; ‘‘(b) ELIGIBILITY.—An individual is eligible to ‘‘7906. Regulations. and participate in the program under this section if ‘‘7907. Termination. ‘‘(B) $1,500 to the individual each month (in- the individual— cluding a month between academic semesters or ‘‘§ 7901. Programs; purpose ‘‘(1) has completed a doctoral degree in com- terms leading to the degree for which such as- puter science or electrical or computer engineer- ‘‘(a) IN GENERAL.—To encourage the recruit- sistance is provided or during which the indi- ing at an accredited institution of higher edu- ment and retention of Department personnel vidual is not enrolled in a course of education cation during the five-year period preceding the who have the information security skills nec- but is pursuing independent research leading to date on which the individual is hired; essary to meet Department requirements, the such degree) for books, laboratory expenses, and ‘‘(2) is an employee of the Department who Secretary may carry out programs in accordance expenses of room and board. serves in a position related to information secu- with this chapter to provide financial support ‘‘(2) In no case may the amount of assistance rity (as determined by the Secretary); and for education in computer science and electrical provided for an individual under this section for ‘‘(3) owes any amount of principal or interest and computer engineering at accredited institu- an academic year exceed $50,000. under a loan, the proceeds of which were used tions of higher education. ‘‘(3) In no case may the total amount of as- by or on behalf of that individual to pay costs ‘‘(b) TYPES OF PROGRAMS.—The programs au- sistance provided for an individual under this relating to a doctoral degree in computer science thorized under this chapter are as follows: section exceed $200,000. or electrical or computer engineering at an ac- ‘‘(1) Scholarships for pursuit of doctoral de- ‘‘(4) Notwithstanding any other provision of credited institution of higher education. grees in computer science and electrical and law, financial assistance paid an individual ‘‘(c) AMOUNT OF ASSISTANCE.—(1) Subject to computer engineering at accredited institutions under this section shall not be considered as in- paragraph (2), the amount of education debt re- of higher education. come or resources in determining eligibility for, duction payments made to an individual under ‘‘(2) Education debt reduction for Department or the amount of benefits under, any Federal or this section may not exceed $82,500 over a total personnel who hold doctoral degrees in com- federally assisted program. of five years, of which not more than $16,500 of puter science and electrical and computer engi- ‘‘(d) REPAYMENT FOR PERIOD OF UNSERVED such payments may be made in each year. neering at accredited institutions of higher edu- OBLIGATED SERVICE.—(1) An individual who re- ‘‘(2) The total amount payable to an indication. ceives financial assistance under this section vidual under this section for any year may not ‘‘§ 7902. Scholarship program shall repay to the Secretary an amount equal to exceed the amount of the principal and interest ‘‘(a) AUTHORITY.—(1) Subject to the avail- the unearned portion of the financial assistance on loans referred to in subsection (b)(3) that is ability of appropriations, the Secretary may es- if the individual fails to satisfy the requirements paid by the individual during such year.

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‘‘(d) PAYMENTS.—(1) The Secretary shall make financial assistance provided for an academic all that follows through ‘‘and Results Act of education debt reduction payments under this semester or term that begins on or after August 1993’’ and inserting ‘‘into the strategic plan of section on an annual basis. 1, 2007. each Department under section 306 of title 5 and ‘‘(2) The Secretary shall make such a pay- TITLE X—OTHER MATTERS the performance plan of each Department under ment— section 1115 of title 31’’. SEC. 1001. NOTICE TO CONGRESSIONAL VET- ‘‘(A) on the last day of the one-year period be- (7) REPEAL OF OBSOLETE TEXT.—Section 8111 ERANS COMMITTEES OF CERTAIN ginning on the date on which the individual is TRANSFERS OF FUNDS. is further amended— accepted into the program established under To the extent that the Secretary of Veterans (A) in subsection (d)(2), by striking ‘‘effective subsection (a); or Affairs is required or directed, under any provi- October 1, 2003,’’; and ‘‘(B) in the case of an individual who received sion of law, to provide written notice to any (B) in subsection (e)(2)— a payment under this section for the preceding (i) in the second sentence, by striking ‘‘shall committee of Congress other than the Committee fiscal year, on the last day of the one-year pe- be implemented no later than October 1, 2003, on Veterans’ Affairs of the Senate and the Com- riod beginning on the date on which the indi- and’’; and mittee on Veterans’ Affairs of the House of Rep- vidual last received such a payment. (ii) in the third sentence, by striking ‘‘, fol- resentatives on the transfer of appropriations ‘‘(3) Notwithstanding any other provision of lowing implementation of the schedule,’’. from one account to any other account, the Sec- law, education debt reduction payments under (8) CITATION CORRECTION.—Section retary shall also transmit such notice to the this section shall not be considered as income or 8111A(a)(2)(B)(i) is amended by striking ‘‘Robert Committee on Veterans’ Affairs of the Senate resources in determining eligibility for, or the B.’’ and inserting ‘‘Robert T.’’. and the Committee on Veterans’ Affairs of the amount of benefits under, any Federal or feder- (b) PUBLIC LAW 107–296.—Effective as of No- House of Representatives. ally assisted program. vember 25, 2002, section 1704(d) of the Homeland ‘‘(e) PERFORMANCE REQUIREMENT.—The Sec- SEC. 1002. CLARIFICATION OF CORRECTIONAL FA- Security Act of 2002 (Public Law 107–296; 116 retary may make education debt reduction pay- CILITIES COVERED BY CERTAIN PRO- Stat. 2315) is amended— VISIONS OF LAW. ments to an individual under this section for a (1) by striking ‘‘101(25)(d)’’ and inserting (a) PAYMENT OF PENSION DURING CONFINE- year only if the Secretary determines that the ‘‘101(25)(D)’’; and MENT IN PENAL INSTITUTIONS.—Section 1505(a) is individual maintained an acceptable level of (2) by striking ‘‘3011(a)(1)(A)(ii)(II)’’ and in- amended by striking ‘‘or local penal institution’’ performance in the position or positions served serting ‘‘3011(a)(1)(A)(ii)(III)’’. and inserting ‘‘local, or other penal institution by the individual during the year. or correctional facility’’. SEC. 1005. CODIFICATION OF COST-OF-LIVING AD- ‘‘(f) NOTIFICATION OF TERMS OF PROVISION OF JUSTMENT PROVIDED IN PUBLIC (b) ALLOWANCES FOR TRAINING AND REHABILI- PAYMENTS.—The Secretary shall provide to an LAW 109–361. TATION FOR VETERANS WITH SERVICE-CON- individual who receives a payment under this (a) VETERANS’ DISABILITY COMPENSATION.— NECTED DISABILITIES.—Section 3108(g)(1) is section notice in writing of the terms and condi- Section 1114 is amended— amended by striking ‘‘or local penal institution’’ tions that apply to such a payment. (1) in subsection (a), by striking ‘‘$112’’ and and inserting ‘‘local, or other penal institution ‘‘(g) COVERED COSTS.—For purposes of sub- inserting ‘‘$115’’; section (b)(3), costs relating to a course of edu- or correctional facility’’. (2) in subsection (b), by striking ‘‘$218’’ and (c) EDUCATIONAL ASSISTANCE BENEFITS FOR cation or training include— inserting ‘‘$225’’; ‘‘(1) tuition expenses; and POST-VIETNAM ERA VETERANS.—Section (3) in subsection (c), by striking ‘‘$337’’ and ‘‘(2) all other reasonable educational ex- 3231(d)(1) is amended by striking ‘‘or local penal inserting ‘‘$348’’; penses, including fees, books, and laboratory ex- institution’’ and inserting ‘‘local, or other penal (4) in subsection (d), by striking ‘‘$485’’ and penses. institution or correctional facility’’. inserting ‘‘$501’’; (d) COMPUTATION OF EDUCATIONAL ASSIST- (5) in subsection (e), by striking ‘‘$690’’ and ‘‘§ 7904. Preferences in awarding financial as- ANCE ALLOWANCES FOR VETERANS GENERALLY.— sistance inserting ‘‘$712’’; Section 3482(g)(1) is amended by striking ‘‘or (6) in subsection (f), by striking ‘‘$873’’ and ‘‘In awarding financial assistance under this local penal institution’’ and inserting ‘‘local, or inserting ‘‘$901’’; chapter, the Secretary shall give a preference to other penal institution or correctional facility’’. (7) in subsection (g), by striking ‘‘$1,099’’ and qualified individuals who are otherwise eligible (e) COMPUTATION OF EDUCATIONAL ASSIST- inserting ‘‘$1,135’’; to receive the financial assistance in the fol- ANCE ALLOWANCE FOR SURVIVORS AND DEPEND- (8) in subsection (h), by striking ‘‘$1,277’’ and lowing order of priority: ENTS.—Section 3532(e) is amended by striking inserting ‘‘$1,319’’; ‘‘(1) Veterans with service-connected disabil- ‘‘or local penal institution’’ and inserting (9) in subsection (i), by striking ‘‘$1,436’’ and ities. ‘‘local, or other penal institution or correctional inserting ‘‘$1,483’’; ‘‘(2) Veterans. facility’’. (10) in subsection (j), by striking ‘‘$2,393’’ and ‘‘(3) Persons described in section 4215(a)(1)(B) (f) LIMITATION ON PAYMENT OF COMPENSATION inserting ‘‘$2,471’’; of this title. AND DEPENDENCY AND INDEMNITY COMPENSA- (11) in subsection (k)— ‘‘(4) Individuals who received or are pursuing TION.—Section 5313 is amended by striking ‘‘or (A) by striking ‘‘$87’’ both places it appears degrees at institutions designated by the Na- local penal institution’’ each place it appears and inserting ‘‘$89’’; and tional Security Agency as Centers of Academic and inserting ‘‘local, or other penal institution (B) by striking ‘‘$2,977’’ and ‘‘$4,176’’ and in- Excellence in Information Assurance Education. or correctional facility’’. serting ‘‘$3,075’’ and ‘‘$4,313’’, respectively; ‘‘(5) Citizens of the United States. (g) LIMITATION ON PAYMENT OF CLOTHING AL- (12) in subsection (l), by striking ‘‘$2,977’’ and ‘‘§ 7905. Requirement of honorable discharge LOWANCE.—Section 5313A is amended by striking inserting ‘‘$3,075’’; for veterans receiving assistance ‘‘or local penal institution’’ and inserting (13) in subsection (m), by striking ‘‘$3,284’’ ‘‘No veteran shall receive financial assistance ‘‘local, or other penal institution or correctional and inserting ‘‘$3,392’’; under this chapter unless the veteran was dis- facility’’. (14) in subsection (n), by striking ‘‘$3,737’’ charged from the Armed Forces under honorable SEC. 1003. EXTENSION OF AUTHORITY FOR and inserting ‘‘$3,860’’; conditions. HEALTH CARE FOR PARTICIPATION (15) in subsections (o) and (p), by striking IN DOD CHEMICAL AND BIOLOGICAL ‘‘§ 7906. Regulations ‘‘$4,176’’ each place it appears and inserting WARFARE TESTING. ‘‘$4,313’’; ‘‘The Secretary shall prescribe regulations for Section 1710(e)(3)(D) is amended by striking (16) in subsection (r)— the administration of this chapter. ‘‘December 31, 2005’’ and inserting ‘‘December (A) in paragraph (1), by striking ‘‘$1,792’’ and ‘‘§ 7907. Termination 31, 2007’’. inserting ‘‘$1,851’’; and ‘‘The authority of the Secretary to make a SEC. 1004. TECHNICAL AND CLERICAL AMEND- (B) in paragraph (2), by striking ‘‘2,669’’ and payment under this chapter shall terminate on MENTS. inserting ‘‘$2,757’’; and July 31, 2017.’’. (a) TITLE 38, UNITED STATES CODE.— (17) in subsection (s), by striking ‘‘$2,678’’ and (2) CLERICAL AMENDMENTS.—The tables of (1) CITATION CORRECTION.—Section 1718(c)(2) inserting ‘‘$2,766’’. chapters at the beginning of title 38, and of part is amended by inserting ‘‘of 1938’’ after ‘‘Act’’. (b) ADDITIONAL COMPENSATION FOR DEPEND- V of title 38, are each amended by inserting (2) CITATION CORRECTION.—Section 1785(b)(1) ENTS.—Section 1115(1) is amended— after the item relating to chapter 78 the fol- is amended by striking ‘‘Robert B.’’ and insert- (1) in subparagraph (A), by striking ‘‘$135’’ lowing new item: ing ‘‘Robert T.’’. and inserting ‘‘$139’’; (3) PUNCTUATION CORRECTION.—Section (2) in subparagraph (B), by striking ‘‘$233’’ ‘‘79. Information Security Education Assist- 2002(1) is amended by inserting a closing paren- and ‘‘$68’’ and inserting ‘‘$240’’ and ‘‘$70’’, re- ance Program 7901’’. thesis before the period at the end. spectively; (b) GAO REPORT.—Not later than three years (4) PUNCTUATION CORRECTION.—Section (3) in subparagraph (C), by striking ‘‘$91’’ after the date of the enactment of this Act, the 2011(a)(1)(C) is amended by inserting a period at and ‘‘$68’’ and inserting ‘‘$94’’ and ‘‘$70’’, re- Comptroller General shall submit to Congress a the end. spectively; report on the scholarship and education debt re- (5) CROSS REFERENCE CORRECTION.—Section (4) in subparagraph (D), by striking ‘‘$109’’ duction programs under chapter 79 of title 38, 2041(a)(3)(A)(i) is amended by striking ‘‘under and inserting ‘‘$112’’; United States Code, as added by subsection (a). this chapter’’ and inserting ‘‘established under (5) in subparagraph (E), by striking ‘‘$257’’ (c) APPLICABILITY OF SCHOLARSHIPS.—Section section 3722 of this title’’. and inserting ‘‘$265’’; and 7902 of title 38, United States Code, as added by (6) CITATION CORRECTION.—Section 8111(b)(1) (6) in subparagraph (F), by striking ‘‘$215’’ subsection (a), may only apply with respect to is amended by striking ‘‘into the strategic’’ and and inserting ‘‘$222’’.

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(c) CLOTHING ALLOWANCE FOR CERTAIN DIS- (1) NEW LAW DIC.—Subsection (a) of section (B) in paragraph (2), by striking ‘‘$221’’ and ABLED VETERANS.—Section 1162 is amended by 1311 is amended— inserting ‘‘$228’’. striking ‘‘$641’’ and inserting ‘‘$662’’. (2) OLD LAW DIC.—The table in paragraph (3) (A) in paragraph (1), by striking ‘‘$1,033’’ and (d) DEPENDENCY AND INDEMNITY COMPENSA- of such subsection is amended to read as fol- inserting ‘‘$1,067’’; and TION FOR SURVIVING SPOUSES.— lows:

Pay grade Monthly rate Pay grade Monthly rate

E–1 ...... $1,067 W–4 ...... $1,276 E–2 ...... $1,067 O–1 ...... $1,128 E–3 ...... $1,067 O–2 ...... $1,165 E–4 ...... $1,067 O–3 ...... $1,246 E–5 ...... $1,067 O–4 ...... $1,319 E–6 ...... $1,067 O–5 ...... $1,452 E–7 ...... $1,104 O–6 ...... $1,637 E–8 ...... $1,165 O–7 ...... $1,768 E–9 ...... $1,215 1 O–8 ...... $1,941 W–1 ...... $1,128 O–9 ...... $2,076 W–2 ...... $1,172 O–10 ...... $2,276 2 W–3 ...... $1,207 ...... 1 If the veteran served as Sergeant Major of the Army, Senior Enlisted Advisor of the Navy, Chief Master Sergeant of the Air Force, Sergeant Major of the Marine Corps, or Master Chief Petty Officer of the Coast Guard, at the applicable time designated by section 1302 of this title, the surviving spouse’s rate shall be $1,312. 2 If the veteran served as Chairman or Vice Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, Commandant of the Marine Corps, or Commandant of the Coast Guard, at the applicable time designated by section 1302 of this title, the surviving spouse’s rate shall be $2,443.

(3) ADDITIONAL DIC FOR CHILDREN OR DIS- The PRESIDING OFFICER. Without course of the 109th Congress, I have ABILITY.—Such section is further amended— objection, it is so ordered. spent a great deal of time working with (A) in subsection (b), by striking ‘‘$257’’ and f Chairman KIT BOND to put together an inserting ‘‘$265’’; appropriations bill that meets all of (B) in subsection (c), by striking ‘‘$257’’ and REFORMING THE POSTAL LAWS the disparate needs addressed in our inserting ‘‘$265’’; and OF THE UNITED STATES (C) in subsection (d), by striking ‘‘$122’’ and bill. I can tell my colleagues, we do not inserting ‘‘$126’’. Mr. FRIST. I ask unanimous consent have an extra $200 million available (e) DEPENDENCY AND INDEMNITY COMPENSA- the Senate proceed to the immediate within our allocation to cover the costs TION FOR CHILDREN.— consideration of H.R. 6407 which was of the Postal Service. When the 110th (1) DIC WHEN NO SURVIVING SPOUSE.—Section received from the House. Congress convenes, we are likely to 1313(a) is amended— The PRESIDING OFFICER. The have to mark up an appropriations bill (A) in paragraph (1), by striking ‘‘$438’’ and clerk will report bill by title. for the current fiscal year that will be inserting ‘‘$452’’; even tighter than the bill our com- (B) in paragraph (2), by striking ‘‘$629’’ and The assistant legislative clerk read inserting ‘‘$649’’; as follows: mittee reported back in July. As such, (C) in paragraph (3), by striking ‘‘$819’’ and A bill (H.R. 6407) to reform the postal laws I can assure my colleagues that we will inserting ‘‘$846’’; and of the United States. not be in a position to take on these costs this year, next year, or in any (D) in paragraph (4), by striking ‘‘$819’’ and There being no objection, the Senate ‘‘$157’’ and inserting ‘‘$846’’ and ‘‘$162’’, respec- other year. tively. proceeded to consider the bill. It is important to point out that (2) SUPPLEMENTAL DIC FOR CERTAIN CHIL- DISCRETIONARY BUDGET TRANSFER these costs that are proposed to be DREN.—Section 1314 is amended— Mrs. MURRAY. Mr. President, I rise, transferred to the Committee on Ap- (A) in subsection (a), by striking ‘‘$257’’ and first and foremost, to congratulate propriations are not new costs to the inserting ‘‘$265’’; Chairman COLLINS and Senator CARPER Postal Service. We are accustomed to (B) in subsection (b), by striking ‘‘$438’’ and for getting their postal reform bill to inserting ‘‘$452’’; and the practice of authorizing committees (C) in subsection (c), by striking ‘‘$218’’ and the finish line. This bill has been a gar- enacting authorizations for new or ex- inserting ‘‘$225’’. gantuan task for both Senators. It has panded activities in the hope that the SEC. 1006. COORDINATION OF PROVISIONS WITH been a long time coming. Some have Appropriations Committee will be in a VETERANS PROGRAMS EXTENSION observed that it has taken over 30 position to fund them. But this situa- ACT OF 2006. years for the Congress to pass legislation is something very different. Under (a) EARLIER ENACTMENT OF THIS ACT.—If this tion that fundamentally reforms the the provisions originally included in Act is enacted before the Veterans Programs Ex- Postal Service. This bill is critically this bill, the burden of financing the tension Act of 2006 is enacted into law, the Vet- important to the long-term fiscal erans Programs Extension Act of 2006, and the ongoing costs of the Postal Rate Com- amendments made by that Act, shall not take ef- health of our Postal Service. It is mission, renamed the Postal Regu- fect. equally important to the well-being of latory Commission, and the USPS in- (b) EARLIER ENACTMENT OF VETERANS PRO- all our postal workers as well as the spector general would have suddenly GRAMS EXTENSION ACT OF 2006.—If this Act is needs of all citizens and businesses, been shifted to the Appropriations enacted after the enactment of the Veterans large and small, which use our Postal Committee. Programs Extension Act of 2006, then as of the Service. My understanding is that the origi- date of the enactment of this Act, the Veterans As both of the managers are aware, nal intent of this provision was to pro- Programs Extension Act of 2006 and the amend- there was an important issue that ments made by that Act shall be deemed for all vide both the Commission and the IG’s purposes not to have taken effect and the Vet- threatened to derail this legislation at office with an added degree of budget erans Programs Extension Act of 2006 and the the last minute. Specifically, there is a autonomy and independence. However, amendments made by that Act shall cease to be provision in this final bill that has the original provision had a much more in effect. been interpreted as having the effect of dramatic effect. I make no apology for Amend the title so as to read ‘‘An Act to transferring some $200 million in an- insisting on changes to this bill to keep amend title 38, United States Code, to repeal nual costs from the Postal Service to it from happening. certain limitations on attorney representation of the discretionary budget. More specifi- I am pleased to say that, through a claimants for benefits under laws administered cally, those costs that previously were series of discussions today with my by the Secretary of Veterans Affairs, to expand eligibility for the Survivors’ and Dependents’ covered through mandatory spending good friend and colleagues, Senators Educational Assistance Program, to otherwise would have to be covered within the COLLINS and CARPER, we have been able improve veterans’ benefits, memorial affairs, tight discretionary budget ceiling of to negotiate some important changes and health-care programs, to enhance informa- the Appropriations Subcommittee on to the original bill. Specifically, the tion security programs of the Department of Transportation, Treasury, the Judici- provision that seeks to transfer the Veterans Affairs, and for other purposes.’’. ary, Housing and Urban Development, funding burden of these activities to Mr. FRIST. I ask unanimous consent and Related Agencies. the Appropriations Committee will that the Senate concur in the House I currently serve as the ranking now be delayed until fiscal year 2009. amendments, the motion to reconsider member of that subcommittee, and I Given the shortness of time and the be laid on the table, and any state- expect to serve as its chairman when critical need to pass this important ments be printed. the 110th Congress convenes. Over the legislation today, before this Congress

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00175 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11822 CONGRESSIONAL RECORD — SENATE December 8, 2006 adjourns, I agreed to this change rath- HENRY J. HYDE UNITED STATES facilities under safeguards in a phased man- er than insisting that the entire fund- AND INDIA NUCLEAR COOPERA- ner, along with future civil facilities, but ing transfer be stricken. I wish to TION PROMOTION ACT OF 2006— India is not an NPT party and will have non- CONFERENCE REPORT civil facilities and material outside of safe- make clear that my position on this guards. However, there is an accepted IAEA bill tonight should not be viewed as Mr. FRIST. I ask unanimous consent framework for safeguards (INFCIRC/66) that signaling any intent on my part to that the Senate proceed to the imme- pre-dates the NPT and is suited to safe- fund these activities in 2009 and be- diate consideration of the conference guarding material in a non-NPT party with- yond. To the contrary, I do not antici- report to accompany H.R. 5682, the out full-scope safeguards. In its separation United States-India nuclear agree- plan, India has committed to safeguards in pate that the Appropriations Com- perpetuity.’’ mittee will be in a position to fund ment, that the conference report be these activities in 2009, 2010, or in any agreed to and the motion to reconsider In November 2005, I asked Under Sec- be laid upon the table. other year. I agreed to this date change retary Joseph what kinds of safeguards The PRESIDING OFFICER. Without will be applied to India’s declared civil to give the Committee on Homeland objection, it is so ordered. Security and Governmental Affairs a sites, facilities, and locations. He re- Mr. LUGAR. Mr. President, I wish to sponded that: full 22 months—almost 2 years—to re- make an important note regarding a visit this legislation and bring the provision in the conference agreement ‘‘Safeguards agreements are modeled after costs of these activities back into the on H.R. 5682, the Henry J. Hyde United INFCIRC/153 (the NPT safeguards agreement) mandatory budget. If not, these activi- States-India Peaceful Atomic Energy or INFCIRC/66 (the Agency’s safeguards sys- Cooperation Act of 2006. tem predating the NPT). India will not likely ties will go unfunded. And it will not sign a safeguards agreement based strictly be the fault of the Appropriations Com- The conferees on this legislation be- on INFCIRC/153, as this would require safe- mittee if they do go unfunded. My col- lieve that one of the most important guards on India’s nuclear weapons program. leagues on the Homeland Security and aspects of renewed nuclear cooperation NPT-acknowledged nuclear weapon states Governmental Affairs Committee are with India will be the new safeguards have so-called ‘voluntary’ safeguards agree- on notice and the Postmaster General agreement it enters into with the ments that draw on INFCIRC/153 language, but do not obligate the IAEA to actually is on notice. The funding transfer in- International Atomic Energy Agency, IAEA, that would apply to its expanded apply safeguards and do allow for the re- cluded in this bill for 2009 and beyond list of declared civilian nuclear sites, moval of facilities or material from safe- will need to be fixed. My subcommittee guards. We heard from other states at the re- facilities, and locations. cent NSG meeting that they would not sup- has no intention of absorbing these The administration’s original legisla- costs. It will be the responsibility of port a ‘‘voluntary offer’’ arrangement as, in tion concerning India, which I intro- their view, it would be tantamount to grant- the Homeland Security and Govern- duced as S. 2429 on March 16, 2006, stating de facto nuclear weapon state status to mental Affairs Committee to bring ed with regard to this matter that the India. We have similarly indicated to India them back within the revenues avail- President had to determine that ‘‘an that we would not view such an arrangement able to the Postal Service. agreement has entered into force be- as defensible from a nonproliferation stand- point. We therefore believe that the logical Mr. CARPER. I thank my friend for tween India and the IAEA requiring the application of safeguards in accord- approach to formulating a safeguards agree- her statement and for her help in mov- ment for India is to use INFCIRC/66, which is ing this critical bill through the Sen- ance with IAEA practices to India’s currently used at India’s four safeguarded re- civil nuclear facilities.’’ ate tonight. I agree with her that the actors. For the most part, INFCIRC/66 and As a part of the committee’s consid- Appropriations Committee should not INFCIRC/153 agreements result in very simi- eration of the administration’s pro- lar technical measures actually applied at bear the burden of funding the Postal posal, I asked a number of questions nuclear facilities.’’ Regulatory Commission and the USPS for the record regarding this new safe- inspector general. While it is impor- In view of these responses, and since guards agreement. Secretary Rice stat- S. 2429 contained similar language, the tant that the Commission and the in- ed in response to a question asked in Senate’s India bill, S. 3709, specified spector general enjoy the new inde- April of this year regarding India’s new with regard to India’s safeguards agree- pendence from postal management that safeguards agreement that: ment, and the determination the Presi- we seek to extend them in this bill, it This Initiative will only allow for nuclear dent had to make regarding it, that is unfair to do so by taking scarce re- cooperation to proceed with civil facilities ‘‘an agreement between India and the and programs that are safeguarded by the sources away from the critical pro- IAEA requiring the application of safe- grams overseen by the Appropriations IAEA. The Government of India has agreed that these safeguards will be in place in per- guards in perpetuity in accordance subcommittee Senator MURRAY will petuity. Under the Initiative, India has com- with IAEA standards, principles, and soon lead. Our imprecision in drafting mitted to place all its current and future practices to civil nuclear facilities, the section of our bill that Senator civil nuclear facilities under IAEA safe- programs, and materials . . . has en- MURRAY refers to should not make her guards, including monitoring and inspec- tered into force and the text of such already difficult job even harder. tions. These procedures are designed to de- agreement has been made available to tect—and thereby prevent—the diversion to the appropriate congressional commit- In the coming weeks and months, I military use of any nuclear materials, tech- tees.’’ pledge to work closely with Senator nologies, or equipment provided to India’s MURRAY, her colleagues on the Appro- civil nuclear facilities. India has also com- The conference agreement before us priations Committee, and my col- mitted to sign and adhere to an Additional today does not include the language Protocol, which provides for even broader leagues on the Homeland Security from the S. 3709 regarding this element IAEA access to facilities and information re- of the Presidential determination re- Committee in seeking a permanent so- garding nuclear related activities. lution to the problematic language quired to use the waiver authority we In March of this year, Senator BIDEN grant. Rather, the conference agree- that Senator MURRAY has brought to asked Under Secretaries Robert Joseph ment provides in section 104(b)(2) that our attention. and Nicholas Burns how they inter- ‘‘India and the IAEA have concluded Mr. FRIST. I ask unanimous consent preted certain Indian statements re- all legal steps required prior to signa- that the bill be read a third time and garding their new safeguards agree- ture by the parties of an agreement re- passed, the motion to reconsider be ment, specifically India’s contention quiring the application of IAEA safe- laid upon the table, and any state- that it will be ‘‘India-specific.’’ They guards in perpetuity in accordance stated: ments be printed in the RECORD. with IAEA standards, principles, and ‘‘It will be incumbent on India to clarify practices, (including IAEA Board of The PRESIDING OFFICER. Without what it means by ‘India-specific’ safeguards Governors Document GOV/1621 (1973)) objection, it is so ordered. in the context of its negotiations with the IAEA. In our view, the safeguards agreement to India’s civil nuclear facilities, mate- The bill (H.R. 6407) was ordered to a for India will be unique to India because rials, and programs . . . including ma- third reading, was read the third time, India presents a unique set of circumstances. terials used in or produced through the and passed. India has agreed to place all its civil nuclear use of India’s civil nuclear facilities.’’

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00176 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11823 The conferees were assured by admin- I want to pay special tribute tonight historians will see this as part of a dra- istration officials that the language re- to the chairman of the Senate Foreign matic and positive departure in the ferring to ‘‘all legal steps’’ includes ap- Relations Committee, Senator LUGAR U.S.-India relationship that was begun proval by the IAEA Board of Gov- of Indiana, for his tremendous con- by President Clinton and continued by ernors. The conferees understand that tribution to securing that broad, bipar- President Bush. safeguards agreements are signed after tisan consensus. The administration In a time when relationships between Board of Governors’ approval, but that originally proposed legislation that states are critically important in shap- entry into force can take additional would have effectively taken away the ing the world in which we live, no rela- time. Since Board of Governors’ ap- power of Congress to review an agree- tionship is more important than the proval would mean that the text of the ment for nuclear cooperation with one we’re building with India. There is safeguards agreement would be final, India, and Senator LUGAR was under still much to be done in India, as a sta- and it is unlikely that either the IAEA great pressure to accept that proposal. ble and secure India is very much in or India would sign an agreement that He did not do that. Instead, he held America’s national interest. We should is not final, conferees agreed to this four hearings—three open and one work to help India increase its energy language. The conferees’ intent was to closed—that allowed all sides to ex- production, combat terrorism, and secure as final a text as possible for press their views and that enabled Sen- guard against epidemics of infectious congressional review since the text of ators from both parties to raise their diseases. We should help both India and the new Indian safeguards agreement concerns with the approval procedure Pakistan to ease tensions between would be submitted to Congress as a that the administration had proposed. their countries and, someday, to walk part of the Presidential determination Then he and I worked to craft a Senate back from the nuclear precipice. And bill that passed by a vote of 16–2 in and waiver authority contained in sec- India should continue its progress to- committee and 85–12 on the floor of the tion 104 of this conference agreement. ward the front rank of world leaders, Senate. It is the view of the conferees that this and especially of leaders in combating Senator LUGAR performed a signal language means that Congress will re- the proliferation of nuclear, chemical service to our country when he added and biological weapons. Enactment of ceive the final text of such an agree- title II to this legislation, the imple- this bill today helps both countries to ment as a part of the President’s deter- menting legislation for the U.S. Addi- keep moving on the path of coopera- mination. tional Protocol with the International tion for a better world. (At the request of Mr. REID, the fol- Atomic Energy Agency. It is fitting In conclusion, I would like to turn to lowing statement was ordered to be that this legislation has been combined an issue raised recently by some ex- printed in the RECORD.) with the India nuclear bill, since part ∑ Mr. BIDEN. The Senate will shortly perts, whether the legislation before of the nuclear deal is for India to nego- us, by citing a particular IAEA docu- take a momentous step in U.S.-India tiate its own Additional Protocol with ment, might undermine the principle relations by passing the conference re- the IAEA. It will also be a notable ben- of perpetuity of safeguards in India. My port on H.R. 5682, the Henry J. Hyde efit to U.S. nuclear nonproliferation view is that the IAEA document makes United States-India Peaceful Atomic policy when the United States finally a real contribution to our under- Energy Cooperation Act of 2006. Enact- ratifies its Additional Protocol, giving standing of safeguards perpetuity. ment of this legislation brings us much our country greater credibility as it The document cited by this legisla- closer to the day when India will re- presses other countries to allow the tion appears in section 104(b)(2), the sume peaceful nuclear commerce, de- IAEA to increase its inspections of second determination that the Presi- spite its status as a state that has nu- their nuclear programs. Ratification of dent will have to make when submit- clear weapons and has never been a the U.S.-IAEA Additional Protocol was ting a U.S.-India agreement for nuclear state party to the Nuclear Non-Pro- long delayed, and Senator LUGAR’s cooperation to the Congress. It is an liferation Treaty. It will help bring leadership on this issue was absolutely IAEA Board of Governors memo cited India into the global nuclear non- vital to this final, successful conclu- as GOV/1621 of 20 August 1973. We have proliferation system. It also helps to sion. been given permission to publish this remove a major irritant in the rela- In conference with the House of Rep- document, so I will ask that it be tions between our two countries. resentatives, Senator LUGAR and I once printed in the RECORD at the end of This bill is a tremendous victory for again worked for a measure that could these remarks. U.S.-India relations. And it increases gain broad support from the Senate. The Board of Governors memo makes the prospect for stability and progress We worked with the House conferees to clear that safeguards on nuclear mate- in South Asia and the rest of the world. craft a bill that embodied the best rial will extend until that material no It has become cliche´ to speak of the ideas from each house of Congress. At longer has any possible nuclear weap- U.S.-India relationship as a bond be- the same time, we worked with the Ad- ons use, or until it is exchanged with tween the world’s oldest democracy ministration to reach agreement on a an equal amount of previously and the world’s largest democracy—but wide range of issues, without sacri- unsafeguarded material, or until it this cliche´ is also a fact. Shared polit- ficing the principles that each house leaves the country—in which case safe- ical values are the foundation for our had written into its legislation. We and guards may continue elsewhere. In relationship, a firm belief in the dig- the other conferees chose substance other words, if you move some im- nity of man and the consent of the gov- over rhetoric. The result is a con- ported fuel or equipment to a new loca- erned. ference report that will command the tion, that location becomes subject to Senator LUGAR and I yield to no one same broad, bipartisan support today safeguards. in our commitment to nuclear non- that was demonstrated in the Senate 3 The memo also makes clear that proliferation. We have taken great weeks ago. safeguards on ‘‘nuclear material, equip- care, in this legislation, to protect the I would like also to acknowledge the ment, facilities or non-nuclear mate- role of Congress and of the inter- staff members who have contributed to rial’’ supplied to a nuclear facility will national institutions that enforce nu- the success of this legislation. On the apply as well to fissile material ‘‘pro- clear nonproliferation. Senate side, the Foreign Relations duced, processed or used in or in con- This legislation was the result of Committee was most ably served by nection with’’ a safeguarded facility. In hard compromises—compromises be- Ken Myers III, Thomas Moore, Edward other words, any fissile material pro- tween our two countries and between Levine and Brian McKeon. Mr. Stephen duced by a safeguarded facility be- Congress and the executive branch. The Rademaker of the majority leader’s comes subject to safeguards even after end result, however, was overwhelming staff was also an important contributor it leaves that facility. Until that out- bipartisan support, in both the House to our efforts. On the House side, the put no longer has any possible nuclear and the Senate. That level of broad, conferees were most ably served by weapons use, safeguards follow it; that solid, bipartisan buy-in was absolutely Douglas Seay, David Fite and David is a real example of perpetuity of sanc- essential when crafting legislation Abramowitz, among others. tions. with such long-term impact on vital The U.S.-India agreement is much At the same time, perpetuity does American interests. more than just a nuclear deal. I believe not mean that a facility will be subject

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00177 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11824 CONGRESSIONAL RECORD — SENATE December 8, 2006 to safeguards until the end of time. A India would likely be collapsing any- (3) With respect to nuclear material, condi- facility can be decommissioned so that way. tions for removal are those set out in para- it, too, no longer has any possible nu- The material follows. graph 26 or 27 of the Agency’s Safeguards clear weapons use. Or, if the only rea- System; with respect to equipment, facilities SAFEGUARDS and non-nuclear material, conditions for re- son for safeguards is that the facility (b) THE FORMULATION OF CERTAIN PROVISIONS moval could be based on paragraph 26. A has imported equipment or material, IN AGREEMENTS UNDER THE AGENCY’S SAFE- number of agreements already concluded removal of all such equipment or mate- GUARDS SYSTEM (1965, AS PROVISIONALLY have prescribed such conditions in part, by rial from the facility could render it el- EXTENDED IN 1966 AND 1968) providing for deletion from the inventory of igible for removal from safeguards. Memorandum by the Director General nuclear material, equipment and facilities which are returned to the supplying State or Thus, India’s reprocessing plant is safe- (1) A substantial number of Governors have transferred (under safeguards) to a third guarded when it handles spent fuel urged that there should be a greater degree State. The additional provisions con- from imported uranium, but not when of standardization than in the past with re- templated would stipulate that items or non- India is using it to reprocess spent fuel spect to the duration and termination of nuclear material could be removed from the such agreements as may henceforth be con- made from domestic uranium. That is purview of the agreement if they had been cluded under the Agency’s Safeguards Sys- the way safeguards have worked for consumed, were no longer usable for any nu- tem (1965, as Provisionally Extended in 1966 years in India. clear activity relevant from the point of and 1968) for the application of safeguards in The Government of India has an- view of safeguards or had become practicably connection with nuclear material, equip- nounced that eight more of its existing irrecoverable. power reactors will be declared as civil ment, facilities or non-nuclear material sup- (4) The effect of reflecting the two con- plied to States by third parties. To achieve cepts in agreements would be that special and opened to IAEA inspection. India this, it is recommended that the following would gain great credibility if it were fissionable material which had been pro- two concepts should be reflected in these duced, processed or used in or in connection to let those reactors be inspected even agreements: with supplied material or items before they if they use domestic nuclear fuel. In- (a) That the duration of the agreement were removed from the scope of the agree- dian officials have suggested, however, should be related to the period of actual use ment, would remain or be listed in the inven- that they may insist upon the right to of the items in the recipient State; and tory, and such special fissionable material, remove those reactors from safeguards (b) That the provisions for terminating the together with any supplied nuclear material if foreign fuel supplies are cut off, and agreement should be formulated in such a remaining in the inventory, would be subject way that the rights and obligations of the to safeguards until the Agency had termi- the safeguards agreement that India parties continue to apply in connection with negotiates with the IAEA may allow nated safeguards on that special fissionable supplied nuclear material and with special and nuclear material in accordance with the for that. There is precedent for such an fissionable material produced, processed or provisions of the Agency’s Safeguards Sys- arrangement, in states that do not used in or in connection with supplied nu- tem. Thus, the actual termination of the op- have full-scope safeguards, and it clear material, equipment, facilities or non- eration of the provisions of the agreement would be up to the IAEA Board of Gov- nuclear material, until such time as the would take place only when everything had ernors, of which the United States is a Agency has terminated the application of been removed from the inventory.∑ member, to decide whether that ar- safeguards thereto, in accordance with the provisions of paragraph 26 or 27 of the Agen- Mr. LUGAR. Mr. President, today the rangement was permissible in this cy’s Safeguards System. Senate passes H.R. 5682, the Henry J. case. It would be up to Congress and A short exposition with respect to the ap- Hyde United States-India Peaceful the Nuclear Suppliers Group, of course, plication of these concepts is annexed here- Atomic Energy Cooperation Act. to consider whether that sort of safe- to. This agreement is the most impor- guards arrangement was sufficient to (2) The proposed standardization would ap- tant strategic diplomatic initiative un- warrant authorizing peaceful nuclear pear likely to facilitate the uniform applica- dertaken by President Bush. By con- commerce with India. And it would be tion of safeguards measures. It is further- cluding this pact and the far-reaching more to be noted that the combined oper- up to the executive branch to deter- ation of the two concepts would be con- set of cooperative agreements that ac- mine whether to authorize a particular sistent with the application of the general company it, the President has em- export to India, in light of the safe- principle embodied in paragraph 16 of the braced a long-term outlook that seeks guards that would govern the facility Agency’s Safeguards System. to enhance the core strength of our for- for which the export was requested. REQUESTED ACTION BY THE BOARD eign policy in a way that will give us India has also said that many new (3) In bringing this matter to the Board’s new diplomatic options and improve power reactors will be put under IAEA attention, the Director General seeks the global stability. safeguards. If those reactors are for- views of the Board as to whether it concurs The Committee on Foreign Relations eign-built, like the Tarapur reactor, with the two concepts set out in paragraph 1 undertook an extensive review of this there will be no way that they can be above. agreement. We held 4 public hearings withdrawn from safeguards unless they with testimony from 17 witnesses, in- are decommissioned. If they are domes- ANNEX cluding Secretary of State Condoleezza tic designs but use some foreign equip- (1) In the case of receipt by a State of Rice. We received a classified briefing ment, there will be no way to withdraw source or special fissionable material, equip- from Under Secretaries of State Nick them from safeguards without first re- ment, facilities or non-nuclear material from Burns and Bob Joseph. Numerous brief- a supplier outside that State, the duration of moving the foreign equipment. And if the relevant agreement under the Agency’s ings were held for staff with experts foreign equipment should be used in Safeguards System would be related to the from the Congressional Research Serv- one of the eight domestically built re- actual use in the recipient State of the mate- ice, the State Department, and the Na- actors that are put under safeguards, rial or items supplied. This may be accom- tional Security Council. I submitted then that equipment, too, would have plished by requiring, in accordance with more than 170 written questions for the to be removed before that reactor could present practice, that the material or items record to the Department of State on be removed from safeguards. supplied be listed in the inventory called for details of the agreement and posted the As a matter of principle, then, per- by the agreement. answers on my web site. petuity in safeguards applies more to (2) The primary effect of termination of The agreement allows India to re- the agreement, either by act of the parties or material and equipment than it does to effluxion of time, would be that no further ceive nuclear fuel, technology, and re- a whole facility, unless that facility is supplied nuclear material, equipment, facili- actors from the United States—bene- foreign-built. In practice, however, the ties or non-nuclear material could be added fits that were previously denied to only reactors that India might pull out to the inventory. On the other hand, the India because of its status outside the of its safeguards regime would be the rights and obligations of the parties, as pro- Nuclear Non-Proliferation Treaty, eight newly-safeguarded ones, and I be- vided for in the agreement, would continue (NPT). This pact can be a lasting in- lieve that the only time that this to apply in connection with any supplied ma- centive for India to abstain from fur- might occur would be if India were to terial or items and with any special fission- ther nuclear weapons tests and to co- able material produced, processed or used in come under sanctions because of im- or in connection with any supplied material operate closely with the United States proper nuclear activities or weapons or items which had been included in the in- in stopping proliferation, and our legis- proliferation. In such a case, the re- ventory, until such material or items had lation further strengthens this situa- gime for nuclear cooperation with been removed from the inventory. tion.

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00178 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11825 The conference agreement before us system. Our Additional Protocol is one There being no objection, the Senate is an important step toward imple- part of that support, just like our an- proceeded to consider the concurrent menting the nuclear agreement with nual voluntary contributions to the resolution. India, but we should understand that it IAEA, and they involve significant con- Mr. FRIST. I ask unanimous consent is not the final step. This legislation gressional oversight and involvement. that the resolution be agreed to, the sets the rules for subsequent Congres- Approval of this legislation today is motion to reconsider be laid upon the sional consideration of a so-called 123 good news because it shows that Con- table, and any statements be printed in agreement between the United States gress supports the critical non- the RECORD. and India. A 123 agreement is the term proliferation work of the IAEA. The PRESIDING OFFICER. Without for an agreement for civil nuclear co- I thank Senator BIDEN for his close objection, it is so ordered. operation arranged pursuant to the cooperation on developing this con- The concurrent resolution (H. Con. conditions outlined in section 123 of ference agreement. I thank our House Res. 503) was agreed to, as follows: YDE the Atomic Energy Act of 1954. colleagues, Chairman H and Rank- H. CON. RES. 503 I am pleased to note that the con- ing Member LANTOS, for their close co- Resolved by the House of Representatives (the ference agreement does not restrict nor operation and hard work. Together, we Senate concurring), That when the House ad- does it predetermine congressional ac- have constructed a law that allows the journs on the legislative day of Friday, De- tion on the forthcoming 123 agreement. United States to seize an important cember 8, 2006, or Saturday, December 9, 2006, Unlike the administration’s original strategic opportunity while ensuring a on a motion offered pursuant to this concur- legislative proposal, this bill preserves strong congressional oversight role, re- rent resolution by its Majority Leader or his congressional prerogatives with regard inforcing U.S. nonproliferation efforts designee, it stand adjourned sine die, or until to consideration of a future 123 agree- and maintaining our responsibilities the time of any reassembly pursuant to sec- ment. Under the administration’s under the NPT. I also want to thank all tion 2 of this concurrent resolution; and that original proposal, the 123 agreement members of the Foreign Relations when the Senate adjourns on any day from Friday, December 8, 2006, through Wednes- would have entered into force 90 days Committee for their support. day, December 13, 2006, on a motion offered after submission unless both Houses of Mr. BYRD. Mr. President, the Senate pursuant to this concurrent resolution by its Congress voted against it and with ma- is set to give rubberstamp approval to Majority Leader or his designee, it stand ad- jorities that could overcome a likely legislation that would waive the most journed sine die, or until the time of any re- Presidential veto. I am pleased the ad- important parts of our nuclear non- assembly pursuant to section 2 of this con- ministration changed course on this proliferation laws, but only with re- current resolution. matter and agreed to submit the 123 spect to India. This so-called U.S.-India SEC. 2. The Speaker of the House and the agreement with India to Congress nuclear cooperation agreement is a Majority Leader of the Senate, or their re- mistake, and our Nation’s efforts to spective designees, acting jointly after con- under existing procedures in the Atom- sultation with the Minority Leader of the ic Energy Act. This means that both draw a line in the sand against further House and the Minority Leader of the Sen- the House and the Senate must cast a proliferation of nuclear materials and ate, shall notify the Members of the House positive vote of support before the 123 technology may suffer as a result. and the Senate, respectively, to reassemble agreement can enter into force. In my This agreement signals the willing- at such place and time as they may des- view, this better protects Congress’s ness of the United States to look the ignate if, in their opinion, the public interest role in the process and ensures congres- other way when it comes to compliance shall warrant it. sional views will be taken into consid- with the Nuclear Non-Proliferation Mr. FRIST. I suggest the absence of a eration. In addition, it does not limit Treaty. At a time when nuclear weap- quorum. our actions to a single ‘‘no’’ vote, ons programs in North Korea and Iran The PRESIDING OFFICER. The which could have severe consequences are front-page news, the United States clerk will call the roll. for United States-India relations. It should not be giving its blessing to any The legislative clerk proceeded to would be particularly risky if that nuclear weapons program that is not in call the roll. were the only course available to Con- one hundred percent compliance with Mr. FRIST. Mr. President, I ask gress, no matter what its concerns may all nonproliferation treaties. It is espe- unanimous consent that the order for be. cially galling that the only thing the the quorum call be rescinded. Title II of this conference agreement United States appears to be getting The PRESIDING OFFICER. Without contains legislation on the U.S. Addi- from this agreement is a vague assur- objection, it is so ordered. ance of improved relations. That just tional Protocol to its safeguards agree- f ment with the International Atomic does not sounds like a good deal to me. Energy Agency AEA. President Bush India is a strategically important URGING AGREEMENT FOR called on the Senate to ratify this im- country, and the influence of the PEACEKEEPING FORCE portant agreement on February 11, world’s most populous democracy is ex- Mr. FRIST. Mr. President, I ask 2004, and the Senate did so on March 31, pected to increase in the coming years. unanimous consent that the Senate 2004. This conference agreement con- Closer relations between the United proceed to the immediate consider- tains important implementing provi- States and India is a worthy goal. How- ation of S. 631, submitted earlier today. sions for our Additional Protocol that ever, the nuclear cooperation agree- The PRESIDING OFFICER. The the Senate Committee on Foreign Re- ment before the Senate is a bad deal clerk will report the resolution by lations has been working on for more for the United States, and I will not title. than 2 years. This legislative measure support it. The legislative clerk read as follows: is critical because our Additional Pro- f A resolution (S. Res. 631) urging the Gov- tocol is not a self-executing agreement, PROVIDING FOR THE SINE DIE AD- ernment of Sudan and the international and passage of implementing legisla- JOURNMENT OF THE SECOND community to implement the agreement for tion completes Congressional action SESSION OF THE ONE HUNDRED a peacekeeping force under the command and permits the agreement to come NINTH CONGRESS and control of the United Nations in Darfur. into force. Our action today will allow There being no objection, the Senate Mr. FRIST. I ask unanimous consent the President to complete U.S. ratifi- proceeded to consider the resolution. that the Senate proceed to the imme- cation and make this Nation a party to Mr. DURBIN. Mr. President, along diate consideration of H. Con. Res. 503, this important IAEA safeguards meas- with Senator BROWNBACK, Senator which was received from the House. ure. U.S. ratification and implementa- The PRESIDING OFFICER. The KENNEDY, and others, I rise today in tion of the Additional Protocol will clerk will report the concurrent resolu- support of a bipartisan resolution on give Secretary Rice and our represent- tion by title. the crisis in Darfur, Sudan, and the ur- ative to the IAEA in Vienna, Austria, The legislative clerk read as follows: gent need to get a robust peacekeeping an important diplomatic tool in the A concurrent resolution (H. Con. Res. 503) force on the ground there as soon as battle against proliferation as we providing for the sine die adjournment of the possible. maintain our longstanding leadership second session of the One Hundred Ninth This Congress will adjourn in the and support for the IAEA safeguards Congress. next several hours or several days, but

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00179 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11826 CONGRESSIONAL RECORD — SENATE December 8, 2006 the crisis in Darfur continues. As it lion have been driven from their Whereas, on September 9, 2004, Secretary continues, many innocent people will homes. In recent months, violence has of State Colin Powell testified that ‘‘geno- lose their lives in what our administra- escalated. cide has been committed in Darfur’’; You and I and our colleagues in the Whereas, on June 30, 2005, President Bush tion and most of the world has charac- confirmed that ‘‘the violence in Darfur re- terized as genocide. Senate are thinking now about holiday gion is clearly genocide [and t]he human cost On Wednesday of this week, in a gifts, Christmas gifts. We are thinking is beyond calculation’’; meeting with the United States Special about being with our families and shar- Whereas, on May 8, 2006, President Bush Envoy to the Sudan, Andrew Natsios, ing a peaceful moment in our homes stated, ‘‘We will call genocide by its rightful we asked him: What can Congress do at with our friends and with those we love name, and we will stand up for the innocent this point in time to help? Along with at this time of year. As we consider the until the peace of Darfur is secured.’’; some technical changes in law that we safety and security of our lives in the Whereas hundreds of thousands of people have died and over 2,500,000 have been dis- will certainly consider, Mr. Natsios United States as we approach this holi- placed in Darfur since 2003; asked that we pass this resolution. day season, we cannot forget those who Whereas the Government of Sudan has Again, I think his hope is we will bring are suffering and dying around the failed in its responsibility to protect the this matter to the attention of the world and in this spot on Earth known many peoples of Darfur; American people and express to the as Darfur. You cannot pick up a news- Whereas the international community has world community our continuing paper in America this week without failed to hold persons responsible for crimes alarm over this crisis in Darfur. seeing full-page ads urging the United against humanity in Darfur accountable; The President approved Mr. Natsios Whereas, on May 5, 2006, the Government States to take action, urging Congress of Sudan and the largest rebel faction in to his position in September. For to take action. This resolution we pass Darfur, the Sudan Liberation Movement, led months before that, many of us here in may not save a single life, but it may by Minni Minnawi, signed the Darfur Peace the Senate had urged the President to start a call to arms across this country Agreement (DPA); name a special envoy. We believed that and around the world that we will not Whereas the Government of Sudan has not violence and suffering in Darfur de- tolerate a genocide. disarmed and demobilized the Janjaweed demanded a single individual in a leader- Over 10 years ago there was a geno- spite repeated pledges to do so, including in ship position who could devote all his cide in Rwanda. Sadly, we never ac- the DPA; Whereas violence in Darfur escalated in time and energy to working to resolve cepted the reality of what faced us. the months following the signing of the this terrible crisis. That places a spe- Sadly, we never responded. There were DPA, with increased attacks against civil- cial obligation on us to listen when Mr. a few stalwart, courageous voices in ians and humanitarian workers; Natsios asks for help. the Senate. My predecessor Senator Whereas violence has spread to the neigh- The resolution before us spells out Paul Simon, and the retiring Senator boring states of Chad and the Central Afri- the terrible facts of the genocide in from Vermont, JIM JEFFORDS, spoke can Republic, threatening regional peace and Darfur and outlines two significant re- out. If they had been listened to, hun- security; sponses by the international commu- Whereas, in July 2006, more humanitarian dreds of thousands of lives could have aid workers were killed than in the previous nity. The first was the passage by the been spared in the Rwandan genocide. 3 years combined; United Nations Security Council of Now this is our time. Whereas increased violence has forced Resolution 1706, which authorized a I commend President Bush and his some humanitarian organizations to suspend 23,000-person peacekeeping force to administration for acknowledging that, operations, leaving 40 percent of the popu- Darfur, which was to be deployed no indeed, we face a genocide. But having lation of Darfur inaccessible to aid workers; later than October 1 of this year. It is made that admission, it calls on every Whereas, on August 30, 2006, the United Na- now well into December, and not a sin- civilized country on earth and every tions Security Council passed Security Coun- cil Resolution 1706 (2006), asserting that the gle U.N. peacekeeper has been deployed civilized person on Earth to do some- existing United Nations Mission in Sudan to Darfur, for the simple reason the Su- thing, not just to acknowledge this ter- (UNMIS) ‘‘shall take over from [African Mis- danese Government has continued to rible human tragedy but to do some- sion in Sudan] AMIS responsibility for sup- refuse to give consent to this United thing. porting the implementation of the Darfur Nations mission to be sent expressly to In our meeting this week, special Peace Agreement upon the expiration of protect innocent people in Darfur. envoy Natsios described one murder AMIS’ mandate but in any event no later It looked for a moment last month as among many. He told us of a woman in than 31 December 2006’’, and that UNMIS if Secretary General Kofi Annan had ‘‘shall be strengthened by up to 17,300 mili- a refugee camp whose 1-year-old baby tary personnel . . . up to 3,300 civilian police managed to break through this im- was shot and killed by a jingaweit mili- personnel and up to 16 Formed Police Units’’, passe. tia man while she held the baby in her which ‘‘shall begin to be deployed [to Darfur] On November 16, Secretary General arms. The world cannot allow this to no later than 1 October 2006’’; Annan, along with the African Union, happen. Today we express our strong- Whereas, on September 19, 2006, President met in Ethiopia and helped broker the est support for a real peacekeeping Bush announced the appointment of Andrew Addis Ababa agreement with the Suda- force for Darfur made up of African Natsios as Presidential Special Envoy to nese Foreign Minister. This agreement Union and U.N. personnel to save the Sudan to lead United States efforts to bring laid out a roadmap for a joint or hybrid peace to the Darfur region in Sudan; next child in a mother’s arms. Whereas, on November 16, 2006, high-level peacekeeping mission combining I urge the Senate to pass this resolu- consultations led by Kofi Annan, Secretary United Nations and African Union per- tion. I say with real regret that it is General of the United Nations, and Alpha sonnel under U.N. command and con- certainly the least we can do today. I Oumar Konare, Chairperson of the African trol. The Sudanese agreed to this in certainly wish we could do more. Union Commission, and including represent- principle, although they did not agree Mr. FRIST. Mr. President, I ask atives of the Arab League, the European on the spot to the numbers spelled out unanimous consent that the resolution Union, the Government of Sudan, and other in the agreement; namely, 10,000 addi- be agreed to, the preamble be agreed national governments, produced the ‘‘Addis tional military peacekeepers and 3,000 to, the motion to reconsider be laid Ababa Agreement’’; Whereas the Agreement stated that the police officers. These troops could join upon the table, and that any state- Darfur conflict could be resolved only the 7,000 African Union monitors al- ments relating to the resolution be through an all-inclusive political process; ready in Darfur. printed in the RECORD. Whereas the Agreement stated that the The resolution we have introduced on The PRESIDING OFFICER. Without DPA must be made more inclusive, and a bipartisan basis expresses the support objection, it is so ordered. ‘‘called upon all parties—Government and of the United States Senate for this The resolution (S. Res. 631) was DPA non-signatories—to immediately com- agreement, as well as U.N. Security agreed to. mit to a cessation of hostilities in Darfur in Council Resolution 1706. It also de- The preamble was agreed to. order to give [the peace process] the best clares that numbers and standards laid The resolution, with its preamble, chances for success’’; Whereas the Agreement included a plan to out in the Addis Ababa agreement rep- reads as follows: establish a United Nations–African Union resent the minimum acceptable. Hun- S. RES. 631 peacekeeping operation; dreds of thousands of people have died Whereas Congress declared on July 22, 2004 Whereas the Agreement stated that the in Darfur over the last 3 years; 21⁄2 mil- that the atrocities in Darfur were genocide; peacekeeping operation would consist of

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00180 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11827 17,000 military troops and 3,000 police, and for by United Nations Security Council Reso- Whereas, at the 2005 United States–Euro- would have a primarily African character; lution 1706; pean Union Summit, the United States and Whereas the Agreement stated that the (B) ensure the ability of any peacekeeping the European Union agreed upon numerous peacekeeping operation must be logistically force deployed to Darfur to carry out its measures to expand economic ties, including and financially sustainable, with support mandate by providing adequate funding and the establishment of an official dialogue on coming from the United Nations; working with our international partners to regulatory cooperation between the Office of Whereas the Agreement stated that com- provide technical assistance, logistical sup- Management and Budget of the United mand and control structures for the United port, intelligence gathering capabilities, and States and the European Commission; Nations–African Union force would be pro- military assets; Whereas, at the 2006 United States–Euro- vided by the United Nations; (C) work with members of the United Na- pean Union Summit, President George W. Whereas the Government of Sudan’s For- tions Security Council and the international Bush, European Union Council President eign Minister agreed to the conclusions of community to develop and impose a set of Wolfgang Schuessel, and European Commis- the High Level Consultation on the Situa- meaningful economic and diplomatic sanc- sion President Jose Manuel Barroso declared tion in Darfur, though the Foreign Minister tions against the Government of Sudan in a joint statement, ‘‘We will redouble our indicated that he would need to consult with should the Government of Sudan continue to efforts to promote economic growth and in- his government on the size of the peace- refuse to cooperate with the implementation novation and reduce the barriers to trans- keeping mission; of United Nations Security Council Resolu- atlantic trade and investment by imple- Whereas, at an international press con- tion 1706 and the principles contained in the menting all aspects of the Transatlantic ference on November 27, 2006, Sudanese Addis Ababa Agreement; and Economic Initiative . . . .’’; President Omar Hassan Al-Bashir rejected (D) work with members of the United Na- Whereas, on November 9, 2006, the United the Addis Ababa Agreement and reiterated tions Security Council and the international States and the European Union held the sec- his objections to any substantive United Na- community to address escalating insecurity ond economic ministerial meeting to further tions involvement in Darfur, saying, ‘‘Troops in Chad and the Central African Republic; the implementation of the agreements of the in Darfur should be part of the [African and 2005 and 2006 United States–European Union Union] AU and under command of the AU’’; (7) strongly supports United Nations Secu- Summits, focusing on regulatory coopera- Whereas it is imperative that a peace- rity Council Resolution 1706 and the prin- tion, intellectual property rights, energy se- keeping force in Darfur have the sufficient ciples embedded therein. curity, and innovation; and Whereas non-tariff trade barriers such as strength and mandate to provide adequate f security to the people of Darfur; and regulatory divergence continue to pose the Whereas Presidential Special Envoy An- URGING THE UNITED STATES AND most significant obstacles to transatlantic drew Natsios set December 31, 2006 as the THE EUROPEAN UNION TO WORK trade, including in areas such as pharma- deadline for the Government of Sudan to TOGETHER TO STRENGTHEN THE ceuticals, automobile safety, information comply with the demands of the inter- TRANSATLANTIC MARKET and communications technology standards, national community or face serious con- cosmetics, consumer product safety, consequences: Now, therefore, be it Mr. FRIST. Mr. President, I ask sumer protection enforcement cooperation, unanimous consent that the Senate Resolved, That the Senate— unfair commercial practices, nutritional la- (1) supports, given the rapidly deterio- proceed to the immediate consider- beling, food safety, maritime equipment, rating situation on the ground in Darfur, the ation of S. Res. 632, submitted earlier eco-design, chemicals, energy efficiency, principles of the Addis Ababa Agreement in today. telecommunications and radiocommuni- order to increase security and stability for The PRESIDING OFFICER. The cations equipment, and medical devices: the people of Darfur; clerk will report the resolution by Now, therefore, be it Resolved, That the Senate— (2) declares that the deployment of a title. (1) supports efforts by the United States United Nations–African Union peacekeeping The legislative clerk read as follows: and the European Union to fulfill commit- force under the command and control of the A resolution (S. Res. 632) urging the United ments made in recent United States–Euro- United Nations, as laid out in the Addis States and the European Union to work to- pean Union Summits to implement all as- Ababa Agreement, is the minimum accept- gether to strengthen the transatlantic mar- pects of the United States–European Union able effort on the part of the international ket. Initiative to Enhance Transatlantic Eco- community to protect the people of Darfur; There being no objection, the Senate nomic Integration and Growth; (3) further supports the strengthening of (2) calls upon the leadership of the United the African Union peacekeeping mission in proceeded to consider the resolution. States and the European Union to identify Sudan so that it may improve its perform- Mr. FRIST. Mr. President, I ask and eliminate unnecessary regulatory com- ance with regards to civilian protection as unanimous consent that the resolution pliance costs and non-tariff barriers to trade the African Union peacekeeping mission be- be agreed to, the preamble be agreed and investment at an accelerated pace; and gins to transfer responsibility for protecting to, and the motion to reconsider be laid (3) urges the leadership of the United the people of Darfur to the United Nations– upon the table. States and the European Union at the 2007 African Union peacekeeping force under the The PRESIDING OFFICER. Without United States–European Union Summit to command and control of the United Nations, objection, it is so ordered. agree to— as laid out in the Addis Ababa Agreement; The resolution (S. Res. 632) was (A) a target date of 2015 for completing the (4) calls upon the Government of Sudan to agreed to. transatlantic market; and immediately— The preamble was agreed to. (B) a jointly funded, cooperatively led (A) allow the implementation of the United The resolution, with its preamble, study of existing obstacles to creating a Nations light and heavy support packages as transatlantic market, including sector-by- provided for in the Addis Ababa Agreement; reads as follows: sector estimates of the costs of existing bar- and S. RES. 632 riers to trade and investment, the costs and (B) work with the United Nations and the Whereas a robust and cooperative trans- benefits of removing the barriers identified, international community to deploy United atlantic economic relationship is in the mu- and a timetable for removing those barriers. Nations peacekeepers to Darfur in keeping tual interest of the United States and the with United Nations Security Council Reso- European Union; f lution 1706 (2006); Whereas the strength of the transatlantic CONDEMNING CONFERENCE DENY- (5) calls upon all parties to the conflict to economic relationship underpins global eco- ING THE HOLOCAUST OCCURRED immediately— nomic stability and resiliency; (A) adhere to the 2004 N’Djamena ceasefire; Whereas the United States–European Mr. FRIST. Mr. President, I ask and Union economic relationship is the largest unanimous consent that the Senate (B) respect the impartiality and neutrality bilateral trade and investment relationship proceed to the immediate consider- of humanitarian agencies so that relief in the world, generating roughly ation of S. Res. 633, submitted earlier workers can have unfettered access to their $3,000,000,000,000 in total commercial sales today. beneficiary populations and deliver des- annually and providing employment for up The PRESIDING OFFICER. The perately needed assistance; to 14,000,000 people in the United States and clerk will report the resolution by (6) urges the President to— the European Union; title. (A) continue to work with other members Whereas, at the 2004 United States–Euro- of the international community, including pean Union Summit, President George W. The legislative clerk read as follows: the permanent members of the United Na- Bush and the leadership of the European A resolution (S. Res. 633) condemning the tions Security Council, the African Union, Union jointly pledged to strengthen the conference denying that the Holocaust oc- the European Union, the Arab League, Su- transatlantic economic relationship by im- curred to be held by the Government of Iran dan’s trading partners, and the Government proving regulatory cooperation through the and its President, Mahmoud Ahmadinejad. of Sudan to facilitate the urgently needed Roadmap for United States–European Union There being no objection, the Senate deployment of the peacekeeping force called Regulatory Cooperation and Transparency; proceeded to consider the resolution.

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00181 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11828 CONGRESSIONAL RECORD — SENATE December 8, 2006 Mr. FRIST. Mr. President, I ask ation of S. Res. 634, which was sub- The Chair laid before the Senate a unanimous consent that the resolution mitted earlier today. message from the House of Representa- be agreed to, the preamble be agreed The PRESIDING OFFICER. The tives, as follows: to, the motion to reconsider be laid clerk will report the resolution by S. 707 upon the table, and that any state- title. Resolved, That the bill from the Senate (S. ments relating to the resolution be The legislative clerk read as follows: 707) entitled ‘‘An Act to reduce preterm printed in the RECORD, as if read, with- A resolution (S. Res. 634) honoring the life labor and delivery and the risk of pregnancy- out intervening action or debate. and achievements of Tom Carr, Congres- related deaths and complications due to The PRESIDING OFFICER. Without sional Research Service analyst, and extend- pregnancy, and to reduce infant mortality objection, it is so ordered. ing the condolences of the Senate on the oc- caused by prematurity’’, do pass with the casion of his death. following amendment: The resolution (S. Res. 633) was Strike out all after the enacting clause and agreed to. There being no objection, the Senate insert: The preamble was agreed to. proceeded to consider the resolution. SECTION 1. SHORT TITLE. The resolution, with its preamble, Mr. FRIST. Mr. President, I ask This Act may be cited as the ‘‘Prematurity Re- reads as follows: unanimous consent that the resolution search Expansion and Education for Mothers S. RES. 633 be agreed to, the preamble be agreed who deliver Infants Early Act’’ or the ‘‘PREEMIE Act’’. Whereas, on December 11 and 12, 2006, the to, and the motion to reconsider be laid Foreign Ministry of Iran will convene a con- upon the table. SEC. 2. PURPOSE. ference in Tehran to provide Holocaust The PRESIDING OFFICER. Without It the purpose of this Act to— deniers a public platform from which to objection, it is so ordered. (1) reduce rates of preterm labor and delivery; espouse their hatred; (2) work toward an evidence-based standard The resolution (S. Res. 634) was of care for pregnant women at risk of preterm Whereas 11,000,000 people, including agreed to. 6,000,000 Jews, were viciously murdered in labor or other serious complications, and for in- The preamble was agreed to. fants born preterm and at a low birthweight; Nazi death camps during World War II; The resolution, with its preamble, Whereas President Dwight Eisenhower and (3) reduce infant mortality and disabilities stated unequivocally, after visiting Nazi reads as follows: caused by prematurity. death camps in 1945, ‘‘The things I saw beg- S. RES. 634 gar description. . . . The visual evidence and Whereas Tom Carr served Congress with SEC. 3. RESEARCH RELATING TO PRETERM the verbal testimony of starvation, cruelty, LABOR AND DELIVERY AND THE distinction for 31 years at the Library of CARE, TREATMENT, AND OUTCOMES and bestiality were . . . overpowering. . . . I Congress as an analyst for the Congressional OF PRETERM AND LOW BIRTH- made the visit deliberately in order to be in Research Service; WEIGHT INFANTS. a position to give first-hand evidence of Whereas Mr. Carr held a bachelor’s degree (a) GENERAL EXPANSION OF CDC RESEARCH.— these things if ever, in the future, there de- in history from Catholic University in Wash- Section 301 of the Public Health Service Act (42 velops a tendency to charge these allegations ington, D.C., and a master’s degree in infor- U.S.C. 241 et seq.) is amended by adding at the merely to ‘propaganda’.’’; mation systems from Strayer University in end the following: Whereas the Holocaust is an undeniable Fredericksburg, Virginia; ‘‘(e) The Secretary, acting through the Direc- fact of history and the upcoming conference Whereas Mr. Carr was born in Jackson- tor of the Centers for Disease Control and Pre- in Tehran will serve only to perpetuate in- ville, Illinois, and grew up in Atlanta, Geor- vention, shall expand, intensify, and coordinate tolerance and hatred; gia; the activities of the Centers for Disease Control Whereas Mahmoud Ahmadinejad, the Whereas Mr. Carr was an expert on con- and Prevention with respect to preterm labor President of Iran, has repeatedly said that gressional committees, House and Senate and delivery and infant mortality.’’. Israel must be ‘‘wiped off the map’’ and that floor procedure, and congressionally created (b) STUDIES ON RELATIONSHIP BETWEEN PRE- ‘‘[a]nybody who recognizes Israel will burn commissions; MATURITY AND BIRTH DEFECTS.— in the fire of the Islamic nation’s fury’’; Whereas Mr. Carr was an enthusiastic (1) IN GENERAL.—The Secretary of Health and Whereas the Secretary of State has identi- teacher of congressional procedure to staff, Human Services, acting through the Director of fied Iran as a state sponsor of terrorism that helping them to do their jobs better; the Centers for Disease Control and Prevention, has repeatedly provided support for acts of Whereas Mr. Carr was an accomplished and shall, subject to the availability of appropria- international terror; entertaining public speaker who founded the tions, conduct ongoing epidemiological studies Whereas the Government of Iran sponsors Library of Congress chapter of the Toast- on the relationship between prematurity, birth terrorist organizations such as Hezbollah, masters and was president of the Capitol Hill defects, and developmental disabilities. Hamas, Islamic Jihad, the al-Aqsa Martyrs Toastmasters; (2) REPORT.—Not later than 2 years after the Brigades, and the Popular Front for the Lib- Whereas Mr. Carr worked tirelessly and date of enactment of this Act, and every 2 years eration of Palestine–General Command by cheerfully in service to Congress and set a thereafter, the Secretary of Health and Human providing funding, training, weapons, and high example for his colleagues; Services, acting through the Director of the Cen- safe haven to such organizations; Whereas Mr. Carr was distinguished for the ters for Disease Control and Prevention, shall Whereas the Government of Iran has con- generous enthusiasm with which he met the submit to the appropriate com1nittees of Con- tinually defied international demands to needs of colleagues and clients alike, as well gress reports concerning the progress and any curtail its uranium enrichment programs as for his persistent and expansive good results of studies conducted under paragraph and development of nuclear weapons; humor and wit; and (1). Whereas the Government of Iran has pro- Whereas Mr. Carr faithfully discharged his (c) PREGNANCY RISK ASSESSMENT MONITORING vided resources, material, and support to or- duties and responsibilities in a wide variety SURVEY.— ganizations whose goal is to destabilize Iraq of demanding positions in public life with (1) IN GENERAL.—The Secretary of Health and and Lebanon; and honesty, integrity, loyalty, and humility: Human Services, acting through the Director of Whereas the outrageous statements of Mr. Now, therefore, be it the Centers for Disease Control and Prevention, Ahmadinejad do not represent the beliefs of Resolved, That the Senate— shall establish systems for the collection of ma- Muslims worldwide: Now, therefore, be it (1) honors the life and achievements of ternal-infant clinical and biomedical informa- Resolved, That the Senate— Congressional Research Service Analyst tion, including electronic health records, elec- (1) condemns the conference denying that Tom Carr; tronic databases, and biobanks, to link with the the Holocaust occured that will take place in (2) expresses profound sorrow upon the oc- Pregnancy Risk Assessment Monitoring System Tehran, Iran, under the aegis of the Foreign casion of Mr. Carr’s death and extends (PRAMS) and other epidemiological studies of Ministry of Iran, on December 11 and 12, 2006; heartful condolences to those who survive prematurity in order to track pregnancy out- and him: his wife Mary (Mimi), his sons Thomas comes and prevent preterm birth. (2) calls on the President, on behalf of the and John, his mother Carswella, and his 9 (2) AUTHORIZATION OF APPROPRIATIONS.— United States, to thoroughly repudiate, in brothers and sisters; and There is authorized to be appropriated to carry the strongest terms possible, the conference (3) expresses its appreciation and respect out paragraph (1)$3,000,000 for each of fiscal and its goal of denying that the Holocaust for Mr. Carr’s exemplary record as an ana- years 2007 through 2011. occured. lyst for Congress. (d) EVALUATION OF EXISTING TOOLS AND MEASURES.—The Secretary of Health and f f Human Services shall review existing tools and HONORING THE LIFE AND PREEMIE ACT measures to ensure that such tools and measures ACHIEVEMENTS OF TOM CARR include information related to the known risk Mr. FRIST. Mr. President, I ask factors of low birth weight and preterm birth. Mr. FRIST. Mr. President, I ask unanimous consent that the Chair now (e) AUTHORIZATION OF APPROPRIATIONS.— unanimous consent that the Senate lay before the Senate the House mes- There is authorized to be appropriated to carry proceed to the immediate consider- sage to accompany S. 707. out this section, except for subsection (c),

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00182 Fmt 4624 Sfmt 6333 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11829 $5,000,000 for each of fiscal years 2007 through (3) oversee the coordination of the implemen- risk factors for preterm labor and de- 2011. tation of this Act. livery. SEC. 4. PUBLIC AND HEALTH CARE PROVIDER SEC. 6. SURGEON GENERAL’S CONFERENCE ON This is not the same bill the Senate EDUCATION AND SUPPORT SERV- PRETERM BIRTH. passed unanimously. To begin with, ICES. (a) CONVENING OF CONFERENCE.—Not later Part P of title III of the Public Health Service this bill authorizes $26 million less than 1 year after the date of enactment of this than the bill the Senate passed last Au- Act (42 U.S.C. 280g et seq.) is amended— Act, the Secretary of Health and Human Serv- (1) by redesignating the second section 399O ices, acting through the Surgeon General of the gust. This is due in large part to the re- (relating to grants to foster public health re- Public Health Service, shall convene a con- moval of authorizations for multidisci- sponses to domestic violence, dating violence, ference on preterm birth. plinary research underway at the Na- sexual assault, and stalking) as section 399P; (b) PURPOSE OF CONFERENCE.—The purpose of tional Institutes of Health. It is my and the conference convened under subsection (a) (2) by adding at the end the following: hope that despite these changes, the shall be to— NIH will continue this vital research in ‘‘SEC. 399Q. PUBLIC AND HEALTH CARE PRO- (1) increase awareness of preterm birth as a VIDER EDUCATION AND SUPPORT order to better understand the role SERVICES. serious, common, and costly public health prob- DNA plays in prematurity and to im- lem in the United States; ‘‘(a) IN GENERAL.—The Secretary, directly or prove maternal and fetal health out- through the awarding of grants to public or pri- (2) review the findings and reports issued by the Interagency Coordinating Council, key comes. vate nonprofit entities, may conduct demonstra- Nearly 1 out of every 8 babies in the tion projects for the purpose of improving the stakeholders, and any other relevant entities; provision of information on prematurity to and U.S. is born prematurely—that is more health professionals and other health care pro- (3) establish an agenda for activities in both than 1,300 babies each day and more viders and the public and improving the treat- the public and private sectors that will speed than 500,000 each year. According to re- ment and outcomes for babies born preterm. the identification of, and treatments for, the cent data, in 2002 the infant mortality ‘‘(b) ACTIVITIES.—Activities to be carried out causes of and risk factors for preterm labor and rate actually increased for the first under the demonstration project under sub- delivery. time since 1958. Much of this increase (c) REPORT.—The Secretary of Health and section (a) may include the establishment of— is attributable to infant death in the ‘‘(1) programs to test and evaluate various Human Services shall submit to the Congress strategies to provide information and education and make available to the public a report on the first month of life, of which pre- to health professionals, other health care pro- agenda established under subsection (b)(3), in- maturity is the leading cause. viders, and the public concerning— cluding recommendations for activities in the Although we know some risk factors ‘‘(A) the signs of preterm labor, updated as public and private sectors that will speed the associated with prematurity such as new research results become available; identification of, and treatments for, the causes advanced age of the mother, smoking, ‘‘(B) the screening for and the treating of in- of and risk factors for preterm labor and deliv- and certain chronic diseases, the cause fections; ery. ‘‘(c) counseling on optimal weight and good of nearly 50 percent of all premature (d) AUTHORIZATION OF APPROPRIATIONS.— births is still unknown. Prematurity nutrition, including folic acid; There is authorized to be appropriated to carry ‘‘(D) smoking cessation education and coun- out this section (other than subsection (c)) has been linked to such long-term seling; $125,000. health problems as cerebral palsy, ‘‘(E) stress management; and chronic lung disease, and vision and ‘‘(F) appropriate prenatal care; SEC. 7. EFFECTIVE DATE OF CERTAIN HEAD START REGULATIONS. hearing loss. ‘‘(2) programs to improve the treatment and According to a recent report by the outcomes for babies born premature, including Section 1310.12(a) of title 45 of the Code of the use of evidence-based standards of care by Federal Regulations (October 1, 2004) shall not Institute of Medicine, medical care health care professionals for pregnant women at be effective until June 30, 2007, or 60 days after costs due to prematurity and low birth risk of preterm labor or other serious complica- the date of the enactment of a statute that au- weight were $16.9 billion in 2005, $33,200 tions and for infants born preterm and at a low thorizes appropriations for fiscal year 2007 to per preterm infant. The March of birthweight; carry out the Head Start Act, whichever date is Dimes estimates that about half of earlier. ‘‘(3) programs to respond to the informational preterm birth medical care costs were needs of families during the stay of an infant in (At the request of Mr. REID, the following statement was ordered to be paid for by Medicaid. For employers, a neonatal intensive care unit, during the tran- health care costs for a premature baby sition of the infant to the home, and in the printed in the RECORD.) event of a newborn death; and ∑ Mr. DODD. Mr. President, I rise during the first year of life average ‘‘(4) such other programs as the Secretary de- today to speak in support of the pas- $41,610 compared to $2,830 for a full- term baby. However, none of these termines appropriate to achieve the purpose sage of the Prematurity Research Ex- specified in subsection (a). numbers can quantify the emotional pansion and Education for Mothers ‘‘(c) AUTHORIZATION OF APPROPRIA- toll a premature birth takes on a fam- who deliver Infants Early Act, the TIONS.—There is authorized to be appropriated ily. to carry out this section $5,000,000 for each of PREEMIE Act. This legislation which I That is why the PREEMIE bill is so fiscal years 2007 through 2011.’’. introduced with Senator LAMAR ALEX- essential. This legislation will go a SEC. 5. INTERAGENCY COORDINATING COUNCIL ANDER passed unanimously in the Sen- long way toward helping families dur- ON PREMATURITY AND LOW BIRTH- ate last August and I am pleased to in- WEIGHT. ing what can be the most difficult mo- (a) PURPOSE.—It is the purpose of this section form my colleagues that after working ments of their baby’s life and will help to stimulate multidisciplinary research, sci- with the House on some modifications us better understand and prevent pre- entific exchange, and collaboration among the to the bill, it has now passed in both mature births in the future. agencies of the Department of Health and Chambers. I conclude by thanking Senator Human Services and to assist the Department in The PREEMIE Act takes a big step ALEXANDER for his leadership on this targeting efforts to achieve the greatest ad- toward understanding the causes of vances toward the goal of reducing prematurity legislation. He has been a terrific part- premature birth and how to prevent it. ner in this effort and I look forward to and low birthweight. Specifically, the bill authorizes ap- (b) ESTABLISHMENT.—The Secretary of Health working with him in the 110th Con- and Human Services shall establish an Inter- proximately $65 million over 5 years to gress. I also thank Chairman ENZI and agency Coordinating Council on Prematurity expand and intensify activities at the Ranking Member KENNEDY and their and Low Birthweight (referred to in this section Centers for Disease Control and Pre- staffs for making the passage of the as the Council) to carry out the purpose of this vention with respect to preterm births PREEMIE Act a priority this Congress. section. and infant mortality, to study the rela- Lastly, I would to recognize Page (c) COMPOSITION.—The Council shall be com- tionship between prematurity and posed of members to be appointed by the Sec- Kranbuhl of Senator ALEXANDER’s staff retary, including representatives of the agencies birth defects, to carry out a public and for her work on this legislation as well of the Department of Health and Human Serv- health care provider education and sup- as Emil Wigode, Carolyn Doyle and Jo ices. portive services effort, to authorize an Merrill of the March of Dimes who (d) ACTIVITIES.—The Council shall— Interagency Coordinating Council on have stood with us every step of the (1) annually report to the Secretary of Health Prematurity and Low Birthweight, and way.∑ and Human Services and Congress on current to convene a Surgeon General’s Con- Mr. FRIST. I ask unanimous consent Departmental activities relating to prematurity ference on Preterm Birth which will and low birthweight; that the Senate concur in the House (2) carry out other activities determined ap- make recommendations to the public amendment, the motion to reconsider propriate by the Secretary of Health and and private sectors on ways to better be laid on the table, and any state- Human Services; and identify and treat the causes of and ments be printed in the RECORD.

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00183 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11830 CONGRESSIONAL RECORD — SENATE December 8, 2006 The PRESIDING OFFICER. Without Mr. FRIST. I ask unanimous consent The legislative clerk read as follows: objection, it is so ordered. the bill be read a third time and A concurrent resolution (H. Con. Res. 502) f passed, the motion to reconsider be to correct the enrollment of the bill H.R. laid upon the table, and any state- 5782. AUTHORIZING THE PRINTING AS A ments be printed in the RECORD. There being no objection, the Senate HOUSE DOCUMENT OF ‘‘UNITED The PRESIDING OFFICER. Without proceeded to consider the concurrent STATES HOUSE OF REPRESENTA- objection, it is so ordered. resolution. TIVES, THE COMMITTEE ON The bill (H.R. 4997) was ordered to a Mr. FRIST. I ask unanimous consent WAYS AND MEANS: A HISTORY, third reading, was read the third time, that the concurrent resolution be 1789–2006’’ and passed. agreed to, the motion to reconsider be Mr. FRIST. I ask unanimous consent f laid upon the table, and any state- the Senate proceed to the immediate BELARUS DEMOCRACY ments relating to the concurrent reso- consideration of H. Con. Res. 495, which REAUTHORIZATION ACT OF 2006 lution be printed in the RECORD. was received from the House. The PRESIDING OFFICER. Without Mr. FRIST. I ask unanimous consent The PRESIDING OFFICER. The objection, it is so ordered. the Senate proceed to the immediate clerk will report the concurrent resolu- The concurrent resolution (H. Con. consideration of H.R. 5948, received tion by title. Res. 502) was agreed to. from the House. The legislative clerk read as follows: The PRESIDING OFFICER. The f A concurrent resolution (H. Con. Res. 495), clerk will report the bill by title. UNITED STATES-MEXICO TRANS- authorizing the printing as a House docu- The legislative clerk read as follows: BOUNDARY AQUIFER ASSESS- ment of ‘‘United States House of Representa- A bill (H.R. 5948) to reauthorize the MENT ACT tives, The Committee on Ways and Means: A Belarus Democracy Act of 2004. History, 1789–2006’’. Mr. FRIST. Mr. President, I ask There being no objection, the Senate There being no objection, the Senate unanimous consent that the Chair lay proceeded to consider the bill. proceeded to consider the concurrent before the Senate a message from the Mr. FRIST. I ask unanimous consent House of Representatives to accom- resolution. the bill be read the third time and Mr. FRIST. I ask unanimous consent pany S. 214 to authorize the Secretary passed, the motion to reconsider be of the Interior to cooperate with the the concurrent resolution be agreed to, laid upon the table, and any state- the motion to reconsider be laid on the States on the border with Mexico and ments be printed in the RECORD. other appropriate entities in con- table, and any statements be printed in The PRESIDING OFFICER. Without the RECORD. ducting a hydrogeologic characteriza- objection, it is so ordered. tion, mapping, and modeling program The PRESIDING OFFICER. Without The bill (H.R. 5948) was ordered to a objection, it is so ordered. for priority transboundary aquifers, third reading, was read the third time, and for other purposes. The concurrent resolution (H. Con. and passed. Res. 495) was agreed to. There being no objection, the Pre- f siding Officer (Mr. BURR) laid before f APPOINTING THE DAY FOR THE the Senate the following message from DEPARTMENT OF STATE CONVENING OF THE FIRST SES- the House of Representatives: AUTHORITIES ACT OF 2006 SION OF THE ONE HUNDRED S. 214 Mr. FRIST. I ask unanimous consent TENTH CONGRESS Resolved, That the bill from the Senate (S. the Senate proceed to the immediate Mr. FRIST. Mr. President, I ask 214) entitled ‘‘An Act to authorize the Sec- retary of the Interior to cooperate with the consideration of H.R. 6060. unanimous consent that the Senate States on the border with Mexico and other The PRESIDING OFFICER. The proceed to the immediate consider- appropriate entities in conducting a clerk will report the bill by title. ation of H.J. Res. 101 which was re- hydrogeologic characterization, mapping, The legislative clerk read as follows: ceived from the House. and modeling program for priority trans- A bill (H.R. 6060) to authorize certain ac- The PRESIDING OFFICER. The boundary aquifers, and for other purposes’’, tivities by the Department of State, and for clerk will report the joint resolution do pass with the following amendment: other purposes. by title. Strike out all after the enacting clause and insert: There being no objection, the Senate The legislative clerk read as follows: A joint resolution (H.J. Res. 101) appoint- SECTION 1. SHORT TITLE. proceeded to consider the bill. This Act may be cited as the ‘‘United States- Mr. FRIST. I ask unanimous consent ing the day for the convening of the first session of the One Hundred Tenth Congress. Mexico Transboundary Aquifer Assessment the bill be read a third time and Act’’. There being no objection, the Senate passed, the motion to reconsider be SEC. 2. PURPOSE. laid on the table, and any statements proceeded to consider the joint resolu- The purpose of this Act is to direct the Sec- be printed in the RECORD. tion. retary of the Interior to establish a United The PRESIDING OFFICER. Without Mr. FRIST. I ask unanimous consent States-Mexico transboundary aquifer assessment objection, it is so ordered. that the resolution be read a third time program to systematically assess priority trans- The bill (H.R. 6060) was ordered to a and passed, the motion to reconsider be boundary aquifers. third reading, was read the third time, laid upon the table, and any state- SEC. 3. DEFINITIONS. and passed. ments relating to the bill be printed in In this Act: the RECORD. (1) AQUIFER.—The term ‘‘aquifer’’ means a f The PRESIDING OFFICER. Without subsurface water-bearing geologic formation from which significant quantities of water may PHYSICIANS FOR UNDERSERVED objection, it is so ordered. The joint resolution (H.J. Res. 101) be extracted. AREAS ACT (2) IBWC.—The term ‘‘IBWC’’ means the was ordered to a third reading, was International Boundary and Water Commission, Mr. FRIST. I ask unanimous consent read the third time, and passed. the Senate proceed to the immediate an agency of the Department of State. f (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ consideration of H.R. 4997, which was means an Indian tribe, band, nation, or other received from the House. CORRECTING THE ENROLLMENT organized group or community— The PRESIDING OFFICER. The OF H.R. 5782 (A) that is recognized as eligible for the spe- clerk will report the bill by title. Mr. FRIST. Mr. President, I ask cial programs and services provided by the The legislative clerk read as follows: unanimous consent that the Senate United States to Indians because of their status as Indians; and A bill (H.R. 4997) to extend for 2 years the proceed to the immediate consider- (B) the reservation of which includes a trans- authority to grant waivers of the foreign ation of H. Con. Res. 502 which was re- boundary aquifer within the exterior boundaries country residence requirement with respect ceived from the House. of the reservation. to certain international medical graduates. The PRESIDING OFFICER. The (4) PARTICIPATING STATE.—The term ‘‘Partici- There being no objection, the Senate clerk will report the concurrent resolu- pating State’’ means each of the States of Ari- proceeded to consider the bill. tion by title. zona, New Mexico, and Texas.

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(5) PRIORITY TRANSBOUNDARY AQUIFER.—The pating States, the water resources research in- (1) the jurisdiction or responsibility of a Par- term ‘‘priority transboundary aquifer’’ means a stitutes, and appropriate authorities in the ticipating State with respect to managing sur- transboundary aquifer that has been designated United States and Mexico, to— face or groundwater resources in the Partici- for study and analysis under the program. (A) conduct joint scientific investigations; pating State; (6) PROGRAM.—The term ‘‘program’’ means (B) archive and share relevant data; and (2) the water rights of any person or entity the United States-Mexico transboundary aquifer (C) carry out any other activities consistent using water from a transboundary aquifer; or assessment program established under section with the program; and (3) State water law, or an interstate compact 4(a). (3) produce scientific products for each pri- or international treaty governing water. (7) RESERVATION.—The term ‘‘reservation’’ ority transboundary aquifer that— (b) TREATY.—Nothing in this Act shall delay means land that has been set aside or that has (A) are capable of being broadly distributed; or alter the implementation or operation of any been acknowledged as having been set aside by and works constructed, modified, acquired, or used the United States for the use of an Indian tribe, (B) provide the scientific information needed within the territorial limits of the United States the exterior boundaries of which are more par- by water managers and natural resource agen- relating to the waters governed by the Treaty ticularly defined in a final tribal treaty, agree- cies on both sides of the United States-Mexico Between the United States and Mexico Regard- ment, executive order, Federal statute, secre- border to effectively accomplish the missions of ing Utilization of Waters of the Colorado and tarial order, or judicial determination. the managers and agencies. Tijuana Rivers and of the Rio Grande, Treaty (8) SECRETARY.—The term ‘‘Secretary’’ means (c) DESIGNATION OF PRIORITY TRANSBOUND- Series 994 (59 Stat. 1219). the Secretary of the Interior, acting through the ARY AQUIFERS.— SEC. 7. REPORTS. Director of the United States Geological Survey. (1) IN GENERAL.—For purposes of the program, Not later than 5 years after the date of enact- the Secretary shall designate as priority trans- (9) TRANSBOUNDARY AQUIFER.—The term ment of this Act, and on completion of the pro- ‘‘transboundary aquifer’’ means an aquifer that boundary aquifers— gram in fiscal year 2016, the Secretary shall sub- (A) the Hueco Bolson and Mesilla aquifers underlies the boundary between a Participating mit to the appropriate water resource agency in underlying parts of Texas, New Mexico, and State and Mexico. the Participating States, an interim and final Mexico; (10) TRI-REGIONAL PLANNING GROUP.—The report, respectively, that describes— (B) the Santa Cruz River Valley aquifers un- term ‘‘Tri-Regional Planning Group’’ means the (1) any activities carried out under the pro- derlying Arizona and Sonora, Mexico; and binational planning group comprised of— gram; (C) the San Pedro aquifers underlying Ari- (A) the Junta Municipal de Agua y (2) any conclusions of the Secretary relating zona and Sonora, Mexico. Saneamiento de Ciudad Juarez; to the status of priority transboundary aquifers; (2) ADDITIONAL AQUIFERS.—The Secretary and (B) the El Paso Water Utilities Public Service may, using the criteria under subsection (3) the level of participation in the program of Board; and (b)(1)(A), evaluate and designate additional pri- entities in Mexico. (C) the Lower Rio Grande Water Users Orga- ority transboundary aquifers which underlie nization. New Mexico or Texas. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (11) WATER RESOURCES RESEARCH INSTI- (d) COOPERATION WITH MEXICO.—To ensure a (a) IN GENERAL.—There are authorized to be TUTES.—The term ‘‘water resources research in- comprehensive assessment of priority trans- appropriated to carry out this Act $50,000,000 for stitutes’’ means the institutes within the Partici- boundary aquifers, the Secretary shall, to the the period of fiscal years 2007 through 2016. pating States established under section 104 of maximum extent practicable, work with appro- (b) DISTRIBUTION OF FUNDS.—Of the amounts the Water Resources Research Act of 1984 (42 priate Federal agencies and other organizations made available under subsection (a), 50 percent U.S.C. 10303). to develop partnerships with, and receive input shall be made available to the water resources SEC. 4. ESTABLISHMENT OF PROGRAM. from, relevant organizations in Mexico to carry research institutes to provide funding to appro- (a) IN GENERAL.—The Secretary, in consulta- out the program. priate entities in the Participating States (in- tion and cooperation with the Participating (e) GRANTS AND COOPERATIVE AGREEMENTS.— cluding Sandia National Laboratories, State States, the water resources research institutes, The Secretary may provide grants or enter into agencies, universities, the Tri-Regional Plan- Sandia National Laboratories, and other appro- cooperative agreements and other agreements ning Group, and other relevant organizations) priate entities in the United States and Mexico, with the water resources research institutes and and to implement cooperative agreements en- and the IBWC, as appropriate, shall carry out other Participating State entities to carry out tered into with appropriate entities in Mexico to the United States-Mexico transboundary aquifer the program. conduct specific authorized activities in furtherance of the program, including the binational assessment program to characterize, map, and SEC. 5. IMPLEMENTATION OF PROGRAM. collection and exchange of scientific data. model priority transboundary aquifers along the (a) COORDINATION WITH STATES, TRIBES, AND United States-Mexico border at a level of detail (c) CRITERIA.—Funding provided to an appro- OTHER ENTITIES.—The Secretary shall coordi- priate entity in Mexico pursuant to subsection determined to be appropriate for the particular nate the activities carried out under the pro- aquifer. (b) shall be contingent on that entity providing gram with— 50 percent of the necessary resources (including (b) OBJECTIVES.—The objectives of the pro- (1) the appropriate water resource agencies in in-kind services) to further assist in carrying gram are to— the Participating States; out the authorized activity. (1) develop and implement an integrated sci- (2) any affected Indian tribes; entific approach to identify and assess priority (3) any other appropriate entities that are SEC. 9. SUNSET OF AUTHORITY. transboundary aquifers, including— conducting monitoring and metering activity The authority of the Secretary to carry out (A) for purposes of subsection (c)(2), speci- with respect to a priority transboundary aqui- any provisions of this Act shall terminate 10 fying priority transboundary aquifers for fur- fer; and years after the date of enactment of this Act. ther analysis by assessing— (4) the IBWC, as appropriate. Mr. FRIST. I ask unanimous consent (i) the proximity of a proposed priority trans- (b) NEW ACTIVITY.—After the date of enact- that the Senate agree to the amend- boundary aquifer to areas of high population ment of this Act, the Secretary shall not initiate ment of the House. density; any new field studies or analyses under the pro- The PRESIDING OFFICER. Without (ii) the extent to which a proposed priority gram before consulting with, and coordinating objection, it is so ordered. transboundary aquifer would be used; the activity with, any Participating State water (iii) the susceptibility of a proposed priority resource agencies that have jurisdiction over the f transboundary aquifer to contamination; and aquifer. RURAL WATER SUPPLY ACT OF (iv) any other relevant criteria; TUDY LANS OST STIMATES (c) S P ; C E .— 2005 (B) evaluating all available data and publica- (1) IN GENERAL.—The Secretary shall work tions as part of the development of study plans closely with appropriate Participating State Mr. FRIST. Mr. President, I ask for each priority transboundary aquifer; water resource agencies, water resources re- unanimous consent that the Chair now (C) creating a new, or enhancing an existing, search institutes, and other relevant entities to lay before the Senate a message from geographic information system database to develop a study plan, timeline, and cost estimate the House of Representatives to accom- characterize the spatial and temporal aspects of for each priority transboundary aquifer to be pany S. 895 to authorize the Secretary each priority transboundary aquifer; and studied under the program. (D) using field studies, including support for (2) REQUIREMENTS.—A study plan developed of the Interior to carry out a rural and expansion of ongoing monitoring and me- under paragraph (1) shall, to the maximum ex- water supply program in the Reclama- tering efforts, to develop— tent practicable— tion States to provide a clean, safe, af- (i) the additional data necessary to ade- (A) integrate existing data collection and fordable, and reliable water supply to quately define aquifer characteristics; and analyses conducted with respect to the priority rural residents. (ii) scientifically sound groundwater flow transboundary aquifer; There being no objection, the Pre- (B) if applicable, improve and strengthen ex- models to assist with State and local water man- siding Officer (Mr. BURR) laid before isting groundwater flow models developed for agement and administration, including modeling the Senate the following message from of relevant groundwater and surface water the priority transboundary aquifer; and interactions; (C) be consistent with appropriate State the House of Representatives: (2) consider the expansion or modification of guidelines and goals. S. 895 existing agreements, as appropriate, between the SEC. 6. EFFECT. Resolved, That the bill from the Senate (S. United States Geological Survey, the Partici- (a) IN GENERAL.—Nothing in this Act affects— 895) entitled ‘‘An Act to direct the Secretary

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of the Interior to establish a rural water sup- (B) INCLUSIONS.—The term ‘‘operations, main- velop and publish in the Federal Register cri- ply program in the Reclamation States to tenance, and replacement costs’’ includes— teria for— provide a clean, safe, affordable, and reliable (i) repairs of a routine nature that maintain a (1) determining the eligibility of a rural com- water supply to rural residents’’, do pass rural water supply project in a well kept condi- munity for assistance under the Program; and with the following amendments: tion; (2) prioritizing requests for assistance under Strike out all after the enacting clause and (ii) replacement of worn-out project elements; the Program. insert: and (d) FACTORS.—The criteria developed under SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (iii) rehabilitation activities necessary to bring subsection (c) shall take into account such fac- (a) SHORT TITLE.—This Act may be cited as a deteriorated project back to the original condi- tors as whether— the ‘‘Rural Water Supply Act of 2006’’. tion of the project. (1) a rural water supply project— (b) TABLE OF CONTENTS.—The table of con- (C) EXCLUSION.—The term ‘‘operations, main- (A) serves— tents of this Act is as follows: tenance, and replacement costs’’ does not in- (i) rural areas and small communities; or (ii) Indian tribes; or Sec. 1. Short title; table of contents. clude construction costs. (7) PROGRAM.—The term ‘‘Program’’ means (B) promotes and applies a regional or water- TITLE I—RECLAMATION RURAL WATER the rural water supply program carried out shed perspective to water resources manage- SUPPLY ACT OF 2006 under section 103. ment; Sec. 101. Short title. (8) RECLAMATION STATES.—The term ‘‘Rec- (2) there is an urgent and compelling need for Sec. 102. Definitions. lamation States’’ means the States and areas re- a rural water supply project that would— Sec. 103. Rural water supply program. ferred to in the first section of the Act of June (A) improve the health or aesthetic quality of Sec. 104. Rural water programs assessment. 17, 1902 (43 U.S.C. 391). water; Sec. 105. Appraisal investigations. (B) result in continuous, measurable, and sig- (9) RURAL WATER SUPPLY PROJECT.— Sec. 106. Feasibility studies. nificant water quality benefits; or (A) IN GENERAL.—The term ‘‘rural water sup- Sec. 107. Miscellaneous. (C) address current or future water supply ply project’’ means a project that is designed to Sec. 108. Reports. needs; serve a community or group of communities, Sec. 109. Authorization of appropriations. (3) a rural water supply project helps meet ap- each of which has a population of not more Sec. 110. Termination of authority. plicable requirements established by law; and than 50,000 inhabitants, which may include In- (4) a rural water supply project is cost effec- TITLE II—TWENTY-FIRST CENTURY dian tribes and tribal organizations, dispersed tive. WATER WORKS ACT homesites, or rural areas with domestic, indus- Sec. 201. Short title. (e) INCLUSIONS.—The Secretary may include— trial, municipal, and residential water. (1) to the extent that connection provides a re- Sec. 202. Definitions. (B) INCLUSION.—The term ‘‘rural water supply Sec. 203. Project eligibility. liable water supply, a connection to preexisting project’’ includes— infrastructure (including impoundments and Sec. 204. Loan guarantees. (i) incidental noncommercial livestock water- Sec. 205. Defaults. conveyance channels) as part of a rural water ing and noncommercial irrigation of vegetation supply project; and Sec. 206. Operations, maintenance, and replace- and small gardens of less than 1 acre; and ment costs. (2) notwithstanding the limitation on popu- (ii) a project to improve rural water infra- lation under section 102(9)(A), a town or com- Sec. 207. Title to newly constructed facilities. structure, including— Sec. 208. Water rights. munity with a population in excess of 50,000 in- (I) pumps, pipes, wells, and other diversions; Sec. 209. Interagency coordination and co- habitants in an area served by a rural water (II) storage tanks and small impoundments; operation. supply project if, at the discretion of the Sec- (III) water treatment facilities for potable Sec. 210. Records; audits. retary, the town or community is considered to water supplies, including desalination facilities; Sec. 211. Full faith and credit. be a critical partner in the rural supply project. (IV) equipment and management tools for Sec. 212. Report. SEC. 104. RURAL WATER PROGRAMS ASSESS- Sec. 213. Effect on the reclamation laws. water conservation, groundwater recovery, and MENT. water recycling; and Sec. 214. Authorization of appropriations. (a) IN GENERAL.—In consultation with the (V) appurtenances. Sec. 215. Termination of authority. Secretary of Agriculture, the Administrator of (C) EXCLUSION.—The term ‘‘rural water sup- TITLE III—REPORT ON TRANSFER OF the Environmental Protection Agency, the Di- ply project’’ does not include— RECLAMATION FACILITIES rector of the Indian Health Service, the Sec- (i) commercial irrigation; or retary of Housing and Urban Development, and Sec. 301. Report. (ii) major impoundment structures. the Secretary of the Army, the Secretary shall TITLE I—RECLAMATION RURAL WATER (10) SECRETARY.—The term ‘‘Secretary’’ means develop an assessment of— SUPPLY ACT OF 2006 the Secretary of the Interior. (1) the status of all rural water supply SEC. 101. SHORT TITLE. (11) TRIBAL ORGANIZATION.—The term ‘‘tribal projects under the jurisdiction of the Secretary This title may be cited as the ‘‘Reclamation organization’’ means— authorized but not completed prior to the date Rural Water Supply Act of 2006’’. (A) the recognized governing body of an In- of enactment of this Act, including appropria- dian tribe; and SEC. 102. DEFINITIONS. tion amounts, the phase of development, total In this title: (B) any legally established organization of In- anticipated costs, and obstacles to completion; dians that is controlled, sanctioned, or char- (1) CONSTRUCTION.—The term ‘‘construction’’ (2) the current plan (including projected fi- means the installation of infrastructure and the tered by the governing body or democratically nancial and workforce requirements) for the upgrading of existing facilities in locations in elected by the adult members of the Indian com- completion of the projects identified in para- which the infrastructure or facilities are associ- munity to be served by the organization. graph (1) within the time frames established ated with the new infrastructure of a rural SEC. 103. RURAL WATER SUPPLY PROGRAM. under the provisions of law authorizing the water project recommended by the Secretary (a) IN GENERAL.—The Secretary, in coopera- projects or the final engineering reports for the pursuant to this title. tion with non-Federal project entities and con- projects; (2) FEDERAL RECLAMATION LAW.—The term sistent with this title, may carry out a rural (3) the demand for new rural water supply ‘‘Federal reclamation law’’ means the Act of water supply program in Reclamation States projects; June 17, 1902 (32 Stat. 388, chapter 1093), and to— (4) rural water programs within other agen- Acts supplemental to and amendatory of that (1) investigate and identify opportunities to cies and a description of the extent to which Act (43 U.S.C. 371 et seq.). ensure safe and adequate rural water supply those programs provide support for rural water (3) INDIAN.—The term ‘‘Indian’’ means an in- projects for domestic, municipal, and industrial supply projects and water treatment programs dividual who is a member of an Indian tribe. use in small communities and rural areas of the in Reclamation States, including an assessment (4) INDIAN TRIBE.—The term ‘‘Indian tribe’’ Reclamation States; of the requirements, funding levels, and condi- has the meaning given the term in section 4 of (2) plan the design and construction, through tions of eligibility for the programs assessed; the Indian Self-Determination and Education the conduct of appraisal investigations and fea- (5) the extent of the demand that the Sec- Assistance Act (25 U.S.C. 450b). sibility studies, of rural water supply projects in retary can meet with the Program; (5) NON-FEDERAL PROJECT ENTITY.—The term Reclamation States; and (6) how the Program will complement authori- ‘‘non-Federal project entity’’ means a State, re- (3) oversee, as appropriate, the construction of ties already within the jurisdiction of the Sec- gional, or local authority, Indian tribe or tribal rural water supply projects in Reclamation retary and the heads of the agencies with whom organization, or other qualifying entity, such as States that are recommended by the Secretary in the Secretary consults; and a water conservation district, water conservancy a feasibility report developed pursuant to sec- (7) improvements that can be made to coordi- district, or rural water district or association. tion 106 and subsequently authorized by Con- nate and integrate the authorities of the agen- (6) OPERATIONS, MAINTENANCE, AND REPLACE- gress. cies with programs evaluated under paragraph MENT COSTS.— (b) NON-FEDERAL PROJECT ENTITY.—Any ac- (4), including any recommendations to consoli- (A) IN GENERAL.—The term ‘‘operations, main- tivity carried out under this title shall be carried date some or all of the activities of the agencies tenance, and replacement costs’’ means all costs out in cooperation with a qualifying non-Fed- with respect to rural water supply. for the operation of a rural water supply project eral project entity, consistent with this title. (b) CONSULTATION WITH STATES.—Before fi- that are necessary for the safe, efficient, and (c) ELIGIBILITY CRITERIA.—Not later than 1 nalizing the assessment developed under sub- continued functioning of the project to produce year after the date of enactment of this Act, the section (a), the Secretary shall solicit comments the benefits described in a feasibility study. Secretary shall, consistent with this title, de- from States with identified rural water needs.

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(c) REPORT.—Not later than 2 years after the (d) APPRAISAL CRITERIA.— (B) if a duplicate project is being carried out, date of enactment of this Act, the Secretary (1) IN GENERAL.—Not later than 1 year after identify the authority under which the dupli- shall submit to the Committee on Energy and the date of enactment of this Act, the Secretary cate project is being carried out; and Natural Resources of the Senate and the Com- shall promulgate criteria (including appraisal (3) identify what funding sources are avail- mittee on Resources of the House of Representa- factors listed under subsection (c)) against able for the proposed rural water supply project. tives a detailed report on the assessment con- which the appraisal investigations shall be as- SEC. 106. FEASIBILITY STUDIES. ducted under subsection (a). sessed for completeness and appropriateness for (a) IN GENERAL.—On completion of an ap- SEC. 105. APPRAISAL INVESTIGATIONS. a feasibility study. praisal report under section 105(c) that rec- (a) IN GENERAL.—On request of a non-Federal (2) INCLUSIONS.—To minimize the cost of a ommends undertaking a feasibility study and project entity with respect to a proposed rural rural water supply project to a non-Federal subject to the availability of appropriations, the water supply project that meets the eligibility project entity, the Secretary shall include in the Secretary shall— criteria published under section 103(c) and sub- criteria methods to scale the level of effort need- (1) in cooperation with a non-Federal project ject to the availability of appropriations, the ed to complete the appraisal investigation rel- entity, carry out a study to determine the feasi- Secretary may— ative to the total size and cost of the proposed bility of the proposed rural water supply (1) receive and review an appraisal investiga- rural water supply project. project; tion that is— (e) REVIEW OF APPRAISAL INVESTIGATION.— (2) receive and review a feasibility study that (A) developed by the non-Federal project enti- (1) IN GENERAL.—Not later than 90 days after is— ty, with or without support from the Secretary; the date of submission of an appraisal investiga- (A) developed by the non-Federal project enti- and tion under paragraph (1) or (3) of subsection ty, with or without support from the Secretary; (B) submitted to the Secretary by the non- (a), the Secretary shall provide to the non-Fed- and Federal project entity; eral entity that conducted the investigation a (B) submitted to the Secretary by the non- (2) conduct an appraisal investigation; or determination of whether the investigation has Federal project entity; or (3) provide a grant to, or enter into a coopera- included the information necessary to determine (3)(A) provide a grant to, or enter into a coop- tive agreement with, the non-Federal project en- whether the proposed rural water supply project erative agreement with, a non-Federal project tity to conduct an appraisal investigation, if the satisfies the criteria promulgated under sub- entity to conduct a feasibility study, for submis- Secretary determines that— section (d). sion to the Secretary, if the Secretary determines (A) the non-Federal project entity is qualified O SATISFACTION OF CRITERIA.—If the Sec- (2) N that— to complete the appraisal investigation in ac- retary determines that the appraisal investiga- (i) the non-Federal entity is qualified to com- cordance with the criteria published under section submitted by a non-Federal entity does not plete the feasibility study in accordance with tion 103(c); and satisfy the criteria promulgated under sub- the criteria promulgated under subsection (d); (B) using the non-Federal project entity to section (d), the Secretary shall inform the non- and conduct the appraisal investigation is a cost-ef- Federal entity of the reasons why the appraisal (ii) using the non-Federal project entity to fective alternative for completing the appraisal investigation is deficient. conduct the feasibility study is a cost-effective investigation. (3) RESPONSIBILITY OF SECRETARY.—If an ap- alternative for completing the appraisal inves- (b) DEADLINE.—An appraisal investigation praisal investigation as first submitted by a non- tigation; or conducted under subsection (a) shall be sched- Federal entity does not provide all necessary in- (B) if the Secretary determines not to provide uled for completion not later than 2 years after formation, as defined by the Secretary, the Sec- a grant to, or enter into a cooperative agreement the date on which the appraisal investigation is retary shall have no obligation to conduct fur- with, a non-Federal project entity under sub- initiated. ther analysis until the non-Federal project enti- paragraph (A), provide to the non-Federal (c) APPRAISAL REPORT.—In accordance with ty submitting the appraisal study conducts ad- project entity notice of the determination, in- subsection (f), after an appraisal investigation is ditional investigation and resubmits the ap- cluding an explanation of the reason for the de- submitted to the Secretary under subsection praisal investigation under this subsection. termination. (a)(1) or completed under paragraph (2) or (3) of (f) APPRAISAL REPORT.—Once the Secretary (b) REVIEW OF NON-FEDERAL FEASIBILITY subsection (a), the Secretary shall prepare an has determined that an investigation provides STUDIES.— appraisal report that— the information necessary under subsection (e), (1) IN GENERAL.—In conducting a review of a (1) considers— the Secretary shall— feasibility study submitted under paragraph (2) (A) whether the project meets— (1) complete the appraisal report required (i) the appraisal criteria developed under sub- or (3) of subsection (a), the Secretary shall— under subsection (c); section (d); and (2) make available to the public, on request, (A) in accordance with the feasibility factors (ii) the eligibility criteria developed under sec- the appraisal report prepared under this title; described in subsection (c) and the criteria pro- tion 103(c); mulgated under subsection (d), assess the com- (B) whether viable water supplies and water and (3) promptly publish in the Federal Register a pleteness of the feasibility study; and rights exist to supply the project, including all (B) if the Secretary determines that a feasi- practicable water sources such as lower quality notice of the availability of the results. (g) COSTS.— bility study is not complete, notify the non-Fed- waters, nonpotable waters, and water reuse- (1) FEDERAL SHARE.—The Federal share of an eral entity of the determination. based water supplies; appraisal investigation conducted under sub- (2) REVISIONS.—If the Secretary determines (C) whether the project has a positive effect section (a) shall be 100 percent of the total cost under paragraph (1)(B) that a feasibility study on public health and safety; is not complete, the non-Federal entity shall (D) whether the project will meet water de- of the appraisal investigation, up to $200,000. (2) NON-FEDERAL SHARE.— pay any costs associated with revising the feasi- mand, including projected future needs; bility study. (E) the extent to which the project provides (A) IN GENERAL.—Except as provided in subparagraph (B), if the cost of conducting an ap- (c) FEASIBILITY FACTORS.—Feasibility studies environmental benefits, including source water authorized or reviewed under this title shall in- protection; praisal investigation is more than $200,000, the non-Federal share of the costs in excess of clude an assessment of— (F) whether the project applies a regional or (1) near- and long-term water demand in the watershed perspective and promotes benefits in $200,000 shall be 50 percent. (B) EXCEPTION.—The Secretary may reduce area to be served by the rural water supply the region in which the project is carried out; project; (G) whether the project— the non-Federal share required under subpara- (2) advancement of public health and safety (i)(I) implements an integrated resources man- graph (A) if the Secretary determines that there of any existing rural water supply project and agement approach; or is an overwhelming Federal interest in the ap- (II) enhances water management flexibility, praisal investigation. other benefits of the proposed rural water sup- including providing for— (C) FORM.—The non-Federal share under sub- ply project; (aa) local control to manage water supplies paragraph (A) may be in the form of any in- (3) alternative new water supplies in the under varying water supply conditions; and kind services that the Secretary determines study area, including any opportunities to treat (bb) participation in water banking and mar- would contribute substantially toward the con- and use low-quality water, nonpotable water, kets for domestic and environmental purposes; duct and completion of the appraisal investiga- water reuse-based supplies, and brackish and and tion. saline waters through innovative and economi- (ii) promotes long-term protection of water (h) CONSULTATION; IDENTIFICATION OF FUND- cally viable treatment technologies; supplies; ING SOURCES.—In conducting an appraisal in- (4) environmental quality and source water (H) preliminary cost estimates for the project; vestigation under subsection (a)(2), the Sec- protection issues related to the rural water sup- and retary shall— ply project; (I) whether the non-Federal project entity has (1) consult and cooperate with the non-Fed- (5) innovative opportunities for water con- the capability to pay 100 percent of the costs as- eral project entity and appropriate State, tribal, servation in the study area to reduce water use sociated with the operations, maintenance, and regional, and local authorities; and water system costs, including— replacement of the facilities constructed or de- (2) consult with the heads of appropriate Fed- (A) nonstructural approaches to reduce the veloped as part of the rural water supply eral agencies to— need for the project; and project; and (A) ensure that the proposed rural water sup- (B) demonstration technologies; (2) provides recommendations on whether a ply project does not duplicate a project carried (6) the extent to which the project and alter- feasibility study should be initiated under sec- out under the authority of the agency head; natives take advantage of economic incentives tion 106(a). and and the use of market-based mechanisms;

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00187 Fmt 4624 Sfmt 6333 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11834 CONGRESSIONAL RECORD — SENATE December 8, 2006 (7)(A) the construction costs and projected op- rural water supply project to pay the allocated system from Federal to private ownership or erations, maintenance, and replacement costs of annual operation, maintenance, and replace- from private to Federal ownership. all alternatives; and ment costs for the rural water supply project; (c) FEDERAL RECLAMATION LAW.—Nothing in (B) the economic feasibility and lowest cost (B) submit the report to the Committee on En- this title supersedes or amends any Federal law method of obtaining the desired results of each ergy and Natural Resources of the Senate and associated with a project, or portion of a alternative, taking into account the Federal the Committee on Resources of the House of project, constructed under Federal reclamation cost-share; Representatives; law. (8) the availability of guaranteed loans for a (C) make the report publicly available, along (d) INTERAGENCY COORDINATION.—The Sec- proposed rural water supply project; with associated study documents; and retary shall coordinate the Program carried out (9) the financial capability of the non-Federal (D) publish in the Federal Register a notice of under this title with existing Federal and State project entity to pay the non-Federal project en- the availability of the results. rural water and wastewater programs to facili- tity’s proportionate share of the design and con- (f) CAPABILITY-TO-PAY.— tate the most efficient and effective solution to struction costs and 100 percent of operations, (1) IN GENERAL.—In evaluating a proposed meeting the water needs of the non-Federal maintenance, and replacement costs, including rural water supply project under this section, project sponsors. the allocation of costs to each non-Federal the Secretary shall— (e) MULTIPLE INDIAN TRIBES.—In any case in project entity in the case of multiple entities; (A) consider the financial capability of any which a contract is entered into with, or a grant (10) whether the non-Federal project entity non-Federal project entities participating in the is made, to an organization to perform services has developed an operations, management, and rural water supply project to pay 25 percent or benefitting more than 1 Indian tribe under this replacement plan to assist the non-Federal more of the capital construction costs of the title, the approval of each such Indian tribe project entity in establishing rates and fees for rural water supply project; and shall be a prerequisite to entering into the con- beneficiaries of the rural water supply project (B) recommend an appropriate Federal share tract or making the grant. that includes a schedule identifying the annual and non-Federal share of the capital construc- (f) OWNERSHIP OF FACILITIES.—Title to any operations, maintenance, and replacement costs tion costs, as determined by the Secretary. facility planned, designed, and recommended for that should be allocated to each non-Federal (2) FACTORS.—In determining the financial construction under this title shall be held by the entity participating in the project; capability of non-Federal project entities to pay non-Federal project entity. (11)(A) the non-Federal project entity admin- for a rural water supply project under para- (g) EXPEDITED PROCEDURES.—If the Secretary istrative organization that would implement graph (1), the Secretary shall evaluate factors determines that a community to be served by a construction, operations, maintenance, and re- for the project area, relative to the State aver- proposed rural water supply project has urgent placement activities; and age, including— and compelling water needs, the Secretary shall, (B) the fiscal, administrative, and operational (A) per capita income; to the maximum extent practicable, expedite ap- controls to be implemented to manage the (B) median household income; praisal investigations and reports conducted project; (C) the poverty rate; under section 105 and feasibility studies and re- (12) the extent to which assistance for rural (D) the ability of the non-Federal project enti- ports conducted under section 106. water supply is available under other Federal ty to raise tax revenues or assess fees; (h) EFFECT ON STATE WATER LAW.— authorities; (1) IN GENERAL.—Nothing in this title pre- (13) the engineering, environmental, and eco- (E) the strength of the balance sheet of the non-Federal project entity; and empts or affects State water law or an interstate nomic activities to be undertaken to carry out compact governing water. the proposed rural water supply project; (F) the existing cost of water in the region. (2) COMPLIANCE REQUIRED.—The Secretary (14) the extent to which the project involves (3) INDIAN TRIBES.—In determining the capa- shall comply with State water laws in carrying partnerships with other State, local, or tribal bility-to-pay of Indian tribe project bene- out this title. governments or Federal entities; and ficiaries, the Secretary may consider deferring (i) NO ADDITIONAL REQUIREMENTS.—Nothing (15) in the case of a project intended for In- the collection of all or part of the non-Federal in this title requires a feasibility study for, or dian tribes and tribal organizations, the extent construction costs apportioned to Indian tribe imposes any other additional requirements with to which the project addresses the goal of eco- project beneficiaries unless or until the Sec- respect to, rural water supply projects or pro- nomic self-sufficiency. retary determines that the Indian tribe project (d) FEASIBILITY STUDY CRITERIA.— beneficiaries should pay— grams that are authorized before the date of en- (1) IN GENERAL.—Not later than 18 months (A) the costs allocated to the beneficiaries; or actment of this Act. after the date of enactment of this Act, the Sec- (B) an appropriate portion of the costs. SEC. 108. REPORTS. retary shall promulgate criteria (including the (g) COST-SHARING REQUIREMENT.— Beginning in fiscal year 2007, and each fiscal feasibility factors listed under subsection (c)) (1) IN GENERAL.—Except as otherwise provided year thereafter through fiscal year 2012, the under which the feasibility studies shall be as- in this subsection, the Federal share of the cost Secretary shall submit to the Committee on En- sessed for completeness and appropriateness. of a feasibility study carried out under this sec- ergy and Natural Resources of the Senate and (2) INCLUSIONS.—The Secretary shall include tion shall not exceed 50 percent of the study the Committee on Resources of the House of in the criteria promulgated under paragraph (1) costs. Representatives an annual report that describes methods to scale the level of effort needed to (2) FORM.—The non-Federal share under the number and type of full-time equivalent po- complete the feasibility assessment relative to paragraph (1) may be in the form of any in-kind sitions in the Department of the Interior and the the total size and cost of the proposed rural services that the Secretary determines would amount of overhead costs of the Department of water supply project and reduce total costs to contribute substantially toward the conduct and the Interior that are allocated to carrying out non-Federal entities. completion of the study. this title for the applicable fiscal year. (e) FEASIBILITY REPORT.— (3) FINANCIAL HARDSHIP.—The Secretary may SEC. 109. AUTHORIZATION OF APPROPRIATIONS. N GENERAL (1) I .—After completion of appro- increase the Federal share of the costs of a fea- (a) IN GENERAL.—There is authorized to be priate feasibility studies for rural water supply sibility study if the Secretary determines, based appropriated to carry out this title $15,000,000 projects that address the factors described in on a demonstration of financial hardship, that for each of fiscal years 2007 through 2016, to re- subsection (c) and the criteria promulgated the non-Federal participant is unable to con- main available until expended. under subsection (d), the Secretary shall— tribute at least 50 percent of the costs of the (b) RURAL WATER PROGRAMS ASSESSMENT.— (A) develop a feasibility report that includes— study. Of the amounts made available under subsection (i) a recommendation of the Secretary on— (4) LARGER COMMUNITIES.—In conducting a (a), not more than $1,000,000 may be made avail- (I) whether the rural water supply project feasibility study of a rural water supply system able to carry out section 104 for each of fiscal should be authorized for construction; and that includes a community with a population in (II) the appropriate non-Federal share of con- years 2007 and 2008. excess of 50,000 inhabitants, the Secretary may (c) CONSTRUCTION COSTS.—No amounts made struction costs, which shall be— require the non-Federal project entity to pay (aa) at least 25 percent of the total construc- available under this section shall be used to pay more than 50 percent of the costs of the study. tion costs; and construction costs associated with any rural (h) CONSULTATION AND COOPERATION.—In ad- (bb) determined based on an analysis of the water supply project. dition to the non-Federal project entity, the Sec- capability-to-pay information considered under SEC. 110. TERMINATION OF AUTHORITY. retary shall consult and cooperate with appro- subsections (c)(9) and (f); and The authority of the Secretary to carry out priate Federal, State, tribal, regional, and local (ii) if the Secretary recommends that the this title terminates on September 30, 2016. authorities during the conduct of each feasi- project should be authorized for construction— bility assessment and development of the feasi- TITLE II—TWENTY-FIRST CENTURY WATER (I) what amount of grants, loan guarantees, WORKS ACT or combination of grants and loan guarantees bility report conducted under this title. should be used to provide the Federal cost SEC. 107. MISCELLANEOUS. SEC. 201. SHORT TITLE. share; (a) AUTHORITY OF SECRETARY.—The Secretary This title may be cited as the ‘‘Twenty-First (II) a schedule that identifies the annual op- may enter into contracts, financial assistance Century Water Works Act’’. erations, maintenance, and replacement costs agreements, and such other agreements, and SEC. 202. DEFINITIONS. that should be allocated to each non-Federal promulgate such regulations, as are necessary to In this title: entity participating in the rural water supply carry out this title. (1) INDIAN TRIBE.—The term ‘‘Indian tribe’’ project; and (b) TRANSFER OF PROJECTS.—Nothing in this has the meaning given the term in section 4 of (III) an assessment of the financial capability title authorizes the transfer of pre-existing fa- the Indian Self-Determination and Education of each non-Federal entity participating in the cilities or pre-existing components of any water Assistance Act (25 U.S.C. 450b).

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(2) LENDER.—The term ‘‘lender’’ means— (d) CRITERIA FOR RURAL WATER SUPPLY guaranteed under this section, the Secretary (A) a non-Federal qualified institutional PROJECTS.—A rural water supply project that is may enter into a contract to pay, and pay, hold- buyer (as defined in section 230.144A(a) of title determined to be feasible under section 106 is eli- ers of the obligation, for and on behalf of the 17, Code of Federal Regulation (or any successor gible for a loan guarantee under section 204. non-Federal borrower, from funds appropriated regulation), known as Rule 144A(a) of the Secu- SEC. 204. LOAN GUARANTEES. for that purpose, the principal and interest pay- rities and Exchange Commission and issued (a) AUTHORITY.—Subject to the availability of ments that become due and payable on the un- under the Securities Act of 1933 (15 U.S.C. 77a et appropriations, the Secretary may make avail- paid balance of the obligation if the Secretary seq.)); or able to lenders for a project meeting the eligi- finds that— (B) a clean renewable energy bond lender (as bility criteria established in section 203 loan (1)(A) the non-Federal borrower is unable to defined in section 54(j)(2) of the Internal Rev- guarantees to supplement private-sector or lend- meet the payments and is not in default; enue Code of 1986 (as in effect on the date of en- er financing for the project. (B) it is in the public interest to permit the actment of this Act)). (b) TERMS AND LIMITATIONS.— non-Federal borrower to continue to pursue the (3) LOAN GUARANTEE.—The term ‘‘loan guar- (1) IN GENERAL.—Loan guarantees under this purposes of the project; and antee’’ has the meaning given the term ‘‘loan section for a project shall be on such terms and (C) the probable net benefit to the Federal guarantee’’ in section 502 of the Federal Credit conditions and contain such covenants, rep- Government in paying the principal and interest Reform Act of 1990 (2 U.S.C. 661a). resentations, warranties, and requirements as will be greater than that which would result in (4) NON-FEDERAL BORROWER.—The term ‘‘non- the Secretary determines to be appropriate to the event of a default; (2) the amount of the payment that the Sec- Federal borrower’’ means— protect the financial interests of the United retary is authorized to pay shall be no greater (A) a State (including a department, agency, States. than the amount of principal and interest that or political subdivision of a State); or (2) AMOUNT.—Loan guarantees by the Sec- (B) a conservancy district, irrigation district, retary shall not exceed an amount equal to 90 the non-Federal borrower is obligated to pay canal company, water users’ association, Indian percent of the cost of the project that is the sub- under the agreement being guaranteed; and (3) the borrower agrees to reimburse the Sec- tribe, an agency created by interstate compact, ject of the loan guarantee, as estimated at the retary for the payment (including interest) on or any other entity that has the capacity to con- time at which the loan guarantee is issued. tract with the United States under Federal rec- terms and conditions that are satisfactory to the (3) INTEREST RATE.—An obligation shall bear Secretary. lamation law. interest at a rate that does not exceed a level BLIGATION.—The term ‘‘obligation’’ (d) ACTION BY ATTORNEY GENERAL.— (5) O that the Secretary determines to be appropriate, means a loan or other debt obligation that is (1) NOTIFICATION.—If the non-Federal bor- taking into account the prevailing rate of inter- guaranteed under this section. rower defaults on an obligation, the Secretary est in the private sector for similar loans and (6) PROJECT.—The term ‘‘project’’ means— shall notify the Attorney General of the default. risks. (A) a rural water supply project (as defined in (2) RECOVERY.—On notification, the Attorney (4) AMORTIZATION.—A loan guarantee under section 102(9)); General shall take such action as is appropriate this section shall provide for complete amortiza- (B) an extraordinary operation and mainte- to recover the unpaid principal and interest due tion of the loan guarantee within not more than nance activity for, or the rehabilitation or re- from— 40 years. placement of, a facility— (A) such assets of the defaulting non-Federal ONSUBORDINATION.—An obligation shall (i) that is authorized by Federal reclamation (5) N borrower as are associated with the obligation; be subject to the condition that the obligation is law and constructed by the United States under or not subordinate to other financing. such law; or (B) any other security pledged to secure the (ii) in connection with which there is a repay- (c) PREPAYMENT AND REFINANCING.—Any pre- obligation. ment or water service contract executed by the payment or refinancing terms on a loan guar- SEC. 206. OPERATIONS, MAINTENANCE, AND RE- United States under Federal reclamation law; or antee shall be negotiated between the non-Fed- PLACEMENT COSTS. (C) an improvement to water infrastructure eral borrower and the lender with the consent of (a) IN GENERAL.—The non-Federal share of directly associated with a reclamation project the Secretary. operations, maintenance, and replacement costs that, based on a determination of the Sec- SEC. 205. DEFAULTS. for a project receiving Federal assistance under retary— (a) PAYMENTS BY SECRETARY.— this title shall be 100 percent. (i) improves water management; and (1) IN GENERAL.—If a borrower defaults on the (b) PLAN.—On request of the non-Federal bor- (ii) fulfills other Federal goals. obligation, the holder of the loan guarantee rower, the Secretary may assist in the develop- (7) SECRETARY.—The term ‘‘Secretary’’ means shall have the right to demand payment of the ment of an operation, maintenance, and re- the Secretary of the Interior. unpaid amount from the Secretary. placement plan to provide the necessary frame- SEC. 203. PROJECT ELIGIBILITY. (2) PAYMENT REQUIRED.—By such date as may work to assist the non-Federal borrower in es- (a) ELIGIBILITY CRITERIA.— be specified in the loan guarantee or related tablishing rates and fees for project bene- (1) IN GENERAL.—The Secretary shall develop agreements, the Secretary shall pay to the hold- ficiaries. and publish in the Federal Register criteria for er of the loan guarantee the unpaid interest on, SEC. 207. TITLE TO NEWLY CONSTRUCTED FACILI- determining the eligibility of a project for finan- and unpaid principal of, the obligation with re- TIES. cial assistance under section 204. spect to which the borrower has defaulted, un- (a) NEW PROJECTS AND FACILITIES.—All new (2) INCLUSIONS.—Eligibility criteria shall in- less the Secretary finds that there was not de- projects or facilities constructed in accordance clude— fault by the borrower in the payment of interest with this title shall remain under the jurisdic- (A) submission of an application by the lender or principal or that the default has been rem- tion and control of the non-Federal borrower to the Secretary; edied. subject to the terms of the repayment agreement. (B) demonstration of the creditworthiness of (3) FORBEARANCE.—Nothing in this subsection (b) EXISTING PROJECTS AND FACILITIES.— the project, including a determination by the precludes any forbearance by the holder of the Nothing in this title affects the title of— Secretary that any financing for the project has obligation for the benefit of the non-Federal (1) reclamation projects authorized prior to appropriate security features to ensure repay- borrower that may be agreed on by the parties the date of enactment of this Act; ment; to the obligation and approved by the Secretary. (2) works supplemental to existing reclamation (C) demonstration by the non-Federal bor- (b) SUBROGATION.— projects; or rower, to the satisfaction of the Secretary, of the (1) IN GENERAL.—If the Secretary makes a (3) works constructed to rehabilitate existing ability of the non-Federal borrower to repay the payment under subsection (a), the Secretary reclamation projects. project financing from user fees or other dedi- shall be subrogated to the rights of the recipient SEC. 208. WATER RIGHTS. cated revenue sources; of the payment as specified in the loan guar- (a) IN GENERAL.—Nothing in this title pre- (D) demonstration by the non-Federal bor- antee or related agreements, including, as ap- empts or affects State water law or an interstate rower, to the satisfaction of the Secretary, of the propriate, the authority (notwithstanding any compact governing water. ability of the non-Federal borrower to pay all other provision of law) to— (b) COMPLIANCE REQUIRED.—The Secretary operations, maintenance, and replacement costs (A) complete, maintain, operate, lease, or oth- shall comply with State water laws in carrying of the project facilities; and erwise dispose of any property acquired pursu- out this title. Nothing in this title affects or pre- (E) such other criteria as the Secretary deter- ant to the loan guarantee or related agreements; empts State water law or an interstate compact mines to be appropriate. or governing water. (b) WAIVER.—The Secretary may waive any of (B) permit the non-Federal borrower, pursu- SEC. 209. INTERAGENCY COORDINATION AND CO- the criteria in subsection (a)(2) that the Sec- ant to an agreement with the Secretary, to con- OPERATION. retary determines to be duplicative or rendered tinue to pursue the purposes of the project if the (a) CONSULTATION.—The Secretary shall con- unnecessary because of an action already taken Secretary determines the purposes to be in the sult with the Secretary of Agriculture before by the United States. public interest. promulgating criteria with respect to financial (c) PROJECTS PREVIOUSLY AUTHORIZED.—A (2) SUPERIORITY OF RIGHTS.—The rights of the appraisal functions and loan guarantee admin- project that was authorized for construction Secretary, with respect to any property acquired istration for activities carried out under this under Federal reclamation laws prior to the pursuant to a loan guarantee or related agree- title. date of enactment of this Act shall be eligible for ment, shall be superior to the rights of any other (b) MEMORANDUM OF AGREEMENT.—The Sec- assistance under this title, subject to the criteria person with respect to the property. retary and the Secretary of Agriculture shall established by the Secretary under subsection (c) PAYMENT OF PRINCIPAL AND INTEREST BY enter into a memorandum of agreement pro- (a). SECRETARY.—With respect to any obligation viding for Department of Agriculture financial

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(8) In 2004, Amnesty International estimated (a) IN GENERAL.—A recipient of a loan guar- DEMOCRATIC REPUBLIC OF THE that at least 40,000 women and girls were sys- antee shall keep such records and other perti- CONGO RELIEF, SECURITY, AND tematically raped and tortured in the Demo- nent documents as the Secretary shall prescribe DEMOCRACY PROMOTION ACT OF cratic Republic of the Congo since 1998, and by regulation, including such records as the 2006 nearly two-thirds of ongoing abuses against Secretary may require to facilitate an effective women and girls are perpetrated by members of audit. Mr. FRIST. Mr President, I ask the the security forces, particularly the Forces (b) ACCESS.—The Secretary and the Comp- Chair lay before the Senate a message Armes de la Republique Democratique du Congo troller General of the United States, or their from the House of Representatives on (FARDC) and the Police Nationale Congolaise duly authorized representatives, shall have ac- the bill (S. 2125) to promote relief, se- (PNC). cess, for the purpose of audit, to the records and curity, and democracy in the Demo- (9) According to the Department of State, ‘‘re- other pertinent documents. turning one of Africa’s largest countries [the cratic Republic of the Congo. SEC. 211. FULL FAITH AND CREDIT. Democratic Republic of the Congo] to full peace The full faith and credit of the United States The PRESIDING OFFICER laid be- and stability will require significant United is pledged to the payment of all guarantees fore the Senate the following message States investments in support of national elec- issued under this section with respect to prin- from the House of Representatives: tions, the reintegration of former combatants, cipal and interest. S. 2125 the return and reintegration of refugees and [in- SEC. 212. REPORT. Resolved, That the bill from the Senate (S. ternally displaced persons], establishment of Not later than 1 year after the date on which 2125) entitled ‘‘An Act to promote relief, se- central government control over vast territories, the eligibility criteria are published in the Fed- curity, and democracy in the Democratic Re- and promotion of national reconciliation and eral Register under section 203(a), and every 2 public of the Congo’’, do pass with the fol- good governance’’. years thereafter, the Secretary shall submit to lowing amendment: SEC. 102. STATEMENT OF POLICY. the Committee on Energy and Natural Resources Strike out all after the enacting clause and It is the policy of the United States— of the Senate and the Committee on Resources insert: (1) to help promote, reinvigorate, and support of the House of Representatives a report that de- SECTION 1. SHORT TITLE. the political process in the Democratic Republic scribes the implementation of the loan guar- of the Congo in order to press all parties in the antee program under section 204. This Act may be cited as the ‘‘Democratic Re- public of the Congo Relief, Security, and De- Transitional National Government and the suc- SEC. 213. EFFECT ON THE RECLAMATION LAWS. mocracy Promotion Act of 2006’’. ceeding government to implement fully and to (a) RECLAMATION PROJECTS.—Nothing in this institutionalize mechanisms, including national title supersedes or amends any Federal law as- TITLE I—BILATERAL ACTION ON AD- and international election observers, fair and sociated with a project, or a portion of a project, DRESSING URGENT NEEDS IN THE transparent voter registration procedures, and a constructed under the reclamation laws. DEMOCRATIC REPUBLIC OF THE CONGO significant civic awareness and public education (b) NO NEW OR SUPPLEMENTAL BENEFITS.— SEC. 101. FINDINGS. campaign created for the July 30, 2006, elections Any assistance provided under this title shall Congress makes the following findings: and future elections in the Democratic Republic not— (1) The National Security Strategy of the of the Congo, to ensure that elections are car- (1) be considered to be a new or supplemental United States, dated September 17, 2002, con- ried out in a fair and democratic manner; benefit for purposes of the Reclamation Reform cludes that ‘‘[i]n Africa, promise and oppor- (2) to urge the Government of the Democratic Act of 1982 (43 U.S.C. 390aa et seq.); or tunity sit side-by-side with disease, war, and Republic of the Congo to recognize and act upon (2) affect any contract in existence on the desperate poverty. This threatens both a core its responsibilities to immediately bring dis- date of enactment of this Act that is executed value of the United States preserving human cipline to its security forces, hold those individ- under the reclamation laws. dignity and our strategic priority combating uals responsible for atrocities and other human SEC. 214. AUTHORIZATION OF APPROPRIATIONS. global terror. American interests and American rights violations, particularly the rape of women There are authorized to be appropriated such principles, therefore, lead in the same direction: and girls as an act of war, accountable and sums as are necessary to carry out this title, to we will work with others for an African con- bring such individuals to justice; remain available until expended. tinent that lives in liberty, peace, and growing (3) to help ensure that, once a stable national SEC. 215. TERMINATION OF AUTHORITY. prosperity.’’. government is established in the Democratic Re- (a) IN GENERAL.—Subject to subsection (b), (2) On February 16, 2005, the Director of the public of the Congo, it is committed to the authority of the Secretary to carry out this Central Intelligence Agency testified, ‘‘In Afri- multiparty democracy, open and transparent title terminates on the date that is 10 years after ca, chronic instability will continue to hamper governance, respect for human rights and reli- the date of enactment of this Act. counterterrorism efforts and pose heavy human- gious freedom, ending the violence throughout (b) EXCEPTION.—The termination of authority itarian and peacekeeping burdens.’’. the country, promoting peace and stability with under subsection (a) shall have no effect on— (3) According to the United States Agency for its neighbors, rehabilitating the national judi- (1) any loans guaranteed by the United States International Development, ‘‘Given its size, pop- cial system and enhancing the rule of law, com- under this title; or (2) the administration of any loan guaranteed ulation, and resources, the Congo is an impor- bating corruption, instituting economic reforms under this title before the effective date of the tant player in Africa and of long-term interest to promote development, and creating an envi- termination of authority. to the United States.’’. ronment to promote private investment; (4) The Democratic Republic of the Congo is (4) to assist the Government of the Democratic TITLE III—REPORT ON TRANSFER OF 2,345,410 square miles (approximately 1⁄4 the size Republic of the Congo as it seeks to meet the RECLAMATION FACILITIES of the United States), lies at the heart of Africa, basic needs of its citizens, including security, SEC. 301. REPORT. and touches every major region of sub-Saharan safety, and access to health care, education, (a) IN GENERAL.—Not later than 180 days Africa. Therefore, a secure, peaceful, and pros- food, shelter, and clean drinking water; after the date of enactment of this Act, the Sec- perous Democratic Republic of the Congo would (5) to support security sector reform by assist- retary shall submit to the Committee on Energy have a profound impact on progress throughout ing the Government of the Democratic Republic and Natural Resources of the Senate and the Africa. of the Congo to establish a viable and profes- Committee on Resources of the House of Rep- (5) The most recent war in the Democratic Re- sional national army and police force that re- resentatives a report that describes any impedi- public of the Congo, which erupted in 1998, spects human rights and the rule of law, is ments and activities that significantly delay the spawned some of the world’s worst human under effective civilian control, and possesses a ability of the Secretary to complete timely trans- rights atrocities and drew in six neighboring viable presence throughout the entire country, fers of title to reclamation facilities to qualified countries. provided the Democratic Republic of the Congo non-Federal entities under laws authorizing the (6) Despite the conclusion of a peace agree- meets all requirements for United States military transfers. ment and subsequent withdrawal of foreign assistance under existing law; (b) CONSULTATION.—In preparing the report forces in 2003, both the real and perceived pres- (6) to help expedite planning and implementa- under subsection (a), the Secretary shall consult ence of armed groups hostile to the Governments tion of programs associated with the disar- with any appropriate non-Federal parties, in- of Uganda, Rwanda, and Burundi continue to mament, demobilization, repatriation, reintegra- cluding reclamation water and power customers. serve as a major source of regional instability tion, and rehabilitation process in the Demo- Amend the title so as to read ‘‘An Act to and an apparent pretext for continued inter- cratic Republic of the Congo; authorize the Secretary of the Interior to ference in the Democratic Republic of the Congo (7) to support efforts of the Government of the carry out a rural water supply program in by its neighbors. Democratic Republic of the Congo, the United the Reclamation States to provide a clean, (7) A mortality study completed in December Nations Peacekeeping Mission in the Democratic safe, affordable, and reliable water supply to 2004 by the International Rescue Committee Republic of the Congo (MONUC), and other en- rural residents.’’. found that 31,000 people were dying monthly tities, as appropriate, to disarm, demobilize, and Mr. FRIST. I ask unanimous consent and 3,800,000 people had died in the previous six repatriate the Democratic Forces for the Libera- that the Senate agree to the amend- years because of the conflict in the Democratic tion of Rwanda and other illegally armed ment of the House. Republic of the Congo and resulting disintegra- groups;

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(8) to make all efforts to ensure that the Gov- (b) FUTURE YEAR FUNDING.—It is the sense of (3) recommendations for— ernment of the Democratic Republic of the Congress that the Department of State should (A) improving the policies and programs re- Congo— submit budget requests in fiscal years 2008 and ferred to in paragraph (2); and (A) is committed to responsible and trans- 2009 that contain increases in bilateral assist- (B) any additional bilateral or multilateral ac- parent management of natural resources across ance for the Democratic Republic of the Congo tions necessary to promote peace and prosperity the country; and that are appropriate if progress is being made, in the Democratic Republic of the Congo. (B) takes active measures— particularly cooperation by the Government of SEC. 107. SPECIAL ENVOY FOR THE GREAT LAKES (i) to promote economic development; the Democratic Republic of the Congo, toward REGION. (ii) to hold accountable individuals who ille- accomplishing the policy objectives described in Not later than 60 days after the date of the gally exploit the country’s natural resources; section 102. enactment of this Act, the President should ap- and (c) COORDINATION WITH OTHER DONOR NA- point a Special Envoy for the Great Lakes Re- (iii) to implement the Extractive Industries TIONS.—The United States should work with gion to help coordinate efforts to resolve the in- Transparency Initiative by enacting laws re- other donor nations, on a bilateral and multilat- stability and insecurity in Eastern Congo. quiring disclosure and independent auditing of eral basis, to increase international contribu- TITLE II—MULTILATERAL ACTIONS TO AD- company payments and government receipts for tions to the Democratic Republic of the Congo natural resource extraction; DRESS URGENT NEEDS IN THE DEMO- and accomplish the policy objectives described CRATIC REPUBLIC OF THE CONGO (9) to promote a viable civil society and to en- in section 102. hance nongovernmental organizations and insti- SEC. 201. PROMOTION OF UNITED STATES POLICY SEC. 104. ACCOUNTABILITY FOR THE GOVERN- tutions, including religious organizations, the TOWARD THE DEMOCRATIC REPUB- MENT OF THE DEMOCRATIC REPUB- LIC OF THE CONGO IN THE UNITED media, political parties, trade unions, and trade LIC OF THE CONGO. and business associations, that can act as a sta- NATIONS SECURITY COUNCIL. (a) SENSE OF CONGRESS.—It is the sense of The United States should use its voice and bilizing force and effective check on the govern- Congress that— ment; vote in the United Nations Security Council— (1) the Government of the Democratic Repub- (1) to address exploitation at the United Na- (10) to help rebuild and enhance infrastruc- lic of the Congo must be committed to achieving ture, communications, and other mechanisms tions Peacekeeping Mission in the Democratic the policy objectives described in section 102 if Republic of the Congo (MONUC) by continuing that will increase the ability of the central gov- the efforts of the United States and other mem- ernment to manage internal affairs, encourage to urge, when credible allegations exist, appro- bers of the international community are to be ef- priate investigation of alleged perpetrators and, economic development, and facilitate relief effective in bringing relief, security, and democ- forts of humanitarian organizations; as necessary, prosecution of United Nations per- racy to the country; sonnel responsible for sexual abuses in the (11) to help halt the high prevalence of sexual (2) the Government of the Democratic Repub- abuse and violence perpetrated against women Democratic Republic of the Congo; lic of the Congo should immediately exercise (2) to conclude at the earliest possible date a and children in the Democratic Republic of the control over and discipline its armed forces, stop Congo and mitigate the detrimental effects from Memorandum of Understanding relating to the mass rapes at the hands of its armed forces, binding codes of conduct and programs for the acts of this type of violence by undertaking a and hold those responsible for these acts ac- number of health, education, and psycho-social prevention of sexual abuse and trafficking in countable before an appropriate tribunal; persons to be undertaken by the United Nations support programs; (3) the Government of the Democratic Repub- (12) to work aggressively on a bilateral basis for all countries that contribute troops to lic of the Congo, in collaboration with inter- MONUC, to include the assumption of personal to urge governments of countries contributing national aid agencies, should establish expert troops to the United Nations Peacekeeping Mis- liability for the provision of victims assistance teams to assess the needs of the victims of rape and child support, as appropriate, by those who sion in the Democratic Republic of the Congo and provide health, counseling, and social sup- (MONUC) to enact and enforce laws on traf- violate the codes of conduct; port services that such victims need; and (3) to strengthen the authority and capacity ficking in persons and sexual abuse that meet (4) the international community, through the international standards, promote codes of con- of MONUC by— United Nations peacekeeping mission, humani- (A) providing specific authority and obliga- duct for troops serving as part of United Nations tarian and development relief, and other forms peacekeeping missions, and immediately inves- tion to prevent and effectively counter imminent of assistance, is providing a substantial amount threats; tigate and punish citizens who are responsible of funding that is giving the Government of the for abuses in the Democratic Republic of the (B) clarifying and strengthening MONUC’s Democratic Republic of the Congo an oppor- rules of engagement to enhance the protection Congo; tunity to make progress towards accomplishing (13) to assist the Government of the Demo- of vulnerable civilian populations; the policy objectives described in section 102, but (C) enhancing the surveillance and intel- cratic Republic of the Congo as undertakes steps this assistance cannot continue in perpetuity. to— ligence-gathering capabilities available to (b) TERMINATION OF ASSISTANCE.—It is the (A) protect internally displaced persons and MONUC; sense of Congress that the Secretary of State refugees in the Democratic Republic of the (D) where consistent with United States pol- should withhold assistance otherwise available Congo and border regions from all forms of vio- icy, making available personnel, communica- under this Act if the Secretary determines that lence, including gender-based violence and tions, and military assets that improve the effec- the Government of the Democratic Republic of other human rights abuses; tiveness of robust peacekeeping, mobility, and the Congo is not making sufficient progress to- (B) address other basic needs of vulnerable command and control capabilities of MONUC; wards accomplishing the policy objectives de- populations with the goal of allowing these con- and scribed in section 102. flict-affected individuals to ultimately return to (E) providing MONUC with the authority and their homes; and SEC. 105. WITHHOLDING OF ASSISTANCE. resources needed to effectively monitor arms (C) assess the magnitude of the problem of or- The Secretary of State is authorized to with- trafficking and natural resource exploitation at phans from conflict and HIV/AIDS in the Demo- hold assistance made available under the For- key border posts and airfields in the eastern cratic Republic of the Congo, and work to estab- eign Assistance Act of 1961 (22 U.S.C. 2151 et part of the Democratic Republic of the Congo; lish a program of national support; seq.), other than humanitarian, peacekeeping, (4) to encourage regular visits of the United (14) to engage with governments working to and counterterrorism assistance, for a foreign Nations Security Council to monitor the situa- promote peace and security throughout the country if the Secretary determines that the tion in the Democratic Republic of the Congo; Democratic Republic of the Congo and hold ac- government of the foreign country is taking ac- (5) to ensure that the practice of recruiting countable individuals, entities, and countries tions to destabilize the Democratic Republic of and arming children in the Democratic Republic working to destabilize the country; and the Congo. of the Congo is immediately halted pursuant to (15) to promote appropriate use of the forests SEC. 106. REPORT ON PROGRESS TOWARD AC- Security Council Resolutions 1460 (2003) and of the Democratic Republic of the Congo in a COMPLISHING POLICY OBJECTIVES. 1539 (2004); manner that benefits the rural population in (a) REPORT REQUIRED.—Not later than one (6) to strengthen the arms embargo imposed that country that depends on the forests for year after the date of the enactment of this Act, pursuant to Security Council Resolution 1493 their livelihoods and protects national and envi- the Comptroller General of the United States (2003) and ensure that violators are held ac- ronmental interests. shall submit to Congress a report on the progress countable through appropriate measures, in- SEC. 103. BILATERAL ASSISTANCE TO THE DEMO- made toward accomplishing the policy objectives cluding the possible imposition of sanctions; CRATIC REPUBLIC OF THE CONGO. described in section 102. (7) to allow for the more effective protection (a) FUNDING FOR FISCAL YEARS 2006 AND (b) CONTENTS.—The report required under and monitoring of natural resources in the 2007.—Of the amounts made available to carry subsection (a) shall include— Democratic Republic of the Congo, especially in out the Foreign Assistance Act of 1961 (22 U.S.C. (1) a description of any major impediments the eastern part of the country, and for public 2151 et seq.), the Agricultural Trade Develop- that prevent the accomplishment of the policy disclosure and independent auditing of natural ment and Assistance Act of 1954 (68 Stat. 454, objectives described in section 102, including any resource revenues to help ensure transparent chapter 469), and the Arms Export Control Act destabilizing activities undertaken in the Demo- and accountable management of these revenues; (22 U.S.C. 2751 et seq.) for fiscal year 2006 and cratic Republic of Congo by governments of (8) to press countries in the Congo region to 2007, at least $52,000,000 for each such fiscal neighboring countries; help facilitate an end to the violence in the year should be allocated for bilateral assistance (2) an evaluation of United States policies and Democratic Republic of the Congo and promote programs in the Democratic Republic of the foreign assistance programs designed to accom- relief, security, and democracy throughout the Congo. plish such policy objectives; and region; and

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00191 Fmt 4624 Sfmt 6333 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11838 CONGRESSIONAL RECORD — SENATE December 8, 2006 (9) to encourage the United Nations Secretary- (2) to reactivate the Interagency Marine De- projects to accomplish the purpose set forth in General to become more involved in completing bris Coordinating Committee; and section 2(1). the policy objectives described in paragraphs (1) (3) to develop a Federal marine debris infor- (2) GRANT COST SHARING REQUIREMENT.— and (2) of section 102 and ensure that recent mation clearinghouse. (A) IN GENERAL.—Except as provided in sub- fighting in North Kivu, which displaced over SEC. 3. NOAA MARINE DEBRIS PREVENTION AND paragraph (B), Federal funds for any grant 150,000 people, as well as fighting in Ituri and REMOVAL PROGRAM. under this section may not exceed 50 percent of other areas, does not create widespread insta- (a) ESTABLISHMENT OF PROGRAM.—There is the total cost of such project. For purposes of bility throughout the country. established, within the National Oceanic and this subparagraph, the non-Federal share of SEC. 202. INCREASING CONTRIBUTIONS AND Atmospheric Administration, a Marine Debris project costs may be provided by in-kind con- OTHER HUMANITARIAN AND DEVEL- Prevention and Removal Program to reduce and tributions and other noncash support. OPMENT ASSISTANCE THROUGH prevent the occurrence and adverse impacts of (B) WAIVER.—The Administrator may waive INTERNATIONAL ORGANIZATIONS. marine debris on the marine environment and all or part of the matching requirement under (a) IN GENERAL.—The President should in- navigation safety. subparagraph (A) if the Administrator deter- struct the United States permanent representa- (b) PROGRAM COMPONENTS.—The Adminis- mines that no reasonable means are available tive or executive director, as the case may be, to trator, acting through the Program and subject through which applicants can meet the match- the United Nations voluntary agencies, includ- to the availability of appropriations, shall carry ing requirement and the probable benefit of such ing the World Food Program, the United Na- out the following activities: project outweighs the public interest in such tions Development Program, and the United Na- (1) MAPPING, IDENTIFICATION, IMPACT ASSESS- matching requirement. tions High Commissioner for Refugees, and MENT, REMOVAL, AND PREVENTION.—The Admin- (3) AMOUNTS PAID AND SERVICES RENDERED other appropriate international organizations to istrator shall, in consultation with relevant Fed- UNDER CONSENT.— use the voice and vote of the United States to eral agencies, undertake marine debris mapping, (A) CONSENT DECREES AND ORDERS.—If au- support additional humanitarian and develop- identification, impact assessment, prevention, thorized by the Administrator or the Attorney ment assistance for the Democratic Republic of and removal efforts, with a focus on marine de- General, as appropriate, the non-Federal share the Congo in order to accomplish the policy ob- bris posing a threat to living marine resources of the cost of a project carried out under this jectives described in section 102. and navigation safety, including— Act may include money paid pursuant to, or the (b) SUPPORT CONTINGENT ON PROGRESS.—If (A) the establishment of a process, building on value of any in-kind service performed under, the Secretary of State determines that the Gov- existing information sources maintained by Fed- an administrative order on consent or judicial ernment of the Democratic Republic of the eral agencies such as the Environmental Protec- consent decree that will remove or prevent ma- Congo is not making sufficient progress towards tion Agency and the Coast Guard, for cata- rine debris. accomplishing the policy objectives described in loguing and maintaining an inventory of marine (B) OTHER DECREES AND ORDERS.—The non- section 102, the President shall consider with- debris and its impacts found in the navigable Federal share of the cost of a project carried out drawing United States support for the assist- waters of the United States and the United under this Act may not include any money paid ance described in subsection (a) when future States exclusive economic zone, including loca- pursuant to, or the value of any in-kind service funding decisions are considered. tion, material, size, age, and origin, and impacts performed under, any other administrative order Mr. FRIST. Mr. President, I ask on habitat, living marine resources, human or court order. unanimous consent that the Senate health, and navigation safety; (4) ELIGIBILITY.—Any State, local, or tribal concur in the House amendment and (B) measures to identify the origin, location, government whose activities affect research or and projected movement of marine debris within the motion to reconsider be laid upon regulation of marine debris, and any institution United States navigable waters, the United of higher education, nonprofit organization, or the table. States exclusive economic zone, and the high The PRESIDING OFFICER. Without commercial organization with expertise in a seas, including the use of oceanographic, atmos- field related to marine debris, is eligible to sub- objection, it is so ordered. pheric, satellite, and remote sensing data; and mit to the Administrator a marine debris pro- f (C) development and implementation of strate- posal under the grant program. gies, methods, priorities, and a plan for pre- MARINE DEBRIS RESEARCH, PRE- (5) GRANT CRITERIA AND GUIDELINES.—Within venting and removing marine debris from United 180 days after the date of the enactment of this VENTION, AND REDUCTION ACT States navigable waters and within the United Act, the Administrator shall promulgate nec- Mr. FRIST. Mr. President, I ask the States exclusive economic zone, including devel- essary guidelines for implementation of the Chair lay before the Senate a message opment of local or regional protocols for removal grant program, including development of cri- of derelict fishing gear and other marine debris. teria and priorities for grants. In developing from the House of Representatives on EDUCING AND PREVENTING LOSS OF (2) R those guidelines, the Administrator shall consult the bill (S. 362) to establish a program GEAR.—The Administrator shall improve efforts with— within the National Oceanic and At- to reduce adverse impacts of lost and discarded (A) the Interagency Committee; fishing gear on living marine resources and mospheric Administration and the (B) regional fishery management councils es- navigation safety, including— United States Coast Guard to help tablished under the Magnuson-Stevens Fishery (A) research and development of alternatives identify, determine sources of, assess, Conservation and Management Act (16 U.S.C. to gear posing threats to the marine environ- reduce, and prevent marine debris and 1801 et seq.); ment, and methods for marking gear used in (C) State, regional, and local governmental its adverse impacts on the marine envi- specific fisheries to enhance the tracking, recov- entities with marine debris experience; ronment and navigation safety, in co- ery, and identification of lost and discarded (D) marine-dependent industries; and ordination with non-Federal entities, gear; and and for other purposes. (B) development of effective nonregulatory (E) nongovernmental organizations involved in marine debris research, prevention, or re- The PRESIDING OFFICER laid be- measures and incentives to cooperatively reduce the volume of lost and discarded fishing gear moval activities. fore the Senate the following message (6) PROJECT REVIEW AND APPROVAL.—The Ad- from the House of Representatives: and to aid in its recovery. (3) OUTREACH.—The Administrator shall un- ministrator shall— S. 362 dertake outreach and education of the public (A) review each marine debris project proposal Resolved, That the bill from the Senate (S. and other stakeholders, such as the fishing in- to determine if it meets the grant criteria and 362) entitled ‘‘An Act to establish a program dustry, fishing gear manufacturers, and other supports the goals of this Act; within the National Oceanic and Atmos- marine-dependent industries, and the plastic (B) after considering any written comments pheric Administration and the United States and waste management industries, on sources of and recommendations based on the review, ap- Coast Guard to help identify, determine marine debris, threats associated with marine prove or disapprove the proposal; and sources of, assess, reduce, and prevent ma- debris and approaches to identify, determine (C) provide notification of that approval or rine debris and its adverse impacts on the sources of, assess, reduce, and prevent marine disapproval to the person who submitted the marine environment and navigation safety, debris and its adverse impacts on the marine en- proposal. in coordination with non-Federal entities, vironment and navigational safety, including (7) PROJECT REPORTING.—Each grantee under and for other purposes’’, do pass with the fol- outreach and education activities through pub- this section shall provide periodic reports as re- lowing amendment: lic-private initiatives. The Administrator shall quired by the Administrator. Each report shall Strike out all after the enacting clause and coordinate outreach and education activities include all information required by the Adminis- insert: under this paragraph with any outreach pro- trator for evaluating the progress and success in SECTION 1. SHORT TITLE. grams conducted under section 2204 of the Ma- meeting its stated goals, and impact of the grant This Act may be cited as the ‘‘Marine Debris rine Plastic Pollution Research and Control Act activities on the marine debris problem. Research, Prevention, and Reduction Act’’. of 1987 (33 U.S.C. 1915). SEC. 4. COAST GUARD PROGRAM. SEC. 2. PURPOSES. (c) GRANTS, COOPERATIVE AGREEMENTS, AND (a) STRATEGY.—The Commandant of the Coast The purposes of this Act are— CONTRACTS.— Guard, in consultation with the Interagency (1) to help identify, determine sources of, as- (1) IN GENERAL.—The Administrator, acting Committee, shall— sess, reduce, and prevent marine debris and its through the Program, shall enter into coopera- (1) take actions to reduce violations of and im- adverse impacts on the marine environment and tive agreements and contracts and provide fi- prove implementation of MARPOL Annex V and navigation safety; nancial assistance in the form of grants for the Act to Prevent Pollution from Ships (33

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00192 Fmt 4624 Sfmt 6333 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11839 U.S.C. 1901 et seq.) with respect to the discard of tions, industry, universities, and research insti- researchers and other interested persons to im- plastics and other garbage from vessels; tutions, States, Indian tribes, and other nations, prove marine debris source identification, data (2) take actions to cost-effectively monitor and as appropriate.’’; and sharing, and monitoring efforts through collabo- enforce compliance with MARPOL Annex V and (2) in subsection (c), by inserting ‘‘public, rative research and open sharing of data; and the Act to Prevent Pollution from Ships (33 interagency’’ before ‘‘forum’’. (2) take the necessary steps to ensure the con- U.S.C. 1901 et seq.), including through coopera- (b) DEFINITION OF MARINE DEBRIS.—The Ad- fidentiality of such information (especially pro- tion and coordination with other Federal and ministrator and the Commandant of the Coast prietary information), for any information re- State enforcement programs; Guard, in consultation with the Interagency quired by the Administrator to be submitted by (3) take actions to improve compliance with Committee established under subsection (a), the fishing industry under this section. requirements under MARPOL Annex V and sec- shall jointly develop and promulgate through SEC. 7. DEFINITIONS. tion 6 of the Act to Prevent Pollution from Ships regulations a definition of the term ‘‘marine de- (33 U.S.C. 1905) that all United States ports and bris’’ for purposes of this Act. In this Act: terminals maintain and monitor the adequacy of (c) REPORTS.— (1) ADMINISTRATOR.—The term ‘‘Adminis- receptacles for the disposal of plastics and other (1) INTERAGENCY REPORT ON MARINE DEBRIS trator’’ means the Administrator of the National garbage, including through promoting vol- IMPACTS AND STRATEGIES.— Oceanic and Atmospheric Administration. untary government-industry partnerships; (A) IN GENERAL.—Not later than 12 months (2) INTERAGENCY COMMITTEE.—The term (4) develop and implement a plan, in coordi- after the date of the enactment of this Act, the ‘‘Interagency Committee’’ means the Inter- nation with industry and recreational boaters, Interagency Committee, through the chair- agency Marine Debris Coordinating Committee to improve ship-board waste management, in- person, shall complete and submit to the Com- established under section 2203 of the Marine cluding recordkeeping, and access to waste re- mittee on Commerce, Science, and Transpor- Plastic Pollution Research and Control Act of ception facilities for ship-board waste; tation of the Senate and the Committee on 1987 (33 U.S.C. 1914). (5) take actions to improve international co- Transportation and Infrastructure and the (3) UNITED STATES EXCLUSIVE ECONOMIC operation to reduce marine debris; and Committee on Resources of the House of Rep- ZONE.—The term ‘‘United States exclusive eco- (6) establish a voluntary reporting program resentatives a report that— nomic zone’’ means the zone established by for commercial vessel operators and recreational (i) identifies sources of marine debris; Presidential Proclamation Numbered 5030, dated boaters to report incidents of damage to vessels (ii) the ecological and economic impact of ma- March 10, 1983, including the ocean waters of and disruption of navigation caused by marine rine debris; the areas referred to as ‘‘eastern special areas’’ debris, and observed violations of laws and reg- (iii) alternatives for reducing, mitigating, pre- in article 3(1) of the Agreement between the ulations relating to the disposal of plastics and venting, and controlling the harmful affects of United States of America and the Union of So- other marine debris. marine debris; viet Socialist Republics on the Maritime Bound- (b) REPORT.—Not later than 180 days after the (iv) the social and economic costs and benefits ary, signed June 1, 1990. of such alternatives; and date of enactment of this Act, the Commandant (4) MARPOL; ANNEX V; CONVENTION.—The (v) recommendations to reduce marine debris of the Coast Guard shall submit to the Com- terms ‘‘MARPOL’’, ‘‘Annex V’’, and ‘‘Conven- both domestically and internationally. mittee on Commerce, Science, and Transpor- tion’’ have the meaning given those terms under (B) RECOMMENDATIONS.—The report shall pro- tation of the Senate and the Committee on section 2(a) of the Act to Prevent Pollution from vide strategies and recommendations on— Transportation and Infrastructure of the House Ships (33 U.S.C. 1901(a)). (i) establishing priority areas for action to ad- of Representatives a report evaluating the Coast dress leading problems relating to marine debris; (5) NAVIGABLE WATERS.—The term ‘‘navigable Guard’s progress in implementing subsection (a). (ii) developing strategies and approaches to waters’’ means waters of the United States, in- (c) EXTERNAL EVALUATION AND RECOMMENDA- prevent, reduce, remove, and dispose of marine cluding the territorial sea. TIONS ON ANNEX V.— debris, including through private-public part- (6) TERRITORIAL SEA.—The term ‘‘territorial (1) IN GENERAL.—The Commandant of the nerships; sea’’ means the waters of the United States re- Coast Guard shall enter into an arrangement (iii) establishing effective and coordinated ferred to in Presidential Proclamation No. 5928, with the National Research Council under education and outreach activities; and dated December 27, 1988. which the National Research Council shall sub- (iv) ensuring Federal cooperation with, and (7) PROGRAM.—The term ‘‘Program’’ means mit, by not later than 18 months after the date assistance to, the coastal States (as that term is the Marine Debris Prevention and Removal Pro- of the enactment of this Act and in consultation defined in section 304 of the Coastal Zone Man- gram established under section 3. with the Commandant and the Interagency agement Act of 1972 (16 U.S.C. 1453)), Indian (8) STATE.—The term ‘‘State’’ means— Committee, to the Committee on Commerce, tribes, and local governments in the identifica- Science, and Transportation of the Senate and (A) any State of the United States that is im- tion, determination of sources, prevention, re- the Committee on Transportation and Infra- pacted by marine debris within its seaward or duction, management, mitigation, and control of structure of the House of Representatives a com- Great Lakes boundaries; marine debris and its adverse impacts. prehensive report on the effectiveness of inter- (B) the District of Columbia; (2) ANNUAL PROGRESS REPORTS.—Not later (C) American Samoa, Guam, the Northern national and national measures to prevent and than 3 years after the date of the enactment of Mariana Islands, Puerto Rico, and the Virgin reduce marine debris and its impact. this Act, and biennially thereafter, the Inter- Islands; and (2) CONTENTS.—The report required under agency Committee, through the chairperson, paragraph (1) shall include— shall submit to the Committee on Commerce, (D) any other territory or possession of the (A) an evaluation of international and domes- Science, and Transportation of the Senate and United States, or separate sovereign in free asso- tic implementation of MARPOL Annex V and the Committee on Transportation and Infra- ciation with the United States, that is impacted the Act to Prevent Pollution from Ships (33 structure and the Committee on Resources of the by marine debris within its seaward boundaries. U.S.C. 1901 et seq.) and recommendations of House of Representatives a report that evaluates SEC. 8. RELATIONSHIP TO OUTER CONTINENTAL cost-effective actions to improve implementation United States and international progress in SHELF LANDS ACT. and compliance with such measures to reduce meeting the purpose of this Act. The report shall Nothing in this Act supersedes, or limits the impacts of marine debris; include— authority of the Secretary of the Interior under, (B) recommendation of additional Federal or (A) the status of implementation of any rec- the Outer Continental Shelf Lands Act (43 international actions, including changes to ommendations and strategies of the Interagency U.S.C. 1331 et seq.). international and domestic law or regulations, Committee and analysis of their effectiveness; SEC. 9. AUTHORIZATION OF APPROPRIATIONS. needed to further reduce the impacts of marine (B) a summary of the marine debris inventory There are authorized to be appropriated for debris; and to be maintained by the National Oceanic and each fiscal year 2006 through 2010— (C) evaluation of the role of floating fish ag- Atmospheric Administration; gregation devices in the generation of marine (C) a review of the National Oceanic and At- (1) to the Administrator for carrying out sec- debris and existing legal mechanisms to reduce mospheric Administration program authorized tions 3 and 6, $10,000,000, of which no more than impacts of such debris, focusing on impacts in by section 3, including projects funded and ac- 10 percent may be for administrative costs; and the Western Pacific and Central Pacific regions. complishments relating to reduction and preven- (2) to the Secretary of the Department in SEC. 5. INTERAGENCY COORDINATION. tion of marine debris; which the Coast Guard is operating, for the use (a) INTERAGENCY MARINE DEBRIS COORDI- (D) a review of Coast Guard programs and ac- of the Commandant of the Coast Guard in car- NATING COMMITTEE.—Section 2203 of the Marine complishments relating to marine debris re- rying out section 4, $2,000,000, of which no more Plastic Pollution Research and Control Act of moval, including enforcement and compliance than 10 percent may be used for administrative 1987 (33 U.S.C. 1914) is amended— with MARPOL requirements; and costs. (1) by striking subsection (a) and inserting the (E) estimated Federal and non-Federal fund- Mr. FRIST. Mr. President, I ask following: ing provided for marine debris and recommenda- unanimous consent that the Senate ‘‘(a) ESTABLISHMENT OF INTERAGENCY MARINE tions for priority funding needs. concur in the House amendment, the DEBRIS COORDINATING COMMITTEE.—There is es- SEC. 6. FEDERAL INFORMATION CLEARING- motion to reconsider be laid upon the tablished an Interagency Marine Debris Coordi- HOUSE. table, and that any statements relating nating Committee to coordinate a comprehensive The Administrator, in coordination with the program of marine debris research and activities Interagency Committee, shall— to the bill be printed in the RECORD. among Federal agencies, in cooperation and co- (1) maintain a Federal information clearing- The PRESIDING OFFICER. Without ordination with non-governmental organiza- house on marine debris that will be available to objection, it is so ordered.

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00193 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11840 CONGRESSIONAL RECORD — SENATE December 8, 2006 PRESERVING CRIME VICTIM’S been entered, and before that defendant has that defendant, the Government, or any vic- RESTITUTION ACT OF 2006 exhausted or waived the right to a direct ap- tim of that defendant’s crime may file or peal— pursue an otherwise permissible direct ap- Mr. FRIST. Mr. President, I ask ‘‘(i) shall terminate any term of probation, peal, petition for mandamus or a writ of cer- unanimous consent that the Judiciary supervision, or imprisonment, and shall ter- tiorari, or an otherwise permissible motion Committee be discharged from further minate the liability of that defendant to pay under the Federal Rules of Criminal Proce- consideration of S. 4055 and that the any amount remaining due of a criminal for- dure, to the extent that the appeal, petition, Senate proceed to its immediate con- feiture, of a fine under section 3613(b), or of or motion raises an otherwise permissible sideration. a special assessment under section 3013; and claim to challenge or reinstate a verdict, The PRESIDING OFFICER. Without ‘‘(ii) shall not require return of any portion plea of guilty or nolo contendere, sentence, of any criminal forfeiture, fine, or special as- objection, it is so ordered. or judgment that the appellant, petitioner, sessment already paid. or movant shows by a preponderance of the The clerk will report the bill by title. ‘‘(3) RESTITUTION.— The legislative clerk read as follows: evidence is, or will be, material in a pending ‘‘(A) DEATH BEFORE SENTENCE ANNOUNCED.— or reasonably anticipated civil proceeding, A bill (S. 4055) to address the effect of the If a defendant dies after a plea of guilty or including civil forfeiture proceedings. nolo contendere has been accepted or a ver- death of a defendant in the Federal criminal ‘‘(C) COLLATERAL CONSEQUENCES.— dict has been returned and before a sentence proceedings. ‘‘(i) IN GENERAL.—Except as provided in There being no objection, the Senate has been announced, the court shall, upon a subparagraphs (A) and (B), the Government motion under subsection (c)(2) by the Gov- may not restrict any Federal benefits or im- proceeded to consider the bill. ernment or any victim of that defendant’s pose collateral consequences on the estate or Mr. FRIST. Mr. President, I ask crime, commence a special restitution pro- a family member of a deceased defendant unanimous consent that the bill be ceeding at which the court shall adjudicate based solely on the conviction of a defendant read a third time and passed, the mo- and enter a final order of restitution against who died before that defendant exhausted or tion to reconsider be laid upon the the estate of that defendant in an amount equal to the amount that would have been waived the right to direct appeal unless, not table with no intervening action or de- later than 90 days after the death of that debate, and that any statements relating imposed if that defendant were alive. ‘‘(B) DEATH AFTER SENTENCING OR JUDG- fendant, the Government gives notice to that to the bill be printed in the RECORD. MENT.—The death of a defendant after a sen- estate or family member of the intent of the The PRESIDING OFFICER. Without tence has been announced shall not be a Government to take such action. objection, it is so ordered. basis for abating or otherwise invalidating ‘‘(ii) PERSONAL REPRESENTATIVE.—If the The bill (S. 4055) was considered, or- restitution announced at sentencing or or- Government gives notice under clause (i), dered to be engrossed for a third read- dered after sentencing under section the court shall appoint a personal representing, read the third time, and passed, as 3664(d)(5) of this title or any other provision ative for the deceased defendant that is the follows: of law. subject of that notice, if not otherwise ap- ‘‘(4) CIVIL PROCEEDINGS.—The death of a de- pointed, under section (d)(2)(A). fendant after a plea of guilty or nolo ‘‘(iii) TOLLING.—If the Government gives S. 4055 contendere has been accepted, a verdict re- notice under clause (i), any filing deadline turned, a sentence announced, or a judgment that might otherwise apply against the de- Be it enacted by the Senate and House of Rep- entered, shall not prevent the use of that fendant, the estate of the defendant, or a resentatives of the United States of America in plea, verdict, sentence, or judgment in civil family member of the defendant shall be Congress assembled, proceedings, to the extent otherwise per- tolled until the date of the appointment of SECTION 1. SHORT TITLE. mitted by law. that defendant’s personal representative ‘‘(c) APPEALS, MOTIONS, AND PETITIONS.— This Act may be cited as the ‘‘Preserving under clause (ii). ‘‘(1) IN GENERAL.—Except as provided in Crime Victims’ Restitution Act of 2006’’. ‘‘(3) BASIS.—In any appeal, petition, or mo- paragraph (2), after the death of a defendant tion under paragraph (2), the death of the de- SEC. 2. EFFECT OF DEATH OF A DEFENDANT IN convicted in a criminal case— FEDERAL CRIMINAL PROCEEDINGS. fendant shall not be a basis for relief. ‘‘(A) no appeal, motion, or petition by or (a) IN GENERAL.—Subchapter A of chapter on behalf of that defendant or the personal ‘‘(d) PROCEDURES REGARDING CONTINUING 227 of title 18, United States Code, is amend- representative or estate of that defendant, LITIGATION.— ed by adding at the end the following: the Government, or a victim of that defend- ‘‘(1) IN GENERAL.—The standards and proce- ‘‘§ 3560. Effect of death of a defendant in Fed- ant’s crime seeking to challenge or reinstate dures for a permitted appeal, petition, mo- eral criminal proceedings a plea of guilty or nolo contendere accepted, tion, or other proceeding under subsection ‘‘(a) GENERAL RULE.—Notwithstanding any a verdict returned, a sentence announced, or (c)(2) shall be the standards and procedures other provision of law, the death of a defend- a judgment entered prior to the death of that otherwise provided by law, except that the ant who has been convicted of a Federal defendant shall be filed in that case after the personal representative of the defendant criminal offense shall not be the basis for death of that defendant; and shall be substituted for the defendant. abating or otherwise invalidating a plea of ‘‘(B) any pending motion, petition, or ap- ‘‘(2) SPECIAL PROCEDURES.—If continuing guilty or nolo contendere accepted, a verdict peal in that case shall be dismissed with the litigation is initiated or could be initiated returned, a sentence announced, or a judg- notation that the dismissal is due to the under subsection (c)(2), the following proce- ment entered prior to the death of that de- death of the defendant. dures shall apply: fendant, or for dismissing or otherwise in- ‘‘(2) EXCEPTIONS.— ‘‘(A) NOTICE AND APPOINTMENT OF PERSONAL validating the indictment, information, or ‘‘(A) RESTITUTION.—After the death of a de- REPRESENTATIVE.—The district court before complaint on which such a plea, verdict, sen- fendant convicted in a criminal case, the which the criminal case was filed (or the ap- tence, or judgment is based, except as pro- personal representative of that defendant, pellate court if the matter is pending on divided in this section. the Government, or any victim of that de- rect appeal) shall— ‘‘(b) DEATH AFTER PLEA OR VERDICT.— fendant’s crime may file or pursue an other- ‘‘(i) give notice to any victim of the con- ‘‘(1) ENTRY OF JUDGMENT.—If a defendant wise permissible direct appeal, petition for victed defendant under section 3771(a)(2), and dies after a plea of guilty or nolo contendere mandamus or a writ of certiorari, or an oth- to the personal representative of that de- has been accepted or a verdict has been re- erwise permissible motion described in sec- fendant or, if there is none, the next of kin turned, but before judgment is entered, the tion 3663, 3663A, 3664, or 3771, to the extent of that defendant; and court shall enter a judgment incorporating that the appeal, petition, or motion raises an ‘‘(ii) appoint a personal representative for the plea of guilty or nolo contendere or the otherwise permissible claim to— that defendant, if not otherwise appointed. verdict, with the notation that the defendant ‘‘(i) obtain, in a special restitution pro- ‘‘(B) COUNSEL.—Counsel shall be appointed died before the judgment was entered. ceeding, a final order of restitution under for the personal representative of a defend- ‘‘(2) PUNITIVE SANCTIONS.— subsection (b)(3); ant convicted in a criminal case who dies if ‘‘(A) DEATH BEFORE SENTENCE ANNOUNCED.— ‘‘(ii) enforce, correct, amend, adjust, rein- counsel would have been available to that If a defendant dies after a plea of guilty or state, or challenge any order of restitution; defendant, or if the personal representative nolo contendere has been accepted or a ver- or of that defendant requests counsel and other- dict has been returned and before a sentence ‘‘(iii) challenge or reinstate a verdict, plea wise qualifies for the appointment of coun- has been announced, no sentence of proba- of guilty or nolo contendere, sentence, or sel, under section 3006A. tion, supervision, or imprisonment may be judgment on which— ‘‘(C) TOLLING.—The court shall toll any ap- imposed, no criminal forfeiture may be or- ‘‘(I) a restitution order is based; or plicable deadline for the filing of any mo- dered, and no liability for a fine or special ‘‘(II) restitution is being or will be sought tion, petition, or appeal during the period be- assessment may be imposed on the defendant by an appeal, petition, or motion under this ginning on the date of the death of a defend- or the defendant’s estate. paragraph. ant convicted in a criminal case and ending ‘‘(B) DEATH AFTER SENTENCING OR JUDG- ‘‘(B) OTHER CIVIL ACTIONS AFFECTED.—After on the later of— MENT.—The death of a defendant after a sen- the death of a defendant convicted in a ‘‘(i) the date of the appointment of that de- tence has been announced or a judgment has criminal case, the personal representative of fendant’s personal representative; or

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00194 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11841 ‘‘(ii) where applicable, the date of the ap- or circumstance is held to be unconstitu- The PRESIDING OFFICER. The pointment of counsel for that personal rep- tional, the remainder of the provisions of clerk will report the bill by title. resentative. this Act, the amendments made by this Act, The legislative clerk read as follows: ‘‘(D) RESTITUTION.—If restitution has not and the application of such provisions or been fully collected on the date on which a amendments to any person or circumstance A bill (H.R. 6429) to treat payments by defendant convicted in a criminal case dies— shall not be affected. charitable organizations with respect to certain firefighters as exempt payments. ‘‘(i) any amount owed under a restitution f order (whether issued before or after the There being no objection, the Senate death of that defendant) shall be collectible RAILROAD RETIREMENT proceeded to consider the bill. from any property from which the restitu- DISABILITY EARNINGS ACT Mr. FRIST. I further ask that the bill tion could have been collected if that defend- Mr. FRIST. Mr. President, I ask be read three times, passed, the motion ant had survived, regardless of whether that to reconsider be laid upon the table, property is included in the estate of that de- unanimous consent that the Com- fendant; mittee on Health, Education, Labor, and any statements be printed in the ‘‘(ii) any restitution protective order in ef- and pensions be discharged from fur- RECORD. fect on the date of the death of that defend- ther consideration of H.R. 5483, and the The PRESIDING OFFICER. Without ant shall continue in effect unless modified Senate proceed to its immediate con- objection, it is so ordered. by the court after hearing or pursuant to a sideration. The bill (H.R. 6429) was ordered to a motion by the personal representative of The PRESIDING OFFICER. Without third reading, was read the third time, that defendant, the Government, or any vic- objection, it is so ordered. The clerk and passed. tim of that defendant’s crime; and ‘‘(iii) upon motion by the Government or will report the bill by title. f The legislative clerk read as follows: any victim of that defendant’s crime, the U.S. SAFE WEB ACT OF 2005 court shall take any action necessary to pre- A bill (H.R. 5483) to increase the earning serve the availability of property for restitu- limitations under the Railroad Retirement Mr. FRIST. I ask unanimous consent tion under this section. Act and to index the amount of allowable that the Chair now lay before the Sen- ‘‘(e) FORFEITURE.— earnings consistent with increases in the ate the House message to accompany ‘‘(1) IN GENERAL.—Except as provided in substantial gainful activity dollar amount S. 1608. paragraph (2), the death of an individual does under the Social Security Act. There being no objection, the Pre- not affect the Government’s ability to seek, There being no objection, the Senate or to continue to pursue, civil forfeiture of siding Officer laid before the Senate proceeded to consider the bill. the following message from the House property as authorized by law. Mr. FRIST. Mr. President, I ask ‘‘(2) TOLLING OF LIMITATIONS FOR CIVIL FOR- of Representatives: unanimous consent, that the bill, be FEITURE.—Notwithstanding the expiration of S. 1608 any civil forfeiture statute of limitations or read a third time and passed, the mo- Resolved, That the bill from the Senate (S. any time limitation set forth in section tion to reconsider be laid upon the 1608) entitled ‘‘An Act to enhance Federal 983(a) of this title, not later than the later of table, and that any statements related Trade Commission enforcement against ille- the time period otherwise authorized by law to the bill be printed in the RECORD. gal spam, spyware, and cross-border fraud and 2 years after the date of the death of an The PRESIDING OFFICER. Without and deception, and for other purposes’’, do individual against whom a criminal indict- objection, it is so ordered. pass with the following amendment: ment alleging forfeiture is pending, the Gov- The bill (H.R. 5483) was ordered to a Strike out all after the enacting clause and ernment may commence civil forfeiture pro- insert: ceedings against any interest in any prop- third reading, was read the third time, erty alleged to be forfeitable in the indict- and passed. SECTION 1. SHORT TITLE. ment of that individual. f This Act may be cited as the ‘‘Undertaking ‘‘(f) DEFINITIONS.—In this section— Spam, Spyware, And Fraud Enforcement With ‘‘(1) the term ‘accepted’, relating to a plea ABOLITION OF MODERN-DAY Enforcers beyond Borders Act of 2006’’ or the of guilty or nolo contendere, means that a SLAVERY ‘‘U.S. SAFE WEB Act of 2006’’. court has determined, under rule 11(b) of the Mr. FRIST. Mr. President, I ask SEC. 2. FOREIGN LAW ENFORCEMENT AGENCY DEFINED. Federal Rules of Criminal Procedure, that unanimous consent that the Foreign Section 4 of the Federal Trade Commission Act the plea is voluntary and supported by a fac- Relations Committee be discharged tual basis, regardless of whether final ac- (15 U.S.C. 44) is amended by adding at the end ceptance of that plea may have been deferred from further consideration of S. Res. the following: pending review of a presentence report or 549, and the Senate now proceed to its ‘‘ ‘Foreign law enforcement agency’ means— otherwise; consideration. ‘‘(1) any agency or judicial authority of a for- ‘‘(2) the term ‘announced’, relating to a The PRESIDING OFFICER. Without eign government, including a foreign state, a sentence, means that the sentence has been objection, it is so ordered. The clerk political subdivision of a foreign state, or a mul- orally stated in open court; will report the resolution by title. tinational organization constituted by and com- ‘‘(3) the term ‘convicted’ refers to a defend- The legislative clerk read as follows: prised of foreign states, that is vested with law ant— enforcement or investigative authority in civil, ‘‘(A) whose plea of guilty or nolo A resolution (S. Res. 549) expressing the criminal, or administrative matters; and contendere has been accepted; or sense of the Senate regarding modern-day ‘‘(2) any multinational organization, to the ‘‘(B) against whom a verdict of guilty has slavery. extent that it is acting on behalf of an entity de- been returned; There being no objection, the Senate scribed in paragraph (1).’’. ‘‘(4) the term ‘direct appeal’ means an ap- proceeded to consider the resolution. SEC. 3. AVAILABILITY OF REMEDIES. peal filed, within the period provided by rule Mr. FRIST. Mr. President, I ask Section 5(a) of the Federal Trade Commission 4(b) of the Federal Rules of Appellate Proce- unanimous consent that the resolution Act (15 U.S.C. 45(a)) is amended by adding at dure, from the entry of the judgment or be agreed to, the preamble be agreed the end the following: order of restitution, including review by the to, and the motion to reconsider be laid ‘‘(4)(A) For purposes of subsection (a), the Supreme Court of the United States; and term ‘unfair or deceptive acts or practices’ in- ‘‘(5) the term ‘returned’, relating to a ver- upon the table. cludes such acts or practices involving foreign dict, means that the verdict has been orally The PRESIDING OFFICER. Without commerce that— stated in open court.’’. objection, it is so ordered. ‘‘(i) cause or are likely to cause reasonably (b) CONFORMING AMENDMENT.—The table of The resolution (S. Res. 549) was foreseeable injury within the United States; or sections for chapter 227 of title 18, United agreed to. ‘‘(ii) involve material conduct occurring with- States Code, is amended by adding at the end The preamble was agreed to. in the United States. the following: The resolution, with its preamble, ‘‘(B) All remedies available to the Commission ‘‘3560. Effect of death of a defendant in Fed- reads as follows: with respect to unfair and deceptive acts or eral criminal proceedings.’’. practices shall be available for acts and prac- SEC. 3. EFFECTIVE DATE. f tices described in this paragraph, including res- The amendments made by this Act shall CHARITABLE ORGANIZATION titution to domestic or foreign victims.’’. apply to any criminal case or appeal pending FIREFIGHTER PAYMENTS SEC. 4. POWERS OF THE COMMISSION. on or after July 1, 2006. (a) PUBLICATION OF INFORMATION; REPORTS.— SEC. 4. SEVERABILITY. Mr. FRIST. I ask unanimous consent Section 6(f) of the Federal Trade Commission If any provision of this Act, any amend- that the Senate proceed to the imme- Act (15 U.S.C. 46(f)) is amended— ment made by this Act, or the application of diate consideration of H.R. 6429 which (1) by inserting ‘‘(1)’’ after ‘‘such informa- such provision or amendment to any person is at the desk. tion’’ the first place it appears; and

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00195 Fmt 4624 Sfmt 6333 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11842 CONGRESSIONAL RECORD — SENATE December 8, 2006 (2) by striking ‘‘purposes.’’ and inserting and not in lieu of, any other authority vested in (4) Project Emptor. ‘‘purposes, and (2) to any officer or employee of the Commission or any other officer of the (5) The Toronto Strategic Partnership and any foreign law enforcement agency under the United States. other regional partnerships with a nexus in a same circumstances that making material avail- ‘‘(6) LIMITATION.—The authority granted by Canadian province. able to foreign law enforcement agencies is per- this subsection shall not authorize the Commis- (d) CONFORMING AMENDMENT.—Section 6 of mitted under section 21(b).’’. sion to take any action or exercise any power the Federal Trade Commission Act (15 U.S.C. 46) (b) OTHER POWERS OF THE COMMISSION.—Sec- with respect to a bank, a savings and loan insti- is amended by striking ‘‘clauses (a) and (b)’’ in tion 6 of the Federal Trade Commission Act (15 tution described in section 18(f)(3) (15 U.S.C. the proviso following subsection (l) (as added by U.S.C. 46) is further amended by inserting after 57a(f)(3)), a Federal credit union described in subsection (b) of this section) and inserting subsection (i) and before the proviso the fol- section 18(f)(4) (15 U.S.C. 57a(f)(4)), or a com- ‘‘subsections (a), (b), and (j)’’. lowing: mon carrier subject to the Act to regulate com- SEC. 5. REPRESENTATION IN FOREIGN LITIGA- ‘‘(j) INVESTIGATIVE ASSISTANCE FOR FOREIGN merce, except in accordance with the undesig- TION. LAW ENFORCEMENT AGENCIES.— nated proviso following the last designated sub- Section 16 of the Federal Trade Commission ‘‘(1) IN GENERAL.—Upon a written request section of section 6 (15 U.S.C. 46). Act (15 U.S.C. 56) is amended by adding at the from a foreign law enforcement agency to pro- ‘‘(7) ASSISTANCE TO CERTAIN COUNTRIES.—The end the following: vide assistance in accordance with this sub- Commission may not provide investigative as- ‘‘(c) FOREIGN LITIGATION.— section, if the requesting agency states that it is sistance under this subsection to a foreign law ‘‘(1) COMMISSION ATTORNEYS.—With the con- investigating, or engaging in enforcement pro- enforcement agency from a foreign state that currence of the Attorney General, the Commis- ceedings against, possible violations of laws pro- the Secretary of State has determined, in ac- sion may designate Commission attorneys to as- hibiting fraudulent or deceptive commercial cordance with section 6(j) of the Export Admin- sist the Attorney General in connection with practices, or other practices substantially simi- istration Act of 1979 (50 U.S.C. App. 2405(j)), has lar to practices prohibited by any provision of repeatedly provided support for acts of inter- litigation in foreign courts on particular matters the laws administered by the Commission, other national terrorism, unless and until such deter- in which the Commission has an interest. than Federal antitrust laws (as defined in sec- mination is rescinded pursuant to section 6(j)(4) ‘‘(2) REIMBURSEMENT FOR FOREIGN COUNSEL.— tion 12(5) of the International Antitrust En- of that Act (50 U.S.C. App. 2405(j)(4)). The Commission is authorized to expend appro- forcement Assistance Act of 1994 (15 U.S.C. ‘‘(k) REFERRAL OF EVIDENCE FOR CRIMINAL priated funds, upon agreement with the Attor- 6211(5))), to provide the assistance described in PROCEEDINGS.— ney General, to reimburse the Attorney General paragraph (2) without requiring that the con- ‘‘(1) IN GENERAL.—Whenever the Commission for the retention of foreign counsel for litigation duct identified in the request constitute a viola- obtains evidence that any person, partnership, in foreign courts and for expenses related to liti- tion of the laws of the United States. or corporation, either domestic or foreign, has gation in foreign courts in which the Commis- ‘‘(2) TYPE OF ASSISTANCE.—In providing as- engaged in conduct that may constitute a viola- sion has an interest. sistance to a foreign law enforcement agency tion of Federal criminal law, to transmit such ‘‘(3) LIMITATION ON USE OF FUNDS.—Nothing under this subsection, the Commission may— evidence to the Attorney General, who may in- in this subsection authorizes the payment of ‘‘(A) conduct such investigation as the Com- stitute criminal proceedings under appropriate claims or judgments from any source other than mission deems necessary to collect information statutes. Nothing in this paragraph affects any the permanent and indefinite appropriation au- and evidence pertinent to the request for assist- other authority of the Commission to disclose in- thorized by section 1304 of title 31, United States ance, using all investigative powers authorized formation. Code. by this Act; and ‘‘(2) INTERNATIONAL INFORMATION.—The Com- ‘‘(4) OTHER AUTHORITY.—The authority pro- ‘‘(B) when the request is from an agency act- mission shall endeavor to ensure, with respect to vided by this subsection is in addition to any ing to investigate or pursue the enforcement of memoranda of understanding and international other authority of the Commission or the Attor- civil laws, or when the Attorney General refers agreements it may conclude, that material it has ney General.’’. a request to the Commission from an agency act- obtained from foreign law enforcement agencies SEC. 6. SHARING INFORMATION WITH FOREIGN ing to investigate or pursue the enforcement of acting to investigate or pursue the enforcement LAW ENFORCEMENT AGENCIES. criminal laws, seek and accept appointment by of foreign criminal laws may be used for the (a) MATERIAL OBTAINED PURSUANT TO COM- a United States district court of Commission at- purpose of investigation, prosecution, or preven- PULSORY PROCESS.—Section 21(b)(6) of the Fed- torneys to provide assistance to foreign and tion of violations of United States criminal laws. eral Trade Commission Act (15 U.S.C. 57b– international tribunals and to litigants before ‘‘(l) EXPENDITURES FOR COOPERATIVE AR- 2(b)(6)) is amended by adding at the end ‘‘The such tribunals on behalf of a foreign law en- RANGEMENTS.—To expend appropriated funds custodian may make such material available to forcement agency pursuant to section 1782 of for— any foreign law enforcement agency upon the title 28, United States Code. ‘‘(1) operating expenses and other costs of bi- prior certification of an appropriate official of ‘‘(3) CRITERIA FOR DETERMINATION.—In decid- lateral and multilateral cooperative law enforce- any such foreign law enforcement agency, either ing whether to provide such assistance, the ment groups conducting activities of interest to by a prior agreement or memorandum of under- Commission shall consider all relevant factors, the Commission and in which the Commission standing with the Commission or by other writ- including— participates; and ten certification, that such material will be ‘‘(A) whether the requesting agency has ‘‘(2) expenses for consultations and meetings maintained in confidence and will be used only agreed to provide or will provide reciprocal as- hosted by the Commission with foreign govern- for official law enforcement purposes, if— sistance to the Commission; ment agency officials, members of their delega- ‘‘(A) the foreign law enforcement agency has ‘‘(B) whether compliance with the request tions, appropriate representatives and staff to set forth a bona fide legal basis for its authority would prejudice the public interest of the United exchange views concerning developments relat- to maintain the material in confidence; States; and ing to the Commission’s mission, development ‘‘(B) the materials are to be used for purposes ‘‘(C) whether the requesting agency’s inves- and implementation of cooperation agreements, of investigating, or engaging in enforcement tigation or enforcement proceeding concerns and provision of technical assistance for the de- proceedings related to, possible violations of— acts or practices that cause or are likely to velopment of foreign consumer protection or ‘‘(i) foreign laws prohibiting fraudulent or de- cause injury to a significant number of persons. competition regimes, such expenses to include ceptive commercial practices, or other practices ‘‘(4) INTERNATIONAL AGREEMENTS.—If a for- necessary administrative and logistic expenses eign law enforcement agency has set forth a substantially similar to practices prohibited by and the expenses of Commission staff and for- any law administered by the Commission; legal basis for requiring execution of an inter- eign invitees in attendance at such consulta- national agreement as a condition for reciprocal ‘‘(ii) a law administered by the Commission, if tions and meetings including— disclosure of the material would further a Com- assistance, or as a condition for provision of ma- ‘‘(A) such incidental expenses as meals taken terials or information to the Commission, the mission investigation or enforcement proceeding; in the course of such attendance; or Commission, with prior approval and ongoing ‘‘(B) any travel and transportation to or from ‘‘(iii) with the approval of the Attorney Gen- oversight of the Secretary of State, and with such meetings; and final approval of the agreement by the Secretary ‘‘(C) any other related lodging or subsist- eral, other foreign criminal laws, if such foreign of State, may negotiate and conclude an inter- ence.’’. criminal laws are offenses defined in or covered national agreement, in the name of either the (c) AUTHORIZATION OF APPROPRIATIONS.—The by a criminal mutual legal assistance treaty in United States or the Commission, for the pur- Federal Trade Commission is authorized to ex- force between the government of the United pose of obtaining such assistance, materials, or pend appropriated funds not to exceed $100,000 States and the foreign law enforcement agency’s information. The Commission may undertake in per fiscal year for purposes of section 6(l) of the government; such an international agreement to— Federal Trade Commission Act (15 U.S.C. 46(l)) ‘‘(C) the appropriate Federal banking agency ‘‘(A) provide assistance using the powers set (as added by subsection (b) of this section), in- (as defined in section 3(q) of the Federal Deposit forth in this subsection; cluding operating expenses and other costs of Insurance Act (12 U.S.C. 1813(q)) or, in the case ‘‘(B) disclose materials and information in ac- the following bilateral and multilateral coopera- of a Federal credit union, the National Credit cordance with subsection (f) and section 21(b); tive law enforcement agencies and organiza- Union Administration, has given its prior ap- and tions: proval if the materials to be provided under sub- ‘‘(C) engage in further cooperation, and pro- (1) The International Consumer Protection paragraph (B) are requested by the foreign law tect materials and information received from dis- and Enforcement Network. enforcement agency for the purpose of inves- closure, as authorized by this Act. (2) The International Competition Network. tigating, or engaging in enforcement pro- ‘‘(5) ADDITIONAL AUTHORITY.—The authority (3) The Mexico-U.S.-Canada Health Fraud ceedings based on, possible violations of law by provided by this subsection is in addition to, Task Force. a bank, a savings and loan institution described

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00196 Fmt 4624 Sfmt 6333 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11843 in section 18(f)(3) of the Federal Trade Commis- vacy Act (12 U.S.C. 3401 et seq.) and chapter 121 ‘‘(3) any failure to comply with any obligation sion Act (15 U.S.C. 57a(f)(3)), or a Federal credit of title 18, United States Code, including proce- the recipient may have to disclose to a Federal union described in section 18(f)(4) of the Federal dures for extensions of such delays or prohibi- agency that the recipient has received compul- Trade Commission Act (15 U.S.C. 57a(f)(4)); and tions, shall be available to the Commission, pro- sory process from the Commission or intends to ‘‘(D) the foreign law enforcement agency is vided that, notwithstanding any provision provide or has provided information to the Com- not from a foreign state that the Secretary of therein— mission in response to such process. State has determined, in accordance with sec- ‘‘(1) a court may issue an order delaying noti- ‘‘(e) VENUE AND PROCEDURE.— tion 6(j) of the Export Administration Act of fication or prohibiting disclosure (including ex- ‘‘(1) IN GENERAL.—All judicial proceedings ini- 1979 (50 U.S.C. App. 2405(j)), has repeatedly pro- tending such an order) in accordance with the tiated by the Commission under the Right to Fi- vided support for acts of international terrorism, procedures of section 1109 of the Right to Finan- nancial Privacy Act (12 U.S.C. 3401 et seq.), unless and until such determination is rescinded cial Privacy Act (12 U.S.C. 3409) (if notification chapter 121 of title 18, United States Code, or pursuant to section 6(j)(4) of that Act (50 U.S.C. would otherwise be required under that Act), or this section may be brought in the United States App. 2405(j)(4)). section 2705 of title 18, United States Code, (if District Court for the District of Columbia or Nothing in the preceding sentence authorizes notification would otherwise be required under any other appropriate United States District the disclosure of material obtained in connec- chapter 121 of that title), if the presiding judge Court. All ex parte applications by the Commis- tion with the administration of the Federal anti- or magistrate judge finds that there is reason to sion under this section related to a single inves- trust laws or foreign antitrust laws (as defined believe that such notification or disclosure may tigation may be brought in a single proceeding. in paragraphs (5) and (7), respectively, of sec- cause an adverse result as defined in subsection ‘‘(2) IN CAMERA PROCEEDINGS.—Upon application 12 of the International Antitrust Enforce- (g) of this section; and tion by the Commission, all judicial proceedings ment Assistance Act of 1994 (15 U.S.C. 6211)) to ‘‘(2) if notification would otherwise be re- pursuant to this section shall be held in camera any officer or employee of a foreign law enforce- quired under chapter 121 of title 18, United and the records thereof sealed until expiration ment agency.’’. States Code, the Commission may delay notifica- of the period of delay or such other date as the (b) INFORMATION SUPPLIED BY AND ABOUT tion (including extending such a delay) upon presiding judge or magistrate judge may permit. FOREIGN SOURCES.—Section 21(f) of the Federal the execution of a written certification in ac- ‘‘(f) SECTION NOT TO APPLY TO ANTITRUST IN- Trade Commission Act (15 U.S.C. 57b–2(f)) is cordance with the procedures of section 2705 of VESTIGATIONS OR PROCEEDINGS.—This section amended to read as follows: that title if the Commission finds that there is shall not apply to an investigation or pro- ‘‘(f) EXEMPTION FROM PUBLIC DISCLOSURE.— reason to believe that notification may cause an ceeding related to the administration of Federal ‘‘(1) IN GENERAL.—Any material which is re- adverse result as defined in subsection (g) of antitrust laws or foreign antitrust laws (as de- ceived by the Commission in any investigation, this section. fined in paragraphs (5) and (7), respectively, of a purpose of which is to determine whether any ‘‘(c) EX PARTE APPLICATION BY COMMIS- section 12 of the International Antitrust En- person may have violated any provision of the SION.— forcement Assistance Act of 1994 (15 U.S.C. laws administered by the Commission, and ‘‘(1) IN GENERAL.—If neither notification nor 6211). delayed notification by the Commission is re- which is provided pursuant to any compulsory ‘‘(g) ADVERSE RESULT DEFINED.—For purposes quired under the Right to Financial Privacy Act process under this Act or which is provided vol- of this section the term ‘adverse result’ means— (12 U.S.C. 3401 et seq.) or chapter 121 of title 18, untarily in place of such compulsory process ‘‘(1) endangering the life or physical safety of United States Code, the Commission may apply shall not be required to be disclosed under sec- an individual; ex parte to a presiding judge or magistrate judge tion 552 of title 5, United States Code, or any ‘‘(2) flight from prosecution; for an order prohibiting the recipient of compul- other provision of law, except as provided in ‘‘(3) the destruction of, or tampering with, evi- sory process issued by the Commission from dis- paragraph (2)(B) of this section. dence; closing to any other person the existence of the ‘‘(4) the intimidation of potential witnesses; or ‘‘(2) MATERIAL OBTAINED FROM A FOREIGN process, notwithstanding any law or regulation ‘‘(5) otherwise seriously jeopardizing an inves- SOURCE.— of the United States, or under the constitution, tigation or proceeding related to fraudulent or ‘‘(A) IN GENERAL.—Except as provided in sub- or any law or regulation, of any State, political deceptive commercial practices or persons in- paragraph (B) of this paragraph, the Commis- subdivision of a State, territory of the United volved in such practices, or unduly delaying a sion shall not be required to disclose under sec- States, or the District of Columbia. The pre- trial related to such practices or persons in- tion 552 of title 5, United States Code, or any siding judge or magistrate judge may enter such volved in such practices, including, but not lim- other provision of law— an order granting the requested prohibition of ‘‘(i) any material obtained from a foreign law ited to, by— disclosure for a period not to exceed 60 days if ‘‘(A) the transfer outside the territorial limits enforcement agency or other foreign government there is reason to believe that disclosure may of the United States of assets or records related agency, if the foreign law enforcement agency cause an adverse result as defined in subsection to fraudulent or deceptive commercial practices or other foreign government agency has re- (g). The presiding judge or magistrate judge may or related to persons involved in such practices; quested confidential treatment, or has precluded grant extensions of this order of up to 30 days ‘‘(B) impeding the ability of the Commission to such disclosure under other use limitations, as a each in accordance with this subsection, except identify persons involved in fraudulent or de- condition of providing the material; that in no event shall the prohibition continue ceptive commercial practices, or to trace the ‘‘(ii) any material reflecting a consumer com- in force for more than a total of 9 months. source or disposition of funds related to such plaint obtained from any other foreign source, if ‘‘(2) APPLICATION.—This subsection shall practices; or that foreign source supplying the material has apply only in connection with compulsory proc- ‘‘(C) the dissipation, fraudulent transfer, or requested confidential treatment as a condition ess issued by the Commission where the recipient concealment of assets subject to recovery by the of providing the material; or of such process is not a subject of the investiga- Commission.’’. ‘‘(iii) any material reflecting a consumer com- tion or proceeding at the time such process is (b) CONFORMING AMENDMENT.—Section plaint submitted to a Commission reporting issued. 16(a)(2) of the Federal Trade Commission Act (15 mechanism sponsored in part by foreign law en- ‘‘(3) LIMITATION.—No order issued under this U.S.C. 56(a)(2)) is amended— forcement agencies or other foreign government subsection shall prohibit any recipient from dis- (1) in subparagraph (C) by striking ‘‘or’’ after agencies. closing to a Federal agency that the recipient the semicolon; ‘‘(B) SAVINGS PROVISION.—Nothing in this has received compulsory process from the Com- (2) in subparagraph (D) by inserting ‘‘or’’ subsection shall authorize the Commission to mission. after the semicolon; and withhold information from the Congress or pre- ‘‘(d) NO LIABILITY FOR FAILURE TO NOTIFY.— (3) by inserting after subparagraph (D) the vent the Commission from complying with an If neither notification nor delayed notification following: order of a court of the United States in an ac- by the Commission is required under the Right ‘‘(E) under section 21A of this Act;’’. tion commenced by the United States or the to Financial Privacy Act (12 U.S.C. 3401 et seq.) SEC. 8. PROTECTION FOR VOLUNTARY PROVI- Commission.’’. or chapter 121 of title 18, United States Code, SION OF INFORMATION. SEC. 7. CONFIDENTIALITY; DELAYED NOTICE OF the recipient of compulsory process issued by the The Federal Trade Commission Act (15 U.S.C. PROCESS. Commission under this Act shall not be liable 41 et seq.) is further amended by adding after (a) IN GENERAL.—The Federal Trade Commis- under any law or regulation of the United section 21A (as added by section 7 of this Act) sion Act (15 U.S.C. 41 et seq.) is amended by in- States, or under the constitution, or any law or the following: serting after section 21 the following: regulation, of any State, political subdivision of ‘‘SEC. 21B. PROTECTION FOR VOLUNTARY PROVI- ‘‘SEC. 21A. CONFIDENTIALITY AND DELAYED NO- a State, territory of the United States, or the SION OF INFORMATION. TICE OF COMPULSORY PROCESS FOR District of Columbia, or under any contract or ‘‘(a) IN GENERAL.— CERTAIN THIRD PARTIES. other legally enforceable agreement, for failure ‘‘(1) NO LIABILITY FOR PROVIDING CERTAIN MA- ‘‘(a) APPLICATION WITH OTHER LAWS.—The to provide notice to any person that such proc- TERIAL.—An entity described in paragraphs (2) Right to Financial Privacy Act (12 U.S.C. 3401 ess has been issued or that the recipient has pro- or (3) of subsection (d) that voluntarily provides et seq.) and chapter 121 of title 18, United States vided information in response to such process. material to the Commission that such entity rea- Code, shall apply with respect to the Commis- The preceding sentence does not exempt any re- sonably believes is relevant to— sion, except as otherwise provided in this sec- cipient from liability for— ‘‘(A) a possible unfair or deceptive act or tion. ‘‘(1) the underlying conduct reported; practice, as defined in section 5(a) of this Act; ‘‘(b) PROCEDURES FOR DELAY OF NOTIFICA- ‘‘(2) a failure to comply with the record reten- or TION OR PROHIBITION OF DISCLOSURE.—The pro- tion requirements under section 1104(c) of the ‘‘(B) assets subject to recovery by the Commis- cedures for delay of notification or prohibition Right to Financial Privacy Act (12 U.S.C. 3404), sion, including assets located in foreign jurisdic- of disclosure under the Right to Financial Pri- where applicable; or tions;

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00197 Fmt 4624 Sfmt 6333 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11844 CONGRESSIONAL RECORD — SENATE December 8, 2006 shall not be liable to any person under any law which this section is applicable, or payment or section 21 of the Federal Trade Commission Act or regulation of the United States, or under the reimbursement made on behalf of such agency, (15 U.S.C. 57–2) as amended by section 6 of this constitution, or any law or regulation, of any for expenses incurred by the Commission, its Act; State, political subdivision of a State, territory members, and employees in carrying out such (8) an analysis of whether the lack of an ex- of the United States, or the District of Columbia, arrangements. emption from the disclosure requirements of sec- for such provision of material or for any failure ‘‘(c) STANDARDS OF CONDUCT.—A person ap- tion 552 of title 5, United States Code, with re- to provide notice of such provision of material or pointed under subsection (a)(1) shall be subject gard to information or material voluntarily proof intention to so provide material. to the provisions of law relating to ethics, con- vided relevant to possible unfair or deceptive ‘‘(2) LIMITATIONS.—Nothing in this subsection flicts of interest, corruption, and any other acts or practices, has hindered the Commission shall be construed to exempt any such entity criminal or civil statute or regulation governing in investigating or engaging in enforcement pro- from liability— the standards of conduct for Federal employees ceedings against such practices; and ‘‘(A) for the underlying conduct reported; or that are applicable to the type of appoint- (9) a description of Commission litigation ‘‘(B) to any Federal agency for providing such ment.’’. brought in foreign courts. material or for any failure to comply with any SEC. 10. INFORMATION SHARING WITH FINAN- Mr. FRIST. I ask unanimous consent obligation the entity may have to notify a Fed- CIAL REGULATORS. that the Senate concur in the House eral agency prior to providing such material to Section 1112(e) of the Right to Financial Pri- amendment, the motion to reconsider the Commission. vacy Act of 1978 (12 U.S.C. 3412(e)) is amended be laid upon the table, and any state- ‘‘(b) CERTAIN FINANCIAL INSTITUTIONS.—An by inserting ‘‘the Federal Trade Commission,’’ ments be printed in the RECORD. entity described in paragraph (1) of subsection after ‘‘the Securities and Exchange Commis- The PRESIDING OFFICER. Without (d) shall, in accordance with section 5318(g)(3) sion,’’. objection, it is so ordered. of title 31, United States Code, be exempt from SEC. 11. AUTHORITY TO ACCEPT REIMBURSE- liability for making a voluntary disclosure to MENTS. f the Commission of any possible violation of law The Federal Trade Commission Act (15 U.S.C. UNANIMOUS CONSENT AGREE- or regulation, including— 41 et seq.) is amended— MENT—TRIBUTES TO RETIRING ‘‘(1) a disclosure regarding assets, including (1) by redesignating section 26 as section 28; SENATORS assets located in foreign jurisdictions— and ‘‘(A) related to possibly fraudulent or decep- (2) by inserting after section 25A, as added by Mr. FRIST. I ask unanimous consent tive commercial practices; section 9 of this Act, the following: that the tributes to retiring Senators ‘‘(B) related to persons involved in such prac- ‘‘SEC. 26. REIMBURSEMENT OF EXPENSES. be printed as a Senate document and tices; or ‘‘The Commission may accept payment or re- that Senators be permitted to submit ‘‘(C) otherwise subject to recovery by the Com- imbursement, in cash or in kind, from a domestic tributes until December 27, 2006. mission; or or foreign law enforcement agency, or payment The PRESIDING OFFICER. Without ‘‘(2) a disclosure regarding suspicious or reimbursement made on behalf of such agen- objection, it is so ordered. chargeback rates related to possibly fraudulent cy, for expenses incurred by the Commission, its or deceptive commercial practices. members, or employees in carrying out any ac- f ‘‘(c) CONSUMER COMPLAINTS.—Any entity de- tivity pursuant to a statute administered by the AUTHORITY TO FILE scribed in subsection (d) that voluntarily pro- Commission without regard to any other provi- vides consumer complaints sent to it, or informa- sion of law. Any such payments or reimburse- Mr. FRIST. I ask unanimous consent tion contained therein, to the Commission shall ments shall be considered a reimbursement to that on December 22, 2006, between the not be liable to any person under any law or the appropriated funds of the Commission.’’. hours of 10 a.m. and 11 a.m, committees regulation of the United States, or under the SEC. 12. PRESERVATION OF EXISTING AUTHOR- have the authority to file special re- constitution, or any law or regulation, of any ITY. ports on nonlegislative matters only. State, political subdivision of a State, territory The authority provided by this Act, and by This does not include executive mat- of the United States, or the District of Columbia, the Federal Trade Commission Act (15 U.S.C. 41 ters such as treaties or nominations, for such provision of material or for any failure et seq.) and the Right to Financial Privacy Act to provide notice of such provision of material or nor does it allow committees to report (12 U.S.C. 3401 et seq.), as such Acts are amend- bills or resolutions after the sine die of intention to so provide material. This sub- ed by this Act, is in addition to, and not in lieu section shall not provide any exemption from li- of, any other authority vested in the Federal adjournment. ability for the underlying conduct. Trade Commission or any other officer of the The PRESIDING OFFICER. Without ‘‘(d) APPLICATION.—This section applies to the United States. objection, it is so ordered. following entities, whether foreign or domestic: SEC. 13. SUNSET. f ‘‘(1) A financial institution as defined in sec- This Act , and the amendments made by this tion 5312 of title 31, United States Code. APPOINTMENT AUTHORITY Act , shall cease to have effect on the date that ‘‘(2) To the extent not included in paragraph is 7 years after the date of enactment of this Mr. FRIST. Mr. President, I ask (1), a bank or thrift institution, a commercial Act. unanimous consent that notwith- bank or trust company, an investment company, a credit card issuer, an operator of a credit card SEC. 14. REPORT. standing the upcoming recess or ad- system, and an issuer, redeemer, or cashier of Not later than 3 years after the date of enact- journment of the Senate, the President travelers’ checks, money orders, or similar in- ment of this Act, the Federal Trade Commission of the Senate, the President pro tem- struments. shall transmit to Congress a report describing its pore, and the majority and minority ‘‘(3) A courier service, a commercial mail reuse of and experience with the authority grant- leaders be authorized to make appointed by this Act, along with any recommendations ceiving agency, an industry membership organi- ments to commissions, committees, zation, a payment system provider, a consumer for additional legislation. The report shall include— boards, conferences, or interparliamen- reporting agency, a domain name registrar or tary conferences authorized by law, by registry acting as such, and a provider of alter- (1) the number of cross-border complaints re- native dispute resolution services. ceived by the Commission; concurrent action of the two Houses, or ‘‘(4) An Internet service provider or provider (2) identification of the foreign agencies to by order of the Senate. of telephone services.’’. which the Commission has provided nonpublic The PRESIDING OFFICER. Without investigative information under this Act; objection, it is so ordered. SEC. 9. STAFF EXCHANGES. (3) the number of times the Commission has The Federal Trade Commission Act (15 U.S.C. used compulsory process on behalf of foreign f 41 et seq.) is amended by adding after section 25 law enforcement agencies pursuant to section 6 SIGNING AUTHORITY the following new section: of the Federal Trade Commission Act (15 U.S.C. ‘‘SEC. 25A. STAFF EXCHANGES. 46), as amended by section 4 of this Act; Mr. FRIST. Mr. President, I ask ‘‘(a) IN GENERAL.—The Commission may— (4) a list of international agreements and unanimous consent that during the ad- ‘‘(1) retain or employ officers or employees of memoranda of understanding executed by the journment of the Senate, the majority foreign government agencies on a temporary Commission that relate to this Act; leader, the junior Senator from Vir- basis as employees of the Commission pursuant (5) the number of times the Commission has ginia, and the junior Senator from Mis- to section 2 of this Act or section 3101 or section sought delay of notice pursuant to section 21A sissippi be authorized to sign duly en- 3109 of title 5, United States Code; and of the Federal Trade Commission Act, as added rolled bills or joint resolutions. ‘‘(2) detail officers or employees of the Com- by section 7 of this Act, and the number of times The PRESIDING OFFICER. Without mission to work on a temporary basis for appro- a court has granted a delay; priate foreign government agencies. (6) a description of the types of information objection, it is so ordered. ‘‘(b) RECIPROCITY AND REIMBURSEMENT.—The private entities have provided voluntarily pur- f staff arrangements described in subsection (a) suant to section 21B of the Federal Trade Com- APPOINTMENT need not be reciprocal. The Commission may ac- mission Act, as added by section 8 of this Act; cept payment or reimbursement, in cash or in (7) a description of the results of cooperation The PRESIDING OFFICER. The kind, from a foreign government agency to with foreign law enforcement agencies under Chair, on behalf of the Democratic

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00198 Fmt 4624 Sfmt 0634 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2006 CONGRESSIONAL RECORD — SENATE S11845 leaders of the Senate and House of Rep- than, Bryan, and Harrison, who had all Senate, I ask unanimous consent that resentatives, pursuant to Public Law come back to hear my farewell address the Senate stand adjourned sine die 109–236, appoints Dr. James L. Weeks, yesterday. They had to fly in from New under the provisions of H. Con. Res 503. of Maryland, to serve as a member of York, take a train from New Jersey, There being no objection, the Senate, the MINER Act Technical Study Panel. and come up from Tennessee. And beat 4:39 a.m., adjourned sine die until f cause we are empty nesters, they are Thursday, January 4, 2007. all out of the house now. It is getting f ORDERS FOR THURSDAY, increasingly rare that we are all to- JANUARY 4, 2007 gether. NOMINATIONS RETURNED TO THE Mr. FRIST. Mr. President, I ask But one of the things we did last PRESIDENT unanimous consent that when the Sen- night is we sat around a table—it hap- Friday, December 8, 2006 ate completes its business today, it pened to be at a restaurant—and The following nominations trans- stand adjourned sine die pursuant to thought a little bit about past experi- mitted by the President of the United the provisions of H. Con. Res. 503, until ences. And you can imagine how their States to the Senate during the second 12 noon on Thursday, January 4. lives have changed over 12 years. We session of the 109th Congress, and upon The PRESIDING OFFICER. Without knew this night would come, this final which no action was had at the time of objection, it is so ordered. minute or so would come, for a long the sine die adjournment of the Senate, time. I have known for 12 years, and f failed of confirmation under the provi- that is the normal life cycle that one sions of Rule XXXI, paragraph 6, of the LAST FAREWELL can expect if you are a citizen legis- Standing Rules of the Senate. Mr. FRIST. Mr. President, today we lator, which I have said again and AMTRAK again that is what I tried to be in self- were able to finish up our work in a ENRIQUE J. SOSA, OF FLORIDA, TO BE A MEMBER OF very successful way before we leave for limiting my period here in the Senate. THE REFORM BOARD (AMTRAK) FOR A TERM OF FIVE But over that period, we have seen YEARS. the year. We passed a continuing fund- ENRIQUE J. SOSA, OF FLORIDA, TO BE A MEMBER OF ing resolution, the critical tax extend- these three young boys—all very THE REFORM BOARD (AMTRAK) FOR A TERM OF FIVE ers package, and a number of impor- young—grow into three robust young YEARS, TO WHICH POSITION HE WAS APPOINTED DURING men. I have seen a wife grow more THE LAST RECESS OF THE SENATE. tant legislative items, as well as a list FLOYD HALL, OF NEW JERSEY, TO BE A MEMBER OF of executive nominations. We have had beautiful by the day. I have seen a rela- THE REFORM BOARD (AMTRAK) FOR A TERM OF FIVE tionship of family, and a relationship YEARS, TO WHICH POSITION HE WAS APPOINTED DURING a long week—a productive week—and I THE LAST RECESS OF THE SENATE. between a husband and a wife, grow do want to thank all my colleagues for ASIAN DEVELOPMENT BANK stronger over these 12 years through their patience and their dedicated ef- CURTIS S. CHIN, OF NEW YORK, TO BE UNITED STATES this opportunity the people of Ten- forts. DIRECTOR OF THE ASIAN DEVELOPMENT BANK, WITH nessee have given me and Karyn and THE RANK OF AMBASSADOR. As we close, I also want to thank all my three boys to serve them. BROADCASTING BOARD OF GOVERNORS of the staff at the desk and those in the I have seen faith strengthened and D. JEFFREY HIRSCHBERG, OF WISCONSIN, TO BE A offices above this Chamber and below challenged by the responsibility the MEMBER OF THE BROADCASTING BOARD OF GOVERNORS this Chamber who will be here long FOR A TERM EXPIRING AUGUST 13, 2007. people of Tennessee give us as elected MARK MCKINNON, OF TEXAS, TO BE A MEMBER OF THE after we adjourn, preparing and final- officials when they select us to rep- BROADCASTING BOARD OF GOVERNORS FOR A TERM EX- izing all of the business we have just PIRING AUGUST 13, 2006. resent their hopes and their dreams. MARK MCKINNON, OF TEXAS, TO BE A MEMBER OF THE completed. I have also seen in this body, in BROADCASTING BOARD OF GOVERNORS FOR A TERM EX- I would be remiss if I did not recog- watching my colleagues and being with PIRING AUGUST 13, 2009. KENNETH Y. TOMLINSON, OF VIRGINIA, TO BE CHAIR- nize the pages who are with us tonight, my colleagues, a group of men and a MAN OF THE BROADCASTING BOARD OF GOVERNORS. and those who are not with us tonight, group of women who are very good peo- (REAPPOINTMENT). KENNETH Y. TOMLINSON, OF VIRGINIA, TO BE A MEM- but those who have all left their home ple, with good intentions, who are un- BER OF THE BROADCASTING BOARD OF GOVERNORS FOR States to come to Washington for the selfish, who are people of faith, people A TERM EXPIRING AUGUST 13, 2007. semester to work in this Chamber. of vision, people with real dreams, not CENTRAL INTELLIGENCE We thank each and every one of you perfect, as we all know—and we all JOHN A. RIZZO, OF THE DISTRICT OF COLUMBIA, TO BE for your tremendous, tremendous GENERAL COUNSEL OF THE CENTRAL INTELLIGENCE have our foibles, and we all have our AGENCY. work. It is 4:34 a.m. now, and we have weaknesses—but people who are good. CORPORATION FOR NATIONAL AND COMMUNITY My dad always used to say: ‘‘Good finished a long day, and people always SERVICE laugh when I say being Senate major- people beget good people.’’ ‘‘Good peo- MICHAEL DOLAN, OF NEW YORK, TO BE A MEMBER OF ity leader is like doing heart trans- ple beget good people.’’ And I think THE BOARD OF DIRECTORS OF THE CORPORATION FOR plants. But times like this make it all that as we go through periods of NATIONAL AND COMMUNITY SERVICE FOR A TERM EX- PIRING OCTOBER 6, 2009. very clear that they are very similar change here, we can have that tradi- STEPHEN GOLDSMITH, OF INDIANA, TO BE A MEMBER because at about 4:34 a.m. in the morn- tion of good people in this body beget- OF THE BOARD OF DIRECTORS OF THE CORPORATION FOR NATIONAL AND COMMUNITY SERVICE FOR A TERM ing, we would be putting those last few ting good people to continue. EXPIRING OCTOBER 6, 2010, TO WHICH POSITION HE WAS stitches in the transplanted heart. And I will close, again quoting from Dad’s APPOINTED DURING THE LAST RECESS OF THE SENATE. letter I mentioned yesterday that he RICHARD ALLAN HILL, OF MONTANA, TO BE A MEMBER as you do that, you begin to feel that OF THE BOARD OF DIRECTORS OF THE CORPORATION anticipation of that heart, all of a sud- wrote to future generations prior to his FOR NATIONAL AND COMMUNITY SERVICE FOR A TERM den starting to beat again and coming death. EXPIRING JUNE 10, 2009. CORPORATION FOR PUBLIC BROADCASTING alive, which gives new life and rebirth I mentioned yesterday that that is a to an individual who would otherwise great thing for all of us to do later in WARREN BELL, OF CALIFORNIA, TO BE A MEMBER OF life. What advice would you give people THE BOARD OF DIRECTORS OF THE CORPORATION FOR die. PUBLIC BROADCASTING FOR A TERM EXPIRING JANU- I say that because that is what I you will never see a generation or two ARY 31, 2012. generations later? I will close with his would be doing if I were not here, and DEFENSE BASE CLOSURE AND REALIGNMENT words from that same letter. This was I was doing 12, 13 years ago. I may well COMMISSION after a list of things he wrote, giving be doing it next year. But that sort of ANTHONY JOSEPH PRINCIPI, OF CALIFORNIA, TO BE A his counsel and advice—very simple MEMBER OF THE DEFENSE BASE CLOSURE AND RE- change is good. And change can be, as ALIGNMENT COMMISSION. things, by the way, commonsense I said yesterday, constructive. It can things. He said: DEPARTMENT OF COMMERCE be rebirth. And it can give real hope. Finally, I believe it is so terribly impor- JANE C. LUXTON, OF VIRGINIA, TO BE ASSISTANT SEC- RETARY OF COMMERCE FOR OCEANS AND ATMOSPHERE. I gave my formal remarks on leaving tant in life to stay humble. Use your talents the Senate yesterday, but the words I wisely and use other people’s talents to help DEPARTMENT OF DEFENSE speak over the next 2 minutes are the other people. PETER CYRIL WYCHE FLORY, OF VIRGINIA, TO BE AN ASSISTANT SECRETARY OF DEFENSE. very last I will ever give in this Cham- ‘‘Help other people.’’ PETER CYRIL WYCHE FLORY, OF VIRGINIA, TO BE AN ber. In 2 minutes, maybe less, that door ASSISTANT SECRETARY OF DEFENSE, TO WHICH POSI- f TION HE WAS APPOINTED DURING THE RECESS OF THE closes, and the chapter ends. SENATE FROM JULY 29, 2005, TO SEPTEMBER 1, 2005. After I gave my farewell address yes- ADJOURNMENT SINE DIE ERIC S. EDELMAN, OF VIRGINIA, TO BE UNDER SEC- terday, I had dinner last night with RETARY OF DEFENSE FOR POLICY, TO WHICH POSITION Mr. FRIST. Mr. President, if there is HE WAS APPOINTED DURING THE RECESS OF THE SEN- Karyn and with my three boys, Jona- no further business to come before the ATE FROM JULY 29, 2005, TO SEPTEMBER 1, 2005.

VerDate Mar 15 2010 23:39 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00199 Fmt 4624 Sfmt 9801 E:\2006SENATE\S08DE6.PT2 S08DE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11846 CONGRESSIONAL RECORD — SENATE December 8, 2006

DORRANCE SMITH, OF VIRGINIA, TO BE AN ASSISTANT UNITED NATIONS DURING HIS TENURE OF SERVICE AS ERAL DISABILITY INSURANCE TRUST FUND FOR A TERM SECRETARY OF DEFENSE, TO WHICH POSITION HE WAS REPRESENTATIVE OF THE UNITED STATES OF AMERICA OF FOUR YEARS. APPOINTED DURING THE LAST RECESS OF THE SENATE. TO THE UNITED NATIONS. THOMAS R. SAVING, OF TEXAS, TO BE A MEMBER OF GORDON ENGLAND, OF TEXAS, TO BE DEPUTY SEC- STANLEY DAVIS PHILLIPS, OF NORTH CAROLINA, TO BE THE BOARD OF TRUSTEES OF THE FEDERAL OLD-AGE RETARY OF DEFENSE, TO WHICH POSITION HE WAS AP- AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY AND SURVIVORS INSURANCE TRUST FUND AND THE FED- POINTED DURING THE LAST RECESS OF THE SENATE. OF THE UNITED STATES OF AMERICA TO THE REPUBLIC ERAL DISABILITY INSURANCE TRUST FUND FOR A TERM ANITA K. BLAIR, OF VIRGINIA, TO BE AN ASSISTANT OF ESTONIA. OF FOUR YEARS. SECRETARY OF THE AIR FORCE. SAM FOX, OF MISSOURI, TO BE AMBASSADOR EX- THOMAS R. SAVING, OF TEXAS, TO BE A MEMBER OF MICHAEL J. BURNS, OF NEW MEXICO, TO BE ASSISTANT TRAORDINARY AND PLENIPOTENTIARY OF THE UNITED THE BOARD OF TRUSTEES OF THE FEDERAL SUPPLE- TO THE SECRETARY OF DEFENSE FOR NUCLEAR AND STATES OF AMERICA TO BELGIUM. MENTARY MEDICAL INSURANCE TRUST FUND FOR A CHEMICAL AND BIOLOGICAL DEFENSE PROGRAMS. TERM OF FOUR YEARS. DEPARTMENT OF THE INTERIOR DEPARTMENT OF ENERGY FEDERAL LABOR RELATIONS AUTHORITY CARL JOSEPH ARTMAN, OF COLORADO, TO BE AN AS- KEVIN M. KOLEVAR, OF MICHIGAN, TO BE AN ASSIST- SISTANT SECRETARY OF THE INTERIOR. WAYNE CARTWRIGHT BEYER, OF NEW HAMPSHIRE, TO ANT SECRETARY OF ENERGY (ELECTRICITY DELIVERY JOHN RAY CORRELL, OF INDIANA, TO BE DIRECTOR OF BE A MEMBER OF THE FEDERAL LABOR RELATIONS AU- AND ENERGY RELIABILITY). THE OFFICE OF SURFACE MINING RECLAMATION AND THORITY FOR A TERM OF FIVE YEARS EXPIRING JULY 1, ENFORCEMENT. 2010. DEPARTMENT OF HEALTH AND HUMAN SERVICES FEDERAL MINE SAFETY AND HEALTH REVIEW DEPARTMENT OF THE TREASURY DANIEL MERON, OF MARYLAND, TO BE GENERAL COUN- COMMISSION SEL OF THE DEPARTMENT OF HEALTH AND HUMAN CATHERINE G. WEST, OF THE DISTRICT OF COLUMBIA, SERVICES. TO BE A MEMBER OF THE INTERNAL REVENUE SERVICE MICHAEL F. DUFFY, OF THE DISTRICT OF COLUMBIA, DANIEL MERON, OF MARYLAND, TO BE GENERAL COUN- OVERSIGHT BOARD FOR A TERM EXPIRING SEPTEMBER TO BE A MEMBER OF THE FEDERAL MINE SAFETY AND SEL OF THE DEPARTMENT OF HEALTH AND HUMAN 14, 2008. HEALTH REVIEW COMMISSION FOR A TERM OF SIX SERVICES, TO WHICH POSITION HE WAS APPOINTED DUR- PETER E. CIANCHETTE, OF MAINE, TO BE A MEMBER OF YEARS EXPIRING AUGUST 30, 2012. ING THE LAST RECESS OF THE SENATE. THE INTERNAL REVENUE SERVICE OVERSIGHT BOARD MICHAEL F. DUFFY, OF THE DISTRICT OF COLUMBIA, FOR A TERM EXPIRING SEPTEMBER 14, 2010. TO BE A MEMBER OF THE FEDERAL MINE SAFETY AND DEPARTMENT OF HOMELAND SECURITY HEALTH REVIEW COMMISSION FOR A TERM OF SIX DEPARTMENT OF VETERANS AFFAIRS JULIE L. MYERS, OF KANSAS, TO BE AN ASSISTANT YEARS EXPIRING AUGUST 30, 2012, TO WHICH POSITION HE WAS APPOINTED DURING THE LAST RECESS OF THE SEN- SECRETARY OF HOMELAND SECURITY. THOMAS E. HARVEY, OF NEW YORK, TO BE AN ASSIST- ATE. JULIE L. MYERS, OF KANSAS, TO BE AN ASSISTANT ANT SECRETARY OF VETERANS AFFAIRS (CONGRES- ARLENE HOLEN, OF THE DISTRICT OF COLUMBIA, TO BE SECRETARY OF HOMELAND SECURITY, TO WHICH POSI- SIONAL AFFAIRS). TION SHE WAS APPOINTED DURING THE LAST RECESS OF A MEMBER OF THE FEDERAL MINE SAFETY AND HEALTH THE SENATE. ELECTION ASSISTANCE COMMISSION REVIEW COMMISSION FOR A TERM OF SIX YEARS EXPIR- GREGORY B. CADE, OF VIRGINIA, TO BE ADMINIS- ING AUGUST 30, 2010. CAROLINE C. HUNTER, OF FLORIDA, TO BE A MEMBER TRATOR OF THE UNITED STATES FIRE ADMINISTRATION, OF THE ELECTION ASSISTANCE COMMISSION FOR A FOREIGN CLAIMS SETTLEMENT COMMISSION DEPARTMENT OF HOMELAND SECURITY. TERM EXPIRING DECEMBER 12, 2009. DAVID B. RIVKIN, JR., OF VIRGINIA, TO BE A MEMBER DEPARTMENT OF HOUSING AND URBAN ROSEMARY E. RODRIGUEZ, OF COLORADO, TO BE A OF THE FOREIGN CLAIMS SETTLEMENT COMMISSION OF DEVELOPMENT MEMBER OF THE ELECTION ASSISTANCE COMMISSION THE UNITED STATES FOR THE TERM EXPIRING SEP- FOR THE REMAINDER OF THE TERM EXPIRING DECEM- TEMBER 30, 2007. SCOTT A. KELLER, OF FLORIDA, TO BE AN ASSISTANT BER 12, 2007. SECRETARY OF HOUSING AND URBAN DEVELOPMENT. INTER-AMERICAN FOUNDATION ENVIRONMENTAL PROTECTION AGENCY DEPARTMENT OF JUSTICE ADOLFO A. FRANCO, OF VIRGINIA, TO BE A MEMBER OF ROGER ROMULUS MARTELLA, JR., OF VIRGINIA, TO BE THE BOARD OF DIRECTORS OF THE INTER-AMERICAN EARL CRUZ AGUIGUI, OF GUAM, TO BE UNITED STATES AN ASSISTANT ADMINISTRATOR OF THE ENVIRON- FOUNDATION FOR A TERM EXPIRING SEPTEMBER 20, 2008. MARSHAL FOR THE DISTRICT OF GUAM AND CONCUR- MENTAL PROTECTION AGENCY. ROGER W. WALLACE, OF TEXAS, TO BE A MEMBER OF RENTLY UNITED STATES MARSHAL FOR THE DISTRICT ALEX A. BEEHLER, OF MARYLAND, TO BE INSPECTOR THE BOARD OF DIRECTORS OF THE INTER-AMERICAN OF THE NORTHERN MARIANA ISLANDS FOR THE TERM GENERAL, ENVIRONMENTAL PROTECTION AGENCY. FOUNDATION FOR A TERM EXPIRING OCTOBER 6, 2008. OF FOUR YEARS. WILLIAM LUDWIG WEHRUM, JR., OF TENNESSEE, TO BE HECTOR E. MORALES, OF TEXAS, TO BE A MEMBER OF ALICE S. FISHER, OF VIRGINIA, TO BE AN ASSISTANT AN ASSISTANT ADMINISTRATOR OF THE ENVIRON- THE BOARD OF DIRECTORS OF THE INTER-AMERICAN ATTORNEY GENERAL. MENTAL PROTECTION AGENCY. FOUNDATION FOR A TERM EXPIRING SEPTEMBER 20, 2010. PHILLIP J. GREEN, OF ILLINOIS, TO BE UNITED STATES ATTORNEY FOR THE SOUTHERN DISTRICT OF ILLINOIS EQUAL EMPLOYMENT OPPORTUNITY COMMISSION INTERNATIONAL MONETARY FUND FOR THE TERM OF FOUR YEARS. DAVID PALMER, OF MARYLAND, TO BE A MEMBER OF MARGRETHE LUNDSAGER, OF VIRGINIA, TO BE UNITED WILLIAM W. MERCER, OF MONTANA, TO BE ASSOCIATE THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION STATES EXECUTIVE DIRECTOR OF THE INTERNATIONAL ATTORNEY GENERAL. FOR A TERM EXPIRING JULY 1, 2011. MONETARY FUND FOR A TERM OF TWO YEARS. JOHN ROBERTS HACKMAN, OF VIRGINIA, TO BE UNITED STATES MARSHAL FOR THE EASTERN DISTRICT OF VIR- EXECUTIVE OFFICE OF THE PRESIDENT METROPOLITAN WASHINGTON AIRPORTS GINIA FOR THE TERM OF FOUR YEARS. AUTHORITY STEVEN G. BRADBURY, OF MARYLAND, TO BE AN AS- BENJAMIN A. POWELL, OF FLORIDA, TO BE GENERAL SISTANT ATTORNEY GENERAL. COUNSEL OF THE OFFICE OF THE DIRECTOR OF NA- CHARLES DARWIN SNELLING, OF PENNSYLVANIA, TO TIONAL INTELLIGENCE, TO WHICH POSITION HE WAS AP- BE A MEMBER OF THE BOARD OF DIRECTORS OF THE DEPARTMENT OF LABOR POINTED DURING THE LAST RECESS OF THE SENATE. METROPOLITAN WASHINGTON AIRPORTS AUTHORITY SUSAN E. DUDLEY, OF VIRGINIA, TO BE ADMINIS- FOR A TERM EXPIRING MAY 30, 2012. PAUL DE CAMP, OF VIRGINIA, TO BE ADMINISTRATOR TRATOR OF THE OFFICE OF INFORMATION AND REGU- OF THE WAGE AND HOUR DIVISION, DEPARTMENT OF LATORY AFFAIRS, OFFICE OF MANAGEMENT AND BUDG- NATIONAL FOUNDATION ON THE ARTS AND THE LABOR. ET. HUMANITIES RICHARD STICKLER, OF WEST VIRGINIA, TO BE ASSIST- JAMES F.X. O’GARA, OF PENNSYLVANIA, TO BE DEPUTY ANT SECRETARY OF LABOR FOR MINE SAFETY AND DIRECTOR FOR SUPPLY REDUCTION, OFFICE OF NA- ALLEN C. GUELZO, OF PENNSYLVANIA, TO BE A MEM- HEALTH, TO WHICH POSITION HE WAS APPOINTED DUR- TIONAL DRUG CONTROL POLICY. BER OF THE NATIONAL COUNCIL ON THE HUMANITIES ING THE LAST RECESS OF THE SENATE. FOR THE REMAINDER OF THE TERM EXPIRING JANUARY EXPORT-IMPORT BANK OF THE UNITED STATES 26, 2006. DEPARTMENT OF STATE MICHAEL W. TANKERSLEY, OF TEXAS, TO BE INSPEC- NATIONAL INSTITUTE FOR LITERACY C. BOYDEN GRAY, OF THE DISTRICT OF COLUMBIA, TO TOR GENERAL, EXPORT-IMPORT BANK. BE REPRESENTATIVE OF THE UNITED STATES OF AMER- PATRICIA MATHES, OF TEXAS, TO BE A MEMBER OF ICA TO THE EUROPEAN UNION, WITH THE RANK AND STA- FEDERAL ELECTION COMMISSION THE NATIONAL INSTITUTE FOR LITERACY ADVISORY TUS OF AMBASSADOR EXTRAORDINARY AND PLENI- BOARD FOR A TERM EXPIRING NOVEMBER 25, 2007. POTENTIARY. DAVID M. MASON, OF VIRGINIA, TO BE A MEMBER OF NATIONAL LABOR RELATIONS BOARD ELLEN R. SAUERBREY, OF MARYLAND, TO BE AN AS- THE FEDERAL ELECTION COMMISSION FOR A TERM EX- PIRING APRIL 30, 2009. SISTANT SECRETARY OF STATE (POPULATION, REFU- DENNIS P. WALSH, OF MARYLAND, TO BE A MEMBER OF STEVEN T. WALTHER, OF NEVADA, TO BE A MEMBER OF GEES, AND MIGRATION). THE NATIONAL LABOR RELATIONS BOARD FOR THE THE FEDERAL ELECTION COMMISSION FOR A TERM EX- ELLEN R. SAUERBREY, OF MARYLAND, TO BE AN AS- TERM OF FIVE YEARS EXPIRING DECEMBER 16, 2009. PIRING APRIL 30, 2009. SISTANT SECRETARY OF STATE (POPULATION, REFU- PETER N. KIRSANOW, OF OHIO, TO BE A MEMBER OF HANS VON SPAKOVSKY, OF GEORGIA, TO BE A MEMBER GEES, AND MIGRATION), TO WHICH POSITION SHE WAS THE NATIONAL LABOR RELATIONS BOARD FOR THE OF THE FEDERAL ELECTION COMMISSION FOR A TERM APPOINTED DURING THE LAST RECESS OF THE SENATE. TERM OF FIVE YEARS EXPIRING AUGUST 27, 2008. EXPIRING APRIL 30, 2011. C. BOYDEN GRAY, OF THE DISTRICT OF COLUMBIA, TO DENNIS P. WALSH, OF MARYLAND, TO BE A MEMBER OF ROBERT D. LENHARD, OF MARYLAND, TO BE A MEMBER BE REPRESENTATIVE OF THE UNITED STATES OF AMER- THE NATIONAL LABOR RELATIONS BOARD FOR THE OF THE FEDERAL ELECTION COMMISSION FOR A TERM ICA TO THE EUROPEAN UNION, WITH THE RANK AND STA- TERM OF FIVE YEARS EXPIRING DECEMBER 16, 2009, TO EXPIRING APRIL 30, 2011. TUS OF AMBASSADOR EXTRAORDINARY AND PLENI- WHICH POSITION HE WAS APPOINTED DURING THE LAST STEVEN T. WALTHER, OF NEVADA, TO BE A MEMBER OF POTENTIARY, TO WHICH POSITION HE WAS APPOINTED RECESS OF THE SENATE. THE FEDERAL ELECTION COMMISSION FOR A TERM EX- DURING THE LAST RECESS OF THE SENATE. PETER N. KIRSANOW, OF OHIO, TO BE A MEMBER OF PIRING APRIL 30, 2009, TO WHICH POSITION HE WAS AP- DAWN M. LIBERI, OF NEW YORK, A CAREER MEMBER OF THE NATIONAL LABOR RELATIONS BOARD FOR THE POINTED DURING THE LAST RECESS OF THE SENATE. THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- TERM OF FIVE YEARS EXPIRING AUGUST 27, 2008, TO HANS VON SPAKOVSKY, OF GEORGIA, TO BE A MEMBER COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND WHICH POSITION HE WAS APPOINTED DURING THE LAST OF THE FEDERAL ELECTION COMMISSION FOR A TERM PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA RECESS OF THE SENATE. TO THE ISLAMIC REPUBLIC OF MAURITANIA. EXPIRING APRIL 30, 2011, TO WHICH POSITION HE WAS AP- RICHARD E. HOAGLAND, OF THE DISTRICT OF COLUM- POINTED DURING THE LAST RECESS OF THE SENATE. NATIONAL MEDIATION BOARD ROBERT D. LENHARD, OF MARYLAND, TO BE A MEMBER BIA, A CAREER MEMBER OF THE SENIOR FOREIGN SERV- PETER W. TREDICK, OF CALIFORNIA, TO BE A MEMBER ICE, CLASS OF MINISTER-COUNSELOR, TO BE AMBAS- OF THE FEDERAL ELECTION COMMISSION FOR A TERM EXPIRING APRIL 30, 2011, TO WHICH POSITION HE WAS AP- OF THE NATIONAL MEDIATION BOARD FOR A TERM EX- SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF PIRING JULY 1, 2009. THE UNITED STATES OF AMERICA TO THE REPUBLIC OF POINTED DURING THE LAST RECESS OF THE SENATE. ARMENIA. FEDERAL INSURANCE TRUST FUNDS NATIONAL SECURITY EDUCATION BOARD CECIL E. FLOYD, OF SOUTH CAROLINA, TO BE AN AL- TERNATE REPRESENTATIVE OF THE UNITED STATES OF JOHN L. PALMER, OF NEW YORK, TO BE A MEMBER OF ANDREW J. MCKENNA, JR., OF ILLINOIS, TO BE A MEM- AMERICA TO THE SIXTY-FIRST SESSION OF THE GEN- THE BOARD OF TRUSTEES OF THE FEDERAL SUPPLE- BER OF THE NATIONAL SECURITY EDUCATION BOARD ERAL ASSEMBLY OF THE UNITED NATIONS. MENTARY MEDICAL INSURANCE TRUST FUND FOR A FOR A TERM OF FOUR YEARS. JOHN ROBERT BOLTON, OF MARYLAND, TO BE THE REP- TERM OF FOUR YEARS. REFORM BOARD (AMTRAK) RESENTATIVE OF THE UNITED STATES OF AMERICA TO JOHN L. PALMER, OF NEW YORK, TO BE A MEMBER OF THE UNITED NATIONS, WITH THE RANK AND STATUS OF THE BOARD OF TRUSTEES OF THE FEDERAL HOSPITAL FLOYD HALL, OF NEW JERSEY, TO BE A MEMBER OF AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY, INSURANCE TRUST FUND FOR A TERM OF FOUR YEARS. THE REFORM BOARD (AMTRAK) FOR A TERM OF FIVE AND THE REPRESENTATIVE OF THE UNITED STATES OF THOMAS R. SAVING, OF TEXAS, TO BE A MEMBER OF YEARS. AMERICA IN THE SECURITY COUNCIL OF THE UNITED NA- THE BOARD OF TRUSTEES OF THE FEDERAL HOSPITAL SOCIAL SECURITY ADMINISTRATION TIONS. INSURANCE TRUST FUND FOR A TERM OF FOUR YEARS. JOHN ROBERT BOLTON, OF MARYLAND, TO BE REP- JOHN L. PALMER, OF NEW YORK, TO BE A MEMBER OF MICHAEL J. ASTRUE, OF MASSACHUSETTS, TO BE COM- RESENTATIVE OF THE UNITED STATES OF AMERICA TO THE BOARD OF TRUSTEES OF THE FEDERAL OLD-AGE MISSIONER OF SOCIAL SECURITY FOR A TERM EXPIRING THE SESSIONS OF THE GENERAL ASSEMBLY OF THE AND SURVIVORS INSURANCE TRUST FUND AND THE FED- JANUARY 19, 2013.

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ANDREW G. BIGGS, OF NEW YORK, TO BE DEPUTY COM- NORMAN RANDY SMITH, OF IDAHO, TO BE UNITED MISSIONER OF SOCIAL SECURITY FOR THE REMAINDER STATES CIRCUIT JUDGE FOR THE NINTH CIRCUIT. DISCHARGED NOMINATIONS OF THE TERM EXPIRING JANUARY 19, 2007. MICHAEL BRUNSON WALLACE, OF MISSISSIPPI, TO BE ANDREW G. BIGGS, OF NEW YORK, TO BE DEPUTY COM- UNITED STATES CIRCUIT JUDGE FOR THE FIFTH CIR- The Senate Committee on the Judici- MISSIONER OF SOCIAL SECURITY FOR A TERM EXPIRING CUIT. JANUARY 19, 2013. HEIDI M. PASICHOW, OF THE DISTRICT OF COLUMBIA, ary was discharged from further con- JEFFREY ROBERT BROWN, OF ILLINOIS, TO BE A MEM- TO BE AN ASSOCIATE JUDGE OF THE SUPERIOR COURT sideration of the following nomination BER OF THE SOCIAL SECURITY ADVISORY BOARD FOR A OF THE DISTRICT OF COLUMBIA FOR THE TERM OF FIF- TERM EXPIRING SEPTEMBER 30, 2008, TO WHICH POSITION TEEN YEARS. and the nomination was confirmed: HE WAS APPOINTED DURING THE LAST RECESS OF THE FREDERICK J. KAPALA, OF ILLINOIS, TO BE UNITED SENATE. STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT RACHEL K. PAULOSE, OF MINNESOTA, TO BE UNITED STATES ATTORNEY FOR THE DISTRICT OF MINNESOTA THE JUDICIARY OF ILLINOIS. THOMAS ALVIN FARR, OF NORTH CAROLINA, TO BE FOR THE TERM OF FOUR YEARS. CAROL A. DALTON, OF THE DISTRICT OF COLUMBIA, TO UNITED STATES DISTRICT JUDGE FOR THE EASTERN BE AN ASSOCIATE JUDGE OF THE SUPERIOR COURT OF DISTRICT OF NORTH CAROLINA. The Senate Committee on Homeland THE DISTRICT OF COLUMBIA FOR THE TERM OF FIFTEEN YEARS. UNITED STATES AGENCY FOR INTERNATIONAL Security and Governmental Affairs was VANESSA LYNNE BRYANT, OF CONNECTICUT, TO BE DEVELOPMENT discharged from further consideration UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF CONNECTICUT. JAMES R. KUNDER, OF VIRGINIA, TO BE DEPUTY AD- of the following nomination and the S. PAMELA GRAY, OF THE DISTRICT OF COLUMBIA, TO MINISTRATOR OF THE UNITED STATES AGENCY FOR BE AN ASSOCIATE JUDGE OF THE SUPERIOR COURT OF INTERNATIONAL DEVELOPMENT. nomination was confirmed: KATHERINE ALMQUIST, OF VIRGINIA, TO BE AN AS- THE DISTRICT OF COLUMBIA FOR THE TERM OF FIFTEEN PAUL A. SCHNEIDER, OF MARYLAND, TO BE UNDER SISTANT ADMINISTRATOR OF THE UNITED STATES YEARS. SECRETARY FOR MANAGEMENT, DEPARTMENT OF AGENCY FOR INTERNATIONAL DEVELOPMENT. PHILIP S. GUTIERREZ, OF CALIFORNIA, TO BE UNITED HOMELAND SECURITY. STATES DISTRICT JUDGE FOR THE CENTRAL DISTRICT UNITED STATES INSTITUTE OF PEACE OF CALIFORNIA. The Senate Committee on Foreign VALERIE L. BAKER, OF CALIFORNIA, TO BE UNITED RON SILVER, OF NEW YORK, TO BE A MEMBER OF THE STATES DISTRICT JUDGE FOR THE CENTRAL DISTRICT BOARD OF DIRECTORS OF THE UNITED STATES INSTI- Relations was discharged from further OF CALIFORNIA. TUTE OF PEACE FOR A TERM EXPIRING JANUARY 19, 2009. MARCIA MORALES HOWARD, OF FLORIDA, TO BE JUDY VAN REST, OF VIRGINIA, TO BE A MEMBER OF consideration of the following nomina- UNITED STATES DISTRICT JUDGE FOR THE MIDDLE DIS- THE BOARD OF DIRECTORS OF THE UNITED STATES IN- tions and the nominations were con- TRICT OF FLORIDA. STITUTE OF PEACE FOR A TERM EXPIRING JANUARY 19, LESLIE SOUTHWICK, OF MISSISSIPPI, TO BE UNITED 2009. firmed: STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT OF MISSISSIPPI. UNITED STATES INTERNATIONAL TRADE FOREIGN SERVICE NOMINATIONS BEGINNING WITH GREGORY KENT FRIZZELL, OF OKLAHOMA, TO BE COMMISSION WILLIAM R. BROWNFIELD AND ENDING WITH DAVID M. UNITED STATES DISTRICT JUDGE FOR THE NORTHERN YEUTTER, WHICH NOMINATIONS WERE RECEIVED BY THE DISTRICT OF OKLAHOMA. DEAN A. PINKERT, OF VIRGINIA, TO BE A MEMBER OF SENATE AND APPEARED IN THE CONGRESSIONAL LISA GODBEY WOOD, OF GEORGIA, TO BE UNITED THE UNITED STATES INTERNATIONAL TRADE COMMIS- RECORD ON SEPTEMBER 28, 2006. STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT SION FOR THE TERM EXPIRING DECEMBER 16, 2015. FOREIGN SERVICE NOMINATIONS BEGINNING WITH OF GEORGIA. IRVING A. WILLIAMSON, OF NEW YORK, TO BE A MEM- JAMES A. JIMENEZ AND ENDING WITH MIREILLE L. DEBRA ANN LIVINGSTON, OF NEW YORK, TO BE UNITED BER OF THE UNITED STATES INTERNATIONAL TRADE ZIESENISS, WHICH NOMINATIONS WERE RECEIVED BY STATES CIRCUIT JUDGE FOR THE SECOND CIRCUIT. COMMISSION FOR THE TERM EXPIRING JUNE 16, 2014. THE SENATE AND APPEARED IN THE CONGRESSIONAL RAYMOND M. KETHLEDGE, OF MICHIGAN, TO BE RECORD ON SEPTEMBER 29, 2006. UNITED STATES CIRCUIT JUDGE FOR THE SIXTH CIR- UNITED STATES POSTAL SERVICE FOREIGN SERVICE NOMINATIONS BEGINNING WITH CUIT. ELLEN C. WILLIAMS, OF KENTUCKY, TO BE A GOV- LAURIE JEANNE MEININGER AND ENDING WITH MELISSA STEPHEN JOSEPH MURPHY III, OF MICHIGAN, TO BE ERNOR OF THE UNITED STATES POSTAL SERVICE FOR A S. ZADNIK, WHICH NOMINATIONS WERE RECEIVED BY UNITED STATES CIRCUIT JUDGE FOR THE SIXTH CIR- THE SENATE AND APPEARED IN THE CONGRESSIONAL CUIT. TERM EXPIRING DECEMBER 8, 2016. RECORD ON NOVEMBER 13, 2006. JOHN PRESTON BAILEY, OF WEST VIRGINIA, TO BE UNITED STATES SENTENCING COMMISSION UNITED STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT OF WEST VIRGINIA. DABNEY LANGHORNE FRIEDRICH, OF VIRGINIA, TO BE The Senate Committee on Com- MARY O. DONOHUE, OF NEW YORK, TO BE UNITED A MEMBER OF THE UNITED STATES SENTENCING COM- merce, Science, and Transportation STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT MISSION FOR THE REMAINDER OF THE TERM EXPIRING OF NEW YORK. OCTOBER 31, 2009. was discharged from further consider- JOHN ALFRED JARVEY, OF IOWA, TO BE UNITED BERYL A. HOWELL, OF THE DISTRICT OF COLUMBIA, TO STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT BE A MEMBER OF THE UNITED STATES SENTENCING ation of the following nominations and OF IOWA. COMMISSION FOR A TERM EXPIRING OCTOBER 31, 2011. the nominations were confirmed: ROBERT JAMES JONKER, OF MICHIGAN, TO BE UNITED JOHN R. STEER, OF VIRGINIA, TO BE A MEMBER OF THE STATES DISTRICT JUDGE FOR THE WESTERN DISTRICT UNITED STATES SENTENCING COMMISSION FOR A TERM STEVEN R. CHEALANDER, OF TEXAS, TO BE A MEMBER OF MICHIGAN. EXPIRING OCTOBER 31, 2011. OF THE NATIONAL TRANSPORTATION SAFETY BOARD PAUL LEWIS MALONEY, OF MICHIGAN, TO BE UNITED FOR THE REMAINDER OF THE TERM EXPIRING DECEM- STATES DISTRICT JUDGE FOR THE WESTERN DISTRICT IN THE AIR FORCE BER 31, 2007. OF MICHIGAN. AIR FORCE NOMINATION OF COLONEL LYN D. SHER- COAST GUARD NOMINATION OF REAR ADM. (SELECT) JANET T. NEFF, OF MICHIGAN, TO BE UNITED STATES LOCK TO BE BRIGADIER GENERAL. CYNTHIA A. COOGAN TO BE REAR ADMIRAL (LOWER DISTRICT JUDGE FOR THE WESTERN DISTRICT OF MICHI- HALF). GAN. IN THE ARMY NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRA- SARA ELIZABETH LIOI, OF OHIO, TO BE UNITED STATES TION NOMINATION OF RAYMOND C. SLAGLE TO BE CAP- DISTRICT JUDGE FOR THE NORTHERN DISTRICT OF OHIO. ARMY NOMINATION OF COL. MARC L. WARREN TO BE TAIN. NORA BARRY FISCHER, OF PENNSYLVANIA, TO BE BRIGADIER GENERAL. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRA- UNITED STATES DISTRICT JUDGE FOR THE WESTERN ARMY NOMINATION OF COL. KENNY C. MONTOYA TO BE TION NOMINATIONS BEGINNING WITH CARYN M. ARNOLD DISTRICT OF PENNSYLVANIA. BRIGADIER GENERAL. AND ENDING WITH PHOEBE A. WOODWORTH, WHICH ROSLYNN RENEE MAUSKOPF, OF NEW YORK, TO BE ARMY NOMINATION OF COL. ERVIN PEARSON TO BE NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- UNITED STATES DISTRICT JUDGE FOR THE EASTERN BRIGADIER GENERAL. PEARED IN THE CONGRESSIONAL RECORD ON SEP- DISTRICT OF NEW YORK. ARMY NOMINATION OF COLONEL CURTIS D. POTTS TO TEMBER 29, 2006. LIAM O’GRADY, OF VIRGINIA, TO BE UNITED STATES BE BRIGADIER GENERAL. CHARLES E. DORKEY III, OF NEW YORK, TO BE A MEM- DISTRICT JUDGE FOR THE EASTERN DISTRICT OF VIR- ARMY NOMINATION OF COL. GREGORY E. COUCH TO BE BER OF THE ADVISORY BOARD OF THE SAINT LAWRENCE GINIA. BRIGADIER GENERAL. SEAWAY DEVELOPMENT CORPORATION. LAWRENCE JOSEPH O’NEILL, OF CALIFORNIA, TO BE ARMY NOMINATION OF BRIG. GEN. CARROLL F. COAST GUARD NOMINATION OF GREG E. VERSAW TO BE UNITED STATES DISTRICT JUDGE FOR THE EASTERN POLLETT TO BE MAJOR GENERAL. LIEUTENANT. DISTRICT OF CALIFORNIA. ARMY NOMINATION OF COL. JAMES T. COOK TO BE COAST GUARD NOMINATIONS BEGINNING WITH RI- HALIL SULEYMAN OZERDEN, OF MISSISSIPPI, TO BE BRIGADIER GENERAL. CARDO M. ALONSO AND ENDING WITH ANDREW J. UNITED STATES DISTRICT JUDGE FOR THE SOUTHERN ARMY NOMINATION OF BRIG. GEN. WILLIAM C. WRIGHT, WHICH NOMINATIONS WERE RECEIVED BY THE DISTRICT OF MISSISSIPPI. KIRKLAND TO BE MAJOR GENERAL. SENATE AND APPEARED IN THE CONGRESSIONAL OTIS D. WRIGHT II, OF CALIFORNIA, TO BE UNITED RECORD ON NOVEMBER 14, 2006. STATES DISTRICT JUDGE FOR THE CENTRAL DISTRICT IN THE MARINE CORPS COAST GUARD NOMINATIONS BEGINNING WITH ANDREA OF CALIFORNIA. MARINE CORPS NOMINATION OF BRIG. GEN. JAMES L. L. CONTRATTO AND ENDING WITH STEPHEN B. NYE, GEORGE H. WU, OF CALIFORNIA, TO BE UNITED STATES WILLIAMS TO BE MAJOR GENERAL. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE DISTRICT JUDGE FOR THE CENTRAL DISTRICT OF CALI- MARINE CORPS NOMINATION OF COL. TRACY L. MORK AND APPEARED IN THE CONGRESSIONAL RECORD ON NO- FORNIA. TO BE BRIGADIER GENERAL. THOMAS M. HARDIMAN, OF PENNSYLVANIA, TO BE VEMBER 15, 2006. UNITED STATES CIRCUIT JUDGE FOR THE THIRD CIR- IN THE ARMY CUIT. The Senate Committee on Agri- WILLIAM LINDSAY OSTEEN, JR., OF NORTH CAROLINA, ARMY NOMINATION OF JAMES E. OHARE TO BE COLO- TO BE UNITED STATES DISTRICT JUDGE FOR THE MID- NEL. culture, Nutrition, and Forestry was DLE DISTRICT OF NORTH CAROLINA. ARMY NOMINATION OF GRAHAM A. CASTILLO TO BE discharged from further consideration MARTIN KARL REIDINGER, OF NORTH CAROLINA, TO BE COLONEL. UNITED STATES DISTRICT JUDGE FOR THE WESTERN ARMY NOMINATION OF ROBERT R. DAVENPORT TO BE of the following nominations and the DISTRICT OF NORTH CAROLINA. COLONEL. nominations were confirmed: THOMAS D. SCHROEDER, OF NORTH CAROLINA, TO BE ARMY NOMINATION OF LESLIE N. SWARTZ TO BE COLO- UNITED STATES DISTRICT JUDGE FOR THE MIDDLE DIS- NEL. LELAND A. STROM, OF ILLINOIS, TO BE A MEMBER OF TRICT OF NORTH CAROLINA. ARMY NOMINATION OF JAMES B. SAYERS TO BE COLO- THE FARM CREDIT ADMINISTRATION BOARD, FARM TERRENCE W. BOYLE, OF NORTH CAROLINA, TO BE NEL. CREDIT ADMINISTRATION, FOR A TERM EXPIRING OCTO- UNITED STATES CIRCUIT JUDGE FOR THE FOURTH CIR- FOREIGN SERVICE BER 13, 2012. CUIT. MARK EVERETT KEENUM, OF MISSISSIPPI, TO BE WILLIAM JAMES HAYNES II, OF VIRGINIA, TO BE FOREIGN SERVICE NOMINATION OF JAMES STEPHEN- UNDER SECRETARY OF AGRICULTURE FOR FARM AND UNITED STATES CIRCUIT JUDGE FOR THE FOURTH CIR- SON. FOREIGN AGRICULTURAL SERVICES. CUIT. FOREIGN SERVICE NOMINATION OF EDGAR FULTON, JR. MARK EVERETT KEENUM, OF MISSISSIPPI, TO BE A PETER D. KEISLER, OF MARYLAND, TO BE UNITED MEMBER OF THE BOARD OF DIRECTORS OF THE COM- STATES CIRCUIT JUDGE FOR THE DISTRICT OF COLUM- IN THE MARINE CORPS MODITY CREDIT CORPORATION. BIA CIRCUIT. WILLIAM GERRY MYERS III, OF IDAHO, TO BE UNITED MARINE CORPS NOMINATION OF KURT E. DIEHL TO BE STATES CIRCUIT JUDGE FOR THE NINTH CIRCUIT. COLONEL. The Senate Committee on Health, JAMES EDWARD ROGAN, OF CALIFORNIA, TO BE MARINE CORPS NOMINATION OF ROBERT W. LAATSCH Education, Labor, and Pensions was TO BE LIEUTENANT COLONEL. UNITED STATES DISTRICT JUDGE FOR THE CENTRAL discharged from further consideration DISTRICT OF CALIFORNIA. IN THE NAVY BENJAMIN HALE SETTLE, OF WASHINGTON, TO BE of the following nominations and the UNITED STATES DISTRICT JUDGE FOR THE WESTERN NAVY NOMINATION OF JAMES R. CARLSON II TO BE DISTRICT OF WASHINGTON. COMMANDER. nominations were confirmed:

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BLANCA E. ENRIQUEZ, OF TEXAS, TO BE A MEMBER OF UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL THE ABOVE NOMINATIONS WERE APPROVED SUBJECT THE NATIONAL INSTITUTE FOR LITERACY ADVISORY ENVIRONMENTAL POLICY FOUNDATION FOR A TERM EX- TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- BOARD FOR A TERM EXPIRING JANUARY 30, 2009. PIRING OCTOBER 6, 2008. QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY CONSTITUTED COMMITTEE OF THE SENATE. GERALD WALPIN, OF NEW YORK, TO BE INSPECTOR MORRIS K. UDALL SCHOLARSHIP AND EXCEL- GENERAL, CORPORATION FOR NATIONAL AND COMMU- IN THE COAST GUARD NITY SERVICE. LENCE IN NATIONAL ENVIRONMENTAL POLICY SARA ALICIA TUCKER, OF CALIFORNIA, TO BE UNDER FOUNDATION THE FOLLOWING NAMED OFFICER FOR APPOINTMENT SECRETARY OF EDUCATION. AS THE DIRECTOR OF THE COAST GUARD RESERVE PUR- DANA GIOIA, OF CALIFORNIA, TO BE CHAIRPERSON OF MICHAEL BUTLER, OF TENNESSEE, TO BE A MEMBER SUANT TO TITLE 14, U.S.C., SECTION 53 IN THE GRADE IN- THE NATIONAL ENDOWMENT FOR THE ARTS FOR A TERM OF THE BOARD OF TRUSTEES OF THE MORRIS K. UDALL DICATED: SCHOLARSHIP AND EXCELLENCE IN NATIONAL ENVIRON- OF FOUR YEARS. To be rear admiral (lower half) PUBLIC HEALTH SERVICE NOMINATIONS BEGINNING MENTAL POLICY FOUNDATION FOR A TERM EXPIRING WITH CHRISTOPHER J. BENGSON AND ENDING WITH OCTOBER 6, 2008. REAR ADM. (SELECT) CYNTHIA A. COOGAN CHAYANIN MUSIKASINTHORN, WHICH NOMINATIONS ENVIRONMENTAL PROTECTION AGENCY WERE RECEIVED BY THE SENATE AND APPEARED IN THE COMMODITY CREDIT CORPORATION CONGRESSIONAL RECORD ON SEPTEMBER 29, 2006. MOLLY A. O’NEILL, OF VIRGINIA, TO BE AN ASSISTANT MARK EVERETT KEENUM, OF MISSISSIPPI, TO BE A PUBLIC HEALTH SERVICE NOMINATION OF LEAH HILL ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION MEMBER OF THE BOARD OF DIRECTORS OF THE COM- TO BE ASSISTANT SURGEON. AGENCY. MODITY CREDIT CORPORATION. WILLIAM FRANCIS PRICE, JR., OF CALIFORNIA, TO BE A MEMBER OF THE NATIONAL COUNCIL ON THE ARTS FOR NATIONAL MEDIATION BOARD COMMODITY FUTURES TRADING COMMISSION A TERM EXPIRING SEPTEMBER 3, 2012. HARRY R. HOGLANDER, OF MASSACHUSETTS, TO BE A JILL E. SOMMERS, OF KANSAS, TO BE A COMMISSIONER ROBERT BRETLEY LOTT, OF LOUISIANA, TO BE A MEM- MEMBER OF THE NATIONAL MEDIATION BOARD FOR A OF THE COMMODITY FUTURES TRADING COMMISSION BER OF THE NATIONAL COUNCIL ON THE ARTS FOR A TERM EXPIRING JULY 1, 2008. FOR THE REMAINDER OF THE TERM EXPIRING APRIL 13, TERM EXPIRING SEPTEMBER 3, 2012. 2009. CHARLOTTE P. KESSLER, OF OHIO, TO BE A MEMBER OF MORRIS K. UDALL SCHOLARSHIP AND EXCEL- THE NATIONAL COUNCIL ON THE ARTS FOR A TERM EX- LENCE IN NATIONAL ENVIRONMENTAL POLICY CORPORATION FOR NATIONAL AND COMMUNITY PIRING SEPTEMBER 3, 2012. SERVICE JOAN ISRAELITE, OF MISSOURI, TO BE A MEMBER OF FOUNDATION THE NATIONAL COUNCIL ON THE ARTS FOR A TERM EX- STEPHEN M. PRESCOTT, OF OKLAHOMA, TO BE A MEM- GERALD WALPIN, OF NEW YORK, TO BE INSPECTOR PIRING SEPTEMBER 3, 2012. BER OF THE BOARD OF TRUSTEES OF THE MORRIS K. GENERAL, CORPORATION FOR NATIONAL AND COMMU- BENJAMIN DONENBERG, OF CALIFORNIA, TO BE A MEM- UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL NITY SERVICE. BER OF THE NATIONAL COUNCIL ON THE ARTS FOR A ENVIRONMENTAL POLICY FOUNDATION FOR A TERM EX- DEPARTMENT OF AGRICULTURE TERM EXPIRING SEPTEMBER 3, 2012. PIRING APRIL 15, 2011. FORESTSTORN HAMILTON, OF NEW YORK, TO BE A ANNE JEANNETTE UDALL, OF NORTH CAROLINA, TO BE MARK EVERETT KEENUM, OF MISSISSIPPI, TO BE MEMBER OF THE NATIONAL COUNCIL ON THE ARTS FOR A MEMBER OF THE BOARD OF TRUSTEES OF THE MORRIS UNDER SECRETARY OF AGRICULTURE FOR FARM AND A TERM EXPIRING SEPTEMBER 3, 2012. K. UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL FOREIGN AGRICULTURAL SERVICES. TERRY L. CLINE, OF OKLAHOMA, TO BE ADMINIS- ENVIRONMENTAL POLICY FOUNDATION FOR A TERM EX- DEPARTMENT OF EDUCATION TRATOR OF THE SUBSTANCE ABUSE AND MENTAL PIRING OCTOBER 6, 2010. HEALTH SERVICES ADMINISTRATION, DEPARTMENT OF SARA ALICIA TUCKER, OF CALIFORNIA, TO BE UNDER HEALTH AND HUMAN SERVICES. DEPARTMENT OF COMMERCE SECRETARY OF EDUCATION. ELIZABETH DOUGHERTY, OF THE DISTRICT OF COLUM- BIA, TO BE A MEMBER OF THE NATIONAL MEDIATION JOHN M. R. KNEUER, OF NEW JERSEY, TO BE ASSIST- DEPARTMENT OF HEALTH AND HUMAN SERVICES BOARD FOR A TERM EXPIRING JULY 1, 2007. ANT SECRETARY OF COMMERCE FOR COMMUNICATIONS ELIZABETH DOUGHERTY, OF THE DISTRICT OF COLUM- AND INFORMATION. TERRY L. CLINE, OF OKLAHOMA, TO BE ADMINIS- TRATOR OF THE SUBSTANCE ABUSE AND MENTAL BIA, TO BE A MEMBER OF THE NATIONAL MEDIATION HARRY S. TRUMAN SCHOLARSHIP FOUNDATION BOARD FOR A TERM EXPIRING JULY 1, 2010. HEALTH SERVICES ADMINISTRATION, DEPARTMENT OF *JOHN PEYTON, OF FLORIDA, TO BE A MEMBER OF THE JOHN PEYTON, OF FLORIDA, TO BE A MEMBER OF THE HEALTH AND HUMAN SERVICES. BOARD OF TRUSTEES OFTHE HARRY S TRUMAN SCHOL- BOARD OF TRUSTEES OF THE HARRY S. TRUMAN SCHOL- DEPARTMENT OF HOMELAND SECURITY ARSHIP FOUNDATION FOR A TERM EXPIRING DECEMBER ARSHIP FOUNDATION FOR A TERM EXPIRING DECEMBER 10, 2011. 10, 2011. PAUL A. SCHNEIDER, OF MARYLAND, TO BE UNDER SECRETARY FOR MANAGEMENT, DEPARTMENT OF The Senate Committee on Homeland UNITED STATES POSTAL SERVICE HOMELAND SECURITY. Security and Governmental Affairs was JAMES H. BILBRAY, OF NEVADA, TO BE A GOVERNOR DEPARTMENT OF JUSTICE discharged from further consideration OF THE UNITED STATES POSTAL SERVICE FOR A TERM EXPIRING DECEMBER 8, 2015. RACHEL K. PAULOSE, OF MINNESOTA, TO BE UNITED of the following nomination and the THURGOOD MARSHALL, JR., OF VIRGINIA, TO BE A GOV- STATES ATTORNEY FOR THE DISTRICT OF MINNESOTA nomination was confirmed: ERNOR OF THE UNITED STATES POSTAL SERVICE FOR A FOR THE TERM OF FOUR YEARS. TERM EXPIRING DECEMBER 8, 2011. DEPARTMENT OF LABOR GERALD WALPIN, OF NEW YORK, TO BE INSPECTOR GENERAL, CORPORATION FOR NATIONAL AND COMMU- POSTAL RATE COMMISSION LEON R. SEQUEIRA, OF VIRGINIA, TO BE AN ASSISTANT NITY SERVICE. DAN GREGORY BLAIR, OF THE DISTRICT OF COLUMBIA, SECRETARY OF LABOR. The Senate Committee on Foreign TO BE A COMMISSIONER OF THE POSTAL RATE COMMIS- FARM CREDIT ADMINISTRATION SION FOR A TERM EXPIRING OCTOBER 14, 2012. Relations was discharged from further LELAND A. STROM, OF ILLINOIS, TO BE A MEMBER OF consideration of the following nomina- SMALL BUSINESS ADMINISTRATION THE FARM CREDIT ADMINISTRATION BOARD, FARM JOVITA CARRANZA, OF ILLINOIS, TO BE DEPUTY AD- CREDIT ADMINISTRATION, FOR A TERM EXPIRING OCTO- tion and the nomination was con- MINISTRATOR OF THE SMALL BUSINESS ADMINISTRA- BER 13, 2012. firmed: TION. NATIONAL FOUNDATION ON THE ARTS AND THE DIANNE I. MOSS, OF COLORADO, TO BE A MEMBER OF MORRIS K. UDALL SCHOLARSHIP AND EXCEL- HUMANITIES THE BOARD OF DIRECTORS OF THE OVERSEAS PRIVATE INVESTMENT CORPORATION FOR A TERM EXPIRING DE- LENCE IN NATIONAL ENVIRONMENTAL POLICY DANA GIOIA, OF CALIFORNIA, TO BE CHAIRPERSON OF CEMBER 17, 2007. FOUNDATION THE NATIONAL ENDOWMENT FOR THE ARTS FOR A TERM OF FOUR YEARS. The Senate Committee on Health, DIANE HUMETEWA, OF ARIZONA, TO BE A MEMBER OF WILLIAM FRANCIS PRICE, JR., OF CALIFORNIA, TO BE A Education, Labor, and Pensions was THE BOARD OF TRUSTEES OF THE MORRIS K. UDALL MEMBER OF THE NATIONAL COUNCIL ON THE ARTS FOR SCHOLARSHIP AND EXCELLENCE IN NATIONAL ENVIRON- A TERM EXPIRING SEPTEMBER 3, 2012. discharged from further consideration MENTAL POLICY FOUNDATION FOR A TERM EXPIRING ROBERT BRETLEY LOTT, OF LOUISIANA, TO BE A MEM- of the following nomination and the AUGUST 25, 2012. BER OF THE NATIONAL COUNCIL ON THE ARTS FOR A ERIC D. EBERHARD, OF WASHINGTON, TO BE A MEMBER TERM EXPIRING SEPTEMBER 3, 2012. nomination was confirmed: OF THE BOARD OF TRUSTEES OF THE MORRIS K. UDALL CHARLOTTE P. KESSLER, OF OHIO, TO BE A MEMBER OF SCHOLARSHIP AND EXCELLENCE IN NATIONAL ENVIRON- THE NATIONAL COUNCIL ON THE ARTS FOR A TERM EX- LEON R. SEQUEIRA, OF VIRGINIA, TO BE AN ASSISTANT MENTAL POLICY FOUNDATION FOR A TERM EXPIRING PIRING SEPTEMBER 3, 2012. SECRETARY OF LABOR. OCTOBER 6, 2012. JOAN ISRAELITE, OF MISSOURI, TO BE A MEMBER OF THE NATIONAL COUNCIL ON THE ARTS FOR A TERM EX- The Senate Committee on Agri- DEPARTMENT OF THE TREASURY PIRING SEPTEMBER 3, 2012. culture, Nutrition, and Forestry was PAUL CHERECWICH, JR., OF UTAH, TO BE A MEMBER OF BENJAMIN DONENBERG, OF CALIFORNIA, TO BE A MEM- discharged from further consideration THE INTERNAL REVENUE SERVICE OVERSIGHT BOARD BER OF THE NATIONAL COUNCIL ON THE ARTS FOR A FOR A TERM EXPIRING SEPTEMBER 14, 2009. TERM EXPIRING SEPTEMBER 3, 2012. of the following nomination and the DEBORAH L. WINCE-SMITH, OF VIRGINIA, TO BE A MEM- FORESTSTORN HAMILTON, OF NEW YORK, TO BE A nomination was confirmed: BER OF THE INTERNAL REVENUE SERVICE OVERSIGHT MEMBER OF THE NATIONAL COUNCIL ON THE ARTS FOR BOARD FOR A TERM EXPIRING SEPTEMBER 14, 2010. A TERM EXPIRING SEPTEMBER 3, 2012. JILL E. SOMMERS, OF KANSAS, TO BE A COMMISSIONER OF THE COMMODITY FUTURES TRADING COMMISSION SOCIAL SECURITY ADMINISTRATION NATIONAL INSTITUTE FOR LITERACY FOR THE REMAINDER OF THE TERM EXPIRING APRIL 13, BLANCA E. ENRIQUEZ, OF TEXAS, TO BE A MEMBER OF 2009. JEFFREY ROBERT BROWN, OF ILLINOIS, TO BE A MEM- BER OF THE SOCIAL SECURITY ADVISORY BOARD FOR A THE NATIONAL INSTITUTE FOR LITERACY ADVISORY *Nominee has committed to respond TERM EXPIRING SEPTEMBER 30, 2008. BOARD FOR A TERM EXPIRING JANUARY 30, 2009. to requests to appear and testify before MARK J. WARSHAWSKY, OF MARYLAND, TO BE A MEM- NATIONAL MEDIATION BOARD BER OF THE SOCIAL SECURITY ADVISORY BOARD FOR A any duly constituted committee of the TERM EXPIRING SEPTEMBER 30, 2012. ELIZABETH DOUGHERTY, OF THE DISTRICT OF COLUM- Senate. DANA K. BILYEU, OF NEVADA, TO BE A MEMBER OF THE BIA, TO BE A MEMBER OF THE NATIONAL MEDIATION SOCIAL SECURITY ADVISORY BOARD FOR A TERM EXPIR- BOARD FOR A TERM EXPIRING JULY 1, 2007. f ING SEPTEMBER 30, 2010. ELIZABETH DOUGHERTY, OF THE DISTRICT OF COLUM- BIA, TO BE A MEMBER OF THE NATIONAL MEDIATION CONFIRMATIONS DEPARTMENT OF THE TREASURY BOARD FOR A TERM EXPIRING JULY 1, 2010. PHILLIP L. SWAGEL, OF MARYLAND, TO BE AN ASSIST- NATIONAL TRANSPORTATION SAFETY BOARD Executive nominations confirmed by ANT SECRETARY OF THE TREASURY. the Senate Friday, December 8, 2006: MICHELE A. DAVIS, OF VIRGINIA, TO BE AN ASSISTANT STEVEN R. CHEALANDER, OF TEXAS, TO BE A MEMBER SECRETARY OF THE TREASURY. OF THE NATIONAL TRANSPORTATION SAFETY BOARD MORRIS K. UDALL SCHOLARSHIP AND EXCEL- ANTHONY W. RYAN, OF MASSACHUSETTS, TO BE AN AS- FOR THE REMAINDER OF THE TERM EXPIRING DECEM- LENCE IN NATIONAL ENVIRONMENTAL POLICY SISTANT SECRETARY OF THE TREASURY. BER 31, 2007. FOUNDATION ROBERT F. HOYT, OF MARYLAND, TO BE GENERAL OVERSEAS PRIVATE INVESTMENT CORPORATION COUNSEL FOR THE DEPARTMENT OF THE TREASURY. D. MICHAEL RAPPOPORT, OF ARIZONA, TO BE A MEM- ERIC SOLOMON, OF NEW JERSEY, TO BE AN ASSISTANT DIANNE I. MOSS, OF COLORADO, TO BE A MEMBER OF BER OF THE BOARD OF TRUSTEES OF THE MORRIS K. SECRETARY OF THE TREASURY. THE BOARD OF DIRECTORS OF THE OVERSEAS PRIVATE

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INVESTMENT CORPORATION FOR A TERM EXPIRING DE- IN THE COAST GUARD ARMY NOMINATIONS BEGINNING WITH NICHOLAS C. CEMBER 17, 2007. BAKRIS AND ENDING WITH ANDREW D. MAGNET, WHICH COAST GUARD NOMINATION OF GREG E. VERSAW TO BE SAINT LAWRENCE SEAWAY DEVELOPMENT NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- LIEUTENANT. PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER CORPORATION COAST GUARD NOMINATIONS BEGINNING WITH RI- 13, 2006. CARDO M. ALONSO AND ENDING WITH ANDREW J. CHARLES E. DORKEY III, OF NEW YORK, TO BE A MEM- ARMY NOMINATIONS BEGINNING WITH DAVID E. GREEN WRIGHT, WHICH NOMINATIONS WERE RECEIVED BY THE BER OF THE ADVISORY BOARD OF THE SAINT LAWRENCE AND ENDING WITH MARTIN L. LADWIG, WHICH NOMINA- SENATE AND APPEARED IN THE CONGRESSIONAL SEAWAY DEVELOPMENT CORPORATION. TIONS WERE RECEIVED BY THE SENATE AND APPEARED RECORD ON NOVEMBER 14, 2006. IN THE CONGRESSIONAL RECORD ON NOVEMBER 13, 2006. COAST GUARD NOMINATIONS BEGINNING WITH ANDREA DEFENSE NUCLEAR FACILITIES SAFETY BOARD ARMY NOMINATIONS BEGINNING WITH MOON H. LEE L. CONTRATTO AND ENDING WITH STEPHEN B. NYE, AND ENDING WITH PHILLIP C. ZINNI, WHICH NOMINA- A.J. EGGENBERGER, OF MONTANA, TO BE A MEMBER OF WHICH NOMINATIONS WERE RECEIVED BY THE SENATE TIONS WERE RECEIVED BY THE SENATE AND APPEARED THE DEFENSE NUCLEAR FACILITIES SAFETY BOARD FOR AND APPEARED IN THE CONGRESSIONAL RECORD ON NO- A TERM EXPIRING OCTOBER 18, 2008. VEMBER 15, 2006. IN THE CONGRESSIONAL RECORD ON NOVEMBER 13, 2006. ARMY NOMINATIONS BEGINNING WITH TERRELL W. THE JUDICIARY FOREIGN SERVICE BLANCHARD AND ENDING WITH ROBERT L. VOGELSANG III, WHICH NOMINATIONS WERE RECEIVED BY THE SEN- KENT A. JORDAN, OF DELAWARE, TO BE UNITED FOREIGN SERVICE NOMINATIONS BEGINNING WITH ATE AND APPEARED IN THE CONGRESSIONAL RECORD STATES CIRCUIT JUDGE FOR THE THIRD CIRCUIT. WILLIAM R. BROWNFIELD AND ENDING WITH DAVID M. MARGARET A. RYAN, OF VIRGINIA, TO BE A JUDGE OF YEUTTER, WHICH NOMINATIONS WERE RECEIVED BY THE ON NOVEMBER 13, 2006. THE UNITED STATES COURT OF APPEALS FOR THE SENATE AND APPEARED IN THE CONGRESSIONAL ARMY NOMINATION OF VICTORIA L. SMITH TO BE ARMED FORCES FOR THE TERM OF FIFTEEN YEARS TO RECORD ON SEPTEMBER 28, 2006. MAJOR. EXPIRE ON THE DATE PRESCRIBED BY LAW. FOREIGN SERVICE NOMINATIONS BEGINNING WITH ARMY NOMINATION OF IRA S. DERRICK TO BE MAJOR. SCOTT WALLACE STUCKY, OF MARYLAND, TO BE A JAMES A. JIMENEZ AND ENDING WITH MIREILLE L. ARMY NOMINATION OF JOSEPH W. BROWN TO BE JUDGE OF THE UNITED STATES COURT OF APPEALS FOR ZIESENISS, WHICH NOMINATIONS WERE RECEIVED BY MAJOR. THE ARMED FORCES FOR THE TERM OF FIFTEEN YEARS THE SENATE AND APPEARED IN THE CONGRESSIONAL ARMY NOMINATION OF REBECCA L. BLANKENSHIP TO TO EXPIRE ON THE DATE PRESCRIBED BY LAW. RECORD ON SEPTEMBER 29, 2006. BE MAJOR. IN THE ARMY FOREIGN SERVICE NOMINATIONS BEGINNING WITH ARMY NOMINATION OF MARK M. KUBA TO BE COLONEL. LAURIE JEANNE MEININGER AND ENDING WITH MELISSA ARMY NOMINATION OF CRAIG H. RHYNE, JR. TO BE THE FOLLOWING ARMY NATIONAL GUARD OF THE S. ZADNIK, WHICH NOMINATIONS WERE RECEIVED BY MAJOR. UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- THE SENATE AND APPEARED IN THE CONGRESSIONAL ARMY NOMINATIONS BEGINNING WITH LORRAINE T. SERVE OF THE ARMY TO THE GRADE INDICATED UNDER RECORD ON NOVEMBER 13, 2006. BREEN AND ENDING WITH THOMAS G. SUTLIVE, WHICH TITLE 10, U.S.C., SECTION 12203: NATIONAL OCEANIC AND ATMOSPHERIC NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- To be brigadier general PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER ADMINISTRATION 13, 2006. COL. THOMAS J. SELLARS NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRA- ARMY NOMINATIONS BEGINNING WITH DEBRA L. TION NOMINATION OF RAYMOND C. SLAGLE TO BE CAP- COHEN AND ENDING WITH KYLE J. ZABLOCKI, WHICH THE FOLLOWING NAMED OFFICER FOR APPOINTMENT NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- IN THE RESERVE OF THE ARMY TO THE GRADE INDI- TAIN. PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER CATED UNDER TITLE 10, U.S.C., SECTION 12203: NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRA- TION NOMINATIONS BEGINNING WITH CARYN M. ARNOLD 14, 2006. To be brigadier general AND ENDING WITH PHOEBE A. WOODWORTH, WHICH ARMY NOMINATIONS BEGINNING WITH NORMAN F. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- ALLEN AND ENDING WITH DARIA P. WOLLSCHLAEGER, COL. DONALD C. LEINS PEARED IN THE CONGRESSIONAL RECORD ON SEP- WHICH NOMINATIONS WERE RECEIVED BY THE SENATE THE FOLLOWING ARMY NATIONAL GUARD OF THE TEMBER 29, 2006. AND APPEARED IN THE CONGRESSIONAL RECORD ON NO- UNITED STATES OFFICERS FOR APPOINTMENT IN THE VEMBER 14, 2006. RESERVE OF THE ARMY TO THE GRADES INDICATED PUBLIC HEALTH SERVICE ARMY NOMINATIONS BEGINNING WITH MICHAEL R. UNDER TITLE 10, U.S.C., SECTION 12203: PUBLIC HEALTH SERVICE NOMINATIONS BEGINNING ABERLE AND ENDING WITH MARC L. ZUFFA, WHICH To be major general WITH CHRISTOPHER J. BENGSON AND ENDING WITH NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- CHAYANIN MUSIKASINTHORN, WHICH NOMINATIONS PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER BRIGADIER GENERAL ROBERT T. BRAY WERE RECEIVED BY THE SENATE AND APPEARED IN THE 14, 2006. BRIGADIER GENERAL RAYMOND W. CARPENTER CONGRESSIONAL RECORD ON SEPTEMBER 29, 2006. ARMY NOMINATIONS BEGINNING WITH ROBIN B. ALLEN BRIGADIER GENERAL HUNTINGTON B. DOWNER, JR. PUBLIC HEALTH SERVICE NOMINATION OF LEAH HILL AND ENDING WITH ARTHUR D. WELLMAN, WHICH NOMI- BRIGADIER GENERAL JAMES W. NUTTALL TO BE ASSISTANT SURGEON. NATIONS WERE RECEIVED BY THE SENATE AND AP- BRIGADIER GENERAL DARREN G. OWENS PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER IN THE AIR FORCE BRIGADIER GENERAL JAMES I. PYLANT 14, 2006. BRIGADIER GENERAL STEVEN D. SAUNDERS AIR FORCE NOMINATION OF JEFFREY C. CARSTENS TO ARMY NOMINATIONS BEGINNING WITH JOHN G. ALVA- BRIGADIER GENERAL RANDAL E. THOMAS BE COLONEL. REZ AND ENDING WITH TRACY O. WYATT, WHICH NOMI- BRIGADIER GENERAL PATRICK D. WILSON AIR FORCE NOMINATION OF STEPHEN R. GERINGER TO NATIONS WERE RECEIVED BY THE SENATE AND AP- To be brigadier general BE LIEUTENANT COLONEL. PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER AIR FORCE NOMINATION OF PAUL M. ROBERTS TO BE 14, 2006. COLONEL ROMA J. AMUNDSON MAJOR. ARMY NOMINATIONS BEGINNING WITH JEFFREY S. COLONEL VIRGINIA G. BARHAM AIR FORCE NOMINATIONS BEGINNING WITH NEVANNA I. ASHLEY AND ENDING WITH THOMAS G. WINTHROP, COLONEL ROLAND L. CANDEE KOICHEFF AND ENDING WITH PERLITA K. TAM, WHICH WHICH NOMINATIONS WERE RECEIVED BY THE SENATE COLONEL ALLEN M. HARRELL NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- AND APPEARED IN THE CONGRESSIONAL RECORD ON NO- COLONEL JAMES A. HOYER PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER VEMBER 14, 2006. COLONEL STEVEN P. HUBER 14, 2006. ARMY NOMINATION OF SHELLY M. TAYLOR TO BE COLONEL RONALD W. HUFF AIR FORCE NOMINATIONS BEGINNING WITH JERZY J. MAJOR. COLONEL DAVID F. IRWIN CHACHAJ AND ENDING WITH GREG GORDON, WHICH ARMY NOMINATIONS BEGINNING WITH OMAR L. COLONEL SCOTT W. JOHNSON NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- HAMADA AND ENDING WITH SETH W. WRIGHT, WHICH COLONEL THEODORE D. JOHNSON PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- COLONEL JEFFERY D. KINARD 15, 2006. PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER COLONEL SCOTT D. LEGWOLD AIR FORCE NOMINATIONS BEGINNING WITH NORMAN B. 15, 2006. COLONEL WALTER E. LIPPINCOTT DIMOND AND ENDING WITH MARK A. DEATON, WHICH COLONEL WILLIAM M. MALOAN NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- IN THE NAVY COLONEL RANDALL R. MARCHI PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER COLONEL CRUZ M. MEDINA 15, 2006. NAVY NOMINATIONS BEGINNING WITH KIMBERLY S. COLONEL RICHARD S. MILLER EVANS AND ENDING WITH JOHN E. LEE III, WHICH NOMI- IN THE ARMY COLONEL STUART C. PIKE NATIONS WERE RECEIVED BY THE SENATE AND AP- COLONEL DANNY K. SPEIGNER ARMY NOMINATION OF WILLIE G. BARNES TO BE COLO- PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER COLONEL STANLEY M. STRICKLEN NEL. 13, 2006. COLONEL MARGARET S. WASHBURN ARMY NOMINATION OF DANIEL P. MC LEMORE TO BE NAVY NOMINATION OF DAVID J. ALLEN TO BE LIEU- COLONEL TONY N. WINGO COLONEL. TENANT COMMANDER. IN THE NAVY ARMY NOMINATIONS BEGINNING WITH JOSEF R. SMITH NAVY NOMINATIONS BEGINNING WITH HARRY T. AND ENDING WITH MICHAEL D. TAYLOR, WHICH NOMINA- WHELAN AND ENDING WITH WILLIAM G. RHEA III, WHICH THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TIONS WERE RECEIVED BY THE SENATE AND APPEARED NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- IN THE UNITED STATES NAVY TO THE GRADE INDICATED IN THE CONGRESSIONAL RECORD ON NOVEMBER 13, 2006. PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND ARMY NOMINATIONS BEGINNING WITH ROBERT M. 14, 2006. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: BLACKMON AND ENDING WITH BRADLEY M. VOORHEES, NAVY NOMINATIONS BEGINNING WITH KEITH T. ADKINS To be admiral WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND ENDING WITH DORSEY WISOTSKI, WHICH NOMINA- AND APPEARED IN THE CONGRESSIONAL RECORD ON NO- TIONS WERE RECEIVED BY THE SENATE AND APPEARED ADM. ROBERT F. WILLARD VEMBER 13, 2006. IN THE CONGRESSIONAL RECORD ON NOVEMBER 15, 2006.

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