Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 110 CONGRESS, FIRST SESSION

E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 110 CONGRESS, FIRST SESSION

Vol. 153 WASHINGTON, WEDNESDAY, SEPTEMBER 26, 2007 No. 144 Senate The Senate met at 9:30 and was called We are working hard to come up with zen effort to muzzle freedom of expres- to order by the Honorable JON TESTER, an agreement on how we can dispose of sion, reports indicate that thousands of a Senator from the State of Montana. the Biden and Kyl amendments. We Buddhist monks and other protestors were very close to being there several courageously defied the prohibition on PRAYER times yesterday, but we are still not public assembly and marched again in The Chaplain, Dr. Barry C. Black, of- there. Once we reach an agreement, Rangoon. In response, reports indicate fered the following prayer: Members will be notified of when the that the security forces of the State Let us pray. votes will occur. Peace and Development Council re- Everlasting Father, enable us to love The Senate has received, it is my un- sponded with typical brutality, beating You with all our hearts, souls, minds, derstanding, the children’s health leg- and strength. Give us humility so we islation. We are going to begin the and arresting scores of these brave can see Your divine image in the people process of getting to a point where this protestors. It was reported that one around us and serve You by serving matter will be considered and disposed person was shot to death and five re- them. Let this love expressed in service of in the Senate and sent to the Presi- ceived gunshot injuries. transform our Senate, Nation, and dent. Back in 1988, the regime responded to world. Other matters which need to be con- similar peaceful protests by mas- Lord, bless our Senators. Make them sidered this week are a continuing res- sacring thousands of its own citizens. kind in thought, gentle in speech, gen- olution and debt limit. I have been in But the Burmese regime should know erous in actions. Lift their lives from contact with my distinguished col- that things have changed in the inter- the battle zone of combative words to a league, the senior Senator from Ken- caring community of integrity, re- vening years. Modern technology has tucky, to see how we are going to work permitted photographs of those heroic spect, and civility. Teach them that it our way through this. Members will be protesters to be transmitted via the is better to give than to receive, that it apprised of schedule issues throughout Internet around the entire world. is better to serve than to be served. the day. Lead them to a humility that speaks Whereas before the news could be eas- f great things for others. ily muzzled by the junta, today that is We pray in Your precious Name. RECOGNITION OF THE MINORITY no longer the case. The world is watch- Amen. LEADER ing, and any brutal steps taken in Ran- f The ACTING PRESIDENT pro tem- goon are instantly made known in PLEDGE OF ALLEGIANCE pore. The Republican leader is recog- places such as New York, New Delhi, nized. and Beijing. These moving images of The Honorable JON TESTER led the heroism have certainly reached us here Pledge of Allegiance, as follows: f in Washington, DC. I pledge allegiance to the Flag of the MOVING FORWARD United States of America, and to the Repub- As I have said before to the regime in Mr. MCCONNELL. Mr. President, let lic for which it stands, one nation under God, Burma, we are watching you. To the indivisible, with liberty and justice for all. me just say I will be working with the majority leader to accomplish the people of Burma, we stand with you. f goals he just laid out. I think there is Mr. DURBIN. Mr. President, would RECOGNITION OF THE MAJORITY broad bipartisan support for going for- the Republican leader yield for a ques- LEADER ward as he suggested. tion? The ACTING PRESIDENT pro tem- f I want to ask a question based on the pore. The majority leader is recog- BURMA Senator’s statement. First, I commend nized. the Republican leader for his state- f Mr. MCCONNELL. Mr. President, there is disheartening news coming out ment on the situation in Burma. It is SCHEDULE of Burma this morning. Last night, fol- my understanding now that we antici- Mr. REID. Mr. President, this morn- lowing yet another day of massive pate this military junta is likely to ening the Senate will conduct morning peaceful protests demanding political gage in repressive tactics against the business, with the time equally divided reform in Burma, the repressive Bur- Buddhist monks and the people of this and controlled between the two sides, mese regime imposed a nighttime cur- country. I thank the leader for his with the majority controlling the first few and banned all public gatherings of statements because I think they vali- half hour. more than five people. Despite this bra- date our mutual concern that first an

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S12077

VerDate Aug 31 2005 03:06 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A26SE6.000 S26SEPT1 hmoore on PRODPC68 with HMSENATE S12078 CONGRESSIONAL RECORD — SENATE September 26, 2007 election, which came up with a good re- promptu protests has now mushroomed ger, the people of Burma have stood sult, finally be implemented so the into a nationwide peaceful democratic strong in the face of this extraordinary people of Burma have a representative groundswell. Tens of thousands of stu- evil. They demand Democratic reforms government and that those political dents have joined Buddhist monks in and basic human rights, and they have dissidents—most notably, Nobel Lau- the streets, marching and chanting in done so with dignity, and they have reate Aung San Suu Kyi—be released unison against Burma’s brutal military done so peacefully. from house arrest. She has suffered rulers. I met with some of those rulers The United States and the rest of the enough. a number of years ago when I went to free world must find more ways to I thank the Senator for bringing this Burma. I also had a chance to meet make it clear that we stand with the up to the floor. I want him to know his with Aung San Suu Kyi in her home people of Burma. The President’s deci- sentiments are felt on both sides of the where she has been under house arrest. sion yesterday to target the top gen- aisle. It is an extraordinary division that is eral for financial sanctions is a step in Mr. MCCONNELL. Mr. President, if I growing and growing in Burma, where the right direction, but it will not may just add, my friend from Illinois is the military junta, unbelievably un- solve the problem, and it is not enough. absolutely correct. This is a regime popular, nevertheless clings to power The massive prodemocracy dem- which I have been following for a long through the force of the military which onstrations in Burma represent the time, having introduced the first it controls. The riches of the country best opportunity for genuine political Burma sanctions bill some 4 to 5 years are exclusively being diverted to their change in nearly years. Burma’s Saf- ago. spoils, while Burma remains now and fron Revolution is also an excellent He is absolutely right. They engaged increasingly becomes poorer and poor- chance for America to finally show in this kind of activity back in 1988, er. greater diplomatic leadership on the killed a significant number of Burmese The Burmese people need to know world stage. citizens simply seeking to have an op- that the courage they are dem- The United States needs to lead the portunity to express themselves, which onstrating today and what they are international community in pressuring they subsequently did in the 1990 elec- fighting for is being watched by people the military junta to release all polit- tion, which Aung San Suu Kyi and the all over the world, that we admire ical prisoners, starting with the vener- National League for Democracy won what they are attempting to achieve, able Nobel Prize laureate and opposi- overwhelmingly, overwhelmingly, after and that we stand in awe of their com- tion leader, Aung San Suu Kyi, and which she was placed under house ar- mitment, of their courage. Their ac- take steps down the path from there to rest and has been there virtually the tions follow in the venerable footsteps more thorough political change. entire time since then, since 1990. She of Mahatma Gandhi, Nelson Mandela, This week’s gathering of world lead- was under house arrest while her hus- Lech Walesa, and all of those heroes ers at the United Nations General As- band passed away in London. who understand that nonviolent resist- sembly is ready made. It is a forum This is a pariah regime. Had they had ance is humanity’s greatest weapon waiting to be utilized properly. My nuclear weapons, I think the rest of the against tyranny and injustice. We, hope is that the United Nations will world would have been a lot more in- with all of the tools available to us, take the necessary steps to make even terested in this regime, as we have need to make certain the people of more clear the world’s condemnation been, for example, in North Korea and Burma understand that their courage but, more importantly, to create real in Iran. But they are now revealing is breaking through and that this mo- pressure, and that includes pressure their true colors once again. Tech- ment is one we share with them. from places such as China, which has nology is much better today than it What is happening today in the been playing a clearly duplicitous was back in 1988. They will not be able streets of Rangoon is, however, as ten- game because of their deep invest- to engage in these kinds of abuses with uous as it is unexpected. Just this ments, their proximity, and other occa- no one noticing. morning, we learned that warning sional similarities in the way in which I commend my friend from Illinois shots were fired and tensions are esca- they have dealt with democracy for making clear that all of us here in lating. I do not know how many people uprisings. From the halls of the United the Senate, regardless of party affili- realize it, but the Government of Nations to the headquarters of the As- ation, condemn this behavior and look Burma, the junta, moved to its own sociation of Southeast Asian Nations, forward to the day when the election of sort of private capital and has created the message to the Burmese military 1990 is finally honored. this almost surreal exiled government needs to be clear: The world is united I yield the floor. where they feel safe, as if living in a behind the people marching in your f bunker within the isolation of Burma streets. Do not meet peaceful protest itself. Just this morning, we also with still more butchering. We are pre- RESERVATION OF LEADER TIME learned that the cabal of generals that pared, all of us—and we must make The ACTING PRESIDENT pro tem- is pillaging Burma under the guise of this clear—to act in concert against pore. Under the previous order, the governing it could easily meet these you unless you immediately embark on leadership time is reserved. nonviolent protests with a bloodbath, serious negotiations toward sharing f just as they did in 1988. So it is impor- power with the people of Burma. tant that none of us allow the scrutiny Showing diplomatic leadership on MORNING BUSINESS on Burma to be diminished. This could Burma also requires that we demand The ACTING PRESIDENT pro tem- conceivably become another better from those countries that have pore. Under the previous order, there Tiananmen Square moment, if it does. propped up this brutal regime and are will now be a period for the transaction No one should doubt the Burmese thus the best equipped to help pressure of morning business for 60 minutes, junta’s potential for brutality and it. India and, in particular, China can with Senators permitted to speak large-scale violence. Since taking make a significant difference in this therein for up to 10 minutes each, with power, they have killed tens of thou- outcome. The President and the United the time equally divided between the sands of Burmese, and they have razed Nations must engage in strenuous di- two leaders or their designees, with the more villages than have been destroyed plomacy with Beijing, which carries majority controlling the first half and in Darfur. Over half a million people the most sway with Burma’s generals, the Republicans controlling the second have been internally displaced, and an and urge the Chinese to press for re- half. additional 1 million refugees have fled form. China has in its grasp a momen- The ACTING PRESIDENT pro tem- the country. The tyrannical thugs who tous opportunity to demonstrate lead- pore. The Senator from Massachusetts. run the country are engaged in the sys- ership commensurate with its growing Mr. KERRY. Mr. President, against tematic use of forced labor, human power and status. Beijing can host the all odds, the long-suffering people of trafficking, forcible recruitment of 2008 Olympics as an enabler of cruelty Burma have risen against one of the child soldiers, torture and rape—an ap- and repression or it can do so as a re- world’s most repressive regimes. What palling laundry list of human rights sponsible stakeholder in the world began a month ago as modest, im- violations. Yet, despite such grave dan- community. The Olympics will not

VerDate Aug 31 2005 00:26 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G26SE6.001 S26SEPT1 hmoore on PRODPC68 with HMSENATE September 26, 2007 CONGRESSIONAL RECORD — SENATE S12079 masquerade or cover up for its absence course and the injustices that occur low-income children. This proposal from this challenge. This is an impor- across the globe, that we must keep a would also provide much needed fund- tant test. The world is watching. vigilant focus on those and speak out ing to States for outreach and enroll- As the international community ex- against them. I also think it is impor- ment efforts to reach many of those erts greater pressure on the military tant to lead by example in our country. currently uninsured but eligible, mak- junta, it must also reach out more ag- That is why I come to the floor today ing sure we are reaching out. For those gressively with humanitarian assist- in such strong support of the Children’s who are eligible, as we get them on the ance for the Burmese people. The peo- Health Insurance Program reauthoriza- rolls, it makes a tremendous dif- ple of Burma have suffered not only the tion, the CHIP Reauthorization Act of ference. Because as we begin to bring bullets and bayonets of the current re- 2007, and urge my colleagues to support into the fold those who can be insured, gime but also from decades of misrule the incredible bipartisan compromise those who are eligible, we begin to that have transformed their resource- we have all come together to negotiate, mitigate the risk and the balance of rich nation into one of the poorest in to set the example of what our values the entire cost of what we need to do in Asia. All you have to do is go to are so that other countries might see covering children. In addition, it takes YouTube, and you can watch footage of that working together, the values we steps to ensure that they get a healthy the wedding of the general’s daughter, share and the moral obligation we have start by providing care for expectant one of the junta general’s daughters, to our children can be met as we take mothers and establishing pediatric laden in diamonds the size of pebbles, these types of steps. That kind of lead- quality measures to improve the effec- an example of the excesses of their co- ership by example is critical not just in tiveness, safety, and efficiency of the ercion of power while the country gets our country but to the example we set care they receive. For years we have poorer and poorer and people suffer as for the rest of the world. been putting quality measures into a consequence. I have to say, as a working mother, I Medicare and other programs. Now we Many of Burma’s 52 million people know all too well the importance of re- are going to put those same quality live in abject misery. About one-third liable health insurance coverage for all measures into pediatric care and children’s care so we cannot only be reas- are mired in poverty. Nearly half of all children. I feel blessed that as a Fed- sured that our children are getting the the children never get to go to school. eral employee, I have access to quality best of care, but we are going to also Malaria and tuberculosis are wide- coverage. When I am up late at night see the benefits economically of those spread. Mortality rates in Burma are with a sick child, as I was last week, I quality measures. among the highest in Asia. At least have been blessed as a Federal employee to have that access and to be Our plan would also invest in the de- 37,000 died of HIV/AIDS in 2005 and over velopment of evidence-based quality able to know that when the Sun comes 600,000 are infected with HIV. Burma’s measures for children’s health care and up, I can call my doctor. I can get my suffering destabilizes southeast Asia— provide access to much needed dental child the kind of medical care I believe heroin and methamphetamines, HIV/ care for lower income children. I am he needs. Having health insurance cov- AIDs, and other infectious diseases, as sure many of my colleagues have done erage gives me peace of mind. But that well as hordes of refugees spilling as I have, visited Head Start facilities peace of mind should not only belong across Burma’s borders into neigh- or other places where children are boring countries. The international to those families that can afford pri- learning dental hygiene. It is abso- community must respond to this ongo- vate health insurance, it should also lutely essential, because when you ing tragedy by providing humanitarian belong to the working families that are visit the places where they are not get- aid to a desperate and deserving people. struggling to make ends meet. That is ting dental care and dental hygiene, Current levels of international assist- why Democrats and Republicans you see children who have rotting ance are simply woefully insufficient. worked so hard together to come up teeth, who can’t pay attention in We need a network of public and pri- with a compromise on a bill this impor- school, who are malnourished because vate donors to fund health, education, tant. I commend my colleagues in this it hurts to eat when they get the op- and infrastructure projects. The resil- body and in the House of Representa- portunity. Dental care is essential be- ient and brave Burmese people have tives from both sides, both parties, who cause those children who do get it are shown that they are more than worthy have worked diligently to come to this going to be paying attention in class. of our support and compassion. They agreement. They will be getting better at their are fighting for democracy. We need to Since the inception of SCHIP 10 years education, and they will be healthier join that fight. ago or, as we call it in Arkansas, individuals because they will be receiv- I close by offering a final word of ARKids First, because it is a Federal ing nutrition. They are going to be on warning. We dare not forget Burma’s and State partnership to provide this a pathway to a healthier lifestyle. last great democratic uprising. It oc- health insurance for our children, the We ensure that children enrolled in curred in 1988. It was brutally crushed number of children without health care this CHIP would also be able to access by the military at the cost of over 3,000 coverage has been reduced by one- mental health care that is on par with innocent lives. That day and the re- third. During that time, I am proud the level of medical and surgical care pression that followed show the hor- that Arkansas has become a national they are currently provided. Earlier rible human toll of our collective fail- leader in reducing its number of unin- this month I hosted forums across the ure to act. A peaceful prodemocratic sured children from over 20 percent in State of Arkansas to discuss renewal of outcome in Burma is actually within 1997 to 10 percent today. Now nearly this vital program. We had a wonderful reach, if the international community 65,000 of Arkansas’s children currently opportunity to meet with health care were to seize this moment. The United receive coverage through the ARKids B professionals, parents, single working Nations, ASEAN, India, and especially part of ARKids First. mothers, business individuals who see China must stand with the United The bill before us is an important the productivity of their employees States in solidarity with the Burmese and responsible step forward in reach- better when they know those parents people. All of us must not fail the peo- ing the millions of children who re- have that peace of mind when their ple of Burma again. main uninsured. It applies the lesson of children are getting health care, others I yield the floor. the past 10 years and builds upon the who emphasize just how crucial this The ACTING PRESIDENT pro tem- success of the program by giving program is to Arkansas. They are anx- pore. The Senator from Arkansas. States more of the tools they need ious for us to get this program reau- f while preserving their flexibility to thorized. We have the opportunity, and strengthen their programs and ulti- we must seize it. They know the clock CHIP REAUTHORIZATION mately cover more children. In doing is ticking. If we don’t act in some form Mrs. LINCOLN. Mr. President, I ap- so, it would provide an additional $35 or fashion by September 30, we could plaud my colleagues who have come to billion over 5 years that will allow our endanger the coverage of 6.6 million the floor this morning to speak out States to preserve coverage for chil- children currently receiving care. about the injustices in Burma and to dren currently enrolled while reaching Further, those I spoke to wanted to remind us to not lose sight of the dis- an additional 3.8 million uninsured, see tolerance. They wanted to see us

VerDate Aug 31 2005 00:26 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G26SE6.003 S26SEPT1 hmoore on PRODPC68 with HMSENATE S12080 CONGRESSIONAL RECORD — SENATE September 26, 2007 working together. They had little tol- working together, and others, helped in children who are at or near poverty— erance, quite frankly, for the political multiple meetings to produce a bill of even considerably above poverty—fam- posturing by our President, making which everyone can be proud. Their ilies who have that type of fiscal con- this a political issue. They are frus- leadership and vision should be com- straint should be covered. There is trated that he doesn’t seem willing to mended by this entire body. agreement on that. budge in terms of cost when what we That is why it is so unfortunate the The issue is whether we should take spend in Iraq in only 41 days would pro- President and the Secretary of Health a program which covers children in vide health care coverage for 10 million and Human Services feel so differently. poverty, or near poverty, up to 200 per- children each year. And they, like me, In fact, their proposal to increase CHIP cent of the poverty level—which, if we believe that providing health care to funding by only $5 billion over the next define poverty, it is twice as much as our children is not only an investment 5 years falls well short of the funding what poverty is—whether we should in our Nation’s most precious of re- needed to simply maintain coverage for cover children who are in families who sources, but it is a moral issue and, those currently enrolled in the pro- have incomes well above 200 percent of quite simply, the right thing to do. gram. That is not right. the poverty level and adults who have In Washington we sometimes get in In fact, the message sent to me dur- no children at all, and whether we the business of debating policy spe- ing my meetings in Arkansas was that should do that extra coverage through cifics and losing sight of what it is all moving backwards—moving back- a nationalized system. about. During my recent trip to Arkan- wards—when it concerns the health That is what is at issue. The issue is sas, I was reminded of what this will care of our children is absolutely unac- not whether children who come from mean for real people. It is about a won- ceptable. Instead of forcing nearly 1.5 families who are not that well off—not derful, hard-working, home-based edu- million children to be dropped from necessarily poor families but are not cator from Benton, Jennifer Brown, their current health care providers, well off—those children are covered and her 6-year-old daughter Elizabeth. shouldn’t we all agree, at the very under the President’s proposal, under Because Elizabeth had a digestive prob- least, absolutely, no child should lose proposals which I would support, chil- lem that required treatment, her moth- coverage as a result of reauthorization? dren from families with incomes up to er would have been forced into the po- The President has been adamant 200 percent of poverty. sition of choosing between care for her about leaving no child behind when it The issue is whether we should have sick child or choosing to feed her fam- comes to their education. But States, for example, such as New Jer- ily if CHIP were not available. Placing shouldn’t that also apply to their sey, where families who make $71,000 a families in that position is completely health care? How you choose to spend year—$71,000 a year—should be able to unacceptable. They deserve so much your money for your families or for be covered under a federally, totally more. I am proud that CHIP was there your government most definitely re- subsidized, taxpayer-paid-for health for Jennifer and Elizabeth. As Jennifer flects your values and your priorities. I care plan, and whether families that told me: ask my colleagues today, what could be are not even families—because they are Without ARKids First, I don’t know how a bigger priority than the well-being of two adults with no kids—should also be we could have made it. our children—all of our children, the able to be covered under that federally It is also about a young working Nation’s children, our American fam- subsidized health care plan, where the mother and a grandmother, Amy Main ily? taxpayers pick up all the costs, and and Jackie Deuerling, who spoke to me In a time when more and more Amer- whether those plans should be struc- about their daughter and their grand- icans are struggling to find affordable tured in a way that they are single- daughter Emily, a 4-month-old blessing health care, CHIP has been a success payer, Government-directed, national- I was able to hold in my arms. What a story that has allowed us to make cov- ized health care plans. treasured blessing to that family and erage more accessible for millions of What is the practical implication of to this country. Without ARKids First, children in working families. I urge taking a program, which is supposed to Emily’s family would be unable to pro- each and every one of my colleagues to be directed at children who come from vide her with the care she desperately explore your conscience, to set aside low-income families, and expanding it needed. As Amy told me: partisan influences, and to support this radically in the way that the bill we The health care coverage provided by critical effort to invest in the health are going to get does? ARKids First allows me to feed the kids, af- care of our children—not only for the Well, the first practical implication ford diapers, and pay for Emily’s brother’s future of our Nation but for the well- is it spends a heck of a lot of money: school supplies. I can make sure the kids being of millions of children and work- $71 billion over 10 years in additional have everything they need. If I was paying ing families. They are depending on us, spending—$71 billion—to cover children the medical bills [and if it was me and me and it is time to fulfill our commit- alone], we wouldn’t be able to afford all of in families with up to $71,000 in income. those necessities [or the proper medical ment. In fact, they go up to 400 percent of the treatment]. I urge my colleagues to join me in poverty level, with families who make We cannot lose sight of that. We supporting this legislation to expand up to $80,000 a year, and they cover should all agree that providing health health care coverage for the children of adults who do not have children. Yet care for our children is certainly one our American family. they claim it is a children-in-need I yield the floor. health care program. area where partisan politics should be The PRESIDING OFFICER (Ms. So you are going to increase the Fed- placed aside. These working mothers KLOBUCHAR). The Senator from New eral Government and the size of the who were there, the working families Hampshire is recognized. who were represented in these town Mr. GREGG. Madam President, I Federal Government and the spending hall meetings were saying what an im- wish to speak in morning business. of the Federal Government—which, re- portant thing it was to them, as a The PRESIDING OFFICER. Without member, comes from taxpayers—by $71 value, to be able to make sure their objection, it is so ordered. billion under this proposal. The President has proposed increas- children were able to get the health f care they needed. But they also felt it ing spending in this area over the base- was a value of who we are as Arkansans CHILDREN’S HEALTH INSURANCE line—which is about $25 billion—by an and as Americans. PROGRAM additional $5 billion over 5 years. Some I am very proud the Senate has seen Mr. GREGG. Madam President, we of us have proposed we even go a little the case we have presented. The mem- are today going to vote on what is higher so we make sure every child in bers of the Senate Finance Committee, euphemistically known as the SCHIP that category of 200 percent of poverty of which I am a member, worked hard bill. It is clearly incorrectly identified can be covered. in a bipartisan spirit to find a common because under that reading one would But to expand this program to a $71 ground to improve this program. Chair- think it was for children, but it is actu- billion increase is a huge explosion in man BAUCUS and Ranking Member ally a bill that also covers adults. I the Federal program, in the size of the GRASSLEY, Senators ROCKEFELLER and think there is a general consensus and program, and in the cost to the tax- HATCH, took the challenge. All of us, no disagreement about the fact that payers. Remember this: Another effect

VerDate Aug 31 2005 03:06 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G26SE6.004 S26SEPT1 hmoore on PRODPC68 with HMSENATE September 26, 2007 CONGRESSIONAL RECORD — SENATE S12081 of this policy of covering families who with the cost being picked up by the rules, which they claim so aggressively make up to $80,000 a year with this fed- American taxpayer. to be following, such as pay-go, they erally taxpayer-paid health care insur- I oppose that type of an approach for have to take the program, in the year ance is that families that presently a variety of reasons: first and most 2013, from a $16 billion annual spending have their children insured by the pri- honestly because in every other nation level down to essentially zero. In other vate sector are going to move their in- that has tried that, it has led to dra- words, they are zeroing out this pro- surance from the private sector, which matic rationing of care. Depending on gram in the year 2013. They are not is paying for the cost—the business your age, you simply are not able to spending any money on it at all so they they work for—over to the public sec- get certain types of care, treatment. can hit their budget numbers. That is tor. You go to Canada, and you wait for called a scam. That is called a scam. It In fact, it is estimated, under the months, sometimes years for certain is a budget scam. And it is being played proposal before us, 4.4 million children types of procedures or you go to Eng- against a background of claiming they will be covered who are not covered land and you wait for months, years, are going to do all these wonderful today by this new SCHIP program and you cannot even get certain types things with all of this extra money, which covers families up to $80,000 and of procedures. So you get rationing. such as nationalize the system for peo- spends an extra $71 billion. However, Secondly, you undermine research. ple making $80,000 or less, but they are what people do not tell you—at least You do not get people investing in cre- simply not going to claim how they are folks from the other side do not tell ating new products and new ways to going to pay for it. This big, white area you—is 2.4 million of those children make people healthy because the cost in here, they have no idea how they are who are going to be picked up by this is not reimbursed. going to pay for that. None. None. I plan are already covered—they are al- Thirdly, if you take the private sec- will tell you how they are going to pay ready covered—by private insurers. tor out of providing health care, you for it: by raising taxes on the rest of So we are basically shifting the bur- immediately create huge inefficiencies working Americans. That is how they den from the private insurance over to because you reduce competition, you are going to pay for it. Working Ameri- the public side, which means the tax- reduce the forces for cost control that cans are going to pay for it so they can payers—average working Americans— private insurance brings into play. nationalize the system. are going to have to pay more to cover So I do not support a single-payer kids who are already covered by the plan. But I especially find it inappro- Then, on top of that, they have set up private sector through their taxes. priate that the way the other side of a verification system which uses Social Does that make sense? Of course it the aisle is trying to get to a single- Security numbers which the Social Se- does not make sense. Why would you payer program is through this surrep- curity Administration says will lead to do something like that? Why would titious back door of taking one chunk illegal immigrants being the people you set up a program like that? Why of the population—kids who are al- who get the benefit of this program, would you expand a program to fami- ready insured by the private sector— primarily—or not primarily but in lies that make $80,000; to adults who do and moving them over to the public part—because the Social Security Ad- not have children; to children who al- sector in the name of protecting chil- ministration is incapable of accurately ready are insured and draw them out of dren who are from lower or moderate- monitoring whether these numbers are the private insurance into the public income families. correct. So you are going to have a lot insurance? Why would you do some- All the proposals that are pending of illegal immigrants getting coverage, thing like that? around here—the proposal by the Presi- claiming they are legal, because the Well, the answer is pretty obvious. dent, the proposal I would support— system has been set up to accomplish This is part of the effort of the other protect children in families at 200 per- that. Maybe this was the back-door ap- side of the aisle to move us toward a cent of poverty or less. proach toward some level of amnesty single-payer, nationalized system of One of the ironies, of course, is that or something, but if it was going to be health care. There is no hiding that as they expand to higher income fami- done, it should have been done more fact. That has been stated as the pur- lies, in States such as New Jersey, for openly than the system that is being pose, even by the chairman of the Fi- example, where people making up to used in this bill. This is a fundamental nance Committee. So the goal is not $71,000 are covered under the single- flaw of this bill. It is a bill which, in its necessarily to bring more kids under payer plan, they actually leave out present form, is not paid for and has a insurance who need to be insured below-income kids. For example, in New huge cap. cause they come from families of less Jersey, there are about 19,000 kids who means. That is going to be done under are in families that are under 200 per- The PRESIDING OFFICER. The Sen- either program. The goal is to radically cent of poverty and are not covered ator’s time has expired. expand the size of a public insurance under the New Jersey plan. Mr. GREGG. Madam President, I ask program to families that are really Wouldn’t it make a lot more sense, if unanimous consent for 1 additional doing quite well, families making up to we were honestly trying to address minute. $80,000 that may not have children or low-income kids, to put in place a plan The PRESIDING OFFICER. Without the children may already be insured by which actually covered kids who were objection, it is so ordered. the private sector because you want to in family situations where the income move more people onto the public in- was less than 200 percent of poverty Mr. GREGG. Madam President, it has surance system because you want to and make sure everybody was covered? a huge gap in the way it is paid for. have a nationalized system. That was the proposal from our side of Secondly, it sets up a system of Now, I do not happen to support a na- the aisle, by the way, but it was re- verification which the Social Security tionalized system of health care. But I jected in this rush toward trying to get system says it can’t accomplish, and, think if we are going to have a nation- a big bite on the apple of nationaliza- therefore, presumes that a large num- alized system of health care, we should tion, single-payer proposals. ber of people who are in this country il- not do it through the back door. We So that is the policy problem with legally will end up in this program. should not do it through this bait-and- this bill. But there are a lot of other I ask unanimous consent to have switch approach that this bill rep- problems. Call them technical, if you printed in the RECORD the response of resents. We should do it in a very open, want, but they are pretty big technical the Social Security Administration on honest statement, much as what Sen- problems. For example, there is the this point and a letter to JIM MCCRERY, ator CLINTON proposed back in the problem that there is a scam going on, who is a Congressman and the ranking early 1990s: We are going to nationalize a scam in this bill as to how it is paid member of the Ways and Means Com- the health care system of this country. for. There is going to be one payer. It is You can see this chart I have in the mittee. going to be the Federal Government. Chamber. This reflects the increased There being no objection, the mate- And all your health care will be pro- costs of the bill as it goes forward. But rial was ordered to be printed in the vided for by the Federal Government, in order to make their own budget RECORD, as follows:

VerDate Aug 31 2005 00:26 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G26SE6.006 S26SEPT1 hmoore on PRODPC68 with HMSENATE S12082 CONGRESSIONAL RECORD — SENATE September 26, 2007 HOUSE OF REPRESENTATIVES, this letter from the standpoint of the Presi- $71 billion to the American taxpayer, a COMMITTEE ON WAYS AND MEANS, dent’s program. cost which isn’t accounted for in this Washington DC, September 21, 2007. Sincerely, bill and which is not paid for. The pro- Commissioner MICHAEL J. ASTRUE, MICHAEL J. ASTRUE, gram has a fundamental flaw in it as to Social Security Administration, Office of the Commissioner. Commissioner, Baltimore, MD. 1. If implemented as written, would the how they verify who is participating so DEAR COMMISSIONER ASTRUE: As Congress name and Social Security number we don’t even know if we are going to prepares to debate the reauthorization of the verification process in Section 301 of the have citizens participating in this pro- State Children’s Health Insurance Program Senate SCHIP bill allow SSA to verify gram versus illegals. It is a bill which (SCHIP), I am writing to request your assist- whether someone is a naturalized citizen? is flawed. It should be opposed, and it ance in clarifying an issue raised by a provi- No, the name/SSN verification process only should be vetoed. sion in the Senate passed bill. Specifically, I indicates whether this information matches I yield the floor. would request that the Social Security Ad- SSA’s records. Our understanding of Section The PRESIDING OFFICER. The Sen- 301 is that it would provide States with the ministration provide technical assistance to ator from Texas is recognized. explain the impact of Section 301 of H.R. 976, option of using a match as a conclusive pre- which was passed by the Senate on August 2, sumption that someone is a citizen, whether f 2007. naturalized or not. Since we have no data DEFENSE AUTHORIZATION Concerns have been raised that the imple- specific to this particular population, we mentation of this provision could make it have no basis for estimating how many non- Mr. CORNYN. Madam President, I easier for illegal aliens to qualify for govern- citizens would match if this language were rise to express my grave concern about ment funded healthcare programs including passed by Congress. the misplaced agenda we appear to be SCHIP and Medicaid. In order to better as- 2. Would Section 301 require SSA to per- pursuing in the Senate: Taking us off sess the accuracy of these claims, I would reform any verification of a person’s status as of a Defense authorization bill that we quest that you provide answers to the fol- a naturalized citizen? Section 301 would not provide for have spent 15 days on—more than 2 lowing questions by no later than the weeks—to take up special interest leg- evening of Monday, September 24, 2007. verification of citizenship but would create a conclusive presumption based on less reli- islation that has nothing to do with 1. If implemented as written, would the able data that a person is a citizen. As we name and Social Security number providing the equipment and the pay read Section 301, it would not require use of verification process in section 301 of the Sen- raises and the dignified treatment to DHS data to make a verification of citizen- ate SCHIP bill allow the Social Security Ad- our wounded warriors that the Defense ship. ministration (SSA) to verify whether some- authorization bill is designed to pro- 3. Would the implementation of this provi- one is a naturalized citizen? sion detect and/or prevent a legal alien who vide. 2. Would Section 301 require SSA to per- is not a naturalized citizen (and therefore Unfortunately, we see the distin- form any verification of a person’s status as generally ineligible for Medicaid), from re- guished majority leader has now intro- a naturalized citizen? ceiving Medicaid? duced an amendment relating to hate 3. Would the implementation of this provi- No. Our current name/SSN verification crimes on a Defense authorization bill. sion detect and/or prevent a legal alien who procedures will not detect legal aliens who We are told the majority whip now is not a naturalized citizen (and therefore are not naturalized citizens. generally ineligible for Medicaid), from re- plans to introduce a bill with regard to 4. Would the name and Social Security immigration, the so-called DREAM ceiving Medicaid? number verification system in Section 301 4. Would the name and Social Security verify that the person submitting the name Act. number verification system in Section 301 and Social Security number is who they say I would submit there is a time and a verify that the person submitting the name they are? place for everything. This is a delibera- and Social Security number is who they say No. tive body, where we are happy to talk they are? 5. Would the name and Social Security about and debate and air our dif- 5. Would the name and Social Security number verification system in Section 301 ferences on any piece of legislation any number verification system in Section 301 prevent an illegal alien from fraudulently Senator might want to propose that using another person’s valid name and prevent an i1legal alien from fraudulently comes to the floor, but there is a time using another person’s valid name and matching SSN to obtain Medicaid or SCHIP matching Social Security number to obtain benefits? and a place for everything. This is not Medicaid or SCHIP benefits? No. the time and not the place to divert 6. Would the name and Social Security 6. Would the name and Social Security our attention from the important pro- number verification system in Section 301 number verification system in Section 301 vision of pay raises, the important pro- prevent an individual who has i1legally over- prevent an individual who has illegally over- vision of equipment, and the important stayed a work visa permit from qualifying stayed a work visa permit from qualifying public policy changes with regard to for Medicaid or SCHIP? for Medicaid or SCHIP? how we treat our wounded warriors. 7. Based on the accuracy of your database, The name/SSN verification system in Sec- tion 301 would not identify individuals who One of the Hill newspapers has re- please comment as to the volume of false ported that today, a Government re- positives or false negatives that could occur have illegally overstayed a work visa permit. 7. Based on the accuracy of your database, port is being released that concludes under the Social Security number please comment as to the volume of false verification process in section 301 of the Sen- the wounded warriors from Iraq and Af- positives or false negatives that could occur ate SCHIP bill. ghanistan are still getting the run- under the Social Security number Thank you for your prompt attention to around from the Pentagon and Depart- verification process in section 301 of the Sen- this matter. If you should have questions ment of Veterans Affairs, despite big ate SCHIP bill. about any of the requests in this letter, Due to a lack of data specific to this par- promises of change made after last please contact Chuck Clapton of the Ways ticular population defined in section 301, we February’s revelations about the scan- and Means Committee Republican staff. have no basis for projecting how many ‘‘false dalous conditions at Walter Reed Army Sincerely, negatives’’ or ‘‘false positives’’ would be pro- Medical Center. As a member of the JIM MCCRERY, duced by enactment of Section 301, but they Senate Armed Services Committee, I Ranking Member, will occur. Committee on Ways and Means. am proud of the work we have been Mr. GREGG. Madam President, to able to do on a bipartisan basis to SOCIAL SECURITY ADMINISTRATION, summarize, everybody around here is move legislation forward that would Baltimore, MD, September 24, 2007. supportive of a plan which would fully address the causes for concern first un- Congressman JIM MCCRERY, fund what is necessary to take care of covered as a result of those sad and em- Longworth House Office Building, children whose families make 200 per- barrassing revelations at Walter Reed Washington, DC. cent of poverty or less. But what we on Army Medical Center. DEAR CONGRESSMAN MCCRERY: Thank you our side don’t want to see is an expan- Today, it is reported the Government for your letter of September 21, 2007, con- sion of this program as a method of Accountability Office, the investiga- cerning Section 301 of H.R. 976 passed by the taking people out of private insurance tive arm of Congress, says that delays Senate. and putting them on the public system, for disability payments for veterans I have enclosed answers to your seven questions. Please feel free to contact me if creating a single-payer plan and, as a still average 177 days—nearly 6 you need any additional information. The Of- result, moving down the road toward months—with no indication that any fice of Management and Budget advises that the nationalization of the entire health dramatic improvement is in the offing. there is no objection to the transmittal of care industry. It would be at a cost of The General Accounting Office also

VerDate Aug 31 2005 03:06 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\A26SE6.003 S26SEPT1 hmoore on PRODPC68 with HMSENATE September 26, 2007 CONGRESSIONAL RECORD — SENATE S12083 found continuing frustrations and Hood and Killeen. We need to make SCHIP shortfalls in care for the increasing sure we do everything in our power to Mr. MARTINEZ. Madam President, I number of military returnees from take care of our wounded warriors. But wish to shift the discussion, while I Iraq. Delayed decisions, confusing poli- what are we doing? We are apparently concur completely with the Senator cies, and the perception that the De- taking a timeout from that important from Texas and his assessment of floor partment of Defense and Veterans’ Ad- work that is urgently needed and di- management time, and I do believe we ministration disability ratings result verting our attention to other matters need to get about the business of a De- in inequitable outcomes and have erod- that have nothing to do with taking fense authorization bill and not be ed the credibility of the system, ac- care of our troops. sidetracked by other side issues. cording to the General Accounting Of- What else would this Defense author- I wish to talk about another impor- fice. Thus, it is imperative, the GAO ization bill do? Well, it would authorize tant issue that is coming before the concludes, that the Department of De- $4 billion for Mine Resistant Ambush Senate, which is the SCHIP program, fense and Veterans Affairs take prompt Protected vehicles. As my colleagues one that I support, one that I want to steps to address fundamental system know, these are the V-shaped hull vehi- see reauthorized, and one that I want weaknesses. cles that have a way of dispersing im- to see expanded. To my colleagues on Well, I agree. This is intolerable. provised explosive device attacks in a the other side of this debate, let’s talk That is the reason why we need to pass way that will save lives and protect about expanding SCHIP. I support a $5 the Defense authorization bill, which our troops from further injury as a re- billion expansion. If that is not enough has previously been pulled from the sult of improvised explosive devices. to cover the children this program is floor for consideration and has re- But what do we do? We dillydally intended to cover, let’s talk. Let’s dis- turned and now is being hijacked for around after 15 days of not taking care cuss what amount would cover these special interest legislation that has of our business and divert our atten- children: $5 billion, $10 billion; I am in nothing to do with providing help to tion to other unrelated matters that favor of opening that discussion. What I am against, what I oppose is our men and women in uniform during have nothing to do with protecting our expanding this program beyond the a time of war. troops. I think it is shameful. Let me talk briefly about what the needs of the poor. Further evidence the agenda is mis- The bill before us today expands the Defense authorization bill would do if placed in the Senate is the fact that we we ever get it passed. It would author- program beyond its original intent. It will, this week, have to consider a con- expands it to the point where we are ize increases in end strengths to the tinuing resolution. That means passing Army and U.S. Marine Corps. As my making Government-sponsored health legislation to keep the doors of Govern- care available beyond the intent and to distinguished colleague from Arkansas ment open until November 16 because knows, that has been one of the major include those in the middle class. this Congress has not passed, nor has For those who claim otherwise, let concerns we have all had about the the President signed, appropriations me read a quote from the chairman of stress and strain on our military that bills to pay Congress’s bills. Now, this the Senate Finance Committee. The is too small for the challenges we have is not a surprise. September 30 we chairman recently noted: today, resulting in lengthy deploy- know is the end of the fiscal year. Everyone realized that the goal of this leg- ments and absences away from family What would happen if we were a small islation moves us a giant step further down members. This bill would authorize an business—or a big business, for that the road to nationalizing health care. increase of 13,000 in end strength for matter—that didn’t take care of its af- Nationalizing health care. Let’s call the Army and 9,000 for the Marine fairs and didn’t pay its bills? Well, it it what it is. This is not a debate over Corps. But what do we do instead of would shut down. But not the Federal whether we are going to provide health passing the legislation that would pro- Government, because we have the insurance for our Nation’s low-income vide that additional authorization? We power to wave a magic wand and pass a children—because we all agree we hijack this Defense authorization bill continuing resolution. But 13 appro- should do that—this is a debate over to talk about hate crimes and perhaps priations bills affecting the lives of whether we should nationalize health immigration and other unrelated each and every one of 300 million care. issues. This bill authorizes a pay in- Americans in this country has simply This is a significant ideological decrease of $135 billion for our men and been neglected, pushed to the back bate. Do we in this body—in this Na- women in uniform, people who deserve burner, because we are diverting our tion—want a system of government everything we can do for them when it attention to matters that we should versus private health insurance? Is it comes to providing for them or reduc- leave for a later date. right to dramatically expand this pro- ing some of their financial burdens. So I implore the majority leader, I gram to middle-class families for the This bill authorizes $135 billion in addi- implore the new management of this sake of being able to say we are insur- tional pay. Senate that was elected to the major- ing more? I support SCHIP. I support But what does the majority leader ity status after the last election, let’s the program with the original mission do? He says we are going to take an- take care of business. Let’s take care of covering low-income children who do other timeout after 15 days and we are of our troops. Let’s take care of our not have health insurance. This bill we going to talk about hate crimes, poten- military families that, in an all-volun- are debating today is not that pro- tially immigration, and who knows teer military, are absolutely essential gram; it is not even close. It is bad pol- what else, further burdening this bill to our ability to protect and defend the icy. To take a program designed to with amendments which may jeop- United States. I think it is shameful help poor children and create a new en- ardize our ability to pass it in the end. titlement for middle and upper income This bill also provides for a 3.5-per- we are changing the subject to take care of special interest legislation at a families, especially when this group al- cent increase in pay for all our troops. ready has access to private coverage, To the point of the GAO report, which time such as this, when it is so critical, at a time of war. I implore the major- money set aside for low-income chil- I cited that has been reported in one of dren should be used to cover low-in- the Hill newspapers today, this bill ity leader to reconsider his misguided agenda for the Senate. come children. would authorize $24.6 billion for the De- Make no mistake. This bill takes us fense health program, including a $1.9 I yield the floor. down a one-way path. The bill takes billion adjustment to fund TRICARE Mrs. LINCOLN. Madam President, the money intended for SCHIP and uses benefits for fiscal year 2008. how much time remains in morning it as money to begin a program of so- That is exactly what we ought to be business on each side? cialized health care. For this reason, I doing. I, similar to my other col- The PRESIDING OFFICER. The Re- cannot support this bill. leagues, have visited our wounded war- publican side has 6 minutes 41 seconds, Beyond the ideological shift of so- riors at Walter Reed and Bethesda, and the Majority side has 5 minutes 57 cializing health care, the funding por- places such as the Brooks Army Med- seconds. tions of this bill will essentially elimi- ical Center in San Antonio, and places The Senator from Florida is recog- nate health coverage for low-income such as Darnall Medical Center at Fort nized. children after 5 years.

VerDate Aug 31 2005 00:26 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G26SE6.008 S26SEPT1 hmoore on PRODPC68 with HMSENATE S12084 CONGRESSIONAL RECORD — SENATE September 26, 2007 Under this plan, SCHIP outlays in- would bring a viable alternative to the 200 percent of poverty—my colleague crease every year for the next 5 years. debate we are currently having. This from New Hampshire talked about it as But in the year 2013, they drop dra- alternative would be composed of two if it was a lot of money. When you talk matically—to levels that will not sus- elements: First, a full reauthorization about 200 percent of poverty, you are tain even the existing population of of SCHIP. SCHIP should continue to talking about a family of four trying to kids on SCHIP. cover children in families with incomes live on $41,300. Eighty percent of the The proposal, as written, will require at or below 200 percent of the Federal people in the State of Arkansas whom the Government to either drop millions poverty level. But we should also work I represent have an adjusted gross in- of children from health care in 2013 or to enhance outreach for those eligible come of less than $50,000. As a parent impose a new tax to raise the $41 bil- but not signed up. myself, being blessed with two incomes lion needed to sustain the increased We know there are poor children out coming into our household, a family levels of coverage. there without health insurance. We raising and caring for a family of four Additionally, this bill sets us up to may not agree on the number of them, on $41,300 a year—talking about what cover an unintended population of but let’s work harder to find them and you are paying for rent, for food, for adults. This plan would allow New sign them up for coverage. utilities, and then to say that we as a York to expand their SCHIP program The second part should consist of a Nation don’t want to support you in to cover middle-class families earning child health care tax credit. Rather caring for your children and seeing $82,600 per year, which is four times the than putting more people on a govern- that they get good health care, that Federal poverty level. ment-run program, let’s advance tax their health care needs are met; no, go Ironically, this means many families credits to families with incomes be- into the private marketplace where the in New York will receive a government tween 200 percent and 300 percent of most expensive piece of health insur- subsidy for insuring their children at the poverty level. This would cover the ance you can purchase is in the private the same time they are subject to the population targeted by this bill, but in- single-payer marketplace of health in- alternative minimum tax, a tax specifi- stead of forcing them to drop their cur- surance—— cally designed to target wealthy Amer- rent coverage, it would provide assist- I have been disappointed by those icans. ance to keep them in the current insur- By expanding coverage further up the comments we have heard this morning. ance plan. It would help families with I hope that as we look forward, in income scale and to new populations, employer-based insurance to add their this bill, we prohibit any new waivers, this bill takes away needed resources children to their existing policies. waivers that were a part of the first from those most vulnerable, low-in- If a family doesn’t have insurance, come children. piece of legislation 10 years ago, and Several recent analyses show that for this credit will provide the resources this administration granted many of every 100 children made newly eligible necessary to go out and purchase those waivers. My State of Arkansas for SCHIP, half of those would either health care. has been a beneficiary of many of those I think this is something we can all lose or forgo private coverage they cur- waivers. But the fact is that we rein rently have. So why are we using tax- agree to. These concepts are supported them in. We prohibit waivers on child- payer dollars to cover children who by both the left and right, from the less adults, and as those childless have insurance at the expense of those Heritage Foundation to Families USA. adults are phased out of the program, who don’t? So I urge my colleagues to reject the the States can choose to put them in a I truly believe this bill represents a proposal before us today and, instead, block grant program and cover them in fork in the road. We can either move come together and work to ensure ac- a much less percentage than what they toward a health care system that is pa- cess to health care for all low-income are covered now. But they are not tient focused, with a choice of pro- children. going to be in a children’s program or viders, or one that leads us toward a The PRESIDING OFFICER (Mr. a program designed for children. Cuban-style health care system, with WHITEHOUSE). The Senator from Ar- So I hope our colleagues will look at rationing of care, long waiting lines kansas is recognized. all the hard work and effort that has and, worse yet, no choice. Mrs. LINCOLN. Mr. President, I rise been put into this bill, to rein in much Let me reiterate, the dispute is not now somewhat in dismay, I suppose, of the excess that came through those whether children should have access to but certainly disappointed in hearing waivers from this administration, and affordable health insurance; we all be- the debate from the other side. When will look at how we can focus on bring- lieve children should have that access. we first started SCHIP 10 years ago, ing about compromise and making sure The dispute is how we should achieve what a great bipartisan effort it was. we focus on the hard-working families that goal. Under this administration, so many that make up the fabric of this great SCHIP reauthorization in its current waivers have been granted for childless Nation and do need the help and the form will transform the program into a adults and for other different cat- support of all of us in making sure middle-class entitlement. egories of individuals to be covered. their children get the most basic of A real compromise needs to be What we have tried to do, in a bipar- needs in health care coverage. reached, one that keeps in the spirit of tisan way in putting together the reau- I thank the Chair and look forward SCHIP; one that finds children cur- thorization of this bill, is rein in those to the debate and encouragement from rently eligible and signs them up for waivers. I heard my colleague and all our colleagues to bring about a bi- insurance; a compromise that doesn’t friend from New Hampshire—he and I partisan bill that moves this Nation simply broaden the program’s eligi- have talked often about our own chil- forward in recognizing our greatest bility so people on private health in- dren—say we are going to cover illegal asset—our children. surance all of a sudden have an option immigrants. We are not only not going The PRESIDING OFFICER. The Sen- to move to Government-sponsored to cover them in this bill, we don’t ator from North Dakota is recognized. health insurance. even cover those who have stood in line Mr. DORGAN. Mr. President, has the Congress also needs to work on legis- and go through the proper process to time for morning business expired? lation that will help make insurance come here as legal residents until there The PRESIDING OFFICER. The time more affordable. has been certain proof of how long they for morning business expires in 120 sec- Since the President has signaled his have been here and the contributions onds. intention to veto this version of SCHIP they have made. Mr. DORGAN. Mr. President, I ask reauthorization, it is essential we talk I have great confusion about this ef- unanimous consent to speak for 15 min- about viable alternatives—plans that fort to portray this reauthorization as utes in morning business. would ensure the reauthorization of something that is expanding. We are The PRESIDING OFFICER. Without SCHIP that expand rather than dimin- actually reining it in. objection, it is so ordered. ish private health insurance and cov- I have to say, in listening to my col- Mr. DORGAN. Mr. President, this erage for children. leagues talk about covering 200 percent afternoon, I will be attending a hearing I have been working with some of my of poverty, I hope the American people of the Senate Appropriations Com- colleagues on such a plan—one that understand that when we talk about mittee. The Secretary of Defense will

VerDate Aug 31 2005 03:11 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G26SE6.010 S26SEPT1 hmoore on PRODPC68 with HMSENATE September 26, 2007 CONGRESSIONAL RECORD — SENATE S12085 be there, the head of the Joint Chiefs of that is paid for, it is not effectively Mr. DORGAN. In fact, the request be- Staff will be there, as will someone costing the taxpayers any resources. fore the Senate Appropriations Com- from the State Department, and they As I understand it, it is going to mean mittee this afternoon for the war in will be here supporting a proposal by an increase in the cigarette tax, and Iraq is two requests: $145 billion that the President to the Congress that we the implication of the increase in the now exists for this year, and we expect supply up to $200 billion in additional cigarette tax is the fact that less chil- another $50 billion on top of it. That is funding for the war in Iraq and Afghan- dren will be smoking; so you have a nearly $200 billion in one single year, istan—all of it declared ‘‘emergency,’’ double value here, where we are not totaling about three-quarters of a tril- none of it paid for, and that is $200 bil- only getting coverage for the children lion dollars, over time none of it paid lion for this year. That will take us to but discouraging children from smok- for. This program to provide health in- almost three-quarters of a trillion dol- ing, which will help and assist and surance to children is $7 billion a year lars, with respect to the war in Iraq make sure future generations are going fully paid for. and Afghanistan, all added to the Fed- to be healthier as well. I know the Sen- What bothers me about this issue is eral debt as a result of a request by the ator is familiar with that argument. this clearly is an issue of trying to President that it be emergency spend- Does he think the administration has take care of things here at home. What ing. missed that point? is more important than taking care of I mention that only because we have Mr. DORGAN. I believe they have. It a young child who is sick? It is inter- been talking out here on the Senate is a fact that this is paid for with rev- esting to me, we voted a while back floor about something called the chil- enue coming from the sale of ciga- about making English the national lan- dren’s health insurance program. It is a rettes. It is also a fact that about 3,000 guage. It is a reasonable request. If you fraction of what we will be discussing children a day will begin to smoke and want to become an American citizen, this afternoon as emergency funding. become addicted to cigarettes, and you ought to aspire to learn the lan- The children’s health insurance bill is 1,000 of them will ultimately die from guage, English. Yet I come to the floor fully paid for. That which came out of that choice. The only chance you have and I hear a foreign language. I don’t the Senate Finance Committee on a bi- to hook someone on cigarettes is to do understand what they are talking partisan basis to address the issue of it when they are kids. Does anybody about: ‘‘socialized medicine,’’ ‘‘Cuban- health insurance for children and do so know of anybody who is around 30 or 40 style, government-run health care.’’ It in a way that fully pays for it. It is a years old sitting in a La-Z-Boy recliner seems to me they ought to speak very different circumstance than exists and watching television and thinking, English. I get so tired of people using with the President’s request for war what have I missed in life? What have these terms, such as ‘‘socialized medi- funding, for example. I not yet done that I should do? And cine.’’ Yes, there is a government as- But it is interesting to me that the they come up with the answer that I pect to this issue. But as my colleague loudest moans in the Chamber of the ought to start smoking. Does anybody said, much of this is the private sector Senate come when we take the floor of believe that would happen? Of course it as well implementing it. the Senate to talk about taking care of doesn’t. I am so tired of people saying the things here at home, taking care of We know now that smoking has dan- Government can’t do a thing. How basic things in this country. gerous health effects. The only chance about those firefighters climbing the What is more basic than taking care you have to get someone to smoke, get World Trade Center and giving their of children and the health care of chil- them addicted for a lifetime, is to get lives as those buildings came down? dren? If it is not in first place, tell me kids addicted. So I think that which we You know what, they were on the pub- what is in first place among your con- do to persuade children not to smoke is lic payroll, were they not? Public serv- cerns about life. I am talking about the something very important in our lives. ice, that is what they were doing. Gov- health of our children. If that doesn’t It is also a contributor to a healthy ernment workers. How about the rank No. 1, tell me what does. It ought lifestyle. teachers taking care of our kids today to rank No. 1, front and center. Every- Mr. KENNEDY. Will the Senator in the classroom? Government work- body individually, I think, would say yield further? ers; yes, they are. How about Dr. the most important thing in my life is Mr. DORGAN. Yes. Francis Collins working at NIH, who my children and my children’s health. Mr. KENNEDY. Effectively, when the gave us the owners manual for the Yet we bring a bill to the floor of the administration says this is going to be human body with the mapping of the Senate dealing with children’s health, additional kind of spending, they leave genome code? Are we proud of him? paid for, and it provides expanded cov- out the fact that it is going to be fund- Government worker. erage, coverage to those children who ed—children’s health—with a cigarette I am a little tired of this language— don’t have coverage—millions of chil- tax. Is the Senator familiar with the ‘‘socialized medicine,’’ ‘‘Cuban-style dren whose health is now a function of fact that the procedure, the process by system.’’ What a load. That is thought- how much money their parents have in which the children actually get the less rather than thoughtful debate. their checkbook, and who, in some health insurance in the State is basi- This is not some massive socialized cases, are lying in pain, walking with a cally identical to what the administra- medicine program. limp, suffering through agony but can- tion asked on their prescription drug I say to my colleagues, look a 4-year- not go to a health care facility because program? It is using the private sector old child in the eye who is hurting and their folks cannot take them because in terms of the contract, and in terms say to them: You know what, we made they don’t have any money or insur- of an individual getting coverage for a decision that the question of whether ance. Does anybody here believe we their children. The worker will find out you get to see a doctor or get to go to should not aspire to address that? And there are several alternatives from a clinic or get to go to a hospital today we have. We have a piece of legislation which they can make a choice. They is a function of how much money your that is fully paid for—— are all based on the private sector. parents have, and if they don’t have Mr. KENNEDY. Will the Senator Therefore, I ask the Senator, is he the requisite amount of money, I am yield? somewhat troubled by the administra- sorry, youngster; tough luck. I am Mr. DORGAN. Compared to what we tion’s opposition, since we have effec- sorry. Just bear the pain. We shouldn’t will hear this afternoon, a request for tively tracked the delivery system that do that. As a country, we shouldn’t do $200 billion of emergency funding for the administration has asked and it is it. the war in Iraq and Afghanistan, none being paid for independently from What is a higher priority than our of it paid for, and this is a fraction of spending programs by the Federal Gov- children and our children’s health? that to reach out to try to provide ernment and that the total expendi- How on Earth, given what we are health insurance to America’s children, ture, as the Senator I am sure has doing, spending money in this Cham- particularly America’s poor children. pointed out, is some $35 million over 5 ber, a $200 billion request this after- I am happy to yield for a question. years as compared to $120 billion dol- noon before the Senate Appropriations Mr. KENNEDY. On the point the Sen- lars for the war in Iraq in a single Committee, none of it paid for, on an ator makes about this being a matter year? emergency basis, $200 billion, and now

VerDate Aug 31 2005 03:06 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G26SE6.011 S26SEPT1 hmoore on PRODPC68 with HMSENATE S12086 CONGRESSIONAL RECORD — SENATE September 26, 2007 we come with a $35 billion request fully on the floor, Republicans and Demo- As a nation that serves as a beacon of paid for to address the issue of children crats. Let’s pass this legislation, and freedom and liberty throughout the who do not get health care, children let’s hope the small amount of opposi- world, we simply cannot tolerate vio- who, when they get sick, do not have tion in this Chamber will not deter us lence against our own citizens simply adequate health care—what is more from doing what we know is best for because of their differences. We cannot important for this country? the country. And, second, let’s expect fight terror abroad and accept terror at I don’t understand. I have said from this President to sign it. I know he has home. time to time, we have all these events threatened to veto the bill. Let’s ex- For the last 7 years, I have entered in the Olympics for running and jump- pect him to sign it because it is taking into the CONGRESSIONAL RECORD a hate ing. If ever there were an event for care of business at home and doing crime almost every day. I have entered sidestepping, I have some gold medal first things first. hundreds upon hundreds of individual candidates in this Chamber. Mr. President, I yield the floor. hate crimes into the RECORD to dem- Sidestepping the important issue—they The PRESIDING OFFICER. The Sen- onstrate the need for this legislation. don’t want to talk about the question ator from Oregon. Many of these crimes are extremely of why do you not want to address the Mr. SMITH. Mr. President, I ask brutal, some even resulting in the health care of children. They want to unanimous consent that I be permitted death of the victim. I do this to raise talk about other issues—socialized to speak as in morning business. awareness. I do it to demonstrate the medicine. It is a foreign language to The PRESIDING OFFICER. Without severity of these attacks and to show me, but maybe not to some. objection, it is so ordered. the frequency of these violent crimes. I I guess I would ask this question: Can f also do it to remember these often we—not just on this subject but other nameless victims and to give a human HATE CRIMES subjects as well—can we come to the face to these senseless acts of violence. floor of the Senate and take some pride Mr. SMITH. Mr. President, I believe Let me tell my colleagues about the in taking care of business at home? My the pending amendment is the hate horror of these attacks. Opponents of colleague from Oregon and I offered the crimes amendment to the national De- this measure will say every crime only amendment that cut down a bit fense authorization bill. I rise today to should be treated equally. But those the $20 billion—yes, with a ‘‘B’’—$20 once again discuss the need to enact who perpetrate crimes out of bias, billion this Congress passed for recon- hate crimes legislation. For the fifth against sexual orientation, are unusu- struction in Iraq. A massive amount of consecutive Congress, I have intro- ally and especially savage. One rarely, it was wasted. Talking about health duced this legislation with my col- if ever, reads about a hate crime result- care, guess what. We gave a $243 mil- league from Massachusetts, Senator ing from a single bullet or errant lion contract to a private contractor to KENNEDY. punch. Hate crime victims will be beat- rehabilitate 142 health care clinics in The Senate knows well the substance en dozens of times with an iron crow- Iraq. An Iraqi doctor went to the of what we have debated. We have done bar, they will be stabbed over and over, Health Minister of Iraq and said: I it in every Congress of my tenure. A or they will be stomped to death. These would like to see the health clinics majority of Senators have repeatedly prolonged, vicious beatings are more that were rehabilitated. The money is supported this legislation. Two years akin to punishment and torture and all gone. The Iraqi Health Minister ago, under a Republican-controlled manifest themselves in ways that are said: In many cases, those are imagi- Senate, we overwhelmingly passed hate most evil. nary health clinics. The money is gone. crimes legislation on the National De- This year, Senator KENNEDY and I Reconstruction in Iraq—how about fense Authorization Act by a vote of 65 have decided to rename our legislation taking care of things at home? How to 33. In 2000, the Senate voted 57 to 42 the Matthew Shepard Act. We do so about doing first things first? And you in favor of the bill. In 2002, we had 54 with the permission of his mother. We tell me what is in second place. The votes. do so to put a human face on the issue first place, in my judgment, is taking Hate crimes legislation, in my view, of hate crimes legislation. In addition, care of America’s kids, and we don’t do is the most important civil rights issue we did it in remembrance of a young this through some massive Govern- before this Congress. The House has al- hate crime victim who has left an in- ment program, through some socialized ready passed this legislation. They delible mark upon our Nation’s con- health care system, some Cuban-style have done so and we will do so, I hope, science. His name is Matthew Shepard. system of Government programs. We because America needs it. Judy Shepard, Matthew’s mother, is do this in a thoughtful way, and we do America is one of the most diverse a dear friend of mine. Judy experienced it in a way that works. societies on the planet, and I can think a parent’s single worst tragedy: the How do we know it works? Because of no other country in world history loss of her child. But instead of retreat- this program has existed and been an that has achieved the same degree of ing into her own pain for solace, Judy exemplary program, and it has given diversity as the United States of Amer- has brought to national attention the low-income families an opportunity to ica. Our diversity is, in part, our Na- need for hate crimes legislation. She is believe that when their kids get sick tion’s heritage. It is part of our polit- our Nation’s strongest advocate for and they don’t have money and are ical and social fabric. It is a source of this issue. having a tough time, they can still our strength, and it should be pro- For those of you who do not know take their kids to a doctor. God bless tected from those who try to system- Matthew Shepard’s story, it is truly them for knowing that and God bless atically victimize whole classes of indi- heartbreaking. Matthew was a 21-year- the Congress and the President for viduals based on their beliefs, their old college student at the University of doing something about it in past years. practices, or their race. Wyoming when he was attacked. Short- It is very different now. We are try- The bedrock of our civil rights laws ly after midnight on October 7, 1998, ing to expand the program to millions is founded on our collective belief that Matthew was kidnapped, beaten, pistol of additional kids, and we are told minorities should be protected from whipped, lashed to a lonely stretch of somehow this is a program that is un- discrimination. But the civil rights fence, and left to die alone. worthy, it cannot be done this way, it struggle is far from over. Every elec- Almost 18 hours later, Matthew was is some sort of big bureaucratic mess. tion brings a new chapter in our efforts found alive but unconscious. His inju- Nothing could be further from the to get it better. ries were deemed too severe for sur- truth—nothing. As we fight the war on terrorism gery, and Matthew died on October 12. I hope when the dust settles this abroad, we must not forget that we Matthew was murdered by two men week and we do the conference report, continue to have injustices on our simply for who he was, because he was I hope we understand that this con- home shores. Americans continue to be gay. To think that such virulent hatred ference report is bipartisan—Senator harassed, victimized, and denied equal of another person’s sexual orientation GRASSLEY, Senator BAUCUS, Senator opportunities simply because of their drove another to commit such a hei- HATCH, Senator KENNEDY, and so many race, religion, color, disabilities, or nous act is truly unthinkable. Sadly, others have advanced this legislation sexual orientation. this case is not isolated.

VerDate Aug 31 2005 00:26 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G26SE6.012 S26SEPT1 hmoore on PRODPC68 with HMSENATE September 26, 2007 CONGRESSIONAL RECORD — SENATE S12087 One may ask why Senator KENNEDY of a crime is intent and motive, and And they which heard it, being convicted and I have offered this legislation speech is one of those legitimate areas by their own conscience, went out one by again on the Defense authorization of inquiry. This was made very clear by one, beginning at the eldest, even unto the bill. As I have said in the past, the Chief Justice William Rehnquist, not last: and Jesus was left alone, and the woman standing in the midst. military is not immune to the scourge exactly a liberal, who wrote the major- When Jesus had lifted up himself, and saw of hate crimes in our country. In 1992, ity opinion in Wisconsin v. Mitchell, none but the woman, he said unto her, Navy seaman Allen Schindler was bru- where the Supreme Court unanimously Woman, where are those thine accusers? tally murdered by his shipmate Terry upheld the constitutionality of a Wis- hath no man condemned thee? Helvey in Okinawa, Japan. Schindler consin hate crimes statute. Statutes She said, No man, Lord. And Jesus said was beaten and stomped to death sim- which provide for an enhanced sen- unto her, Neither do I condemn thee: go, and sin no more. ply because he was gay. His attack was tence, where the defendant is inten- That occurred in the public square. so vicious that almost every organ in tionally selected because of his race, Jesus risked his life to save her life. He his body was destroyed. His own moth- his religion, color, disability, sexual didn’t excuse it nor did he condemn er could not have identified him but for orientation, national origin or ances- her. He saved her life and risked his the remains of a tattoo on his arm. try, does not violate the first amend- own. I don’t believe Federal law should In another tragic case, PFC Barry ment, the Court found. do any less than that, and I believe it Winchell was beaten by another army Rehnquist wrote in Mitchell: is high time for us to do what many private with a baseball bat. He was The first amendment does not prohibit the States, most of the States in America beaten with such force and his injuries evidentiary use of speech to establish the have done, and that is add the category were so severe that he died shortly elements of a crime or to prove motive or intent. of sexual orientation to our Federal thereafter. He was only 21, the same In fact, you can’t have a crime unless statutes. age as Matthew Shepard. No churchman, no preacher, no ad- To those who say we don’t need a you prove motive and intent, and speech is one of the legitimate areas of herent of religious faith need fear this, Federal hate crimes bill, I say they are but they ought to follow that and un- wrong. This is a national problem that inquiry. Lastly, I have heard concerns from derstand that what we are not trying deserves national attention. Our hate my religious brothers and sisters who to do here is to somehow inhibit the crimes legislation would strengthen fear passage of hate crimes legislation free exercise of religion. We are trying the ability of the Federal, State, and will have a chilling effect on our Na- to protect people, American people, local governments to investigate and tion’s churches and pulpits. This is un- from the most brutal kinds of terrorist prosecute hate crimes based on race, founded. I find it disconcerting that acts on our own shores. ethnic background, religion, gender, many ministers of religion, for whom I Finally, there is a memorial in Cas- sexual orientation, disability, and gen- have the utmost respect, would preach per, WY, sculpted by Chris Navarro, der identity. such messages from the radio, from tel- dedicated to the memory of Matthew Furthermore, it would strengthen evision, and from sacred church pul- Shepard. It is named the Ring of Peace. State and local efforts by enabling Jus- pits. A hate crime does not criminalize The circular design of the ring symbol- tice to assist them in the investigation thoughts, moral views, and religious izes both the individual and the ideals and prosecution of hate crimes and as- beliefs. What it does say is we cannot of social unity. The bell, supported by sist in funding of these prosecutions. a ring, stands for liberty, and the ring The legislation would also allow the go out and do violence to our fellow Americans simply because we find an- for the promise of tomorrow. White Federal Government to step in, if need- doves flying out of the bell are a sym- ed, but only after the Department has other’s mere existence offends our beliefs. You have to act. Thought and bol of peace. They are flying as a uni- certified that a Federal prosecution is fied group and their wings symbolize necessary. If this can be done locally or speech are insufficient to prove a hate crime, and it is disingenuous and falla- hope and freedom. at the State level, it should be, but At the base of the sculpture there is hate crimes should be prosecuted. cious to say otherwise. And I would say, as an aside, that if a simple poem that reads: Current law does not provide any au- I believed what they charge, I would If you believe in hope, and the need for thority for Federal involvement in not be here in support of this amend- peace, step up and ring the bell, for it will these types of hate crimes, even when ment in Congress after Congress. I sing, for a promise of tomorrow. State or local law enforcement is inad- know the law, however, and I know With that, Mr. President, I urge my equate because relevant law is non- what is being said about this amend- colleagues, as many as have done so in existent or resources are insufficient. ment is simply wrong. the past, to vote in favor of this Without this legislation, the tools for I accuse no one, but what I find of amendment. We cannot be complacent battling hate crimes at the Federal great comfort is a story from the New or tolerate such acts of hatred. We all level will remain limited. Testament on this issue, and I think it need to step up and vote for legislation I have also heard it argued that we is applicable. It is a story from the that promises all Americans a better shouldn’t punish a hate crime any dif- Book of John, and I will share it with tomorrow. ferently than any other crime. I believe you, because I think it teaches us all Mr. President, I yield the floor. that is flat wrong. Hate crimes tear at how we should behave toward one an- The PRESIDING OFFICER. The Sen- the very fabric of our Nation. They other, sinners all, in the public square. ator from Massachusetts. seek to intimidate entire groups of Mr. KENNEDY. Mr. President, I ask It reads as follows, from Chapter 8: Americans and, as such, divide our peo- unanimous consent to speak as in ple. Hate crimes do more than harm And early in the morning he came again into the temple, and all the people came morning business. one victim; they terrorize an entire so- unto him; and he sat down, and taught them. The PRESIDING OFFICER. Without ciety. They send an ominous message And the scribes and Pharisees brought objection, it is so ordered. of hate and intolerance to all Ameri- unto him a woman taken in adultery; and Mr. KENNEDY. Mr. President, I hope cans. Those crimes must be punished when they had set her in the midst, our friends and colleagues had a good proportionately. They say unto him, Master, this woman opportunity to listen to the excellent, As to the constitutionality of hate was taken in adultery, in the very act. extraordinary, compelling presentation Now Moses in the law commanded us, that crimes statutes, which is questioned by such should be stoned: but what sayest thou? my friend from Oregon has made on some, it shouldn’t be. The Supreme This they said, tempting him, that they this issue. I have had the good oppor- Court has already responded to their might have to accuse him. But Jesus stooped tunity to work with him for a good legitimacy. Motive has always been a down, and with his finger wrote on the number of years. I always find that factor in determining whether a crime ground, as though he heard them not. when he speaks on this issue, as he has in fact occurred. So when they continued asking him, he does on other issues of war and peace, Mr. President, when you and I went lifted up himself, and said unto them, He he is able to get to the heart and the that is without sin among you, let him first to law school, took a class in crimes, cast a stone at her. soul of these matters. Today, he has one of the first things we learned you And again he stooped down, and wrote on described the moral requirements pre- have to do to establish the commission the ground. sented to us on the issue of hate

VerDate Aug 31 2005 00:26 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G26SE6.013 S26SEPT1 hmoore on PRODPC68 with HMSENATE S12088 CONGRESSIONAL RECORD — SENATE September 26, 2007 crimes, and he has done that in a very My Governor now, Deval Patrick, premacist web site, illegally possessing thoughtful and sensitive way, besides was the head of the division in the Jus- weapons and explosive powder and gre- explaining in a very detailed way not tice Department during this period of nade parts, lying to investigators, and only the underlying legislation but the time, when I had a chance to meet him. other charges. compelling reasons for it at this time. We find when we take action, when we In December 1995, two paratroopers One can say that, on this legislation, are serious, we are saying to the Amer- in a skinhead gang at Fort Bragg now is the time, to repeat those won- ican people we are going to fight hate gunned down a black couple in a ran- derful words of Dr. King; that now is crimes and violence with both hands dom, racially motivated double murder the time for action. instead of one hand tied behind our that shocked the Nation and led to a Senator SMITH has reminded us why backs, as we are doing now with the re- major investigation of extremism in this legislation is so important now on strictions we have, using all our crime- the military. The killers were eventu- the Defense authorization bill. We can- fighting ability, we will be a more fair ally sentenced to life in prison, and 19 not let another day, really hours, go by and safer land. That is what this legis- other members of their division were without this legislation. It reminds us lation is about. dishonorably discharged for neo-Nazi of not only the moral compulsion but I am going to take a few minutes to gang activities. also why it is necessary to put this as remind the Senate about why this is a As Senator SMITH points out, in 1992, an amendment onto the Defense au- particular issue in the military. It is Allen Schindler, a sailor in the Navy thorization bill. As we are facing ter- also outside the military, but I will was viciously murdered by two fellow rorism abroad, we also want to deal just mention some of the incidents. sailors because of his sexual orienta- with terrorism here at home; and as we The Senator from Oregon mentioned tion. Seven years later, PFC Barry are looking at the values those serving some, but I wish to take a few mo- Winchell, an infantry soldier in the abroad are fighting for against the ter- ments to elaborate on this question. Army, was brutally slain for being per- rorist elements abroad, it is important At a time when our ideals are under ceived as gay. These incidents prompt- to reaffirm them and make them con- attack by terrorists in other lands, it ed the military to implement guide- sistent with our best instincts. I com- is more important than ever to dem- lines to prevent this type of violence, mend the Senator for his presentation onstrate that we practice what we but there is more that we can do. We on this issue. preach, and that we are doing all we have to send a message that these We are hopeful, Senator SMITH and I, can to root out the bigotry and preju- crimes won’t be tolerated against any we will have the chance to actually dice in our own country that leads to member of society. vote on this measure. As he has point- violence here at home. These examples clearly demonstrate ed out, this is not a new issue or ques- Crimes motivated by hate because of the relevance of this amendment to the tion for this body. This is one of those the victim’s race, religion, ethnic military. We can’t tolerate hate-moti- issues we have had a chance to debate, background, sexual orientation, dis- vated violence and must do all we can debate, debate, and debate. The House ability, or gender are not confined to to protect our men and women in uni- of Representatives has taken a very the geographical boundaries of our form. clear and compelling stand. We have great Nation. The current conflicts in A disturbing trend has also been dis- voted, the majority of the membership the Middle East and Northern Ireland, covered in the military. Last year, the of this body, Democrat and Republican, the ethnic cleansing campaigns in Bos- Southern Poverty Law Center reported in Republican Senates and Democratic nia and Rwanda, or the Holocaust itself that members of hate groups have been Senates, to take action on this pro- demonstrate that violence motivated entering into the military. As recruit- posal. We don’t need a great amount of by hate is a world-wide danger, and we ers struggle to fulfill their quotas, they time to deal with this issue, but it is have a special responsibility to combat are being forced to accept recruits who appropriate that we lay out this case it here at home. may be extremists, putting our soldiers for it, and I welcome the chance to This amendment will strengthen the at higher risk of hate motivated vio- make some comments on it today. I am Defense Authorization Act by pro- lence. This can’t be tolerated. We must hopeful we will have the opportunity to tecting those who volunteer to serve in stem the tide of hatred and bigotry by proceed to it. the military. The vast majority of our sending a loud and clear message that I was in the Senate when we passed soldiers serve with honor and distinc- hate crimes will be punished to the the first hate crimes legislation in 1968, tion. These men and women put their fullest extent of the law. after the death of Dr. King. lives on the line to ensure our freedom Since the September 11 attacks, we We started off with strong legisla- and for that, we are truly grateful. have seen a shameful increase in the tion. It was cut back and cut back, so Sadly, our military bases are not im- number of hate crimes committed now we find that basically it is ineffec- mune from the violence that comes against Muslims, Sikhs, and Americans tive in dealing with hate crimes for a from hatred—and even though mem- of Middle Eastern descent. Congress number of the reasons the Senator has bers of the military put their lives on has done much to respond to the vi- outlined, because of the kinds of re- the line for us every day—they have cious attacks of September 11. We have strictions that have been placed on it. not been immune from hate-motivated authorized the use of force against ter- Again we are reminded of the need for violence. Just last month, the FBI ar- rorists and those who harbor them in this legislation. With the passage of rested members of the 82nd Airborne other lands. We have enacted legisla- this legislation, we will be, hopefully, a Division in Fayetteville, NC, and tion to provide aid to victims and their safer and more secure nation. charged them with selling stolen mili- families, to strengthen airport secu- Legislation has real implications tary property to an agent they believed rity, to improve the security of our when it is effective. I believe this legis- was a white supremacist. The pair al- borders, to strengthen our defenses lation is effective. I can remember legedly sold drugs and bulletproof against bioterrorism, and to give law years ago, when we had the series of vests, and were also reportedly inter- enforcement and intelligence officials church burnings in the southern part of ested in selling an Army Humvee and enhanced powers to investigate and our Nation, we passed here at that weapons. Officials said the two men prevent terrorism. time—it was Lauch Faircloth and my- had been seen at a white supremacist Protecting the security of our home- self—additional responsibility for in- rally. One of them had a page on the land is a high priority, and there is vestigation and working with the pros- Web with photos of him posing with more that we should do to strengthen ecution by the Federal Bureau of Inves- military weapons, statements about our defenses against hate that comes tigation in these circumstances and en- his Nazi heroes, and racist rants from from abroad. There is no reason why hanced support for local law enforce- his network of friends. Congress should not act to strengthen ment and State law enforcement in the In December 2006, a Coast Guard pro- our defenses against hate that occurs prosecution of these church burnings. curement officer was given a bad con- here at home. We saw a dramatic alteration and duct discharge and sentenced to a year Hate crimes are a form of domestic change in the pattern of church burn- in a military brig for posting Ku Klux terrorism. They send the poisonous ings. Klan recruitment fliers on a white su- message that some Americans deserve

VerDate Aug 31 2005 00:26 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G26SE6.031 S26SEPT1 hmoore on PRODPC68 with HMSENATE September 26, 2007 CONGRESSIONAL RECORD — SENATE S12089 to be victimized solely because of who laws. Many of the victims in these life. The current law did not apply to they are. Like other acts of terrorism, cases have been denied justice for dec- this horrific crime, because enjoyment hate crimes have an impact far greater ades, and for some, justice will never of a Federal park is not a Federally than the impact on the individual vic- come. protected right. tims. They are crimes against entire Our bill corrects two major defi- Current law must also be strength- communities, against the whole Na- ciencies in current law. Excessive re- ened to deter horrific mass shootings tion, and against the fundamental strictions require proof that victims where women are singled out as vic- ideals on which America was founded. were attacked because they were en- tims because of their gender. They are a violation of all our country gaged in certain ‘‘federally protected Crimes against individuals based on stands for. activities.’’ And the scope of the law is sexual orientation or gender identity Since the September 11 attacks, the limited, covering hate crimes based on also cause immense pain and suffering. Nation has been united in our effort to race, religion, or ethnic background In 1993, Brandon Teena was raped and root out the cells of hatred around the alone. beaten in Humboldt, NE, by two male world. We should not turn a blind eye The federally protected activity re- friends. The local sheriff refused to ar- to acts of hatred and terrorism here at quirement is outdated, unwise and un- rest the offenders, and they later shot and stabbed Brandon to death. home. necessary, particularly when we con- In 2001, Fred C. Martinez, Jr., a Nav- Attorney General Ashcroft put it sider the unjust outcomes of this requirement. Hate crimes now occur in a ajo, openly gay, transgender youth, well when he said: was murdered while walking home variety of circumstances, and citizens Just as the United States will pursue, pros- from a party in Cortez, CO. The killer, are often targeted during routine ac- ecute, and punish terrorists who attack Shaun Murphy, had traveled from New America out of hatred for what we believe, tivities that should be protected. Mexico to Colorado with a friend in we will pursue, prosecute and punish those For example, in June 2003, six Latino order to sell illegal drugs. He met Fred who attack law-abiding Americans out of ha- teenagers went to a family restaurant at a carnival that night, and the next tred for who they are. Hatred is the enemy of on Long Island. They knew one another morning, while driving, he saw Fred justice, regardless of its source. from their involvement in community walking down the street. Shaun and his Now more than ever, we need to act activities and had come together to against hate crimes and send a strong friend offered Fred a ride and dropped celebrate one of their birthdays. As him off close to home. Shortly there- message here and around the world they entered the restaurant, three men that we will not tolerate crimes fueled after, Shaun attacked Fred and beat who were leaving the bar assaulted him to death with a large rock. His by hate. them, pummeling one boy and severing Hate is hate regardless of what na- body was discovered several days later. a tendon in his hand with a sharp weap- The attackers bragged about this vi- tion it originates in. We can send a on. During the attack, the men yelled cious crime, describing the victim with strong message about the need to racial slurs and one identified himself vulgar epithets. eradicate hate crimes throughout the as a skinhead. The killer could not be charged with world by passing this hate crimes Two of the men were tried under the a hate crime, because no State or Fed- amendment to the Defense Department current Federal hate crimes law and eral law protecting gender identity ex- authorization bill. The hate crimes were acquitted. The jurors said the isted. He received a 40 year sentence amendment we are offering today con- Government failed to prove that the under a plea agreement, and will be eli- demns the poisonous message that attack took place because the victims gible for parole in 25 years. His victim some human beings deserve to be vic- weren’t engaged in a federally pro- did not live long enough to see his 20th timized solely because of their race, re- tected activity—using the restaurant birthday. ligion, or sexual orientation and must did not qualify under current law. That These examples graphically illus- not be ignored. This action is long case is only one example of the inad- trate the senseless brutality our fellow overdue. When the Senate approves equate protection under the current citizens face simply for being who they this amendment, we will send a mes- status quo. Our bill will eliminate the are. They also highlight the impor- sage about freedom and equality that federally protected activity require- tance of passing this legislation. will resonate around the world. ment. Under this bill, the defendants The vast majority of us in Congress According to FBI statistics, nearly 25 who left the courtroom as free men have recognized the need for this legis- people are victimized each and every would almost certainly have left in lation since it was first introduced— day because of their race, religion, sex- handcuffs through a different door. nearly 10 years ago. With the support ual orientation, ethnic background, or The bill also recognizes that some of 31 cosponsors, Senator SMITH and I disability. Some argue that hate hate crimes are committed against urge your support of this bipartisan crimes are actually decreasing because people because of their sexual orienta- bill. the total number of hate crimes in 2005 tion, their gender, their gender iden- The House has come through on their was slightly lower than in 2004. But the tity, or their disability. It is up to Con- side and passed the bill. Now it is time FBI data reflects only a fraction of gress to make sure that tough Federal for the Senate to do the same. This hate crimes, because so many of these penalties apply to those who commit year, we can get it done. We came close crimes routinely go unreported. The these types of hate crimes as well. twice before. In 2000 and 2002, a majority of Senators voted to pass this legis- Southern Poverty Law Center esti- Passing this bill will send a loud and lation. In 2004, we had 65 votes for the mates the total number of hate crimes clear message. All hate crimes will face bill and it was adopted as part of the per year is close to 50,000. Every hate Federal prosecution. Action is long Defense authorization bill. But—that crime is one too many. We need to overdue. There are too many stories strengthen the ability of Federal, State time—it was stripped out in con- and too many victims. ference. and local governments to prevent, in- In October 2002, two deaf girls in This year, we have an opportunity to vestigate and prosecute these vicious Somerville, MA, one of whom was in a pass it in both the Senate and the and senseless crimes. wheelchair from cerebral palsy, were House, and enact it into law. We can’t The existing Federal hate crime stat- harassed and sexually assaulted by four afford to lose this opportunity. We ute was passed in 1968, a few weeks suspected gang members in a local must do all we can to end these sense- after the assassination of Dr. Martin park. Although the alleged perpetra- less crimes. Luther King, Jr. It was an important tors were charged in the incident, the Mr. President, I suggest the absence step forward at the time, but it is now assaults could not be charged as hate of a quorum. a generation out of date. The absence crimes because there is no Federal pro- The PRESIDING OFFICER. The of effective legislation has undoubtedly tection for a hate crime against a dis- clerk will call the roll. resulted in the failure to solve many abled person. The legislative clerk proceeded to hate-motivated crimes. The recent ac- In 1999, four women in Yosemite Na- call the roll. tion of the Justice Department in re- tional Park were attacked by a man The PRESIDING OFFICER (Mr. opening forty civil-rights-era murders who admitted to having fantasized CASEY). The assistant majority leader demonstrates the need for adequate about killing women for most of his is recognized.

VerDate Aug 31 2005 03:06 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G26SE6.039 S26SEPT1 hmoore on PRODPC68 with HMSENATE S12090 CONGRESSIONAL RECORD — SENATE September 26, 2007 Mr. DURBIN. Mr. President, I ask to supplement America’s workforce be- ory: a young man who, as I walked unanimous consent that the order for cause we do not have enough skilled through the ranks of Illinois marines, the quorum call be rescinded. people. And here we have a group of handed me a brown envelope and said: The PRESIDING OFFICER. Without people who are graduates of high Senator, can you help me become a cit- objection, it is so ordered. school, prepared to go to college or izen? I would really like to vote some- Mr. DURBIN. Mr. President, I ask serve in our military, who, under our day. unanimous consent to speak as in law as currently written, are being You do not easily forget that kind of morning business. told: Leave. We do not need you. We do a request from a young man who later The PRESIDING OFFICER. Without not want you. that day would strap on his body objection, it is so ordered. If you meet these people, you will armor, his helmet, take his weapon, f come to understand the potential they and go out and fight alongside Amer- bring to America’s future: the young ican citizens who were also members of THE DREAM ACT Korean-American woman I met the Marine Corps. The same is true in Mr. DURBIN. Mr. President, during through my office, who is an accom- the Army; the same is true in many of the course of the deliberation on this plished pianist, plays classical piano in our military services. We do not make Defense authorization bill, it has been symphonies and has been accepted at it a condition of military service that my intention to offer an amendment to the most prestigious music school in you be a citizen, only that you cur- the so-called DREAM Act. The DREAM America to forward her career in rently be a legal resident. Act is a narrowly tailored, bipartisan music; a young Indian girl who is Of course, we know, sadly, that if measure that would give a select group studying to be a dentist at a university that soldier or another one like him of undocumented young people in in Illinois; a young Hispanic male who was killed in combat, we would award America the chance to become legal has just completed his graduate degree them citizenship posthumously. Does residents if they came to this country at an Illinois university in microbi- that sound right? Does it sound right as children, are currently long-term ology whose goal is to be a researcher that someone who is willing to serve, U.S. residents, have good moral char- for either a government agency or a defend our country, take an oath of acter, no criminal record, and are will- pharmaceutical company, looking for loyalty to our Nation, risk his life, per- ing to either enlist in the U.S. military cures for diseases. haps be injured, does it make sense for or to attend college for at least 2 years. Future nurses, future teachers, fu- us to say to them: Well, you are good, The cosponsors of this amendment ture doctors, scientists, and engineers, good enough to serve in the military include Senators HAGEL, LUGAR, I have met them. They are the valedic- but not good enough to be an American HATCH, BINGAMAN, BOXER, CANTWELL, torians of their high school classes, citizen? CLINTON, FEINSTEIN, KERRY, LEAHY, they are the role models for kids in Now, think of those young people, LIEBERMAN, MENENDEZ, MURRAY, NEL- their communities, they are people many of whom would step forward SON of Florida, and OBAMA. It is a bi- with an extraordinary wealth of talent today, raise their hand, and proudly partisan measure; it has been from the looking for a chance to prove them- serve in the military. Now, this bill, start. It says to a select group of immi- selves. the DREAM Act, does not mandate grant students who grew up in our Each and every one of them is with- military service. I would not do that. country: America is going to give you out a country, without a country be- We have a volunteer military, and I a chance. We will give you the oppor- cause they were brought to the United want to keep it that way. A student tunity to earn your way to legal status States as children by their parents who is otherwise eligible could earn if you meet each and every one of the with, as I mentioned earlier, no voice legal status by attending college as following requirements: You came to in that decision. And this is all they well. That is consistent with the spirit the United States before the age of 15; know. This is what they want. This is of a volunteer military force, that we you have been continually present in the country they identify with, the do not force young people to enlist as a the United States for at least 5 years; country they want to be part of. condition of status. you are 29 years or younger when the That is why I introduced this bill But there is a strong incentive for DREAM Act becomes law, have good some 5 years ago and have worked on it military service. Those who analyze it moral character, have not engaged in ever since. People ask: Why would you say, you know what. These young peo- criminal activity or terrorist activity offer the DREAM Act as an amendment ple who would be eligible to serve in of any kind, not participated in alien to the Defense authorization bill? Well, the military through the DREAM Act smuggling; you have graduated from a there are pretty compelling reasons for are exactly the kind of people we want. U.S. high school; and you will serve in doing that. We are having trouble re- A 2004 survey by the Rand Corporation the military or attend college for at cruiting and retaining soldiers for our found that 45 percent of Hispanic least 2 years. Army. We are accepting more appli- males, 31 percent of Hispanic females This bill means a lot to me, but it cants for the U.S. Army who are high between the ages of 16 and 21, were means even more to a lot of young peo- school dropouts, applicants who have likely to serve in the Armed Forces. ple across this country. Time and again low scores on the military aptitude That is 45 percent of Hispanic males I run into these young men and women. test, and even some with criminal compared to 24 percent of White males; Some of them came to America as tod- backgrounds. 31 percent of Hispanic females com- dlers, as infants. They were brought Under the DREAM Act, thousands of pared to 10 percent of White women. into this country by their parents, cer- well-qualified potential recruits for the It is important to note that immi- tainly with no voice in the decision, military would become eligible for the grants have an outstanding tradition of and they grew up here. They attended first time, and many are eager to serve service in the military. About 8,000 en- our schools. Now they have reached a in the Armed Forces, to stand up for list each year, those with legal status point in their lives where they want to the country they love and the country but not in the DREAM Act category. go forward to make decisions about they want to be part of. Last night, like many Americans, I their careers. They are frustrated be- Under the DREAM Act, they have a watched a documentary prepared by cause they have no legal status. strong incentive to enlist because it Kenneth Burns called ‘‘The War,’’ I have run into specific cases time gives them a path to permanent legal about World War II. There was an espe- and again, and since I introduced this status. Most people do not know that cially touching part of it about one of bill I have met so many of these stu- in the ranks of the military today we our colleagues, Senator DANNY INOUYE dents. It strikes me as interesting that have about 40,000 men and women who of Hawaii, a man of Japanese ancestry, we are at a point in American history are not citizens of the United States. who enlisted in the Army from Hawaii that we say we do not have enough They are legal residents, but they are when our Government decided to take skilled workers, so we have to have H1– not citizens. a chance on these Japanese Americans B visa holders come in from overseas; I met some of them when I went to and see if maybe they would stand up engineers, scientists, doctors, nurses Iraq and went to a Marine Corps camp. for America, even to fight our enemies, who come in for 3-year periods of time One in particular sticks in my mem- which included the nation of Japan.

VerDate Aug 31 2005 00:26 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G26SE6.014 S26SEPT1 hmoore on PRODPC68 with HMSENATE September 26, 2007 CONGRESSIONAL RECORD — SENATE S12091 They hoped to get 1,500 draftees out of Thomas Wenski is bishop of Orlando, would we hold these children respon- Hawaii. FL. He issued a statement on behalf of sible? When DANNY INOUYE, our colleague, the U.S. Catholic Bishops supporting When I hear some of the critics talk volunteered and enlisted, he was one of the DREAM Act. I would like to read it about the millions who will benefit 10,000 who stepped forward to serve. He into the Record: from this, those numbers don’t match told this touching story of taking the For those who call this legislation an am- up to reality. To qualify for this, you streetcar with his dad, off to catch the nesty, I say shame on you. These are chil- have to graduate from high school. boat for military training, and how his dren who were brought to this country ille- Fifty percent of Hispanic students dad reminded him how good this coun- gally through no fault of their own . . . The don’t graduate from high school. So al- try had been to him and to his family United States is the only country and home ready these students have beaten the many of them know. and urged him to serve with honor and Are we to deport some of our future leaders odds. Then how many of these same never dishonor his family’s name. to a country they do not know in the name Hispanic students go on to finish the DANNY INOUYE told that story like no of an unjust law? Should we forsake these first year of college? An even smaller one else could because, of course, he young people because we lack the political percentage. The numbers go down. So served and became an officer in the will and courage to provide them a just rem- we are talking about an elite group of U.S. Army. During an invasion in Italy, edy? students with great potential who can he was gravely wounded, lost his left Our elected officials should resist the make this a greater nation, and we are arm, and was awarded the Congres- voices of dissension and fear this time and vote for the DREAM Act. By investing in talking about an elite group of undocu- sional Medal of Honor for the valor he these young people, our nation will receive mented students willing to risk their showed in combat. People worried at benefits for years to come. It also is the lives for America. that time whether they should take a right and moral thing to do. I ask my colleagues to cast aside chance with Japanese Americans. Last week, John Sweeney, president some of the rhetoric which is divisive Could we really trust them? Would of the AFL–CIO, issued a statement. He and sometimes unfair about these they really fight for America and be said: young people. Take the time to meet loyal? DANNY INOUYE and thousands of [The DREAM Act] will go a long way in them. Sit down and talk to them. You others proved that they would. remedying the injustices that these hard- will see in their faces and in their con- The same question is being raised working and law-abiding children face. We versation the kind of idealism, the about these young people. These are strongly support passage of the DREAM Act kind of aspiration for a greater Amer- young people who are undocumented. ... ica we can only hope for from the next They don’t technically have citizen- Students who qualify for the DREAM Act generation. ship. They certainly don’t have one in are graduating at the top of their class; they I yield the floor and suggest the ab- America. They are asking for a chance are honor roll students, star athletes and valedictorians. They have lived in the United sence of a quorum. to serve. We are told they want to States most of their lives; this is the only The PRESIDING OFFICER. The serve in greater numbers than most country they know. These children are as clerk will call the roll. others. committed to their communities and to this The legislative clerk proceeded to A recent study by the Center for country as their American-born classmates. call the roll. Naval Analyses concluded ‘‘non-citi- Yet, because they lack legal status, they do Mr. DURBIN. Mr. President, I ask zens have high rates of success while not have the same opportunities to edu- unanimous consent that the order for serving [in the military]—they are far cation or to a decent job. the quorum call be rescinded. more likely . . . to fulfill their enlist- This is the choice the DREAM Act The PRESIDING OFFICER. Without ment obligations than their U.S.-born presents to us. We can allow a genera- objection, it is so ordered. counterparts.’’ tion of immigrant students with great Mr. DURBIN. I ask unanimous con- The Pentagon recognizes the merit of potential and ambitions to contribute sent to speak in morning business. the DREAM Act. Bill Carr, Acting more fully to our society and national The PRESIDING OFFICER. Without Under Secretary of Defense for Mili- security or we can relegate them to a objection, it is so ordered. tary Personnel Policy, recently said future in the shadows, which would be f that the DREAM Act is ‘‘very appeal- a loss for all Americans. ing’’ to the military because it would Since I introduced this bill about 5 CHIP REAUTHORIZATION apply to the ‘‘cream of the crop of stu- years ago, I have run into many of Mr. DURBIN. Mr. President, 10 years dents.’’ Mr. Carr concluded that the these same students. Life goes on for ago the Senate created the Children’s DREAM Act would be ‘‘good for readi- them. They don’t qualify for Federal Health Insurance Program to help ness.’’ loans, for grants. They are trying to States provide health coverage for low- The DREAM Act is also supported by make it through college. They borrow income kids across America. It is a broad coalition of military experts, the money and try to come up with it, known as CHIP. It provides cost-effec- education, business, labor, civil rights delay their education, if they can. Oc- tive health coverage to millions of and religious leaders from across the casionally, in the few weeks when I get kids. It is truly the biggest success political spectrum and around the back in their neighborhoods, they will story in health care in America in the country. Last week, I received a letter come and see me. They will walk up to past decade. We have reduced the num- supporting the DREAM Act from over me and say: Senator, what is new with ber of uninsured children in our Nation 60 national organizations: the Amer- the DREAM Act? It isn’t just an idle by one-third. With the help of the CHIP ican Federation of State and County question of someone who might follow program, my State of Illinois launched Municipal Employees, the American legislative activity; this is a question a statewide initiative to cover all kids, Federation of Teachers, the Anti-Defa- which will decide their lives for them. setting an important precedent for mation League, the American Baptist It will decide whether we cast them other States to follow. Over 300,000 kids Churches, Asian-American Justice Cen- aside, reject them, say we don’t need in Illinois have insurance, but there ter, the Association of Jesuit Colleges their talent and dreams and their are still thousands more we need to and Universities, Episcopal Migration idealism or whether we will vote for reach. Ministries, Hebrew Immigrant Aid So- this bill and give these young people a The 15 million uninsured children in ciety, U.S. Hispanic Chamber of Con- chance. America in 1997 are now 9 million na- gress, the Jesuit Conference, the Jew- When I hear some describe this as tionwide. That is still far too many. ish Council for Public Affairs, the amnesty, I wonder, if someone is will- Unfortunately, the Bush administra- Leadership Conference on Civil Rights, ing to risk his or her life to serve in tion does not view the Senate bill as Lutheran Immigration and Refugee our military in a combat zone, is that the carefully crafted compromise it is Services, National Council of Jewish a giveaway? Is that citizenship for but sees it as a threat—in their words, Women, National Council of La Raza, nothing? I don’t think so. It has really ‘‘a step down the path of government- National Education Association, Serv- been fundamental that we don’t hold run health care for every American.’’ ice Employees International Union, children responsible for the errors and Let me assure them, this bill falls far and UNITE HERE. crimes of their parents. Why, then, short of anything resembling universal

VerDate Aug 31 2005 00:26 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G26SE6.016 S26SEPT1 hmoore on PRODPC68 with HMSENATE S12092 CONGRESSIONAL RECORD — SENATE September 26, 2007 coverage. It leaves millions of kids still In a poll conducted for the Campaign worse, or a strep throat or a child without health insurance and millions for Tobacco Free Kids, two-thirds of struggling with asthma or diabetes. of working parents and working adults those interviewed—67 percent—favor These are kids who need basic health in a similar uninsured status. But it is this tax increase across America; 28 protection and do not have it today. progress. percent oppose it. Moreover, nearly They are not the poorest of the poor. The President’s proposal to add just half—49 percent—strongly favor it. Those kids already have help from our $5 billion over the next 5 years isn’t Only 20 percent strongly oppose it. Government. These kids I am talking enough. At that level, hundreds of It is the right thing to do for our about are the children of working fami- thousands of people will likely lose kids’ health and for the public’s health. lies, working families who, unfortu- coverage. At that level, we start mov- We have had good, bipartisan coopera- nately, have no health insurance at ing backward, pushing kids and fami- tion on this measure. It has been our their workplace. We are trying to ex- lies out of coverage and increasing the highest priority since the Democrats pand the coverage of health insurance. number of uninsured. This is no sur- took control of Congress at the begin- The President says it is unfair to pri- prise. This President has seen a dra- ning of this year. We have tried to vate health insurance companies for us matic increase of uninsured children work together, and we have worked to- to expand this program. I could not dis- for the first time since 1998, since he gether successfully. agree more. Private health insurance took office. The number of uninsured I want to especially salute, on our companies are doing quite well. They children rose to 8.7 million in 2006, up side of the aisle, Senator MAX BAUCUS, do not need any more help from us. The from 8 million in 2005—a 9-percent in- chairman of the Finance Committee, fact that these kids do not have health crease in 1 year. who has been working on this very insurance suggests these private health It is time to reauthorize the chil- closely with Senator CHUCK GRASSLEY, insurance companies either cannot or dren’s health program before it expires a Republican from Iowa. Senator will not provide them the coverage in a few days. What this bill does is GRASSLEY, Senator HATCH, and others they need. strengthen a successful bipartisan pro- have really shown extraordinary polit- I urge my colleagues, when the meas- gram. ical courage in coming together to sup- ure comes over from the House of Rep- It allows States to cover more than 9 port this measure. resentatives—which it should momen- million children who do not have Now we have to convince the Presi- tarily—that we should support it, and I health insurance. The compromise bill dent. The President said in his state- hope with numbers that say to the will allow 6.6 million children to main- ment last week: President: Please, for the sake of this tain coverage and allow States to reach Members of Congress are putting health country, for the sake of our families, almost 4 million more. The House and coverage for poor children at risk so they and for the sake of the kids—the mil- Senate have worked out a delicate bi- can score political points in Washington. lions of kids who will have health in- partisan compromise. We know it is Well, I am sorry to say I disagree surance coverage—please, do not veto time to put party labels aside and do with the President on this. We are this important children’s health insur- something about health care, particu- working with the President’s party, ance bill. larly for our children. many Republicans in the Senate and in I yield the floor and suggest the ab- How do we pay for it? It is an honest the House, to improve this important sence of a quorum. question, and a good one. The invest- program. The PRESIDING OFFICER. The ment in the Children’s Health Insur- Last night, on the House floor, there clerk will call the roll. ance Program is paid for by increasing was a vote on this program, 265 to 159. The legislative clerk proceeded to the Federal tax on cigarettes, with pro- Forty-five Republicans joined almost call the roll. portional increases for other tobacco all of the Democratic House Members Mr. LEVIN. Mr. President, I ask products. in support. It is a shame the President unanimous consent that the order for I know there are some people who refuses to consider the needs of mil- the quorum call be rescinded. think this is unfair to smokers. But I lions of families who would be bene- The PRESIDING OFFICER. Without have to tell them, their habit, their ad- fited from additional children’s health objection, it is so ordered. diction to nicotine and tobacco comes insurance coverage. f at great expense not only to them per- Let me close by saying a word about sonally but to this Nation. We know the cost of this program. This program UNANIMOUS CONSENT higher tobacco prices will make it less is likely to cost us $6 billion a year. AGREEMENT—H.R. 1585 likely kids will use tobacco products. Mr. President, $6 billion is a substan- Mr. LEVIN. Mr. President, I ask So it is a win-win situation. You see, if tial sum of money to add more children unanimous consent that the Senate these tobacco companies do not hook to health insurance coverage. Measure now resume consideration of H.R. 1585, our kids at an early age, while they are that $6 billion a year against this war— and immediately after the bill is re- still kids and have not thought it a war that costs us $12 billion a month, ported the debate time be 2 minutes through, they might never get them a war for which this President will equally divided and controlled between addicted. come and ask $200 billion in the next 2 the leaders or their designees with re- So you see, the vast majority of weeks. spect to the following pending amend- smokers today started smoking before But this measure that costs $6 billion ments: Biden amendment No. 2997 and the age of 16. The addiction starts, and a year is an amount of money that Kyl-Lieberman amendment No. 3017; it doesn’t end until one out of three of pales in comparison with what the that each amendment be modified with them die from this tobacco addiction. President is going to ask us to con- the changes at the desk, and that no What stops a kid from smoking? tinue to spend on the war in Iraq. His amendments be in order to either Well, sometimes good parental advice request will be near $200 billion. Mr. amendment prior to the vote; that or more—and a high price. When to- President, $200 billion for a war in Iraq, upon the use or yielding back of time, bacco costs a lot of money, kids don’t $200 billion for helping the people of without further intervening action or buy it. It is a simple fact. It is econom- Iraq, the President believes we can af- debate, the Senate proceed to vote in ics. If there is one thing you want to do ford. But he argues we cannot afford $6 relation to the Biden amendment, as to stop kids from becoming addicted to billion for more health insurance for modified; that upon the disposition of tobacco, raise the price of the product. America’s children. that amendment, there be 2 minutes of Each time you raise it a nickel or a I believe a strong America begins at debate equally divided and controlled dime or a quarter or 50 cents, you end home. It begins with strong schools prior to a vote in relation to the Kyl- up with fewer kids smoking. That is and strong families and strong commu- Lieberman amendment, as modified; what is going to happen. So we will not nities and strong neighborhoods. And it that each amendment be subject to a only raise money from the tobacco tax begins with health care—health care to 60-vote threshold, and that if the to pay for health insurance for kids, we bring peace of mind to parents who amendment does not achieve that will have fewer kids addicted to to- otherwise worry that tomorrow that threshold, it be withdrawn; and that bacco. earache may turn into something the second vote in this sequence be

VerDate Aug 31 2005 00:40 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G26SE6.017 S26SEPT1 hmoore on PRODPC68 with HMSENATE September 26, 2007 CONGRESSIONAL RECORD — SENATE S12093 limited to 10 minutes; further that The amendments (No. 2997), as modi- (i) to support an Iraqi political settlement upon disposition of these amendments, fied, and (No. 3017), as modified, are as based on federalism; the next amendment in order be follows: (ii) to acknowledge the sovereignty and Coburn amendment No. 2196. territorial integrity of Iraq; and AMENDMENT NO. 2997, AS MODIFIED (iii) to fulfill commitments for the urgent The PRESIDING OFFICER. Is there At the end of subtitle C of title XV, add the delivery of significant assistance and debt objection? following: relief to Iraq, especially those made by the Mr. KYL. Mr. President, reserving SEC. 1535. SENSE OF CONGRESS ON FEDERALISM member states of the Gulf Cooperation Coun- the right to object, I want to make an IN IRAQ. cil; observation and thank all the people (a) FINDINGS.—Congress makes the fol- (B) further calling on Iraq’s neighbors to who were involved in this effort. For lowing findings: pledge not to intervene in or destabilize Iraq our colleagues who might be listening, (1) Iraq continues to experience a self-sus- and to agree to related verification mecha- taining cycle of sectarian violence. the reason there is an agreement and nisms; and (2) The ongoing sectarian violence presents (C) convening a conference for Iraqis to there will be no objection is because a threat to regional and world peace, and the reach an agreement on a comprehensive po- people on both sides of the aisle were longterm security interests of the United litical settlement based on the federalism willing to make some concessions to States are best served by an Iraq that is sta- law approved by the Iraqi Parliament on Oc- the others with regard to the wording ble, not a haven for terrorists, and not a tober 11, 2006; of these two resolutions. I would hope threat to its neighbors. (3) the United States should urge the Gov- they would be both strongly supported. (3) A central focus of al Qaeda in Iraq has ernment of Iraq to quickly agree upon and I have no objection. been to turn sectarian divisions in Iraq into implement a law providing for the equitable sectarian violence through a concentrated distribution of oil revenues, which is a crit- The PRESIDING OFFICER. Without series of attacks, the most significant being objection, it is so ordered. ical component of a comprehensive political the destruction of the Golden Dome of the settlement based upon federalism; Mr. LEVIN. Mr. President, I also Shia al-Askariyah Mosque in Samarra in (4) the steps described in paragraphs (1), would give notice that it is our inten- February 2006. (2), and (3) could lead to an Iraq that is station, since we are alternating back and (4) Iraqis must reach a comprehensive and ble, not a haven for terrorists, and not a forth, that the next amendment we will sustainable political settlement in order to threat to its neighbors; and attempt to call up will be the Webb achieve stability, and the failure of the (5) nothing in this Act should be construed amendment No. 2999, but that is not Iraqis to reach such a settlement is a pri- in any way to infringe on the sovereign mary cause of violence in Iraq. part of the UC agreement. rights of the nation of Iraq. (5) Article One of the Constitution of Iraq At the end of subtitle C of title XV, add the f declares Iraq to be a ‘‘single, independent following: federal state’’. CONCLUSION OF MORNING SEC. 1535. SENSE OF SENATE ON IRAN. (6) Section Five of the Constitution of Iraq BUSINESS declares that the ‘‘federal system in the Re- (a) FINDINGS.—The Senate makes the fol- The PRESIDING OFFICER. Morning public of Iraq is made up of a decentralized lowing findings: (1) General David Petraeus, commander of business is now closed. capital, regions, and governorates, and local administrations’’ and enumerates the expan- the Multi-National Force-Iraq, stated in tes- f sive powers of regions and the limited powers timony before a joint session of the Com- NATIONAL DEFENSE AUTHORIZA- of the central government and establishes mittee on Armed Services and the Com- mittee on Foreign Affairs of the House of TION ACT FOR FISCAL YEAR 2008 the mechanisms for the creation of new federal regions. Representatives on September 10, 2007, that The PRESIDING OFFICER. Under (7) The federal system created by the Con- ‘‘[i]t is increasingly apparent to both coali- the previous order, the Senate will restitution of Iraq would give Iraqis local con- tion and Iraqi leaders that Iran, through the sume consideration of H.R. 1585, which trol over their police and certain laws, in- use of the Iranian Republican Guard Corps the clerk will report. cluding those related to employment, edu- Qods Force, seeks to turn the Shi’a militia The legislative clerk read as follows: cation, religion, and marriage. extremists into a Hezbollah-like force to (8) The Constitution of Iraq recognizes the serve its interests and fight a proxy war A bill (H.R. 1585) to authorize appropria- against the Iraqi state and coalition forces tions for fiscal year 2008 for military activi- administrative role of the Kurdistan Re- gional Government in 3 northern Iraqi prov- in Iraq’’. ties of the Department of Defense, for mili- (2) Ambassador Ryan Crocker, United tary construction, and for defense activities inces, known also as the Kurdistan Region. (9) The Kurdistan region, recognized by the States Ambassador to Iraq, stated in testi- of the Department of Energy, to prescribe Constitution of Iraq, is largely stable and mony before a joint session of the Com- military personnel strengths for such fiscal peaceful. mittee on Armed Services and the Com- year, and for other purposes. (10) The Iraqi Parliament approved a fed- mittee on Foreign Affairs of the House of Pending: eralism law on October 11th, 2006, which es- Representatives on September 10, 2007, that Nelson (NE)(for Levin) amendment No. tablishes procedures for the creation of new ‘‘Iran plays a harmful role in Iraq. While 2011, in the nature of a substitute. federal regions and will go into effect 18 claiming to support Iraq in its transition, Warner (for Graham-Kyl) amendment No. months after approval. Iran has actively undermined it by providing 2064 (to amendment No. 2011), to strike sec- (11) Iraqis recognize Baghdad as the capital lethal capabilities to the enemies of the tion 1023, relating to the granting of civil of Iraq, and the Constitution of Iraq stipu- Iraqi state’’. rights to terror suspects. lates that Baghdad may not merge with any (3) The most recent National Intelligence Kyl-Lieberman amendment No. 3017 (to federal region. Estimate on Iraq, published in August 2007, amendment No. 2011), to express the sense of (12) Despite their differences, Iraq’s sec- states that ‘‘Iran has been intensifying as- the Senate regarding Iran. tarian and ethnic groups support the unity pects of its lethal support for select groups Biden amendment No. 2997 (to amendment and territorial integrity of Iraq. of Iraqi Shia militants, particularly the JAM No. 2011), to express the sense of Congress on (13) Iraqi Prime Minister Nouri al-Maliki [Jays al-Mahdi], since at least the beginning federalism in Iraq. stated on November 27, 2006, ‘‘[t]he crisis is of 2006. Explosively formed penetrator (EFP) Reid (for Kennedy-Smith) amendment No. political, and the ones who can stop the attacks have risen dramatically’’. 3035 (to the language proposed to be stricken cycle of aggravation and bloodletting of in- (4) The Report of the Independent Commis- by amendment No. 2064), to provide Federal nocents are the politicians’’. sion on the Security Forces of Iraq, released assistance to States, local jurisdictions, and (b) SENSE OF CONGRESS.—It is the sense of on September 6, 2007, states that ‘‘[t]he Com- Indian tribes to prosecute hate crimes. Congress that— mission concludes that the evidence of Iran’s Motion to recommit the bill to the Com- (1) the United States should actively sup- increasing activism in the southeastern part mittee on Armed Services, with instructions port a political settlement in Iraq based on of the country, including Basra and Diyala to report back forthwith, with Reid amend- the final provisions of the Constitution of provinces, is compelling. . . It is an accepted ment No. 3038, to change the enactment date. Iraq that create a federal system of govern- fact that most of the sophisticated weapons Reid amendment No. 3039 (to the instruc- ment and allow for the creation of federal re- being used to ‘defeat’ our armor protection tions of the motion to recommit), of a tech- gions, consistent with the wishes of the Iraqi comes across the border from Iran with rel- nical nature. people and their elected leaders; ative impunity’’. Reid amendment No. 3040 (to amendment (2) the active support referred to in para- (5) General (Ret.) James Jones, chairman No. 3039), of a technical nature. graph (1) should include— of the Independent Commission on the Secu- Casey (for Hatch) amendment No. 3047 (to (A) calling on the international commu- rity Forces of Iraq, stated in testimony be- amendment No. 2011), to require comprehen- nity, including countries with troops in Iraq, fore the Committee on Armed Services of the sive study and support for criminal inves- the permanent 5 members of the United Na- Senate on September 6, 2007, that ‘‘[w]e tigations and prosecutions by State and tions Security Council, members of the Gulf judge that the goings-on across the Iranian local law enforcement officials. Cooperation Council, and Iraq’s neighbors— border in particular are of extreme severity

VerDate Aug 31 2005 00:40 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G26SE6.019 S26SEPT1 hmoore on PRODPC68 with HMSENATE S12094 CONGRESSIONAL RECORD — SENATE September 26, 2007 and have the potential of at least delaying to these talks, stating that ‘‘I laid out the Who yields time? our efforts inside the country. Many of the concerns we had over Iranian activity that Mr. LEVIN. Senator BIDEN will con- arms and weapons that kill and maim our was damaging to Iraq’s security, but found trol the time. soldiers are coming from across the Iranian no readiness on Iranians’ side at all to en- Mr. BIDEN. Mr. President, I yield border’’. gage seriously on these issues. The impres- back my time. (6) General Petraeus said of Iranian sup- sion I came with after a couple rounds is port for extremist activity in Iraq on April that the Iranians were interested simply in CONSTITUTIONAL REVIEW COMMISSION 26, 2007, that ‘‘[w]e know that it goes as high the appearance of discussions, of being seen Mr. LEVIN. Mr. President, I have dis- as [Brig. Gen. Qassem] Suleimani, who is the to be at the table with the U.S. as an arbiter cussed with the Senator from Delaware head of the Qods Force . . . We believe that of Iraq’s present and future, rather than ac- modifying his amendment expressing he works directly for the supreme leader of tually doing serious business . . . Right now, the sense of Congress on Federalism in the country’’. I haven’t seen any sign of earnest or serious- Iraq. (7) Mahmoud Ahmedinejad, the president ness on the Iranian side’’. My concern with the wording of the of Iran, stated on August 28, 2007, with re- (15) Ambassador Crocker testified before spect to the United States presence in Iraq, amendment stems from the fact that Congress on September 11, 2007, stating that the Iraqi Sunnis did not participate that ‘‘[t]he political power of the occupiers is ‘‘[w]e have seen nothing on the ground that collapsing rapidly. Soon we will see a huge would suggest that the Iranians are altering fully in the drafting of the constitution power vacuum in the region. Of course we what they’re doing in support of extremist of Iraq and the Sunni community voted are prepared to fill the gap’’. elements that are going after our forces as overwhelmingly against it but were un- (8) Ambassador Crocker testified to Con- well as the Iraqis’’. able to prevent its adoption in a ref- gress, with respect to President (b) SENSE OF SENATE.—It is the sense of the erendum. As a result of their dis- Ahmedinejad’s statement, on September 11, Senate— satisfaction with the constitution, an 2007, that ‘‘[t]he Iranian involvement in (1) that the manner in which the United agreement was made to convene a Con- Iraq—its support for extremist militias, States transitions and structures its mili- training, connections to Lebanese Hezbollah, tary presence in Iraq will have critical long- stitutional Review Commission to re- provision of munitions that are used against term consequences for the future of the Per- view the constitution and to make rec- our force as well as the Iraqis—are all, in my sian Gulf and the Middle East, in particular ommendations for changes to the Iraqi view, a pretty clear demonstration that with regard to the capability of the Govern- Council of Representatives for submis- Ahmedinejad means what he says, and is al- ment of the Islamic Republic of Iran to pose sion to the Iraqi people. One of the ready trying to implement it to the best of a threat to the security of the region, the benchmarks that the Iraqi political his ability’’. prospects for democracy for the people of the (9) General Petraeus stated on September leaders agreed among themselves region, and the health of the global econ- called for the Constitutional Review 12, 2007, with respect to evidence of the com- omy; plicity of Iran in the murder of members of (2) that it is a critical national interest of Commission to be formed by Sep- the Armed Forces of the United States in the United States to prevent the Govern- tember 2006; for the Commission to Iraq, that ‘‘[t]e evidence is very, very clear. ment of the Islamic Republic of Iran from complete its work by January 2007; and We captured it when we captured Qais turning Shi’a militia extremists in Iraq into for a constitutional amendments ref- Khazali, the Lebanese Hezbollah deputy com- a Hezbollah-like force that could serve its in- erendum to be held, if required, in mander, and others, and it’s in black and terests inside Iraq, including by over- white . . . We interrogated these individuals. March 2007. whelming, subverting, or co-opting institu- The Constitutional Review Commis- We have on tape . . . Qais Khazali himself. tions of the legitimate Government of Iraq; When asked, could you have done what you sion has not completed its work despite (3) that the United States should designate several extensions of time; the most re- have done without Iranian support, he lit- Iran’s Islamic Revolutionary Guards Corps erally throws up his hands and laughs and as a foreign terrorist organization under sec- cent extension being until the end of says, of course not . . . So they told us about tion 219 of the Immigration and Nationality this year. In recognition of the agree- the amounts of money that they have re- Act and place the Islamic Revolutionary ment to have a Constitutional Review ceived. They told us about the training that Guards Corps on the list of Specially Des- Committee, the legislation estab- they received. They told us about the ammu- ignated Global Terrorists, as established nition and sophisticated weaponry and all of lishing procedures for the creation of under the International Emergency Eco- that that they received’’. new federal regions in Iraq will not go nomic Powers Act and initiated under Exec- (10) General Petraeus further stated on into effect until 18 months after enact- utive Order 13224; and September 14, 2007, that ‘‘[w]hat we have got ment of the legislation, which is April (4) that the Department of the Treasury is evidence. This is not intelligence. This is should act with all possible expediency to 2008. evidence, off computers that we captured, complete the listing of those entities tar- Accordingly, I appreciate the modi- documents and so forth . . . In one case, a 22- geted under United Nations Security Council fications that Senator BIDEN is making page document that lays out the planning, to his amendment to reflect that the reconnaissance, rehearsal, conduct, and Resolutions 1737 and 1747 adopted unani- aftermath of the operation conducted that mously on December 23, 2006 and March 24, political settlement regarding fed- resulted in the death of five of our soldiers in 2007, respectively. eralism referred to in his amendment Insert prior to section (6) the following: should be based upon the ‘‘final’’ provi- Karbala back in January’’. (16) Ambassador Crocker further testified (11) The Department of Defense report to before Congress on September 11, 2007, with sions of the Iraq constitution. This will Congress entitled ‘‘Measuring Stability and respect to talks with Iran, that ‘‘I think that allow for the possibility of changes Security in Iraq’’ and released on September it’s an option that we want to preserve. Our being made as a result of the work of 18, 2007, consistent with section 9010 of Pub- first couple of rounds did not produce any- the Constitutional Review Commis- lic Law 109–289, states that ‘‘[t]here has been thing. I don’t think that we should either, sion. I also appreciate Senator BIDEN’s no decrease in Iranian training and funding therefore, be in a big hurry to have another of illegal Shi’a militias in Iraq that attack modifying the amendment to note that round, nor do I think we should say we’re not whatever the political settlement is, be Iraqi and Coalition forces and civilians . . . going to talk anymore . . . I do believe it’s Tehran’s support for these groups is one of important to keep the option for further dis- it pursuant to the current or revised the greatest impediments to progress on rec- cussion on the table.’’ constitutional provisions, it should be onciliation’’. (17) Secretary of Defense Robert Gates based on the ‘‘wishes of the Iraqi peo- (12) The Department of Defense report fur- stated on September 16, 2007 that ‘‘I think ple and their elected leaders’’ as we ther states, with respect to Iranian support that the administration believes at this don’t want to suggest that we are try- for Shi’a extremist groups in Iraq, that point that continuing to try and deal with ‘‘[m]ost of the explosives and ammunition ing to impose anything on the Iraqis. the Iranian threat, the Iranian challenge, Mr. BIDEN. Mr. President, I want to used by these groups are provided by the Ira- through diplomatic and economic means is nian Islamic Revolutionary Guard Corps– by far the preferable approach. That’s the thank my colleague from Michigan for Qods Force . . . For the period of June one we are using . . . we always say all op- his suggestions. I believe that fed- through the end of August, [explosively tions are on the table, but clearly, the diplo- eralism and the creation of federal re- formed penetrator] events are projected to matic and economic approach is the one that gions would be in the best interest of rise by 39 percent over the period of March we are pursuing.’’ the Iraqi people and holds great prom- through May’’. The PRESIDING OFFICER. Under ise for a political settlement among (13) Since May 2007, Ambassador Crocker the previous order, there will now be 2 the Iraqi political leadership. I know has held three rounds of talks in Baghdad on Iraq security with representatives of the minutes of debate equally divided and that my friend is particularly con- Government of the Islamic Republic of Iran. controlled between the two leaders or cerned about the opposition of the (14) Ambassador Crocker testified before their designees on the Biden amend- Sunni community to the constitution. Congress on September 10, 2007, with respect ment. I agree with him that, at, the time of

VerDate Aug 31 2005 03:06 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\A26SE6.001 S26SEPT1 hmoore on PRODPC68 with HMSENATE September 26, 2007 CONGRESSIONAL RECORD — SENATE S12095 adoption of the constitution, the Nelson (NE) Sanders Stevens we should move to act against Iranian Pryor Schumer Sununu Sunnis were opposed to many aspects Reed Shelby Tester forces inside Iraq. We can and we of it including those provisions relat- Reid Smith Warner should use economic pressure against ing to federalism among others. But in Roberts Snowe Webb those who aid and abet attacks on our my last visit to Iraq, my conversations Rockefeller Specter Whitehouse forces and against Iraqis. The adminis- Salazar Stabenow Wyden with key Sunni leaders reveals a sea tration already has the authority to do change in thinking. There is a growing NAYS—23 these things and it should be doing recognition by the Sunni leadership Alexander Cornyn Hagel them. that Sunnis will not get a fair shake if Allard Craig Inhofe Arguably, if we had a different Presi- Barrasso Crapo Kyl dent who abided by the meaning and they are at the mercy of a strong cen- Bond DeMint Sessions tral government controlled by their ri- Bunning Dole Thune intent of laws we pass, I might support vals in the Islamist Shiacamp. One key Burr Enzi Vitter this amendment. I fear, however, that Coburn Feingold Voinovich this President might use the designa- leader told me that he now understands Corker Graham that federalism is the best option for tion of Iran’s Revolutionary Guard the Sunnis. Nonetheless, it is not my NOT VOTING—2 Corps as a terrorist entity as a pretext intention to forego the possibility that McCain Obama to use force against Iran as he sees fit. the Iraqi Constitutional Review Com- The PRESIDING OFFICER. On this While this may sound far-fetched to mission may recommend changes to vote, the yeas are 75, the nays are 23. some, my colleagues should examine their constitution nor that the United Under the previous order, requiring 60 the record in two particular instances. States should seek to impose a settle- votes for the adoption of the amend- First, is the misuse of the authority ment on the Iraqis. I would note, how- ment, the amendment is agreed to. that we granted the President in 2002 ever, at in the last draft proposed by Mr. BIDEN. Mr. President, I move to to back our diplomacy with the threat the commission on May 23, 2007, none reconsider the vote. of force. My colleagues will remember of the proposed changes would revoke Mr. WARNER. I move to lay that mo- that, at the time, we voted to give the any of the provisions of the constitution on the table. President a strong hand to play at the tion which permit the creation of fed- The motion to lay on the table was U.N. to get the world to speak with one eral regions. However, in deference to agreed to. voice to Saddam: let the inspectors the Senator’s concerns, I have amended AMENDMENT NO. 3017 back in and disarm or be disarmed. We the language to account for the possi- The PRESIDING OFFICER. Under thought that would make war less like- bility of the issue of regions being re- the previous order, there will now be 2 ly. opened by the Iraqis. minutes of debate, equally divided, But in the 5 months between our vote Mr. President, I yield the floor. prior to a vote in relation to amend- and the invasion of Iraq, the ideologues Mr. KYL. Mr. President, I am check- ment No. 3017, offered by the Senator took over. The President went to war ing to see if there is anybody on our from Arizona. unnecessarily, without letting the side who wishes to speak for any Who yields time? weapons inspectors finish their work, amount of time. The Senator from Connecticut is rec- without a real coalition, without I yield back the remainder of my ognized. enough troops, without the right equip- time. Mr. LIEBERMAN. Mr. President, ment, and without a plan to secure the The PRESIDING OFFICER. All time very briefly, this amendment is a sense peace. is yielded back. The question is on of the Senate introduced by Senator The second example is the adminis- agreeing to the Biden amendment, as KYL and me. The findings document tration’s twisting of our vote on the amended. the evidence that shows that Iran, Iraq Liberation Act of 1998 as an en- Mr. LEVIN. Mr. President, I ask for working through its Islamic Revolu- dorsement of military action against the yeas and nays. tionary Guard Corps, has been training Iraq. Let me quote the Vice President The PRESIDING OFFICER. Is there a and equipping Iraqi extremists who are from November 2005: sufficient second? killing American soldiers—hundreds of Permit me to burden you with a bit more them. history: In August of 1998, the U.S. Congress There appears to be a sufficient sec- passed a resolution urging President Clinton ond. This sense of the Senate calls on the administration to designate the Is- take ‘appropriate action’ to compel Saddam The clerk will call the roll. to come into compliance with his obligations The legislative clerk called the roll. lamic Revolutionary Guard Corps as a to the Security Council. Not a single senator Mr. DURBIN. I announce that the terrorist organization, allowing us to voted no. Two months later, in October of Senator from Illinois (Mr. OBAMA) is exert economic pressure on those ter- ’98—again, without a single dissenting vote necessarily absent. rorists who also do business and to stop in the United States Senate—the Congress Mr. LOTT. The following Senator is them from killing Americans. passed the Iraq Liberation Act. It explicitly Because some of our colleagues adopted as American policy supporting ef- necessarily absent: the Senator from forts to remove Saddam Hussein’s regime Arizona (Mr. MCCAIN). thought paragraphs 3 and 4 of the sense of the Senate may have opened the from power and promoting an Iraqi democ- The PRESIDING OFFICER. Are there racy in its place. And just two months after any other Senators in the Chamber de- door to some kind of military action signing the Iraq Liberation law, President siring to vote? against Iran, Senator KYL and I have Clinton ordered that Iraq be bombed in an ef- The result was announced—yeas 75, struck them from the amendment. fort to destroy facilities that he believed nays 23, as follows: That is not our intention. In fact, our were connected to Saddam’s weapons of mass intention is to increase the economic destruction programs. [Rollcall Vote No. 348 Leg.] pressure on Iran and the Islamic Revo- The Vice President made this argu- YEAS—75 lutionary Guard Corps so that we will ment despite this explicit section of Akaka Collins Klobuchar never have to consider the use of the the Iraq Liberation Act: ‘‘Nothing in Baucus Conrad Kohl Bayh Dodd Landrieu military to stop them from what they this Act shall be construed to author- Bennett Domenici Lautenberg are doing to kill our soldiers. ize or otherwise speak to the use of Biden Dorgan Leahy Mr. BIDEN. Mr. President, I will op- United States Armed Forces.’’ Bingaman Durbin Levin pose the Kyl-Lieberman amendment Boxer Ensign Lieberman These examples are relevant to the Brown Feinstein Lincoln for one simple reason: this administra- debate today. Brownback Grassley Lott tion cannot be trusted. The Authorization for the Use of Byrd Gregg Lugar I am very concerned about the evi- Military Force approved in September Cantwell Harkin Martinez Cardin Hatch McCaskill dence that suggests that Iran is en- 2001 would appear to limit the scope of Carper Hutchison McConnell gaged in destabilizing activities inside authority it contains to the terrorists Casey Inouye Menendez Iraq. I believe that many of the steps who conducted or aided the attacks of Chambliss Isakson Mikulski the Senators from Connecticut and Ar- 9/11, or harbored them. But the Presi- Clinton Johnson Murkowski Cochran Kennedy Murray izona suggest be taken to end this ac- dent and his lawyers have frequently Coleman Kerry Nelson (FL) tivity can be taken today. We can and argued for a broad reading of this law,

VerDate Aug 31 2005 00:40 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\A26SE6.010 S26SEPT1 hmoore on PRODPC68 with HMSENATE S12096 CONGRESSIONAL RECORD — SENATE September 26, 2007 and believe they are fighting a ‘‘glob- [Rollcall Vote No. 349 Leg.] SEC. ll. NDIC CLOSURE. al’’ war on terrorism. In letters to Con- YEAS—76 Notwithstanding any other provision of gress under the war powers resolution, this Act, none of the funds authorized to be Akaka Dole Murkowski appropriated by this Act may be used for the the President has stated that he will Alexander Domenici Murray National Drug Intelligence Center (NDIC) lo- ‘‘direct additional measures as nec- Allard Dorgan Nelson (FL) Barrasso Durbin cated in Johnstown, Pennsylvania, except essary’’ in the exercise of self-defense Nelson (NE) Baucus Ensign Pryor those activities related to the permanent and ‘‘to protect U.S. citizens and inter- Bayh Enzi Reed closing of the NDIC and to the relocation of ests’’ as part of this global war. Bennett Feinstein Reid activities performed at NDIC deemed nec- Bond Graham Roberts essary or essential by the Secretary of De- I do not think the suggestion that Brownback Grassley Rockefeller fense, in consultation with the appropriate the President designate an arm of the Bunning Gregg Salazar government of Iran as a ‘‘terrorist’’ en- Burr Hatch Federal agencies. Cardin Hutchison Schumer tity provides any authority to do any- Sessions Mr. COBURN. Mr. President, I ask Carper Inhofe unanimous consent that I be given 30 thing. After all, it is a nonbinding Casey Isakson Shelby measure. But this administration al- Chambliss Johnson Smith minutes to speak on this subject. I ready has an unduly broad view of the Clinton Kohl Snowe have every intention of speaking less Coburn Kyl Specter than that, but this is to allow me the scope of executive power, particularly Cochran Landrieu Stabenow in time of war. I do not want to give Coleman Lautenberg Stevens flexibility to do so. the President and his lawyers any ar- Collins Levin Sununu I also plan on reserving that time gument that Congress has somehow au- Conrad Lieberman Thune until such time as we come back from Corker Lott Vitter our policy luncheon. thorized military actions. The lesson of Cornyn Martinez Voinovich The PRESIDING OFFICER. Is there the last several years is that we must Craig McConnell Warner be cautious about acting impulsively Crapo Menendez Whitehouse objection? on legislation which can be mis- DeMint Mikulski Mr. LEVIN. Reserving the right to construed, and misused to justify ac- NAYS—22 object, is there any time agreement on tions that Congress did not con- Biden Hagel Lugar this amendment? template. Bingaman Harkin McCaskill The PRESIDING OFFICER. There is Boxer Inouye With a different President who had a Sanders not. Brown Kennedy Tester Without objection, it is so ordered. different track record, I could vote to Byrd Kerry Webb The Senator from Oklahoma. support this amendment. But given Cantwell Klobuchar Wyden Dodd Leahy Mr. COBURN. Mr. President, I sug- this President’s actions and misuse of Feingold Lincoln authority, I cannot support the amend- gest the absence of a quorum. The PRESIDING OFFICER. The ment. NOT VOTING—2 clerk will call the roll. The PRESIDING OFFICER. The Sen- McCain Obama The bill clerk proceeded to call the ator from Virginia is recognized. The PRESIDING OFFICER. On this roll. Mr. WEBB. Mr. President, I have vote, the yeas are 76, the nays are 22. Mrs. MCCASKILL. Mr. President, I grave concerns about this amendment. Under the previous order requiring 60 ask unanimous consent that the order I spoke at length on the floor yester- votes for the adoption of this amend- for the quorum call be rescinded. day about them. We have never charac- ment, the amendment is agreed to. The PRESIDING OFFICER. Without terized an entity of a foreign govern- Mr. LIEBERMAN. Mr. President, I objection, it is so ordered. ment as a foreign terrorist organiza- move to reconsider the vote. Mrs. MCCASKILL. Mr. President, I tion. If we are saying that the Iranian Mr. LEVIN. I move to lay that mo- ask unanimous consent that the mo- Revolutionary Guard is conducting ter- tion on the table. tion and all pending amendments be rorist activities, what we are saying, in The motion to lay on the table was set aside. effect, is that the Revolutionary Guard agreed to. The PRESIDING OFFICER. Without is conducting military activities The PRESIDING OFFICER. The Sen- objection, it is so ordered. against us. This has the danger of be- ator from Oklahoma. AMENDMENT NO. 2999, AS MODIFIED, TO coming a de facto authorization for AMENDMENT NO. 2196 TO AMENDMENT NO. 2011 AMENDMENT NO. 2011 military force against Iran. Mr. COBURN. Mr. President, I ask Mrs. MCCASKILL. Mr. President, on We have not had one hearing. I rec- unanimous consent that the pending behalf of Senator WEBB and myself, I ommended yesterday that the amend- motion and amendments be set aside, call up amendment No. 2999 and ask ment be withdrawn so we can consider and that amendment No. 2196 be called that the amendment be modified with it in the appropriate committees. I op- up. the changes at the desk. pose passage at this time in the hope The PRESIDING OFFICER. Is there The PRESIDING OFFICER. The that we can get further discussion. objection? clerk will report. I yield the floor. Mr. LEVIN. Reserving the right to The bill clerk read as follows: The PRESIDING OFFICER. All time object—and I won’t—is this the amend- The Senator from Missouri [Mrs. has expired. ment which the unanimous consent MCCASKILL], for Mr. WEBB, for himself, Mrs. Mr. WARNER. Mr. President, I ask agreement, previously arrived at, re- MCCASKILL, Ms. KLOBUCHAR, Mr. BROWN, Mr. for the yeas and nays. ferred to? CASEY, Mr. TESTER, Mr. CARDIN, Mr. The PRESIDING OFFICER. Is there a Mr. COBURN. It is. WHITEHOUSE, Mr. SANDERS, Mr. LEVIN, Mr. sufficient second? There is a sufficient The PRESIDING OFFICER. Without CARPER, Mrs. FEINSTEIN, Mr. KERRY, Mr. second. objection, it is so ordered. JOHNSON, Mrs. BOXER, Mr. OBAMA, Mr. LEAHY, Mr. HARKIN, Ms. STABENOW, Mr. The question is on agreeing to the The clerk will report. DODD, Ms. LANDRIEU, Mr. FEINGOLD, Mr. amendment. The bill clerk read as follows: BAYH, Mr. PRYOR, and Mr. BYRD, proposes an The clerk will call the roll. The Senator from Oklahoma [Mr. COBURN] amendment numbered 2999, as modified, to The bill clerk called the roll. proposes an amendment numbered 2196. amendment No. 2011. Mr. DURBIN. I announce that the Mr. COBURN. Mr. President, I ask Mrs. MCCASKILL. Mr. President, I Senator from Illinois (Mr. OBAMA) is unanimous consent that the reading of ask unanimous consent that the read- necessarily absent. the amendment be waived. ing of the amendment be dispensed Mr. LOTT. The following Senator is The PRESIDING OFFICER. Without with. necessarily absent: the Senator from objection, it is so ordered. The PRESIDING OFFICER. Without Arizona (Mr. MCCAIN). The amendment is as follows: objection, it is so ordered. The amend- The PRESIDING OFFICER (Mr. (Purpose: To eliminate wasteful spending ment is so modified. MENENDEZ). Are there any other Sen- and improve the management of counter- The amendment (No. 2999), as modi- ators in the Chamber desiring to vote? drug intelligence) fied, is as follows: The result was announced—yeas 76, At the appropriate place, insert the fol- At the end of subtitle C of title XV, add the nays 22, as follows: lowing: following:

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SEC. 1535. STUDY AND INVESTIGATION OF WAR- (C) PARTICULAR DUTIES.—In carrying out wartime contracts and contracts for contin- TIME CONTRACTS AND CON- the study under this paragraph, the Commis- gency operations. TRACTING PROCESSES IN OPER- sion shall assess— (5) OTHER POWERS AND AUTHORITIES.— ATION IRAQI FREEDOM AND OPER- (i) the extent and impact of the reliance of (A) HEARINGS AND EVIDENCE.—The Commis- ATION ENDURING FREEDOM. the Federal Government on contractors to sion or, on the authority of the Commission, (a) COMMISSION ON WARTIME CON- perform functions (including security, intel- any subcommittee or member thereof, may, TRACTING.— ligence, and management functions) in Oper- for the purpose of carrying out this sub- (1) ESTABLISHMENT.—There is hereby estab- ation Iraqi Freedom and Operation Enduring section— lished a commission to be known as the Freedom; (i) hold such hearings and sit and act at ‘‘Commission on Wartime Contracting’’ (in (ii) the performance of the contracts under such times and places, take such testimony, this subsection referred to as the ‘‘Commis- review, and the mechanisms used to manage receive such evidence, administer such sion’’). the performance of the contracts under re- oaths; and (2) MEMBERSHIP MATTERS.— view; (ii) subject to subparagraph (B)(i), require, (A) MEMBERSHIP.—The Commission shall (iii) the extent of waste, fraud, abuse, or by subpoena or otherwise, require the at- be composed of 8 members, as follows: mismanagement under such contracts; tendance and testimony of such witnesses (i) 2 members shall be appointed by the (iv) the extent to which those responsible and the production of such books, records, Majority Leader of the Senate, in consulta- for such waste, fraud, abuse, or mismanage- correspondence, memoranda, papers, and tion with the Chairmen of the Committee on ment have been held financially or legally documents, Armed Services and the Committee on accountable; as the Commission or such designated sub- Homeland Security and Governmental Af- (v) the appropriateness of the organiza- committee or designated member may deter- fairs of the Senate. tional structure, policies, practices, and re- mine advisable. (ii) 2 members shall be appointed by the sources of the Department of Defense and (B) SUBPOENAS.— Speaker of the House of Representatives, in the Department of State for handling contin- (i) ISSUANCE.— consultation with the Chairmen of the Com- gency contract management and support; (I) IN GENERAL.—A subpoena may be issued mittee on Armed Services and the Com- and under subparagraph (A) only— mittee on Oversight and Government Reform (vi) the extent of the misuse of force or (aa) by the agreement of the chairman and of the House of Representatives. violations of the laws of war or federal stat- the vice chairman; or (iii) 1 member shall be appointed by the utes by contractors. (bb) by the affirmative vote of 5 members Minority Leader of the Senate, in consulta- (4) REPORTS.— of the Commission. tion with the Ranking Minority Members of IGNATURE (A) INTERIM REPORT.—On January 15, 2009, (II) S .—Subject to subclause (I), the Committee on Armed Services and the the Commission shall submit to Congress an subpoenas issued under this subparagraph Committee on Homeland Security and Gov- interim report on the study carried out may be issued under the signature of the ernmental Affairs of the Senate. under paragraph (3), including the results chairman or any member designated by a (iv) 1 member shall be appointed by the Mi- and findings of the study as of that date. majority of the Commission, and may be nority Leader of the House of Representa- served by any person designated by the (B) OTHER REPORTS.—The Commission may tives, in consultation with the Ranking Mi- from time to time submit to Congress such chairman or by a member designated by a majority of the Commission. nority Member of the Committee on Armed other reports on the study carried out under (ii) ENFORCEMENT.— Services and the Committee on Oversight paragraph (3) as the Commission considers (I) IN GENERAL.—In the case of contumacy and Government Reform of the House of Rep- appropriate. resentatives. or failure to obey a subpoena issued under (C) FINAL REPORT.—Not later than two clause (i), the United States district court (v) 1 member shall be appointed by the years after the date of the appointment of all for the judicial district in which the subpoe- Secretary of Defense. of the members of the Commission under naed person resides, is served, or may be (vi) 1 member shall be appointed by the paragraph (2), the Commission shall submit found, or where the subpoena is returnable, Secretary of State. to Congress a report on the study carried out (B) DEADLINE FOR APPOINTMENTS.—All ap- may issue an order requiring such person to under paragraph (3). The report shall— appear at any designated place to testify or pointments to the Commission shall be made (i) include the findings of the Commission; not later than 90 days after the date of the to produce documentary or other evidence. (ii) identify lessons learned on the con- Any failure to obey the order of the court enactment of this Act. tracting covered by the study; and (C) CHAIRMAN AND VICE CHAIRMAN.— may be punished by the court as a contempt (iii) include specific recommendations for of that court. (i) CHAIRMAN.—The chairman of the Com- improvements to be made in— (II) ADDITIONAL ENFORCEMENT.—In the case mission shall be a member of the Commis- (I) the process for developing contract re- sion selected by the members appointed of any failure of any witness to comply with quirements for wartime contracts and con- any subpoena or to testify when summoned under clauses (i) and (ii) of subparagraph (A), tracts for contingency operations; but only if approved by the vote of a major- under authority of subclause (I) or this sub- (II) the process for awarding contracts and clause, the Commission may, by majority ity of the members of the Commission. task orders for wartime contracts and con- (ii) VICE CHAIRMAN.—The vice chairman of vote, certify a statement of fact constituting tracts for contingency operations; such failure to the appropriate United States the Commission shall be a member of the (III) the process for managing and pro- Commission selected by the members ap- attorney, who may bring the matter before viding oversight for the performance of war- the grand jury for its action, under the same pointed under clauses (iii) and (iv) of sub- time contracts and contracts for contin- paragraph (A), but only if approved by the statutory authority and procedures as if the gency operations; United States attorney had received a cer- vote of a majority of the members of the (IV) the process for holding contractors Commission. tification under sections 102 through 104 of and their employees accountable for waste, the Revised Statutes of the United States (2 (D) In the event a Commission seat be- fraud, abuse, or mismanagement under war- U.S.C. 192 through 194). comes vacant, the nominee to fill the vacant time contracts and contracts for contin- (C) ACCESS TO INFORMATION.—The Commis- seat must be of the same political party as gency operations; sion may secure directly from the Depart- the departing commissioner. (V) the process for determining which func- ment of Defense and any other department (3) DUTIES.— tions are inherently governmental and which or agency of the Federal Government any in- (A) GENERAL DUTIES.—The Commission functions are appropriate for performance by formation or assistance that the Commission shall study and investigate the following contractors in an area of combat operations considers necessary to enable the Commis- matters: (including an area of a contingency oper- sion to carry out the requirements of this (i) Federal agency contracting for the re- ation), including a determination whether subsection. Upon request of the Commission, construction of Iraq and Afghanistan. the use of civilian contractors to provide se- the head of such department or agency shall (ii) Federal agency contracting for the curity in an area of combat operations is a furnish such information expeditiously to logistical support of coalition forces in Oper- function that is inherently governmental; the Commission. Whenever information or ation Iraqi Freedom and Operation Enduring (VI) the organizational structure, re- assistance requested by the Commission is Freedom. sources, policies and practices of the Depart- unreasonably refused or not provided, the (iii) Federal agency contracting for the ment of Defense and the Department of Commission shall report the circumstances performance of security and intelligence State handling contract management and to Congress without delay. functions in Operation Iraqi Freedom and support for wartime contracts and contracts (D) PERSONNEL.—The Commission shall Operation Enduring Freedom. for contingency operations; and have the authorities provided in section 3161 (B) SCOPE OF CONTRACTING COVERED.—The (VII) the process by which roles and re- of title 5, United States Code, and shall be Federal agency contracting covered by this sponsibilities with respect to wartime con- subject to the conditions set forth in such paragraph includes contracts entered into tracts and contracts for contingency oper- section, except to the extent that such con- both in the United States and abroad for the ations are distributed among the various de- ditions would be inconsistent with the re- performance of activities described in sub- partments and agencies of the Federal Gov- quirements of this subsection. paragraph (A), whether performed in the ernment, and interagency coordination and (E) DETAILEES.—Any employee of the Fed- United States or abroad. communication mechanisms associated with eral Government employee may be detailed

VerDate Aug 31 2005 00:40 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\A26SE6.015 S26SEPT1 hmoore on PRODPC68 with HMSENATE S12098 CONGRESSIONAL RECORD — SENATE September 26, 2007 to the Commission without reimbursement (3) SCOPE OF AUDITS OF OTHER CONTRACTS.— this as a student of history and a huge from the Commission, and such detailee Each audit conducted pursuant to paragraph fan of Harry Truman. I am honored to shall retain the rights, status, and privileges (1)(B) shall focus on a specific contract, task stand at his desk as I speak today. I am of his or her regular employment without order, or site of performance under a con- honored to follow in his tradition when interruption. tract or task order and shall examine, at a he said: War profiteering is unaccept- (F) SECURITY CLEARANCES.—The appro- minimum, one or more of the following priate departments or agencies of the Fed- issues: able, especially when you realize it is eral Government shall cooperate with the (A) The manner in which the requirements skimming away and denying the men Commission in expeditiously providing to were developed and the contract or task and women who are fighting resources. the Commission members and staff appro- order was awarded. In a very modest fashion, at a time priate security clearances to the extent pos- (B) The manner in which the Federal agen- that he, frankly, was not supporting sible pursuant to existing procedures and re- cy exercised control over the contractor’s his President, who was of his party, he quirements, except that no person shall be performance. was saying to the President: We need provided with access to classified informa- (C) The extent to which operational field to do some reform here, even though tion under this section without the appro- commanders are able to coordinate or direct priate security clearances. the contractor’s performance in an area of the President was a Democrat, just as (G) VIOLATIONS OF LAW.— combat operations. he was, and he began looking at war (i) REFERRAL TO ATTORNEY GENERAL.—The (D) The extent to which the functions per- profiteering. Frankly, that is where Commission may refer to the Attorney Gen- formed were appropriate for performance by Harry Truman first made his mark in eral any violation or potential violation of a contractor. the history books of this country. It law identified by the Commission in carrying (E) The degree to which contractor em- was because he realized this was so out its duties under this subsection. ployees were properly screened, selected, much bigger than being a Democrat or (ii) REPORTS ON RESULTS OF REFERRAL.— trained, and equipped for the functions to be Republican; it was about how we be- The Attorney General shall submit to Con- performed. gress a report on each prosecution, convic- (F) The nature and extent of any incidents have when we place men and women in tion, resolution, or other disposition that re- of misconduct or unlawful activity by con- danger on behalf of our Nation. In that sults from a referral made under this sub- tractor employees. vein, this amendment is going to try to paragraph. (G) The extent to which any incidents of take the politics out of the issue of war (6) TERMINATION.—The Commission shall misconduct or unlawful activity were re- contracting and try to make things terminate on the date that is 60 days after ported, documented, investigated, and better. Let me first summarize what the date of the submittal of its final report (where appropriate) prosecuted. under paragraph (4)(C). the amendment is going to do. (4) CONTINUATION OF SPECIAL INSPECTOR (7) CONTINGENCY OPERATION DEFINED.—In It will establish an independent and GENERAL.— this subsection, the term ‘‘contingency oper- bipartisan eight-member Commission— (A) IN GENERAL.—Notwithstanding section ation’’ has the meaning given that term in 3001(o) of the Emergency Supplemental Ap- bipartisan eight-member Commission, section 101 of title 10, United States Code. propriations Act for Defense and for the Re- four Republicans and four Democrats. (b) INVESTIGATION OF WASTE, FRAUD, construction of Iraq and Afghanistan, 2004 They will study and investigate Fed- ABUSE, AND MISMANAGEMENT.— (Public Law 108–106; 5 U.S.C. App. 8G note), eral agency contracting for reconstruc- (1) IN GENERAL.—The Special Inspector General for Iraq Reconstruction shall, in col- the Office of the Special Inspector General tion in Iraq and Afghanistan, Federal laboration with the Inspector General of the for Iraq Reconstruction shall not terminate funding and contracting for the Department of Defense, the Inspector Gen- until the date that is 60 days after the date logistical support of coalition forces in eral of the Department of State, the Inspec- of the submittal under paragraph (4)(C) of Iraq and Afghanistan, Federal con- subsection (a) of the final report of the Com- tor General of the United States Agency for tracting for the performance of secu- International Development, the Inspector mission on Wartime Contracting established by subsection (a). rity and intelligence functions in Iraq General or the Director of National Intel- and Afghanistan, and will expand the ligence, the Inspector General of the Central (B) REAFFIRMATION OF CERTAIN DUTIES AND Intelligence Agency, and the Inspector Gen- RESPONSIBILITIES.—Congress reaffirms that special inspector general’s role to in- eral of the Defense Intelligence Agency, and the Special Inspector General for Iraq Recon- clude the responsibility of logistical in consultation with the Commission on struction retains the duties and responsibil- support and security and intelligence Wartime Contracting established by sub- ities in sections 4 of the Inspector General functions. section (a), conduct a series of audits to Act of 1978 (5 U.S.C. App. 4; relating to re- Currently, the special inspector gen- identify potential waste, fraud, abuse, or ports of criminal violations to the Attorney eral, Stuart Bowen, only has jurisdic- mismanagement in the performance of— General) and section 5 of the Inspector Gen- eral Act of 1978 (5 U.S.C. App. 5; relating to tion over reconstruction funds in Iraq. (A) Department of Defense contracts and Clearly, frankly, as I met with con- subcontracts for the logistical support of co- reports to Congress) as expressly provided in alition forces in Operation Iraqi Freedom subsections (f)(3) and (i)(3), respectively, of tracting officials on my trip to Iraq and Operation Enduring Freedom; and section 3001 of the Emergency Supplemental and Kuwait, where I spent most of my (B) Federal agency contracts and sub- Appropriations Act for Defense and for the time talking to the people who have contracts for the performance of security, in- Reconstruction of Iraq and Afghanistan, taken responsibility for issuing these telligence, and reconstruction functions in 2004. contracts and monitoring these con- (c) AUTHORIZATION OF APPROPRIATIONS.— Operation Iraqi Freedom and Operation En- tracts, as I talked to all of them, I during Freedom. There is authorized to be appropriated such sums as may be required to carry out the mean at every meeting I kind of just (2) SCOPE OF AUDITS OF CONTRACTS.—Each went: Oh, my gosh, this is so bad—ex- audit conducted pursuant to paragraph (1)(A) provisions of this section. shall focus on a specific contract, task order, Mrs. MCCASKILL. Mr. President, cept when I met with the SIGIR. or site of performance under a contract or today we have an important oppor- When I met with the people who task order and shall examine, at a minimum, tunity to do some good-government. It worked for the special inspector gen- one or more of the following issues: is so hard in the context of the conflict eral, I was so comforted as an auditor. (A) The manner in which requirements in Iraq to get beyond some of the polit- These were professional auditors, and were developed. ical posturing that has, frankly, been they were on top of it. They were iden- (B) The procedures under which the con- tifying the problem, they saw the tract or task order was awarded. inevitable. As campaigns have occurred, and we have campaigns loom- shortcomings, whether they were in (C) The terms and conditions of the con- the way contracts were distributed or tract or task order. ing next year, there has been a tend- (D) The contractor’s staffing and method ency for this body to separate at the let or, frankly, not competed or wheth- of performance, including cost controls. middle and not find common ground. er they were in the monitoring of those (E) The efficacy of Department of Defense We have an opportunity this after- contracts, the definitization of those management and oversight, Department of noon to find common ground, and my contracts, the oversight of those con- State management and oversight, and job over the next few minutes is to try tracts, or the way we actually pay bo- United States Agency for International De- to convince my colleagues that this at- nuses on some of those contracts. All velopment management and oversight, in- tempt to create a War Contracting of those issues have been looked at by cluding the adequacy of staffing and training the SIGIR. They have been limited be- of officials responsible for such management Commission is not about politics, it is and oversight. about reform. cause their jurisdiction was limited. (F) The flow of information from the con- It would be hard not to notice the This will expand their jurisdiction and, tractor to officials responsible for contract scandals that have occurred in rela- most importantly, efficiently, it part- management and oversight. tionship to war contracting. I come to ners them with the Commission. So we

VerDate Aug 31 2005 00:40 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\A26SE6.015 S26SEPT1 hmoore on PRODPC68 with HMSENATE September 26, 2007 CONGRESSIONAL RECORD — SENATE S12099 do not have to hire a huge staff for this Now, are we going to have a long bu- amendment, and we have had many, Commission; they can utilize the work reaucratic commission that just does a many groups that have come to the of SIGIR, the work of the Special In- lot of testimony and we do not get to support of this. spector General for Iraq Reconstruc- the end? No. They must finish their First, the Project on Government tion, to come to conclusions about how work within 2 years. And they must, as Oversight is very strongly in favor of we can do better. I mentioned before, partner with the it. POGO particularly supports the Honestly and sincerely—I know Sen- SIGIR, partner with the Special Inspec- independent and bipartisan nature of ator WEBB and I have talked about this tor General of Iraq Reconstruction, in this Commission and the recommended at great length—this is not about a way that they can efficiently take collaboration and consultation with ‘‘gotcha,’’ this is about turning the cor- the work that has been done by a num- the special inspector general and the ner, because, let’s be honest, will there ber of different agencies and a number expansion of the role of the special in- ever be a time where we are not con- of different oversight entities, a num- spector general. tracting at this kind of level? Will we ber of different auditors and bring it OMB Watch, a Government trans- ever go back to a time when we have together and identify how do we, in a parency, fiscal policy, and regulatory Active military peeling potatoes and contingency, contract in a way that watchdog nonprofit, wants to applaud cleaning latrines? Will we ever go back takes care of taxpayers’ money? the Commission on War Contracting to a time where we have Active mili- Now, we have an election coming up. Establishment Act; that is, in fact, this tary driving all of the supply trucks? I have to tell you, I have talked to a amendment. Will we ever go back to a time where couple of my friends across the aisle, The Government Accountability we have Active military providing all and I am concerned about the vote on Project also has indicated their sup- of the security needs? I am not sure we this amendment because there is a port. The Iraq and Afghanistan Veterans of will because our struggle is to main- knee-jerk reaction. If we are talking tain a Volunteer military but provide America have indicated their support. about war contracting, this is political. The Taxpayers for Common Sense them all the support they need in This is a political witch hunt. It is the terms of logistics. has weighed in with their strong sup- D’s versus the R’s. Let me say that I do Frankly, there are some efficiencies port of this amendment. not think they have taken time to look that could be gained if we were con- The Federation of State PIRGs, pub- tracting in a way that took care of the at how bipartisan this is because if lic interest research groups, has taxpayer dollars. I do not argue that they did, I think it would assure them weighed in with their support also, and contracting might be necessary—in that this is not an attempt to do this. Common Cause has indicated this is a fact, better in some instances—but not We have to fix this, and we have to fix good government, bipartisan way to fix the way we are doing it now. it as quickly as possible. It has to do a serious problem. I may return later Now, you say: Well, there are a lot of the work within 2 years. to talk about some of the scandals. people looking at this. That may be We have modified the amendment to There have been many, many scandals. true. There have been a lot of journal- reassure my friends across the aisle Some of them are heartbreaking. Some ists who have looked at it. We have that, first of all, if one of the Presi- of them make you want to tear your certainly had various parts of the De- dent’s appointments or if one of the hair out; whether it is the way some of partment of Defense and the military, other appointments who would rep- the whistleblowers have been treated, various inspectors general, and we cer- resent the Republican Party on this whether it is contracts that have tainly have SIGIR. But let me just Commission were to quit or for some ballooned out of control, whether it is point out one thing. As one of the gen- reason not be able to continue to serve, paying bonuses to companies that erals said to me when I was in Iraq, someone of the same party must be ap- haven’t done their work, $200 million in sheepishly: You know, everything you pointed. So we are never going to get bonuses to companies that have not are seeing in terms of mistakes that to a situation if we have a new Presi- done their work. We obviously have have been made, most of them were dent that the new President could say: issues with the security company made in Bosnia. And by the way, there I am going to appoint two. If the new Blackwater and who has authority over was a lesson learned after Bosnia, ex- President were a Democrat, you would them and to whom are they account- cept there was one problem: They for- end up with six to two. able when they take action in the war got to learn the lesson. The other thing that is important to zone. It is heartbreaking that some in So if we are going to elevate this remember is we have modified the our active military—unfortunately, problem to where we really acknowl- amendment so the report of this Com- more than a few—have been charged edge that it is systemic, it is over- mission will come out after next year’s and pled guilty to actually taking arching, and it is interagency, what do election, January of 2009. What a great bribes, tens of millions of dollars in we have if we do a congressional hear- way to start a new Congress and a new their pocket. The Department of State ing? Well, first of all, we are going to Presidential term. The new President IG, there are problems with whether have a committee that has more Demo- and the new Congress can look at these the investigations have been con- crats than Republicans on it, so we recommendations—very similar to the ducted. have at the very outset the allegation 9/11 Commission, very similar to the Whether you agree that the inves- that it is political. We also have bat- Baker-Hamilton Commission—and re- tigations have occurred in the State tling turf. Is it Homeland Security and alize there are systemic institutional Department or they have not, why not Governmental Affairs? Is it Armed problems with the way we have been do a bipartisan commission that will Services? Is it Foreign Relations? Be- contacting and get it fixed. look at this fairly under the light of cause all of the problems swirl around I have met with the special inspector transparency and good government, all of those committees. How do we get general for Iraq, Mr. Bowen, and he has without the cloud of politics and accu- above the interagency issue if we do indicated his support for this approach. sations by one political party or an- not have this kind of commission? This is not about in any way dimin- other? The makeup of the Commission ishing the role of the special inspector I am especially proud of the fact that would be as follows: eight people—two general for Iraq—just the opposite. It is this is an amendment that was cospon- people appointed by the majority lead- going to give the special inspector gen- sored by the nine freshmen Democrats er in the Senate, two people appointed eral a voice that is above the political who arrived here in January. We, by the Speaker in the House, one per- din in order to issue recommendations. frankly, probably are not as well son appointed by the minority leader They are going to have their capping versed or schooled in some of the turf in the Senate, one person appointed by report ready next March. That will be fights that occur between committees. the minority leader in the House—that a great starting point for this Commis- It will be a long time before any of us gets you to six—and then one person sion, to look at SIGIR’s capping report need to worry about whether our com- appointed by the President of the of all of their work on Iraq reconstruc- mittee, as chairman or ranking mem- United States and one person ap- tion. ber, has the ability to have a hearing. pointed by Secretary Gates at the De- Let me give you a list of some of the We look at it with the eyes of the gen- partment of Defense. groups that have supported this eral public. We come here fresh from

VerDate Aug 31 2005 00:40 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G26SE6.034 S26SEPT1 hmoore on PRODPC68 with HMSENATE S12100 CONGRESSIONAL RECORD — SENATE September 26, 2007 speaking with thousands and thousands they would be looking at in a short pe- unaccounted for. We need desperately of people we represent. We hear their riod of time, 2 years—to examine the to have an independent, fair, objective frustration that billions of dollars have amounts of money that have been analysis of what has happened, what is been lost, tens upon millions of dollars spent, where this money has gone, to happening, not only for accountability have been stolen, and an incredible try to bring some accountability into but also to help us design a structure amount of money wasted in the name the system and to make their reports, for the future. Again, we are not trying of contracting. We also have 20 cospon- in some cases with legal account- to create a new bureaucracy. The com- sors on this amendment which we be- ability, and then to wrap it up and go mission will rely on the inspectors gen- lieve is very important. I welcome the home. This is not an attempt to create eral in agencies that already exist for support. a permanent standing organization most of the analysis. We are sunsetting I do emphasize that we can behave but, rather, one that can come in with the provision at 2 years. We are very today like people probably expect. We the right people, take a look at what comfortable with SIGIR’s excellent can have a 50–50 vote, and the Amer- went wrong, make a report to the performance in uncovering waste, ican public is going to sit back, if we American people and, in some cases, fraud, and abuse in Iraq of reconstruc- have a 50–50 vote, and they are going to give them their money back, since all tion projects. We believe that is proof say: What in the name is going on? of these now nearly a trillion dollars of the ability to do this on a more com- How do you get a 50–50 vote on an ef- have been spent on the wars in Iraq and prehensive and thorough level. fort, with four Republicans and four Afghanistan without a lot of account- I strongly urge our colleagues on Democrats, to get a handle on war con- ability—that is taxpayer money—to both sides of the aisle to lay aside po- tracting? How does that happen? We all try to find out how it was spent. litical differences and come together sit around and talk—I know the Repub- In most cases, it has been spent prop- with the reality that all of us have an licans talk about it; we talk about it— erly. But in those cases where it has obligation to put accountability into about our approval ratings and why our not, we want to get people their money the system for the American people approval ratings are not higher. This is back and get accountability to the peo- and, in some cases, to give people back our chance. This is our chance to say ple who did not spend it back. This is the money they spend in tax dollars for to the American public: We are spend- about improved transparency. It would programs that were wrongfully carried ing your money wisely, making sure be forward looking in terms of looking out or, in some cases, not carried out the men and women who fight get the at systemic problems and attempting at all. armor they need and the MRAPs they to address them. I yield the floor and suggest the ab- need on their humvees, instead of bil- It is more than that. This amend- sence of a quorum. lions being wasted on war profiteering. ment is supported by nearly every The PRESIDING OFFICER. The This is our chance to show them we major taxpayer watchdog group. We clerk will call the roll. can come together and overcome the are now, with the present state of the The bill clerk proceeded to call the politics of this place for the good of our Department of Defense and of the wars roll. national security and the strength of in Iraq and Afghanistan, outsourcing Mr. COBURN. I ask unanimous con- our military. war in ways that we have never seen sent that the order for the quorum call I yield the floor and suggest the ab- before in our history. Hundreds of bil- be rescinded. sence of quorum. lions of dollars have been allocated for The PRESIDING OFFICER. Without The PRESIDING OFFICER. The reconstruction and for wartime sup- objection, it is so ordered. clerk will call the roll. port, creating a strong potential for AMENDMENT NO. 2196 The bill clerk proceeded to call the fraud, waste, and abuse. This commis- Mr. COBURN. Mr. President, I have roll. sion will ensure financial account- an amendment pending. This is a Mr. WEBB. I ask unanimous consent ability in those areas where there has straightforward amendment. Over the that the order for the quorum call be been fraud, waste, and abuse with pro- last 10 years, we have spent a half-bil- rescinded. visions that allow for legal account- lion dollars of Defense Department The PRESIDING OFFICER (Mr. ability in cases of wrongdoing. money on a program run by the Justice CARDIN). Without objection, it is so or- It also will look at such organiza- Department that has achieved probably dered. tions as Blackwater, which has re- the least of any program in the entire Mr. WEBB. Mr. President, I would cently been in the news for the alleged budget of the Department. This is the like to add to the comments made by series of wrongful killings of Iraqis and National Drug Intelligence Center. It my colleague from Missouri about the excessive use of force. This is an area came into being initially through di- Truman Commission follow-on that we that has slid past us as a representa- rected spending on a Defense appro- have jointly introduced, along with tive government which is a cause for priations bill. The reason for adding other freshmen Members on the Demo- great concern for anyone who has been this amendment to the authorization cratic side, the Independent side, and involved in national security affairs bill is to preclude any further money with a total of 27 cosponsors as of this over the years. We now have in Iraq on spending on this intelligence center morning. 180,000 contractors working in a war and only allowing money to shut it I don’t think there is a more impor- where there are 160,000 troops. They are down and have it consolidated with tant or volatile issue, in terms of Gov- doing a whole panorama of chores that other intelligence centers. ernment accountability, than the issue traditionally have been done by mili- If we think about what $500 million of the expenditures that have gone into tary people, all the way from operating could be doing for us now in the De- Iraq and Afghanistan and the account- the mess halls to providing security for fense Department in the true defense of ability of not only contractors but of even, on some occasions, General our Nation and then look at the his- the quasi-military forces operating Petraeus himself. There is no account- tory of this center, this isn’t about try- there. We have put a great deal of ef- ability, none, in terms of legal ac- ing to direct things against any group fort into designing a wartime commis- countability for actions that have been of people or any Congressman or Sen- sion that was inspired by the Truman taken that result in inappropriate use ator. It is about the commonsense view Commission in World War II but has its of force and, in some cases, wrongful that we ought to be spending money in own uniqueness, given the issues of deaths of people in the area. This com- a prioritized way that gets us results. today. I am very proud to be one of the mittee would help address that. By any measure—anyone’s measure— original sponsors on this amendment. I We are also looking at basic con- including the Justice Department, all hope Members on both sides of the aisle tractor accountability. As one exam- the other national drug intelligence can support it. ple, not long ago the Special Inspector centers—all of the others—the former We are attempting, in a fair way, General for Iraq Reconstruction re- directors of this intelligence center, with experts in the field—not simply a ported that of the $32 billion at that and the directors of others, this intel- group of Senators forming a panel, time that had been spent on recon- ligence center has been looking for a bringing in experts from the areas, ex- struction and relief funds—this is State mission and has accomplished very lit- perts in competence from the areas Department programs—$9 billion was tle.

VerDate Aug 31 2005 00:40 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G26SE6.036 S26SEPT1 hmoore on PRODPC68 with HMSENATE September 26, 2007 CONGRESSIONAL RECORD — SENATE S12101 Of the two things they have accom- There being no objection, the mate- gling former steel-mill town. Law enforce- plished, one is highly expensive and not rial was ordered to be printed in the ment agencies, ordered to send employees to accurate. The other is the investiga- RECORD, as follows: the new center, had trouble finding skilled analysts or executives who would agree to tion of intelligence information cap- [From the U.S. News & World Report, May 9, live in Johnstown. Even the bosses didn’t tures on drugs and could be well done 2005] want to go. The first director, former FBI of- at any other facility we have. A DRUG WAR BOONDOGGLE ficial Doug Ball, traveled back and forth The Department of Justice believes (By Bret Schulte) from his home near Washington. His deputy, the drug center’s operations are dupli- THE WHITE HOUSE WANTS TO KILL IT, BUT A LIT- former DEA agent Jim Milford, did the same cative and reassigning their respon- TLE GOVERNMENT AGENCY MAY MANAGE TO and made no bones about it. ‘‘I’ve never sibilities would improve the manage- LIVE ON come to terms,’’ Milford says, ‘‘with the jus- ment of counterdrug intelligence ac- tification for the NDIC.’’ It merits only the briefest of mentions in In 1993, when the NDIC officially opened, tivities and would allow for funds to be the president’s new budget, but those few the congressional General Accounting Office spent on the additional hiring of more lines of type could represent the final chap- issued a damning report citing duplication drug enforcement officers. So we are ter in a long and twisted Washington saga. among 19 drug intelligence centers that al- going to have anywhere from $30 mil- Stashed away on Page 1,181 is a paragraph ready existed. And many involved in the lion to $40 million a year continued to that would effectively kill the little-known process said the idea of gathering informa- National Drug Intelligence Center, located tion from other law enforcement agencies for be spent on this center. What this sim- in Johnstown, Pa., the site of the famous ply is, in the authorization, is a prohi- strategic assessments on drug trafficking flood of 1889. Bush’s budget proposes that the just wasn’t workable. In some cases, federal bition that we will not do this. center’s $40 million annual budget be slashed law prevented agencies from sharing sen- When the Department of Justice, to $17 million—just enough to facilitate ‘‘the sitive intelligence; in others, rival agencies which is charged with running this cen- shutdown of the center and transfer of its re- simply refused to give up proprietary infor- ter, says it does not work, it is not ef- sponsibilities. . . to other Department of Jus- mation. ‘‘The bottom line,’’ Milford said, fective, it is not accomplished, and tice elements.’’ ‘‘was that we had to actually search for a should be consolidated, we have to ask If President Bush has his way, the center mission.’’ would be one of 154 programs eliminated or Stonewalled, the NDIC began operating, ef- the question: Why does it continue? It cut as part of his promise to curb federal continues through the force of directed fectively, as an extended staff for other drug spending. But as any veteran of Washing- agencies, working on projects too cum- spending in the Defense appropriations ton’s budget wars will tell you, closing even bersome, peripheral, or time-consuming for bill. a single federal program can be a herculean their own teams of intelligence analysts. The Now, how is it we have drug enforce- task. Perhaps no example is more illu- center was costing about $30 million a year, ment funded through the Defense De- minating than the NDIC, which, in its 12 but, as a former official of the drug czar’s of- partment to give the money to the De- years, has cost taxpayers at least $350 mil- fice put it bluntly, ‘‘we saw nothing’’ from partment of Justice to run a program lion. The facility has run through six direc- it. they say is ineffectual? The whole pur- tors, been rocked by scandal, and been sub- Former DEA official Dick Canas, who took jected to persistent criticisms that it should pose for this amendment is to not cas- over the NDIC in 1996—one of the few bosses have never been created at all. who actually moved to Johnstown—was de- tigate anyone but to say: Shouldn’t we Pork? In the beginning, the Johnstown termined to elevate the facility’s status. He be spending the money more wisely? center did have some friends in the White began collating and analyzing ‘‘open-source Shouldn’t we be accomplishing, with House. With the blessing of President George information’’—intelligence already available that $500 million we already spent, Herbert Walker Bush, then drug czar William to the public—and pulling it all together in something of value to the American Bennett proposed the creation of the NDIC in one place. The plan was ‘‘nonthreatening’’ to taxpayer rather than something not of 1990. Its mission: to collect and coordinate other agencies, Canas argued, and would at value? intelligence from often-feuding law enforce- least provide policymakers with a general ment agencies in order to provide a strategic overview of the war on drugs. That project This amendment would protect De- look at the war on drugs. But the Drug En- fense dollars from being misspent and morphed into an annual report called the Na- forcement Administration, worried that its tional Drug Threat Assessment, which offi- improve the management of our pre-eminent role in the drug war was slip- cials say is of some real value. counterdrug intelligence efforts by ping away, openly fought the idea. So did The Johnstown center racked up one other eliminating the wasteful spending. It many on Capitol Hill, arguing that the new success. Its ‘‘document exploitation’’ pro- would also direct the necessary funds center would duplicate the efforts of existing gram regularly dispatched analysts into the to close the NDIC. It also would say intelligence centers, notably the El Paso In- field to process files seized by other law-en- any activities that might be performed telligence Center, operated by the DEA. With forcement agencies using software it devel- little support in the law enforcement com- by the center that are deemed nec- oped called RAID (real-time analytical intel- munity, the NDIC looked all but dead. Enter ligence database). Johnstown analysts used essary, which are minimal—let me em- Congressman John Murtha. The Pennsyl- the software to organize data and help law phasize that again: minimal in terms of vania Democrat, who chaired the House Ap- enforcement agencies develop investigative all the experts we have throughout the propriations Subcommittee for Defense, leads. rest of the Government—that they tucked the enabling legislation for the cen- Cronyism? In 2000, the Clinton administra- would, in fact, be transferred to the ap- ter into a Pentagon authorization bill, with tion tried to define the center’s role more propriate agencies. the caveat that it would be placed in his dis- sharply by releasing the General In 2002, this intelligence center re- trict. Counterdrug Intelligence Plan, which re- The center was troubled from the start. ceived $42 million—$39 million, $44 mil- stricted the reach of the Johnstown center Murtha’s new drug agency was funded by the to domestic intelligence only. Canas, gone lion, $39 million, $38 million, $39 mil- Pentagon, but the Department of Justice by 1999, was replaced by another DEA execu- lion—for a total of $509 million since was authorized to run it—an arrangement tive, Mike Horn, who was the fifth interim or its inception. It is duplicative, it is un- bound to cause problems. ‘‘All of us wanted permanent director in six years; Horn kept necessary, and it is unworkable. the NDIC,’’ says John Carnevale, a former of- an apartment in Johnstown but traveled Even the former director said: Most ficial with the Office of National Drug Con- back to a home in the Washington area on of the time the work was shoddy, of trol Policy, as the drug czar’s office is weekends. poor quality, and quite often wrong. known. ‘‘But none of us wanted it in Johns- Horn’s tenure made everything that came before it seem placid. Despite the NDIC’s do- This is the same director who is no town. We viewed it as a jobs program that Mr. Murtha wanted [for his district].’’ mestic mandate, Horn and his assistant, longer there—a Mr. Horn—who was ad- Murtha bristles at implications that the Mary Lou Rodgers, made frequent trips monished by the Department of Justice Johnstown center is a boondoggle. ‘‘They say abroad to promote a new version of the RAID for his excessive spending while he was anything we do is pork barrel,’’ he fumes. software in places like Hong Kong, London, there, on travel, on international The congressman argues that the federal and Vienna, racking up nearly $164,000 in things that had nothing to do with the government should spread its facilities travel expenses in less than four years. A NDIC’s goals or direction. around the country, citing the security risk Justice Department investigation in 2003 ad- Mr. President, there have been nu- of a centralized government and cheaper op- monished Horn for ‘‘unprofessional conduct merous articles written, two of which I erating costs elsewhere. But ‘‘obviously,’’ he in. . . dealings with Ms. Rodgers,’’ but that says, ‘‘I wanted it in my district. I make no wasn’t the end of it. A letter-writing cam- ask unanimous consent to have printed apologies for that.’’ paign by NDIC employees accused Horn of in the RECORD, one being a complete Headquartered in a renovated department continued travel abuse and cronyism, dossier on this agency from US News & store downtown, the center has brought prompting another review by Justice lawyers World Report. nearly 400 federal jobs to Johnstown, a strug- last year. It was also discovered that the new

VerDate Aug 31 2005 00:40 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G26SE6.042 S26SEPT1 hmoore on PRODPC68 with HMSENATE S12102 CONGRESSIONAL RECORD — SENATE September 26, 2007 version of the RAID software promoted by growth of the war on drugs that duplicates sity, said he and a colleague used the report Horn had yet to be developed. Many NDIC in- work done elsewhere. The Bush administra- to challenge assertions by the Office of Na- siders say morale was poor. tion has tried to close it, requesting millions tional Drug Control Policy, the White House In March 2004, Associate Deputy Attorney to cover shutdown costs. agency responsible for the drug war. General David Margolis suspended Horn’s The latest salvo came last month, when The data showed illicit drugs are cheaper power to authorize travel for Rodgers. In Rep. Mike Rogers, R-Mich., tried to remove and purer today than they were in the 1980s June 2004, Margolis fired Horn. The Justice an earmark for the center, drawing Murtha’s and 1990s, said Robinson, co-author of ‘‘Lies, Department won’t comment on the matter. ire. Damned Lies, and Drug War Statistics: A Horn claims all travel was approved and says But the NDIC has persisted, despite lin- Critical Analysis of Claims Made by the Of- he has not been made to pay restitution. gering questions about its effectiveness in fice of National Drug Control Policy.’’ Some Horn blames the low morale on malcontents coordinating the efforts of federal authori- local law enforcement officials lauded the re- who resented the quality of work he de- ties to collect and analyze intelligence on ports, saying they circulated them among manded. ‘‘I recognized that a lot of reports the domestic trafficking of cocaine, heroin, their analysts. were God-awful, poorly written, poorly re- methamphetamine and other drugs. searched, and, in some cases, wrong,’’ he Acting director Irene S. Hernandez insists But John Carnevale, a former ONDCP offi- says. Some insiders say that under Horn, the the center plays a critical and unique role in cial who worked under three administrations center got as close as it ever would to pro- the nation’s anti-drug effort, and that its and four drug czars, said the center’s work ducing some truly strategic intelligence re- mission has evolved from an initial focus on was of no value to him when he was in gov- ports. Not surprisingly, in light of the mo- trafficking syndicates to its current empha- ernment, though he has since used its re- rale and other problems, others disagree. sis on broad trends. ports. Either way, the White House appears to ‘‘We can do an independent assessment of ‘‘I had access to the data well before they have had it with the NDIC. In its budget re- the drug trafficking situation, and we can did,’’ said Carnevale, now a Maryland-based port, the Office of Management and Budget say this is what’s happening,’’ Hernandez consultant. ‘‘So I pretty much ignored says ‘‘the proliferation of intelligence cen- told The Associated Press in an exclusive them.’’ interview. ‘‘There’s nobody else positioned to ters across the government has not nec- Eric Sterling, president of the Criminal do what we do.’’ essarily led to more or better intelligence, Justice Policy Foundation, an advocacy but rather more complications in the man- She said the center differs from other agencies, which may be preoccupied with group based in Maryland, said: ‘‘In many re- agement of information.’’ For the Johnstown spects it seems that their stuff is out of date. center, it’s an ironic coda, then, that the tactical operations, and informs policy mak- ers. . . . I would describe it as a tool of limited White House is simultaneously supporting a value.’’ new program—the multiagency Drug Intel- Over the years, directors have come and ligence Fusion Center. Blessed by the DEA, gone, in one case under a cloud of scandal. Critics have also questioned the center’s the fusion center will be located in the Wash- The current director, Michael F. Walther, an location 140 miles from Washington, citing ington area. It has already received $25 mil- army reservist and former federal pros- political maneuvering by Murtha. lion from Congress in start-up costs and is ecutor, is currently serving in Iraq. ‘‘I know what their capabilities are, I know The center’s funding has been precarious— what they can do, but that didn’t need to go slated to open its doors later this year. The a factor that has impeded hiring efforts, offi- idea that a different agency can do the job to Johnstown, Pennsylvania,’’ said James cials say. With a budget of $39 million annu- Mavromatis, a former director of the El Paso the NDIC failed to do has left some shaking ally, the center’s survival again appears un- their heads. ‘‘You have to ask, ‘What is the Intelligence Center, a Texas-based DEA certain as a spending bill moves through agency. master plan?’’’ said a former official in the Congress. office of the drug czar. ‘‘The answer is there The NDIC conducts what it calls strategic He said the center could have been housed is no master plan.’’ Proponents say the new assessments of illicit drug trends. It analyzes at the El Paso facility, closer to the U.S. agency will succeed because its location evidence for federal investigators and pros- border with Mexico, where most illicit drugs makes sense. ecutors, gathers intelligence, trains law en- enter the country. The NDIC had considered That doesn’t mean the NDIC is finished. It forcement officers and produces a raft of removing a team there, he said. has supporters in state and local law enforce- ports. Some of its work is classified. The NDIC’s document analysis differs comment, and even some federal officials have Its 268 employees have top secret security pletely from EPIC’s work, he added, despite come to respect its document exploitation clearance and include 121 intelligence ana- criticism they overlap completely. division. The NDIC’s biggest supporter, lysts with backgrounds as diverse as real es- though, is Murtha. ‘‘I can assure employees NDIC officials and others contend that the tate, chemistry, banking and law. It also center’s Johnstown address is hardly a hin- that the NDIC won’t be closed,’’ he said in a uses contractors, some of whom are retired public statement after Bush’s budget was re- drance. It may be an asset, they say, as its federal agents. In their midst are a small low cost of living appeals to job candidates. leased. While Murtha is no longer chair of number of analysts from the Drug Enforce- the House Appropriations Subcommittee on ment Administration and other agencies. Asa Hutchinson, a former DEA head and a Defense, he remains the ranking Democrat Hernandez, who joined the agency in 2004 former Republican congressman, said he was and a backroom dealer with few equals. In after a 27-year DEA career, points to the cen- ‘‘a fan of folks performing important govern- the Senate, Pennsylvania Republican Arlen ter’s ability to cull information from seized ment services, and not necessarily in Wash- Specter will fight to keep the center open evidence—including ledgers, phone and real ington.’’ But he conceded the center may from his seat on the Appropriations Com- estate records, computers and cell phones— need adjustments. mittee. The showdown could come as soon as and funnel that data to investigators and ‘‘I think it is underutilized,’’ he said. ‘‘I next month, when appropriations sub- prosecutors, helping them build cases think they can expand their mission, and I committees begin tackling the budget. against suspects. The center has developed think that should be examined.’’ To paraphrase Mark Twain, reports of its own software, including a program cur- An activist group, Citizens Against Gov- Johnstown center’s death may be premature. rently used by U.S. military investigators in ernment Waste, recently chided Murtha for ‘‘Barring another flood,’’ says a former law- Iraq. threatening fellow congressman Rogers with enforcement official, ‘‘I doubty you’ll see it It works with a broad range of law enforce- legislative reprisals after Rogers tried to go anywhere.’’ ment agencies, from the Federal Bureau of strike a $23 million earmark for the center. Investigation to the Internal Revenue Serv- ‘‘We’re not saying there shouldn’t be an [From the Centre Daily News, Sat., June 30, ice, and supports the National Counter ter- NDIC,’’ said David Williams, the group’s vice 2007] rorism Center’s efforts to sever ties between president for policy. ‘‘What we’re saying is, OFFICIAL: DISPUTED PA. FACILITY PLAYS drug traffickers and terrorists. VITAL PART IN DRUG WAR The NDIC assisted in an operation that led why should one member of Congress be able (By Daniel Lovering) to the arrest of one of the world’s most hunt- to set up a field office like this?’’ For years, the National Drug Intelligence ed drug traffickers, Pablo Rayo Montano, Rogers said he believed the El Paso center Center has operated quietly on the upper and helped detect growing abuse of the pain- was supposed to be the main drug intel- floors of a former department store, with killer OxyContin, officials said. ligence agency. scores of employees authorized at the high- Its marquee report, the National Drug ‘‘I strongly believe it is not a good use of est levels of government security. Threat Assessment, charts patterns of drug very valuable intelligence resources,’’ he But the Justice Department facility, which production, availability and demand. Some told The Associated Press, adding that $23 blends into the landscape of this once-thriv- law enforcement officials and academics million amounted to the salaries of hundreds ing mill town 60 miles east of Pittsburgh, praise the report, but former drug officials of DEA agents. has long caught the attention of critics in question its value as a policy instrument. The Bush administration evidently agrees. Washington. Gary L. Fisher, a professor at the Univer- Watchdog groups and lawmakers have sity of Nevada-Reno, called the report objec- Sean Kevelighan, a spokesman for the Office blasted it as a pet project of U.S. Rep. John tive and independent. ‘‘It really accurately of Management and Budget, said the center Murtha, whose special funding requests—or reflects how futile the (drug) supply control has ‘‘been slow to delineate a unique or use- earmarks—have sustained the center since it efforts have been,’’ he said. ‘‘You’ll find the ful role within the drug intelligence commu- opened in his home district in the early DEA reports are much more biased to fit nity.’’ 1990s. their agenda.’’ For that reason, the OMB’s 2008 budget re- It has been derided as a product of pork Another professor, Matthew B. Robinson of quest ‘‘fully funds all shutdown costs’’ of barrel spending and an unnecessary out- North Carolina’s Appalachian State Univer- about $16 million he said.

VerDate Aug 31 2005 01:25 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\A26SE6.006 S26SEPT1 hmoore on PRODPC68 with HMSENATE September 26, 2007 CONGRESSIONAL RECORD — SENATE S12103 Mr. COBURN. I quote from the Cen- partment so we can see we actually get and it will provide grants for State and tre Daily News of this last June: value for the money we spend. local governments struggling with the . . . the NDIC has persisted, despite lin- I am highly supportive of the amend- costs and logistics of prosecuting these gering questions about its effectiveness in ment because I think it is going to give crimes. coordinating the efforts of federal authori- us transparency, it is going to give us Some people may not think hate ties to collect and analyze intelligence on recommendations, and it is going to crimes are a real problem in this coun- the domestic trafficking of cocaine, heroin, make clear where we have confusion try. They are absolutely mistaken. In methamphetamine, and other drugs. now in how we contract and whether 2005—the most recent year we have What is at stake here? Running this we get value for our money. data on—8,380 hate crimes were re- center means we will not have enough With that, I reserve the remainder of ported. Of the single-bias incidents, 54.7 DEA agents—and we do not. Running my time and yield the floor. percent were racially motivated; 17.1 this center continues to spend $30 to The PRESIDING OFFICER. The Sen- percent were motivated by religious $40 million a year that could do great ator from New Jersey. bias; 14.2 percent resulted from sexual things for our military. Why would we AMENDMENT NO. 3035 orientation bias; 13.2 percent by eth- not want to redirect or at least pro- Mr. MENENDEZ. Mr. President, I nicity or national origin bias; and a lit- hibit the continued funding through rise to speak on an amendment that we tle under 1 percent by disability bias. this Defense authorization bill? will have a cloture vote on at some My home State of New Jersey experi- Now, there are going to be some point today or tomorrow, Senator KEN- enced at least 756 bias incidents, 47 per- claims: Why are you doing this here? NEDY’s and Senator SMITH’s Hate cent of which were based on racial bias, Why aren’t you doing it on an appro- Crimes Prevention Act—a vote by 36 percent were based on religious bias, priations bill when it comes through? which I hope the Senate will succeed, and 11 percent were based on ethnic We cannot have it both ways. We heard in a robust way, to invoke cloture and bias. I say ‘‘at least 756 bias incidents’’ in the debate on WRDA that authoriza- to move forward. because we do not know how many of tions matter, and it is important for us Nine years ago, a young man sat in a these vile attacks have gone unnoticed to have priorities. So the claim is you bar having a good time, like many and unprosecuted due to the scarce re- should not be doing this here on the young men throughout America. Not sources currently available to local law Defense authorization but, rather, on unlike thousands of young adults at enforcement. the appropriations bill. The authoriza- bars across America, this young man Now, I am proud to have been the au- tion is the place to do this, to limit the needed a ride home from the bar. So he thor of New Jersey’s landmark bias expenditure of funds on something that asked two people he had befriended for crimes law when I was in the State leg- does not pass muster by anybody’s a ride. They agreed. On the way home, islature. We said then we could not standard. they robbed him, they pistol whipped eradicate hate or bigotry in New Jer- So it is my hope that consideration him, and tied him to a fence, leaving sey with a single law, but we could will be given to this amendment, and him for dead. They committed this bru- send a strong societal message that that we will truly have the courage to tal crime for one reason—and one rea- such acts would not be tolerated. With make a vote to spend money wisely. To son only—because the victim was gay. this law, we can do the same for our continue to spend money on this center Since that time, the Congress has great Nation. means we are going to continue to been struggling to enact the Matthew Of course, you do not need to rely on throw $40 million away, according to Shepard Local Law Enforcement Hate my numbers or my experiences to the Department of Justice, which runs Crimes Prevention Act—a bill I am know that hate crimes are alive and this center, in something that will not proud to cosponsor. It has received bi- well in the United States. All you have give them any benefit. partisan support in both the House and to do is watch television. I cannot think of a greater thing we the Senate. But for some reason, we Last Thursday, thousands of pro- could do than to start doing this and have been unable to make the bill a testers descended on the small town of look at every program such as this law. Today—as soon as this vote takes Jena, LA, to protest the treatment of that is not accomplishing any goals. place—I hope that will change. six young African Americans. The town There are no metrics to measure it, Hate crimes violate every principle was a picture of racial tension, all of other than what the Department of upon which this country was founded. which came to the surface months ago Justice says. When our Declaration of Independence when three nooses were hung from a There will be claims saying it has proclaimed that ‘‘all men are created ‘‘whites-only’’ tree at the Jena High programs that work. They have some equal’’—of course, I would take that to School. Perhaps if we had stronger programs, but they are highly expen- mean today all men and women are hate crimes enforcement, this original sive. They are not as efficient, and created equal—it did not go on to say, action which provoked such violence they are always late. So over the 12 or however, ‘‘except Muslim or Sikh or and started the town down its path 13 years this center has existed, only homosexual Americans.’’ It had no ex- would have been properly handled and two of those programs have been suc- ceptions to the rights and liberties would have never escalated to the de- cessful, and they are not as successful Americans had under the Constitution gree it did. as the other programs within the De- and that Declaration. The freedoms we Make no mistake about it, hate partment of Justice in this very area. often take for granted—freedom of crimes are a serious problem in the So it is hard to justify the basis for speech, freedom of association, freedom United States—a problem we can no this center. of religion—become empty promises if longer afford to ignore. AMENDMENT NO. 2999 we do not protect all those who seek to Some may protest that this is not Finally, Mr. President, I want to exercise these freedoms under the Con- the time or place to be debating hate spend a minute talking about the Webb stitution. crimes legislation. I disagree. For amendment. One of the things we know Sadly, right now we are not pro- some, it never seems to be the right is that we do not do a good job on con- tecting all of our citizens. This is not, time or the right place. tracting. I know some of the Members by the way, about providing special Members of our military are not im- on my side of the aisle perceive the po- rights. It is about ensuring constitu- mune from hate crimes. To the con- tential for this commission to be used tional rights. trary, hate crimes can happen any- in a political framework. I am not wor- Local, State, and Federal govern- where there are emotions, anywhere ried about that. I do not think it is in- ments need additional resources and there are people with the capability to tended to be used in a political frame- authority to investigate and prosecute hate. In 1992, a Navy sailor, Allen work. I think it is intended to hold the hate crimes based on race, ethnicity, Schindler, was murdered by two fellow agencies accountable for how they religion, sexual orientation, disability, sailors because of his sexual orienta- spend the money and whether we are and gender identity. That is exactly tion. In 1999, PFC Barry Winchell was going to get a handle on our con- what this bill will do. It will allow the similarly killed because his attackers tracting procedures, both through the Department of Justice to assist in believed—believed—he was gay. The State Department and the Defense De- these investigations and prosecutions, military has recognized that hate

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Pub- It is absolutely appropriate to pro- Kirkuk to Baiji because project moni- lished reports in the last few weeks in- tect members of our Armed Forces toring was very limited and sporadic. dicate that the State Department in- from the vicious attacks that con- However, at least 25 percent of the spector general has systematically stitute hate crimes while we are debat- welds on the pipeline was defective, avoided looking into allegations of ing the Department of Defense author- and one major canal crossing was only contract abuse in Iraq. ization bill. It is absolutely the right 10 percent complete. The failure to In short, despite almost 5 years of al- time to enact this hate crimes legisla- complete this project resulted in the legations of waste, fraud, and abuse in tion. After all, what are our men and loss of as much as $14.8 billion in oil Iraq contracting, we continue to have women doing in uniform? They are revenues to the Iraqi Government. huge gaps in our oversight of these ac- fighting for us around the world to pre- He reported that after the Army tivities. The Webb-McCaskill amend- serve our way of life and to promote Corps of Engineers spent $186 million ment will address these gaps by, first, democracy, and all of them take an on primary health care centers establishing an independent commis- oath to uphold and defend the Con- throughout Iraq, the contract was ter- sion to look into Federal agency constitution. Let the preservation of the minated with only 6 health care cen- tracting for reconstruction, logistical rights of all Americans be the essence ters completed, 135 partially con- support, and the performance of pri- of what they are fighting for. structed, and the remainder vate security and intelligence func- I will vote to invoke cloture on the ‘‘descoped.’’ The special inspector gen- tions in Iraq and Afghanistan; and, sec- hate crimes amendment offered by eral determined that the contractor ond, expanding the jurisdiction of the Senator KENNEDY and Senator SMITH, had lacked qualified engineering staff, special inspector general to logistical and I urge my colleagues to do the failed to check the capacity of its sub- support contracts and contracts for the same. contractors, failed to properly super- Mr. President, I note the absence of a performance of private security and in- vise the work, and failed to enforce telligence functions in Iraq and Af- quorum. quality control requirements. The PRESIDING OFFICER. The ghanistan. The Department of Defense has spent Under this provision, the special in- clerk will call the roll. even more money on logistical support The legislative clerk proceeded to spector general, in collaboration with contracts for U.S. forces in Iraq and Af- call the roll. other relevant inspectors general, Mr. LEVIN. Mr. President, I ask ghanistan. There have been numerous would conduct a comprehensive series unanimous consent that the order for indications of fraud, waste, and abuse of audits of logistical support contracts the quorum call be rescinded. in these contracts as well. For exam- and private security contracts in Iraq The PRESIDING OFFICER. Without ple, recent press reports indicate that and Afghanistan comparable to the au- objection, it is so ordered. the Department of Defense contracting dits the special inspector general has officials in Iraq and Kuwait received AMENDMENT NO. 2999 already conducted for Iraq reconstruc- Mr. LEVIN. Mr. President, I want to millions of dollars in kickbacks, taint- tion contracts. The commission would speak for a few minutes in support of ing several billion dollars of DOD logis- review these materials, conduct hear- the Webb-McCaskill amendment that tics support contracts. Similarly, the ings, and issue a report identifying les- would establish a contracting commis- Armed Services Committee held a sons learned and making specific rec- sion relative to contracting in Iraq, but hearing in April on Halliburton’s ommendations for improvements that it also does another very important LOGCAP contract for logistics support should be made in future contracting. in Iraq. Our committee learned that thing, which is it broadens the jurisdic- So the Webb-McCaskill amendment the company was given work that ap- tion of the Special Inspector General would ensure that we finally have appears to have far exceeded the scope of for Iraq Reconstruction, or SIGIR. propriate oversight over the full range the contract. All of this added work Over the last 4 years, the United States of contracting in Iraq and Afghanistan. was provided to the contractor without has spent more than $20 billion on re- It will ensure that we are in a position competition. The contractor resisted construction contracting in Iraq. In re- to learn from the mistakes we have providing us with information that we port after report, the Special Inspector made, and we will be better positioned needed to monitor and control costs. General for Iraq Reconstruction, to avoid making similar mistakes in There are almost $2 billion of over- SIGIR, has demonstrated that this ef- the future. I hope there will be a broad charges on the contract, and the con- fort was poorly planned, inadequately bipartisan vote for Webb-McCaskill, tractor received highly favorable set- staffed, and poorly managed. just the way there is already broad bi- tlements on these overcharges. For example, the special inspector partisan sponsorship for their amend- Unfortunately, the special inspector general has reported that plumbing ment. was so poorly installed at the Baghdad general does not have jurisdiction over Mr. WARNER. Mr. President, if I Police College that dripping sewage Department of Defense logistic support could ask my distinguished chairman not only threatened the health of stu- contracts, and the Department of De- dents and inspectors but could have af- fense inspector general who does have and longtime colleague a question, I fected the structural integrity of the jurisdiction refused for several years to read this amendment, and it seems to building. send auditors to Iraq and is now play- me it has laudatory goals. But it is—we The special inspector general re- ing catchup. As a result, billions of dol- are outsourcing the work of the Con- ported that the security walls built for lars have been spent on these contracts gress, and, most specifically, the Babylon Police Academy in Hilla without sufficient oversight. outsourcing the work of our Armed were full of gaps and deficiencies, some In addition, there have been numer- Services Committee. That is the thing of which were filled with sandbags; ous reports of abuses by private secu- that concerns me. lighting systems and guard towers rity contractors operating in Iraq. We have two very distinguished spon- called for in the contract were never More recently, the Iraqi Government sors, our colleague from Virginia and installed. As a result, the academy was has complained about an incident in our other colleague on our committee. vulnerable to attack. which employees of Blackwater, Inc., But I find it difficult to rationalize how The special inspector general re- allegedly opened fire on innocent Iraqis this commission would function at the ported that a prison in Nasiriyah was in Baghdad. This incident is apparently same time in a manner that literally originally supposed to house 4,400 in- the latest in a long series of similar outsources the responsibilities of our mates, but the scope was reduced to cases in which Blackwater employees committee. the point where it would only house were alleged to have used excessive Mr. LEVIN. Mr. President, I thank 800. After most of the available money force. the Senator for his question. Our com- had been spent, the contract was ter- Unfortunately, the special inspector mittee, as the Senator knows perhaps minated due to schedule delays and general does not have jurisdiction over better than any other Member of this cost overruns. private security contractors. The DOD body, has a huge responsibility month

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We have had a cou- need extra help, I will lead the effort them overlapping and conflicting. ple on Iraq, but in terms of what is with you to get more money from our The issue is whether we are going to needed with the immense fraud and committee to take over some of the re- take on this responsibility one way or abuse and waste that has gone on in sponsibilities that the Senator is about the other. This is only one practical Iraq, we could assign our committee to recommend to the Senate be way to do it. I wish we had the re- nothing else and still not catch up to outsourced to a commission. sources and time in our committee to what needs to be done relative to the Mr. LEVIN. Did we outsource to the do the kind of oversight that has to be waste and the fraud and the abuse that Packard Commission, the reforms they done relative to Iraq. To me, it has has taken place in Iraq contracting. We recommended? been the most shocking abuse of the have perhaps three or four staff mem- Mr. WARNER. I remember that taxpayers’ dollars that we have seen. bers assigned to investigation. They Packard Commission very well, but As a practical matter, I think the are in the middle of an investigation that was a tightly knit commission for former chairman of the committee now. They could not possibly—with the a specific purpose. I used to be at the would acknowledge it would take a very small number of staffers assigned Pentagon and worked under David huge amount of staff and committee to that responsibility—take on the Packard as Secretary of the Navy. We time. breadth of work which needs to be done were fortunate to get him to do that. I want to give one example. We have relative to Iraq. This seems to be an omnibus situation an ongoing investigation right now, Also, this amendment not only has a to me. I am concerned about having and it is very small relative to the size contracting commission, but it also is the inspector generals, which, again, is and scope of this one. We wanted to going to amend the Special Inspector a creation by our committee, against talk to a witness. During this inves- General Act relative to Iraq to fill in a some of the administration’s wishes. tigation, a number of witnesses talked number of gaps which exist in the in- They weren’t overly keen on putting to us voluntarily, but a few witnesses spector general’s jurisdiction. inspector generals in there. Our col- would not. In our committee, we don’t The areas which I just outlined that league from New Jersey has a bill to even have subpoena power unless the the current special inspector general have an IG now for Iraq. I want to sup- full committee votes for it. The Sen- does not have jurisdiction over, we port that. But these inspector generals ator from Virginia was very helpful to must have a modification of that juris- have to report to this Commission, I me, as he remembers, in getting the diction in order that the special inspec- understand. I would not want to be a full committee to vote for a subpoena. tor general will have that capability party to amending the law there. They I extended my appreciation to him which is now omitted from the tasking were created by the Congress, and they then, and I do it publicly now for his of the special inspector general. As the should report to the Congress, not to a cooperation and that of Senator Senator also knows because he was re- commission. MCCAIN. Every one of those subpoenas sponsible for the appointment of a Mr. LEVIN. I don’t think working required a vote. Then there had to be a number of these commissions, our com- closely with the Commission collabo- hearing. We have to go through a hear- mittee supports, and indeed has led the ratively in any way means they are not ing of our committee to hear from a way, in the creation of independent going to report to us. They will con- witness that is subpoenaed, even commissions all the time. It was not an tinue to report to the Congress. There though that should be through a dis- abdication of our jurisdiction or our is no shift of the reporting function. As covery process. Even our rules are so authority when the Packard Commis- a matter of fact, the IG for Iraq does limiting in our committee that we sion was created, when the section 800 not have the authority which should could not undertake an investigation commission was created, or when the have been given to him, and would now of this scope. Service Acquisition Reform Act Com- be given to him by this bill, for in- This is a massive undertaking. To mission was recently created. There stance, on logistics support contracts. me, it would be suggesting, for in- are many commissions that we ap- Why in heaven’s name should the spe- stance, that if there was an Iran- point, and we are leading the way and cial IG not have logistics support con- Contra Commission, somehow or other have led the way to have created, and tracts jurisdiction? the appointment of that Iran-Contra in no way does that diminish the juris- Mr. WARNER. Mr. President, if you Commission—there was a special com- diction of our committee. want to take those provisions out and mittee of the Congress. Was that an ab- In fact, it is quite the opposite. The make it a freestanding amendment, I dication of the work of the existing creation of these commissions has been would be supportive of modifying it. committee? I don’t think so. It fit a able to lead to reforms, legislative re- Mr. LEVIN. I have never seen as special need at that time. Each of the forms at times, which our committee much fraud, waste, and abuse. There is committees from which that special then is able to take up and adopt, hope- no analogy in the history of this coun- committee was drawn didn’t have the fully, in many cases, and in fact has try, I don’t believe, for the amount of resources to do it on their own. So each adopted in many cases. fraud and waste and abuse that is tak- of these are designed for a purpose. So there is nothing novel about the ing place in Iraq and Afghanistan. I I don’t know why there would be ob- creation of commissions. As a matter don’t think our committee could do jection. The reason for the length of of fact, I think the Senator from Vir- anything else if we took on that re- time that the amendment takes is two- ginia, perhaps almost on his own, was sponsibility. I think we would be hav- fold: One is that this is a major inves- the creator of a commission which we ing hearings every week, when we need tigation that will take a lot of time be- recently heard from to give us the to have hearings on all of the other cause its scope is huge. Secondly, we independent assessment of the military matters under our jurisdiction. I don’t want to take it out of politics. I think capability of the Iraqi military forces, know that we could do an authoriza- the sponsors will speak to this, and the commission led by General Jones. tion bill properly if we took on this re- perhaps already have. This should not Mr. WARNER. Mr. President, I ac- sponsibility. It is too massive. be something where there is going to knowledge that, yes, I did conceive I wonder whether the Senator can be a report in the middle of a Presi- that idea, and successfully, with the give me one example in American his- dential campaign. It ought to end after help of Senator BYRD and others, got tory where there has been this degree that campaign is over. I think they that legislation through. But that was of waste, fraud, and abuse. We now see provide for interim reporting, as I re- for a tightly defined purpose within a a massive investigation taking place member, in January after the Presi- prescribed short period of time. because of the alleged fraud of a num- dential campaign. This one, I believe, is of 2 years dura- ber of members of the armed services. I So I hope there will be bipartisan tion. Mr. President, I say to my distin- cannot remember anything com- support. It is not a political effort. The guished chairman, I have listened to parable. This is a massive undertaking. report comes after the Presidential

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As the contract oversight responsibility, the ready from our one hearing, on one Senator from Michigan, chairman of CORs, are not trained right now. They matter, involving one contractor, in- the committee, said, we have never had don’t have the core competency in volving the scope of a contract that we this kind of problem before in terms of terms of contract monitoring that we touched literally with the tail of an an armed conflict. must have under these conditions elephant or donkey. It is massive. The other thing to remember is that, where we are contracting at an unprec- I plead with the former chairman unlike those committees, this is bipar- edented level. If you look at the modi- here, who knows exactly the respon- tisan. This Commission is four Demo- fications we have made, where we have sibilities of our committee, who knows crats and four Republicans. It is not a actually said we are not ever going to more than anyone in this body what re- commission where one party is going allow this Commission, in terms of sponsibilities our committee has, that to take precedence over the other members leaving, to get to anything there is no practical way, given our bill party. We have a representative of the other than a four-four, we are never that comes up every year, given our President and the Secretary of Defense going to have a situation where it is nominations process with which the on this Commission. So the bipartisan not completely bipartisan and where Senator is fully familiar—we have four nature allows us to get above this they are not going to focus with exper- nominations that we have to hear to- knee-jerk reaction we have around here tise on ways they can guide our com- morrow. We have dozens of nomina- that if they are for it, we are against mittee and guide the committee I serve tions each year. On top of all of that, it; and if they are against it, we are for on, Homeland Security and Govern- we have oversight, which we try to do it. This is way too important to engage mental Affairs and guide the Foreign in a number of areas. We had oversight in that. Relations Committee in making sure on the Boeing contract. That was one Finally, in terms of time period, this we help the State Department and De- contract that took a significant has a set time; it is only 2 years. The partment of Defense and any other amount of time. We did some major first report is due after the Presi- Government agencies involved, includ- good. I don’t know the magnitude, but dential election in January 2009—the ing inspector general agencies and if you look at the Boeing contract, for first interim report. Next year, when other auditing agencies. Frankly, GAO instance, this contracting abuse scan- the capping report is presented to us, does a lot of this work for Congress, dal has to be a multiple of 10 to 100 they can give it to this Commission, and we take their reports. times that one investigation. I plead and they can look it over. Stuart I think that in light of what has oc- with my friend to support this as the Bowen is onboard with this. We dis- curred and the scope of this beyond the only practical way to get our hands cussed it at length, and he thinks this jurisdiction of any one committee, 2 around this situation. is a great way to move forward and get years is a reasonable finite time to Mr. WARNER. Mr. President, I know this above each individual committee come with concrete, meaningful sug- our chairman has another engagement. and above some of the partisanship. gestions that get us above this partisan We will return to this debate. This Frankly, we have engaged in it. We are rancor over the conflict in Iraq and thing really poses, in my judgment, not without sin here. My party has en- using it as a political football that we new ground for the committee, to gaged in partisanship over this. I un- have a tendency to throw around here outsource this much responsibility of derstand that it may feel that this is with some frequency. oversight. At this point, I will yield the an effort to engage in partisanship. The Senator’s leadership on this par- floor. I see our colleague seeking rec- That is why we went out of our way to ticular issue is so key to us having suc- ognition. say it is going to be bipartisan in na- cess with this amendment. I ask the The PRESIDING OFFICER. The Sen- ture, limited in time, getting above the Senator to take some time to look at ator from Missouri is recognized. various committees that have jurisdic- it. I will be happy to visit with him Mrs. MCCASKILL. Mr. President, if I tion here because of the State Depart- about the conversation I had with may address the question of the Sen- ment’s involvement, DOD’s involve- Stewart Bowen about the valid ap- ator from Virginia briefly, I think it is ment, and the involvement of the proach we are making that I think will important to keep this in context. Homeland Security and Governmental bring about some of the same positive First, the Senator from Virginia wor- Affairs Committee—three different results that were brought about in the ries that the Armed Services Com- committees, including the Permanent past, whether it was the 9/11 Commis- mittee was giving up jurisdiction in Subcommittee on Investigations. The sion, the Baker-Hamilton Commission order to form this Commission. I think first interim report is due January or the other commissions the Senator it is important to remember that this 2009. The final report must be pre- from Michigan referenced that the Sen- mess is not just the jurisdiction of the sented by January 2010. This is a 2-year ator has been involved with and party Armed Services Committee. This mess period of time to work and collaborate. to in terms of wanting outside eyes at is also the jurisdiction of the Foreign By the way, I tried to count up—and some point to help us get beyond some Relations Committee. It is also the ju- I am sure the Senator from Virginia is of the stuff that goes on that we cannot risdiction of the Homeland Security aware of this—how many people we help. and Governmental Affairs Committee. have working in the Department of De- I think it is tremendously important, In fact, an argument can be made that fense in auditing and auditing-related and I implore the Senator from Vir- this is the modern-day Truman Com- activities. There are 20,000 people. Now, ginia to take a look at it again and see mittee, and the chairman of that com- if you think about that in the context if we haven’t done the things that will mittee is none other than Senator of what has gone on, you realize we reassure him this will be an augmenta- LEVIN, who chairs the Special Perma- need some help. How do we have 20,000 tion of the Armed Services Commit- nent Subcommittee on Investigations. people in contracting and auditing and tee’s work instead of an abdication of One could make the argument that related investigative activities in the their responsibility. the State Department should be an- DOD and have the kind of runaway Mr. WARNER. Mr. President, I thank swering to Foreign Relations for the abuse that we have had. the distinguished Senator from Mis- messes in contracting in terms of re- By the way, in talking to the gen- souri. I must say, having been on this construction. One could argue that the erals in Iraq who are involved, they Armed Services Committee now 29 active military should be answering to were focused on their mission. I have years with my good friend, Senator Armed Services. Government Affairs no ill will toward these commanders LEVIN, we ‘‘old bulls,’’ as we are re- should be looking at the whole mess. who were trying to get a job done in ferred to, are very much impressed The bottom line is that this Commis- terms of a military context. That is with our new member, her vigor, her

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But I continue to contract at this level—and I am very hopeful and remain opti- am concerned with the fundamental let’s be honest, I think we are—then mistic that I can convince the Senator proposition that we are abdicating the these are things we need to be doing. from Virginia this is a measured and duties of the committee, but we are not If the military could do this on its appropriate way to provide some ac- quite there yet in this debate to try to own, we wouldn’t have the ‘‘lessons countability to all those men and reach some final determinations. learned’’ book in Bosnia not even get- women to whom he referred who are An interesting observation: 20,000 in- ting to the people in Iraq until after trying to do the right thing. We have dividuals, and probably that is correct. they entered into most of these con- not figured this out yet, and I think we They are scattered not just in Wash- tracts. We remember the testimony have to try something different to see ington but all across America in mili- from David Walker. He talked about if we can figure it out. tary departments. The Department of the fact that even though they had I yield the floor. the Army has its procurement center drawn up the book and said these are Mr. WARNER. I thank my distin- outside the Nation’s Capital. all the mistakes we made in Bosnia, guished colleague from Missouri, the In a sense, as the chairman said and guess what. They forgot to look at the State in which my mother was born. I think the Senator from Missouri has book before they began down the very The PRESIDING OFFICER. The Sen- ator from Pennsylvania is recognized. said, the enormity of the problem out same road in the Iraq conflict. That is Mr. CASEY. Mr. President, I rise to there—is the Senator suggesting that what I want to prevent in the future. speak about two matters, but I wish to, the enormity of that problem is a con- This is about looking forward and first of all, associate myself with the sequence of this 20,000 or so not per- not about looking back. This is about remarks by my distinguished colleague forming their duties as prescribed? figuring out a way forward that we can from the State of Missouri. Our first- Mrs. MCCASKILL. I believe that responsibly contract in a way that pro- year class of Senators has worked hard what happened was in an unprece- tects our military and the strength of on a lot of issues. She and our col- dented fashion, we engaged in con- our military, and, boy, would I like the league from Virginia, Mr. WEBB, have tracting—I know the Senator is a stu- help of the Senator from Virginia. worked hard on this issue. I appreciate dent of history, and if he looks back at Mr. WARNER. Mr. President, I thank her comments today, as well as the en- the history of the Seabees and where the Senator for her analysis. As I read lightening exchange and as well as Sen- the Seabees came from in terms of the this, they can look backward, forward, ator LEVIN’s comments. idea that you are going to put people in sidewise, any way they wish and have AMENDMENT NO. 2196 the middle of a conflict who are not one of the strongest powers Congress Mr. President, I rise to speak first military personnel, in terms of doing can confer on any commission—sub- about amendment No. 2196 pertaining ancillary activities apart from the di- poena power—compelling persons to the National Drug Intelligence Cen- rect military mission, it is unprece- against their wishes to come before ter which is located in Johnstown, PA, dented what we have done in this con- that committee, take an oath, and pro- in southwestern Pennsylvania. This flict in terms of the contracting. vide testimony. That is something that center was created in 1993 and provides I don’t think the active military was Congress should consider very carefully Federal, State, and local law enforce- prepared for this kind of scope in terms before it confers that on—for the moment and national security agencies of the types of contracts that were en- ment we know not who will be on this with crucial information about the tered into, many of them not defini- commission. structure, membership, finances, com- tized, many of them not with the kind As I say, we will require further de- munications, and activities of drug- of oversight that one would expect for liberation. But I do point out that the trafficking organizations. contracts that run into $15 billion, $20 Senator talked about the uniform side. While a number of Federal agencies billion per contract, in some instances. Much of the military procurement sys- play different roles in combating ille- I think this was a matter of we need it tem is performed by very able career gal drug use and distribution, the Na- now, we don’t have the end strength to civilians. From time to time, military tional Drug Intelligence Center, which get everything done we need to get officers are detailed as a part of their some know as NDIC, performs a unique done; if we contract it, it is going to be career and otherwise to work with role by providing independent informa- cheaper in terms of legacy costs to get those civilians. But I feel the Senator tion about drug use to other Federal, a worker to peel potatoes than to re- is putting on report an awful lot of peo- State, and local agencies. cruit a soldier to peel potatoes or to ple with a broad brush. I want to think This center produces an annual na- cook. about that. Having had the privilege of tional drug assessment report which is I understand that was done long term serving with those people in the De- the principal report by which Federal because it had the potential for effi- partment of Defense—perhaps not the policymakers evaluate trends in drug ciencies, it had a potential to preserve ones who are there now but many. I use and the overall drug threat faced our ground strength for the military think at the time I was Secretary of by this Nation. Given the role drug mission and to allow us to not incur the Navy, I had 700,000 to 800,000 civil- trafficking plays in financing inter- the legacy costs of another member of ians in the Department of the Navy. national terrorism, information com- the active military. They are very conscientious people. I piled by the NDIC about drug distribu- In reality, because they were not pre- acknowledge there have been a lot of tion plays an important role in compared in terms of their systems for this unfortunate things in the rush to do bating terrorism worldwide. level of contracting and oversight, bad what we felt was necessary with re- Much has been made about the fact things happened—very bad things hap- spect to Iraq and, to a lesser degree but that the NDIC is located in Johnstown, pened. nevertheless to a degree, Afghanistan. PA. Let me speak for a few moments If we are going to continue to con- Haste makes waste is the old adage. about the benefits of locating outside tract at this level, why not at this fork For the moment, I have thoroughly Washington. in the road embark upon a limited 2- been informed by the views of the Sen- All the answers to our Nation’s prob- year exercise in a nonpartisan way to ator, and I hope to continue to have a lems do not reside here. Sometimes get concrete suggestions with expertise dialog with the Senator as this matter there are a lot of good answers outside and not creating a new bureaucracy, is now before the full Senate. Washington. To some, that may be a because they can access those 20,000 I yield the floor. news bulletin. people, they can access the Army audi- Mrs. MCCASKILL. Mr. President, I First, the Johnstown location trans- tor, they can access the contracting thank the distinguished Senator from lates into reduced overhead and lower agency within the Army, they can ac- Virginia. I don’t want to overempha- administrative costs. cess all the inspectors general, they size his support, but there are few peo- Second, being outside the beltway al- can access all the acquisition and pro- ple around here who can get us past lows for greater coordination with

VerDate Aug 31 2005 01:22 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G26SE6.049 S26SEPT1 hmoore on PRODPC68 with HMSENATE S12108 CONGRESSIONAL RECORD — SENATE September 26, 2007 State and local law enforcement. The But beyond the program and beyond broadly across the country, including work done by NDIC does not have to be the details of a government program by law enforcement agencies, district conducted in Washington and, I would lie some very personal stories. One attorneys, and police organizations argue, the Johnstown location offers story that all of America knows, but across the country, I rely upon their greater cost savings for the Federal we need to be reminded sometimes judgment when it comes to what are Government. about these stories, is one we saw play the tools we need for law enforcement. This amendment comes at an inter- out in the 1990s. AMENDMENT NO. 2196 esting time where recently—yesterday, His name was Matthew Shepard. He Mr. COBURN. The second question— actually—the Drug Enforcement Agen- was born on December 1, 1976, to Judy and I want to make sure you under- cy, DEA, announced that this center, and Dennis Shepard in Casper, WY. He stand as the author of this that it in particular, played key roles in an went to the University of Wyoming and doesn’t say anything about Johnstown, international case targeting the global had a great interest in politics and a PA, which has great folks. This amend- underground trade of anabolic steroids, great interest in the environment. In ment isn’t about the people of Johns- human growth hormone, and insulin October of 1998, two men tied him to a town, PA, and what they can offer. growth factors, in addition to some split rail fence, tortured and beat him, They offer great things to our country, other information. The investigation and left him to die in freezing tempera- and it is not meant to degrade or delin- included significant enforcement of il- tures. He was found 18 hours later, and eate anything other than the utmost licit underground trafficking of ancil- he died several days later in October of respect for them. lary and counterfeit medications. 1998 at the age of 21. What this amendment is about is, are The investigation represents the I had the opportunity in September we getting the value for what we are largest steroid enforcement action in 2005 to meet Matthew Shepard’s moth- spending? And all you have to do is U.S. history, and it took place in con- er. We had a private meeting where she look at what the Department of Jus- junction with enforcement operations expressed her deep concern about this tice says, which is running this pro- in nine countries worldwide. crime we see play out across the coun- gram, and what the DEA says, and The information provided by this try. She, obviously, will probably never what every other intelligence-run en- center in Johnstown, PA, played an im- fully recover from the loss of her son forcement center is saying: that, in portant role in this investigation. fact, there is not added value for the I also wish to add my own feelings and the way he died, but when I rise to dollars that are spent there, and any- with regard to this particular center in speak about this, I think we have to Johnstown, PA. I am very proud of the consider who speaks for that mother if thing that is a positive contribution people in Johnstown, PA. They share a the Senate doesn’t stand up and speak could be more effectively utilized at heritage of hard work and sacrifice, with one voice on an issue such as this. some other center. So it is not about the people of Penn- they have overcome a lot, and they This is about combating hate, hate in sylvania and it is not about who did it have a tremendous work ethic. Any in- the hearts of men and women across or whether we all shouldn’t try to get vestment in a city such as Johnstown, this country. We talk all the time a Federal facility to help areas that are PA, is a prudent investment, not just about people from other parts of the economically depressed across the because of economic activity but prin- world and how evil they can be, espe- cipally, and most importantly, the im- cially the terrorists, but there are ex- country. That is not a bad idea. There portant work this center provides for amples in our country of real hate. If is nothing wrong with that. The pur- law enforcement. we do not stamp them out and pros- pose of this amendment is to delineate If we want to do comparisons with ecute vigorously these kinds of crimes, that there is not good value for the other places around the country, I am we cannot fully appreciate nor can we half a billion dollars we have already sure that will be constructive. I rise to fully expect others to appreciate the spent and that taxpayers could get speak against this amendment and feeling in our hearts about making more value out of less money if, in urge my colleagues to vote against it sure we treat people with dignity, with fact, we did what the professionals and and also to highlight the value of hav- respect, and acceptance, but that we do everyone else has said, including ing this center in the State of Pennsyl- it in the spirit of brotherhood and sis- former directors of that center. vania for our Nation. terhood. Mr. CASEY. Let me just respond to my colleague, the distinguished Sen- AMENDMENT NO. 3035 When such a crime as this happens, I I wish to change subjects. I have a would hope the Senate would do every- ator from Oklahoma, who has been on second set of remarks which I wish to thing possible to fully and vigorously this floor for many years holding pub- take the time to deliver. prosecute and sanction anyone who en- lic agencies accountable, and we appre- We are contemplating voting on leg- gages in this activity. This legislation, ciate that and I share that concern. I islation that pertains to hate crimes. the Hate Crimes Prevention Act, is one only raised the question about Johns- The Hate Crimes Prevention Act at important step to achieving that goal, town, I guess, because as a Senator long last may be voted on in the Sen- and I speak in support of that legisla- from Pennsylvania, I want to make ate. There are a lot of reasons for me tion. sure we are fighting for an important to stand up not only as a supporter of Mr. President, I yield the floor. community. I am not saying that is the this legislation but a cosponsor; one of, The PRESIDING OFFICER. The Sen- intent of the legislation. I just wanted at last count, 43 bipartisan cosponsors. ator from Oklahoma. to reiterate how much I appreciate the In the other body, there are more than Mr. COBURN. Mr. President, would work ethic of that community. 170, I am told. the Senator from Pennsylvania mind Every program that is funded with This act is simple but profoundly im- answering a couple of questions before taxpayer dollars has to be accountable, portant. First of all, the Hate Crimes he leaves? and I appreciate that. We have an op- Prevention Act will strengthen— No. 1, I would note, just on the hate portunity on this floor to debate pro- strengthen law enforcement’s ability crimes legislation, that the perpetra- grams where we spend significant sums to crack down on these kinds of crimes tors of the heinous crimes against Mat- of public dollars. When I was in State by providing grants to local and State thew Shepard had full justice carried government, as Senator COBURN knows, agencies to fight the particular evil out against them. That is true, is it my job for the better part of a decade that resides in the hearts of those who not? was to do just that, and it is close to want to commit crimes based upon this Mr. CASEY. Well, there are a lot of my heart, the kind of accountability I kind of motivation—a motivation of ways to prosecute someone. know the Senator is concerned about. hate, pure and simple. Secondly, in Mr. COBURN. Were they prosecuted, But I would hope, in pursuing that, we terms of the mechanics of how this will I guess, and did they receive significant don’t unjustifiably have an impact on a work, this legislation will help the De- punishment? facility that is providing a great ben- partment of Justice work with local Mr. CASEY. Let me finish my efit for law enforcement well beyond and State law enforcement agencies to thought. There are a lot of ways to Pennsylvania and, secondly, that we assist in the prosecution of these prosecute a crime like that. But when work to be equitable about it. I know crimes. you have legislation that is supported that is the intent, but I think we have

VerDate Aug 31 2005 01:22 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G26SE6.050 S26SEPT1 hmoore on PRODPC68 with HMSENATE September 26, 2007 CONGRESSIONAL RECORD — SENATE S12109 an honest disagreement about this par- countability in the way our tax dollars payer dollars. I am proud that our new ticular center. are spent in Iraq and Afghanistan, and Members of the Senate have made this Mr. COBURN. I thank the Senator for we will do it in a way that takes this a priority. I think it is important that answering my question. I guess my de- issue out of the political spotlight. the taxpayers have confidence that the batable point is the offering of the This amendment will establish a bi- money we appropriate will be spent ap- value, in the judgment of the profes- partisan commission to review the con- propriately, and that has not been the sionals who are running all of the De- tracts we have entered into in fighting case in the reconstruction of Iraq. partment, including the Department of the wars in Iraq and Afghanistan. The AMENDMENT NO. 3035 Justice and the DEA, which says it Commission will be outside of Congress doesn’t measure up. That is my point. and will be outside of the Bush admin- I also take the floor to speak about That is why I brought the amendment. istration. The amendment will also dian amendment offered by Senator KEN- It doesn’t denigrate the work of the rect this new Commission to review the NEDY that will be voted on later. I people there. way new contracts are awarded and spoke last week about hate crimes in The fact is, if we are really going to overseen. This will give us a chance to America, and I talked about what is continue to send $30 million to $40 mil- prevent future waste, fraud, and abuse. happening in our own communities. I lion a year, let’s find them something The Commission will work in con- spoke about an episode in College that will give us better value. If we sultation with the Special Inspector Park, MD, and we are all familiar with choose not to support this amendment, General for Iraq Reconstruction, which what happened in Jena, LA. The FBI let’s give them direction so that the $30 currently oversees only reconstruction has indicated that the number of hate million or $40 million we do invest ac- contracts in Iraq, to review and inves- crimes reported is unacceptably high in tually brings us something that is tigate logistics, security, and intel- all communities in America today. worth $30 million or $40 million. ligence work that has been contracted Today, we are going to have an op- And it is not the employees there out by the Defense Department. portunity to do something about that. who are at fault. In fact, the direction According to the nonpartisan Gov- We are going to have an opportunity to and the mission has been one that ernment Accountability Office, we support S. 1105, the Matthew Shepard hasn’t been accomplished because it have squandered $10 billion in Iraq re- Act. I am proud to be a cosponsor of wasn’t needed in the first place. construction funds due to contract that bill, and I thank the senior Sen- Mr. CASEY. Quickly, by way of a re- overcharges and unsupported expenses. ator from Massachusetts, Mr. KEN- sponse, I have to say that when I was That means 1 out of every 6 reconstruc- NEDY, for bringing forward this issue. the auditor general of Pennsylvania, tion dollars spent in Iraq is not ac- We will have a chance on this very im- our office authored lots of reports counted for, and only now, after 5 years portant bill to speak about the moral about waste, fraud, and abuse and of war in Iraq, the Army is looking commitment of our own country and about problems in spending. What we back at nearly $100 million in contracts what we stand for as a nation. This is tried to do as well was not just point to determine how these funds have an issue which we need to deal with be- out where the problems were but also been spent. cause it speaks to what type of people to point out and to list, actually in re- I think it is important for folks to we are in this country, that we will not ports, a series of recommendations and understand we are not coming at this tolerate hate crime activities. corrective actions. with the idea that every contract is a This legislation gives the Depart- I think there is ample reason in a lot bad one. There are many contractors ment of Justice jurisdiction over vio- of public programs to make changes who are doing a good job and who are lent crimes where a perpetrator picks and to have corrective action. I don’t being responsible with our tax dollars. the victim on the basis of race, color, think that always should result in the But there are others who are not. At a national origin, gender, sexual orienta- defunding or the elimination of an en- time when we are struggling to win the tion, gender identity, or disability. tire program. But we might have a dis- hearts and minds of the Iraqi and Now, why do we give the Department agreement on this issue, and I respect- Afghani people, those who are delib- of Justice jurisdiction in these areas? fully submit that. erately overeating at the taxpayer Well, we all know, first, that it will Mr. COBURN. I thank the Senator for trough, while our troops are fighting make it clear this is a national pri- his words and his courtesy in answer- and dying in Iraq, are nothing short of ority. Secondly, the Department of ing my questions. treasonous. Justice is in a far better position, in Mr. President, I yield the floor. Many Americans have questioned many cases, than local law enforce- The PRESIDING OFFICER (Mr. how their tax dollars are being spent in ment working by itself to successfully SANDERS). The Senator from Montana. Iraq and Afghanistan. They have won- complete an investigation. AMENDMENT NO. 2999 dered why it is that there are more This legislation gives additional Mr. TESTER. Mr. President, I am contractors than troops in Iraq. They tools to local law enforcement so they proud to join with my Democratic col- have wondered why some companies can get their job done. It gives them leagues in the freshmen class who are are enjoying record profits even though training dollars. It gives them other re- offering amendment No. 2999 today. I so many projects remain incomplete. sources and assistance so that, in many wish to give my thanks in particular to For too long, the answer from the Gov- cases, they can get the type of informa- Senator MCCASKILL, Senator WEBB, as ernment has been a deafening silence. tion necessary to pursue these cases well as the other six freshmen Senators This amendment is a long-overdue re- successfully. in the Democratic caucus in offering sponse to the cries for accountability this amendment that deals with ac- and transparency in our contracting It is what is needed in partnership countability as it applies to con- process. It should not be and is not a with local government. But there are tracting in Iraq and Afghanistan. partisan issue. It is about good govern- some States that are unable or unwill- The nine of us were elected last fall ment. I urge my colleagues to support ing to move forward with hate crime in large measure because the people in it. activities. Only 31 States and the Dis- this country were tired of the war in Mr. President, I yield the floor. trict of Columbia include sexual ori- Iraq and tired of a lack of account- The PRESIDING OFFICER. The Sen- entation or disability as a basis for ability for how our tax dollars have ator from Maryland. hate crimes prosecution. So we have been spent in the wars in Iraq and Af- Mr. CARDIN. Mr. President, first, let voids in the Nation and this gives us an ghanistan. The fact is, people in Mon- me concur with my colleague, Senator opportunity to move forward. tana and around the country work way TESTER, in support of the amendment This legislation is bipartisan. We too hard to have their tax dollars sto- being offered by Senators WEBB and have had support from both sides of the len from them by people who think MCCASKILL and which Senator LEVIN aisle to make it clear that in America they can take advantage of an environ- also spoke on a little earlier, and that we will not tolerate hate crimes activi- ment where there is little or no over- is the need for us to have this inde- ties. It strengthens the current law. It sight or accountability. This amend- pendent Commission look at what has removes the limitation in the current ment will bring some much needed ac- happened in Iraq as far as the U.S. tax- law, the Federal law, that says you

VerDate Aug 31 2005 01:22 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G26SE6.051 S26SEPT1 hmoore on PRODPC68 with HMSENATE S12110 CONGRESSIONAL RECORD — SENATE September 26, 2007 only can move forward if it would in- SEC. 1070. REPORT ON SOLID ROCKET MOTOR IN- (C) COMPTROLLER GENERAL REVIEW.—Not volve a protected activity such as vot- DUSTRIAL BASE. later than 30 days after receipt of the meth- (a) REPORT.—Not later than 190 days after ing or attending school. That restric- odology under subparagraph (B), the Comp- the date of the enactment of this Act, the troller General shall— tion is removed, so that we have more Secretary of Defense shall submit to the con- opportunities for the Federal Govern- (i) review the methodology for purposes of gressional defense committees a report on identifying any flaws or weaknesses in the ment to be of assistance in prosecuting the status, capability, viability, and capac- methodology; and hate crime activities. As I have indi- ity of the solid rocket motor industrial base (ii) submit to the federally funded research cated before, it includes sexual orienta- in the United States. and development center a report that— (b) CONTENT.—The report required under tion, gender, gender identity or dis- (I) sets forth any flaws or weaknesses in subsection (a) shall include the following: the methodology identified by the Comp- ability as categories of hate crime ac- (1) An assessment of the ability to main- troller General in the review; and tivities. tain the Minuteman III intercontinental bal- (II) makes any recommendations the I am very pleased it has broad sup- listic missile through its planned oper- Comptroller General considers advisable for port from many organizations and ational life. improvements to the methodology. groups around the Nation, including (2) An assessment of the ability to main- (D) MODIFICATION OF METHODOLOGY.—Not the Federal Law Enforcement Officers tain the Trident II D–5 submarine launched later than 30 days after receipt of the report ballistic missile through its planned oper- Association, the International Associa- under subparagraph (C), the federally funded ational life. tion of Chiefs of Police, the National research and development center shall— (3) An assessment of the ability to main- District Attorneys Association, and (i) modify the methodology in order to ad- tain all other space launch, missile defense, the National Sheriffs’ Association. It dress flaws or weaknesses identified by the and other vehicles with solid rocket motors, also enjoys support from civil rights Comptroller General in the report and to im- through their planned operational lifetimes. prove the methodology in accordance with groups including the Anti-Defamation (4) An assessment of the ability to support the recommendations, if any, made by the League, Human Rights Campaign, any future requirements for vehicles with Comptroller General; and Leadership Conference on Civil Rights, solid rocket motors to support space launch, (ii) submit to the congressional defense and the National Association for the missile defense, or any range of ballistic mis- committees a report that— Advancement of Colored People. The siles determined to be necessary to meet de- (I) describes the modifications of the meth- fense needs or other requirements of the U.S. Conference of Mayors also sup- odology made by the federally funded re- United States Government. ports this legislation. It is also sup- search and development center; and (5) An assessment of the required mate- ported by the Consortium for Citizens (II) if the federally funded research and de- rials, the supplier base, the production facili- with Disabilities, including the Mary- velopment center does not improve the ties, and the production workforce needed to land Disability Law Center. methodology in accordance with any par- ensure that current and future requirements There is a broad group that supports ticular recommendation of the Comptroller could be met. General, sets forth a description and expla- this legislation because they know it is (6) An assessment of the adequacy of the nation of the reasons for such action. needed. They know we need to do a bet- current and anticipated programs to support (3) UTILIZATION OF OTHER STUDIES.—The ter job, and they know it is time for an industrial base that would be needed to study shall build upon the results of the re- this Congress to act. Hate crimes are support the range of future requirements. cent Mobility Capabilities Studies of the De- un-American. When they happen, we (c) COMPTROLLER GENERAL REVIEW.—Not partment of Defense, the on-going are all diminished and we have a re- later than 60 days after submittal under subsection (a) of the report required by that Intratheater Airlift Fleet Mix Analysis, and sponsibility to do something about it. other appropriate studies and analyses. The It is time for the Senate to act. subsection, the Comptroller General of the United States shall submit to the congres- study should also include any results I thank Senator KENNEDY for bring- sional defense committees a report setting reached on the modified C–5A aircraft config- ing this forward. I urge my colleagues forth the Comptroller General’s assessment ured as part of the Reliability Enhancement to support it. The House has already of the matters contained in the report under and Re-engining Program (RERP) configura- taken similar action. It is time this subsection (a), including an assessment of tion, as specified in section 132 of the Na- legislation be submitted to the Presi- the consistency of the budget of the Presi- tional Defense Authorization Act for Fiscal dent. dent for fiscal year 2009, as submitted to Year 2004 (Public Law 108–136; 117 Stat. 1411). I yield the floor. I suggest the ab- Congress pursuant to section 1105 of title 31, (b) ELEMENTS.—The study under subsection sence of a quorum. United States Code, with the matters con- (a) shall address the following: The PRESIDING OFFICER. The tained in the report under subsection (a). (1) The state of the current intertheater clerk will call the roll. AMENDMENT NO. 3010 airlift fleet of the Air Force, including the The legislative clerk proceeded to (Purpose: To require a report on the size and extent to which the increased use of heavy call the roll. mix of the Air Force intertheater airlift airlift aircraft in Operation Iraqi Freedom, Operation Enduring Freedom, and other on- Mrs. MCCASKILL. Mr. President, I force) going operations is affecting the aging of the ask unanimous consent the order for At the end of subtitle D of title X, add the following: aircraft of that fleet. the quorum call be rescinded. (2) The adequacy of the current interthe- The PRESIDING OFFICER. Without SEC. 1044. REPORT ON SIZE AND MIX OF AIR FORCE INTERTHEATER AIRLIFT ater airlift force, including whether or not objection, it is so ordered. FORCE. the current target number of 301 airframes AMENDMENTS NOS. 3016, 3010, 3043, 3009, AS MODI- (a) STUDY REQUIRED.— for the Air Force heavy lift aircraft fleet will FIED; 3046, 3008, AS MODIFIED; 3006, AS MODI- (1) IN GENERAL.—The Secretary of Defense be sufficient to support future expeditionary FIED; 2251, AND 2172 EN BLOC shall conduct a study on various alternatives combat and non-combat missions as well as Mrs. MCCASKILL. I send a series of for the size and mix of assets for the Air domestic and training mission demands con- amendments to the desk which have Force intertheater airlift force, with a par- sistent with the requirements of the Na- been cleared by Chairman LEVIN and ticular focus on current and planned capa- tional Military Strategy. the ranking member. Therefore, I ask bilities and costs of the C–5 aircraft and C–17 (3) The optimal mix of C–5 aircraft and C– unanimous consent that the Senate aircraft fleets. 17 aircraft for the intertheater airlift fleet of (2) CONDUCT OF STUDY.— the Air Force, and any appropriate mix of C– consider those amendments en bloc, (A) USE OF FFRDC.—The Secretary shall se- 5 aircraft and C–17 aircraft for intratheater the amendments be agreed to and the lect to conduct the study required by sub- airlift missions, including an assessment of motions to reconsider be laid upon the section (a) a federally funded research and the following: table. Finally, I ask that any state- development center (FFRDC) that has expe- (A) The cost advantages and disadvantages ments relating to these individual rience and expertise in conducting studies of modernizing the C–5 aircraft fleet when amendments be printed in the RECORD. similar to the study required by subsection compared with procuring new C–17 aircraft, Mr. WARNER. No objection on this (a). which assessment shall be performed in con- side. (B) DEVELOPMENT OF STUDY METHOD- cert with the Cost Analysis Improvement The PRESIDING OFFICER. Without OLOGY.—Not later than 90 days after the date Group and be based on program life cycle objection, it is so ordered. of enactment of this Act, the federally fund- cost estimates for the respective aircraft. The amendments were agreed to, as ed research and development center selected (B) The military capability of the C–5 air- for the conduct of the study shall— craft and the C–17 aircraft, including number follows: (i) develop the methodology for the study; of lifetime flight hours, cargo and passenger AMENDMENT NO. 3016 and carrying capabilities, and mission capable (Purpose: To require a report on the solid (ii) submit the methodology to the Comp- rates for such airframes. In the case of as- rocket motor industrial base) troller General of the United States for re- sumptions for the C–5 aircraft, and any as- At the end of title X, add the following: view. sumptions made for the mission capable

VerDate Aug 31 2005 01:22 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G26SE6.053 S26SEPT1 hmoore on PRODPC68 with HMSENATE September 26, 2007 CONGRESSIONAL RECORD — SENATE S12111 rates of the C–17 aircraft, sensitivity anal- reduce requirements for C–5 aircraft or C-17 SEC. 3126. AGREEMENTS AND REPORTS ON NU- yses shall also be conducted to test assump- aircraft. CLEAR FORENSICS CAPABILITIES. tions. The military capability study for the (d) COLLABORATION WITH TRANSCOM.—The (a) INTERNATIONAL AGREEMENTS ON NU- C–5 aircraft shall also include an assessment federally funded research and development CLEAR WEAPONS DATA.—The Secretary of En- of the mission capable rates after each of the center selected under subsection (a) shall ergy may, with the concurrence of the Sec- following: conduct the study required by that sub- retary of State and in coordination with the (i) Successful completion of the Avionics section and make the report required by sub- Secretary of Defense, the Secretary of Home- Modernization Program (AMP) and the Reli- section (e) in concert with the United States land Security, and the Director of National ability Enhancement and Re-engining Pro- Transportation Command. Intelligence, enter into agreements with gram (RERP). (e) REPORT BY FFRDC.— countries or international organizations to (ii) Partially successful completion of the (1) IN GENERAL.—Not later than January 10, conduct data collection and analysis to de- Avionics Modernization Program and the Re- 2009, the federally funded research and devel- termine accurately and in a timely manner liability Enhancement and Re-engining Pro- opment center selected under subsection (a) the source of any components of, or fissile gram, with partially successful completion shall submit to the Secretary of Defense, the material used or attempted to be used in, a of either such program being considered the congressional defense committees, and the nuclear device or weapon. point at which the continued execution of Comptroller General of the United States a (b) INTERNATIONAL AGREEMENTS ON INFOR- such program is no longer supported by cost- report on the study required by subsection MATION ON RADIOACTIVE MATERIALS.—The benefit analysis. (a). Secretary of Energy may, with the concur- (C) The tactical capabilities of strategic (2) REVIEW BY GAO.—Not later than 90 days rence of the Secretary of State and in coordi- airlift aircraft, the potential increase in use after receipt of the report under paragraph nation with the Secretary of Defense, the of strategic airlift aircraft for tactical mis- (1), the Comptroller General shall submit to Secretary of Homeland Security, and the Di- sions, and the value of such capabilities to the congressional defense committee a re- rector of National Intelligence, enter into tactical operations. port on the study conducted under sub- agreements with countries or international (D) The value of having more than one section (a) and the report under paragraph organizations— type of aircraft in the strategic airlift fleet, (1). The report under this subsection shall in- (1) to acquire for the materials information and the potential need to pursue a replace- clude an analysis of the study under sub- program of the Department of Energy vali- ment aircraft for the C–5 aircraft that is section (a) and the report under paragraph dated information on the physical character- larger than the C–17 aircraft. (1), including an assessment by the Comp- istics of radioactive material produced, used, troller General of the strengths and weak- (4) The means by which the Air Force was or stored at various locations, in order to fa- nesses of the study and report. able to restart the production line for the C– cilitate the ability to determine accurately (f) REPORT BY SECRETARY OF DEFENSE.— 5 aircraft after having closed the line for sev- and in a timely manner the source of any (1) IN GENERAL.—Not later than 90 days eral years, and the actions to be taken to en- components of, or fissile material used or at- sure the production line for the C–17 aircraft after receipt of the report under paragraph 1, 2009, the Secretary of Defense shall submit tempted to be used in, a nuclear device or could be restarted if necessary, including— weapon; and (A) an analysis of the costs of closing and to the Committee on Armed Services of the Senate and the Committee on Armed Serv- (2) to obtain access to information de- re-opening the production line for the C–5 scribed in paragraph (1) in the event of— aircraft; and ices of the House of Representatives a report on the study required by subsection (a). (A) a nuclear detonation; or (B) an assessment of the costs of closing (B) the interdiction or discovery of a nu- and re-opening the production line for the C– (2) ELEMENTS.—The report shall include a comprehensive discussion of the findings of clear device or weapon or nuclear material. 17 aircraft on a similar basis. (c) REPORT ON AGREEMENTS.—Not later (5) The financial effects of retiring, upgrad- the study, including a particular focus on the following: than one year after the date of the enacting and maintaining, or continuing current ment of this Act, the Secretary of Energy operations of the C–5A aircraft fleet on pro- (A) A description of lift requirements and operating profiles for intertheater airlift air- shall, in coordination with the Secretary of curement decisions relating to the C–17 air- State, submit to Congress a report identi- craft. craft required to meet the National Military Strategy, including assumptions regarding: fying— (6) The impact that increasing the role and (1) the countries or international organiza- use of strategic airlift aircraft in (i) Current and future military combat and support missions. tions with which the Secretary has sought to intratheater operations will have on the cur- (ii) The planned force structure growth of make agreements pursuant to subsections (a) rent target number for strategic airlift air- the Army and the Marine Corps. and (b); craft of 301 airframes, including an analysis (iii) Potential changes in lift requirements, (2) any countries or international organiza- of the following: including the deployment of the Future tions with which such agreements have been (A) The appropriateness of using C–5 air- Combat Systems by the Army. finalized and the measures included in such craft and C–17 aircraft for intratheater mis- (iv) New capability in strategic airlift to agreements; and sions, as well as the efficacy of these aircraft be provided by the KC(X) aircraft and the ex- (3) any major obstacles to completing such to perform current and projected future pected utilization of such capability, includ- agreements with other countries and inter- intratheater missions. ing its use in intratheater lift. national organizations. (B) The interplay of existing doctrinal (v) The utilization of the heavy lift aircraft (d) REPORT ON STANDARDS AND CAPABILI- intratheater airlift aircraft (such as the C– in intratheater combat missions. TIES.—Not later than 180 days after the date 130 aircraft and the future Joint Cargo Air- (vi) The availability and application of of the enactment of this Act, the President craft (JCA)) with an increasing role for C–5 Civil Reserve Air Fleet assets in future mili- shall submit to Congress a report— aircraft and C–17 aircraft in intratheater tary scenarios. (1) setting forth standards and procedures missions. (vii) Air mobility requirements associated to be used in determining accurately and in (C) The most appropriate and likely mis- with the Global Rebasing Initiative of the a timely manner any country or group that sions for C–5 aircraft and C–17 aircraft in Department of Defense. knowingly or negligently provides to an- intratheater operations and the potential for (viii) Air mobility requirements in support other country or group— increased requirements in these mission of peacekeeping and humanitarian missions (A) a nuclear device or weapon; areas. around the globe. (B) a major component of a nuclear device (D) Any intratheater mission sets best per- (ix) Potential changes in lift requirements or weapon; or formed by strategic airlift aircraft as op- based on equipment procured for Iraq and Af- (C) fissile material that could be used in a posed to traditional intratheater airlift air- ghanistan. nuclear device or weapon; craft. (B) A description of the assumptions uti- (2) assessing the capability of the United (E) Any requirements for increased produc- lized in the study regarding aircraft perform- States to collect and analyze nuclear mate- tion or longevity of C–5 aircraft and C–17 air- ances and loading factors. rial or debris in a manner consistent with craft, or for a new strategic airlift aircraft, (C) A comprehensive statement of the data the standards and procedures described in in light of the matters analyzed under this and assumptions utilized in making program paragraph (1); and paragraph. life cycle cost estimates. (3) including a plan and proposed funding (7) Taking into consideration all applicable (D) A comparison of cost and risk associ- for rectifying any shortfalls in the nuclear factors, whether or not the replacement of ated with optimal mix airlift fleet versus forensics capabilities of the United States by C–5 aircraft with C–17 aircraft on a one-for- program of record airlift fleet. September 30, 2010. one basis will result in the retention of a (3) FORM.—The report shall be submitted in AMENDMENT NO. 3009, AS MODIFIED comparable strategic airlift capability. unclassified form, but may include a classi- At the end of title XXII, add the following: (c) CONSTRUCTION.—Nothing in this section fied annex. shall be construed to exclude from the study SEC. 2206. MODIFICATION OF AUTHORITY TO under subsection (a) consideration of airlift AMENDMENT NO. 3043 CARRY OUT CERTAIN FISCAL YEAR assets other than the C–5 aircraft or C–17 air- (Purpose: To strengthen the nuclear 2005 PROJECT. craft that do or may provide intratheater forensics capabilities of the United States) (a) MODIFICATION.—The table in section and intertheater airlift, including the poten- On page 530, between lines 10 and 11, insert 2201(a) of the Military Construction Author- tial that such current or future assets may the following: ization Act for Fiscal Year 2005 (division B of

VerDate Aug 31 2005 03:06 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A26SE6.016 S26SEPT1 hmoore on PRODPC68 with HMSENATE S12112 CONGRESSIONAL RECORD — SENATE September 26, 2007 Public Law 108–375; 118 Stat. 2105), as amend- aircraft carrier maintenance pier at Naval ‘‘(A) the foreign state was designated as a ed by section 2206 of the Military Construc- Station Bremerton, Washington). state sponsor of terrorism under section 6(j) tion Authorization Act for Fiscal Year 2006 AMENDMENT NO. 3006, AS MODIFIED of the Export Administration Act of 1979 (50 (division B of Public Law 109–163; 119 Stat. At the end of subtitle E of title XXVIII, U.S.C. App. 2405 (j)) or section 620A of the 3493) and section 2205 of the Military Con- add the following: Foreign Assistance Act of 1961 (22 U.S.C. struction Authorization Act for Fiscal Year SEC. 2854. TRANSFER OF JURISDICTION, FORMER 2371) at the time the act occurred, unless 2007 (division B of Public Law 109–364; 120 NIKE MISSILE SITE, GROSSE ILE, later designated as a result of such act; Stat. 2452) is amended— MICHIGAN. ‘‘(B) the claimant or the victim was— (1) in the item relating to Strategic Weap- (a) TRANSFER.—Administrative jurisdiction ‘‘(i) a national of the United States (as ons Facility Pacific, Bangor, Washington, by over the property described in subsection (b) that term is defined in section 101(a)(22) of striking ‘‘$147,760,000’’ in the amount column is hereby transferred from the Administrator the Immigration and Nationality Act (8 and inserting ‘‘$295,000,000’’; and of the Environmental Protection Agency to U.S.C. 1101(a)(22)); (2) by striking the amount identified as the the Secretary of the Interior. ‘‘(ii) a member of the Armed Forces of the total in the amount column and inserting (b) PROPERTY DESCRIBED.—The property re- United States (as that term is defined in sec- ‘‘$972,719,000’’. ferred to in subsection (a) is the former Nike tion 976 of title 10); or (b) CONFORMING AMENDMENT.—Section 2204 missile site, consisting of approximately 50 ‘‘(iii) otherwise an employee of the govern- of the Military Construction Authorization acres located at the southern end of Grosse ment of the United States or one of its con- Act for Fiscal Year 2005 (division B of Public Ile, Michigan, as depicted on the map enti- tractors acting within the scope of their em- Law 108–375; 118 Stat. 2107), as amended by tled ‘‘07–CE’’ on file with the Environmental ployment when the act upon which the claim section 2206 of the Military Construction Au- Protection Agency and dated May 16, 1984. is based occurred; or thorization Act for Fiscal Year 2006 (division (c) ADMINISTRATION OF PROPERTY.—Subject ‘‘(C) where the act occurred in the foreign B of Public Law 109–163; 119 Stat. 3493) and to subsection (d), the Secretary of the Inte- state against which the claim has been section 2205 of the Military Construction Au- rior shall administer the property described brought, the claimant has afforded the for- thorization Act for Fiscal Year 2007 (division in subsection (b)— eign state a reasonable opportunity to arbi- B of Public Law 109–364; 120 Stat. 2453) is (1) acting through the United States Fish trate the claim in accordance with the ac- amended—(2) in subsection (b)(6), by striking and Wildlife Service; cepted international rules of arbitration. ‘‘$95,320,000’’ and inserting ‘‘$259,320,000’’. (2) as part of the Detroit River Inter- ‘‘(b) DEFINITION.—For purposes of this sec- AMENDMENT NO. 3046 national Wildlife Refuge; and tion— (3) for use as a habitat for fish and wildlife ‘‘(1) the terms ‘torture’ and ‘extrajudicial (Purpose: To improve and streamline the and as a recreational property for outdoor killing’ have the meaning given those terms security clearance process) education and environmental appreciation. in section 3 of the Torture Victim Protection After section 1064, insert the following: (d) MANAGEMENT RESPONSE.—The Sec- Act of 1991 (28 U.S.C. 1350 note); SEC. 1065. IMPROVEMENTS IN THE PROCESS FOR retary of Defense shall manage and carry out ‘‘(2) the term ‘hostage taking’ has the THE ISSUANCE OF SECURITY CLEAR- environmental response activities with re- meaning given that term in Article 1 of the ANCES. spect to the property described in subsection International Convention Against the Tak- (a) DEMONSTRATION PROJECT.—Not later (b) as expeditiously as possible, consistent ing of Hostages; and than 6 months after the date of the enact- with the Department’s prioritization of For- ‘‘(3) the term ‘aircraft sabotage’ has the ment of this Act, the Secretary of Defense merly Used Defense Sites based on risk and meaning given that term in Article 1 of the and the Director of National Intelligence the requirements of the Comprehensive En- Convention for the Suppression of Unlawful shall implement a demonstration project vironmental Response, Compensation, and Acts Against the Safety of Civil Aviation. that applies new and innovative approaches Liabiity Act of 1980 and the Solid Waste Dis- ‘‘(c) TIME LIMIT.—An action may be to improve the processing of requests for se- posal Act, using amounts made available brought under this section if the action is curity clearances. from the account established by section commenced not later than the latter of— (b) EVALUATION.—Not later than 1 year 2703(a)(5) of title 10, United States Code. ‘‘(1) 10 years after April 24, 1996; or after the date of the enactment of this Act, (e) SAVINGS PROVISION.—Nothing in this ‘‘(2) 10 years from the date on which the the Secretary of Defense and the Director of section shall be construed to affect or limit cause of action arose. National Intelligence shall carry out an eval- the application of, or any obligation to com- ‘‘(d) PRIVATE RIGHT OF ACTION.—A private uation of the process for issuing security ply with, any environmental law, including cause of action may be brought against a for- clearances and develop a specific plan and the Comprehensive Environmental Response, eign state designated under section 6(j) of schedule for replacing such process with an Compensation, and Liability Act of 1980 (42 the Export Administration Act of 1979 (50 improved process. U.S.C. 9601 et seq.) and the Solid Waste Dis- U.S.C. 2405(j)), and any official, employee, or (c) REPORT.—Not later than 30 days after posal Act (42 U.S.C. 6901 et seq.). agent of said foreign state while acting with- the date of the completion of the evaluation AMENDMENT NO. 2251 in the scope of his or her office, employment, or agency which shall be liable to a national required by subsection (b), the Secretary of (Purpose: To provide justice for victims of of the United States (as that term is defined Defense and the Director of National Intel- state-sponsored terrorism) ligence shall submit to Congress a report in section 101(a)(22) of the Immigration and At the appropriate place, insert the fol- Nationality Act (8 U.S.C. 1101(a)(22)), a mem- on— lowing: (1) the results of the demonstration project ber of the Armed Forces of the United States SEC. ll. JUSTICE FOR MARINES AND OTHER (as that term is defined in section 976 of title carried out pursuant to subsection (a); VICTIMS OF STATE-SPONSORED TER- (2) the results of the evaluation carried out 10), or an employee of the government of the RORISM ACT. United States or one of its contractors act- under subsection (b); and (a) SHORT TITLE.—This section may be ing within the scope of their employment or (3) the specific plan and schedule for re- cited as the ‘‘Justice for Marines and Other the legal representative of such a person for placing the existing process for issuing secu- Victims of State-Sponsored Terrorism Act’’. personal injury or death caused by acts of rity clearances with an improved process. (b) TERRORISM EXCEPTION TO IMMUNITY.— that foreign state or its official, employee, AMENDMENT NO. 3008, AS MODIFIED (1) IN GENERAL.—Chapter 97 of title 28, or agent for which the courts of the United United States Code, is amended by inserting On page 445, in the table preceding line 1, States may maintain jurisdiction under this after section 1605 the following: in the item relating to Naval Station, Brem- section for money damages which may in- erton, Washington, strike ‘‘$119,760,000’’ and ‘‘§ 1605A. Terrorism exception to the jurisdic- clude economic damages, solatium, pain, and insert ‘‘$190,960,000’’. tional immunity of a foreign state suffering, and punitive damages if the acts On page 447, line 5, strike ‘‘Funds’’ and in- ‘‘(a) IN GENERAL.— were among those described in this section. sert ‘‘(a) AUTHORIZATION OF APPROPRIA- ‘‘(1) NO IMMUNITY.—A foreign state shall A foreign state shall be vicariously liable for TIONS.—Funds’’. not be immune from the jurisdiction of the actions of its officials, employees, or On page 449, between lines 16 and 17, insert courts of the United States or of the States agents. the following: in any case not otherwise covered by this ‘‘(e) ADDITIONAL DAMAGES.—After an ac- (b) LIMITATION ON TOTAL COST OF CON- chapter in which money damages are sought tion has been brought under subsection (d), STRUCTION PROJECTS.—Notwithstanding the against a foreign state for personal injury or actions may also be brought for reasonably cost variations authorized by section 2853 of death that was caused by an act of torture, foreseeable property loss, whether insured or title 10, United States Code, and any other extrajudicial killing, aircraft sabotage, hos- uninsured, third party liability, and life and cost variation authorized by law, the total tage taking, or the provision of material sup- property insurance policy loss claims. cost of all projects carried out under section port or resources (as defined in section 2339A ‘‘(f) SPECIAL MASTERS.— 2201 of this Act may not exceed the sum of of title 18) for such an act if such act or pro- ‘‘(1) IN GENERAL.—The Courts of the United the following: vision of material support is engaged in by States may from time to time appoint spe- (1) The total amount authorized to be ap- an official, employee, or agent of such for- cial masters to hear damage claims brought propriated under paragraphs (1), (2) and (3) of eign state while acting within the scope of under this section. subsection (a). his or her office, employment, or agency. ‘‘(2) TRANSFER OF FUNDS.—The Attorney (2) $71,200,000 (the balance of the amount ‘‘(2) CLAIM HEARD.—The court shall hear a General shall transfer, from funds available authorized under section 2201(a) for a nuclear claim under this section if— for the program under sections 1404C of the

VerDate Aug 31 2005 01:22 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A26SE6.011 S26SEPT1 hmoore on PRODPC68 with HMSENATE September 26, 2007 CONGRESSIONAL RECORD — SENATE S12113 Victims Crime Act of 1984 (42 U.S.C. 10603c) 1984 (42 U.S.C. 10603c(a)(3)) is amended by The PRESIDING OFFICER. The to the Administrator of the United States striking ‘‘December 21, 1988, with respect to clerk will call the roll. District Court in which any case is pending which an investigation or’’ and inserting The legislative clerk proceeded to which has been brought pursuant to section ‘‘October 23, 1983, with respect to which an call the roll. 1605(a)(7) such funds as may be required to investigation or civil or criminal’’. Mr. SPECTER. Mr. President, I ask carry out the Orders of that United States (3) GENERAL EXCEPTION.—Section 1605 of District Court appointing Special Masters in title 28, United States Code, is amended— unanimous consent the order for the any case under this section. Any amount (A) in subsection (a)— quorum call be rescinded. paid in compensation to any such Special (i) in paragraph (5)(B), by inserting ‘‘or’’ The PRESIDING OFFICER. Without Master shall constitute an item of court after the semicolon; objection, it is so ordered. costs. (ii) in paragraph (6)(D), by striking ‘‘; or’’ AMENDMENT NO. 2196 ‘‘(g) APPEAL.—In an action brought under and inserting a period; and Mr. SPECTER. Mr. President, I have this section, appeals from orders not conclu- (iii) by striking paragraph (7); and sought recognition to respond to the sively ending the litigation may only be (B) by striking subsections (e) and (f). taken pursuant to section 1292(b) of this (d) APPLICATION TO PENDING CASES.— amendment offered by the Senator title. (1) IN GENERAL.—The amendments made by from Oklahoma, Mr. COBURN, to elimi- ‘‘(h) PROPERTY DISPOSITION.— this section shall apply to any claim arising nate the National Drug Intelligence ‘‘(1) IN GENERAL.—In every action filed in a under section 1605A or 1605(g) of title 28, Center, which is located in Johnstown, United States district court in which juris- United States Code, as added by this section. PA. That center was created in 1992 and diction is alleged under this section, the fil- (2) PRIOR ACTIONS.—Any judgment or ac- performs a very important function. ing of a notice of pending action pursuant to tion brought under section 1605(a)(7) of title The National Drug Intelligence Center, 28, United States Code, or section 101(c) of this section, to which is attached a copy of commonly referred to as the NDIC, the complaint filed in the action, shall have Public Law 104–208 after the effective date of the effect of establishing a lien of lis pendens such provisions relying on either of these partners with the Department of upon any real property or tangible personal provisions as creating a cause of action, Homeland Security and the Office of property located within that judicial district which has been adversely affected on the Counternarcotics Enforcement, to pro- that is titled in the name of any defendant, grounds that either or both of these provi- vide intelligence, to identify, track, or titled in the name of any entity con- sions fail to create a cause of action oppos- and sever the nexus between drug traf- trolled by any such defendant if such notice able against the state, and which is still be- ficking and terrorism. The NDIC cre- contains a statement listing those controlled fore the courts in any form, including appeal ated an entity called HashKeeper, a or motion under Federal Rule of Civil Proce- entities. company software program which is ‘‘(2) NOTICE.—A notice of pending action dure 60(b), shall, on motion made to the Fed- pursuant to this section shall be filed by the eral District Court where the judgment or provided to the Federal Government clerk of the district court in the same man- action was initially entered, be given effect for use in Iraq. The cost of this center ner as any pending action and shall be in- as if it had originally been filed pursuant to is about one-third of what it would be dexed by listing as defendants all named de- section 1605A(d) of title 28, United States if it were located in the Washington, fendants and all entities listed as controlled Code. The defenses of res judicata, collateral DC, area. by any defendant. estoppel and limitation period are waived in I think it makes good sense to decen- ‘‘(3) ENFORCEABILITY.—Liens established by any re-filed action described in this para- tralize Federal functions to the extent reason of this subsection shall be enforceable graph and based on the such claim. Any such it is possible and practical. Everything motion or re-filing must be made not later as provided in chapter 111 of this title.’’. does not have to be located in Wash- (2) AMENDMENT TO CHAPTER ANALYSIS.—The than 60 days after enactment of this Act. ington, DC. Everything does not have chapter analysis for chapter 97 of title 28, AMENDMENT NO. 2172 United States Code, is amended by inserting (Purpose: To modify limitations on the to be located in a big city. Our country after the item for section 1605 the following: retirement of B–52 bomber aircraft) is more vulnerable when everything is ‘‘1605A. Terrorism exception to the jurisdic- At the end of subtitle D of title I, add the concentrated in one area. Johnstown tional immunity of a foreign following: has the advantage of being much less state.’’. SEC. 143. MODIFICATION OF LIMITATIONS ON RE- expensive, being able to provide these (c) CONFORMING AMENDMENTS.— TIREMENT OF B–52 BOMBER AIR- vital Federal services for about one- (1) PROPERTY.—Section 1610 of title 28, CRAFT. third of the cost, while being reason- United States Code, is amended by adding at (a) MAINTENANCE OF PRIMARY AND BACKUP ably close to Washington, DC, which is INVENTORY OF AIRCRAFT.—Subsection (a)(1) the end the following: the location of many of the other enti- ‘‘(g) PROPERTY IN CERTAIN ACTIONS.— of section 131 of the John Warner National ties with which it cooperates. ‘‘(1) IN GENERAL.—The property of a foreign Defense Authorization Act for Fiscal Year state, or agency or instrumentality of a for- 2007 (Public Law 109–364; 120 Stat. 2111) is The jobs which are provided are very eign state, against which a judgment is en- amended— substantial for my constituents in tered under this section, including property (1) in subparagraph (A), by striking ‘‘and’’ Pennsylvania; an obvious interest that that is a separate juridical entity, is subject at the end; I have as a Senator representing the to execution upon that judgment as provided (2) in subparagraph (B), by striking the pe- Commonwealth of Pennsylvania. These riod at the end and inserting ‘‘; and’’; and in this section, regardless of— are several hundred jobs; they are very ‘‘(A) the level of economic control over the (3) by adding at the end the following new subparagraph (C): important. It is a legitimate interest property by the government of the foreign to want to maintain our industrial state; ‘‘(C) shall maintain in a common configu- ‘‘(B) whether the profits of the property go ration a primary aircraft inventory of not base in Pennsylvania and to maintain to that government; less than 63 such aircraft and a backup air- governmental activities in Pennsyl- ‘‘(C) the degree to which officials of that craft inventory of not less than 11 such air- vania. But there is good value in hav- government manage the property or other- craft.’’. ing the NDIC function, in general, and wise control its daily affairs; (b) NOTICE OF RETIREMENT.—Subsection (b)(1) of such section is amended by striking there is extra good value in having it ‘‘(D) whether that government is the sole ‘‘45 days’’ and inserting ‘‘60 days’’. function in Johnstown, PA. beneficiary in interest of the property; or Mr. WARNER. That was a group of The NDIC has been complimented by ‘‘(E) whether establishing the property as a a broad number of agencies. In a No- separate entity would entitle the foreign how many amendments? state to benefits in United States courts Mrs. MCCASKILL. Nine. vember 21, 2001, letter, the FBI praised while avoiding its obligations. Mr. WARNER. We are making the NDIC for its work on financial ‘‘(2) UNITED STATES SOVEREIGN IMMUNITY IN- progress on this bill, but I strongly crimes, saying: APPLICABLE.—Any property of a foreign urge other colleagues to bring forward Through the analysis of these documents, state, or agency or instrumentality of a for- their amendments. We have a lot to do over 400 specific intelligence products have eign state, to which paragraph (1) applies on this bill. We are dealing with a bill been produced for the FBI, the Department shall not be immune from execution upon a that is absolutely essential for the men of Justice, the Department of Treasury, and judgment entered under this section because U.S. Attorney’s Offices. The work NDIC pro- the property is regulated by the United and women of the Armed Forces and duces continues to initiate actionable leads States Government by reason of action their families. We should move along and identify avenues of investigation. NDIC taken against that foreign state under the as best we can to complete this impor- has integrated seamlessly with the FBI in- Trading With the Enemy Act or the Inter- tant legislation. vestigation and has enhanced the way the national Emergency Economic Powers Act.’’. I yield the floor. FBI will investigate future financial cases. (2) VICTIMS OF CRIME ACT.—Section Mrs. MCCASKILL. I suggest the ab- The participation of NDIC . . . continues to 1404C(a)(3) of the Victims of Crime Act of sence of a quorum. be invaluable.

VerDate Aug 31 2005 01:22 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A26SE6.018 S26SEPT1 hmoore on PRODPC68 with HMSENATE S12114 CONGRESSIONAL RECORD — SENATE September 26, 2007 In a June 23, 2006, letter, the Drug The FBI characterized NDIC’s per- vising new and creative strategies to achieve Enforcement Agency had this to say: formance as exemplary in this letter. that goal. I know that you and your entire staff have The Fort Worth Resident Office— DEA Special Agent in Charge—Dallas Field Division: June 23, 2006, Letter of put a tremendous amount of work into cre- that is of DEA— ating the NDTA. I wanted to let you know amassed thousands of documents, but was Commendation for Document Exploi- that the effort was well worth it. tation support to a major drug inves- unable to properly exploit the information U.S. Attorney—District of New Mex- tigation: they contained. The valuable report— ico: January 18, 2006, Letter of Praise referring to the NDIC report— The Fort Worth Resident Office (DEA) for NDIC: amassed thousands of documents, but was caused several of the principals to negotiate unable to properly exploit the information I am writing to express my thanks for a job pleas to pending charges. If not for the will- they contained. The valuable [NDIC] report not just well done, but rather for an extraor- ingness of the members of NDIC to confront listed the seized documents and collated dinary, and in my career, unprecedented col- these challenges in a cooperative effort, this them, which created a valuable tool for In- laborative effort to support the federal pros- investigation would not have reached its cur- vestigators and Prosecutors in this inves- ecution of significant drug traffickers and rent level of success. tigation. money launders. There have been many plaudits given In conclusion, this effort caused several of Once again, thank you for allowing your to the NDIC by the special agents in the principals to negotiate pleas to pending amazing staff to dedicate their time, skills charge of FBI offices, such as the FBI charges. and NDIC resources to this important case. agent in charge of the Tampa Field Di- Subsequently, 19 search warrants and over The work done in support of this case by NDIC is invaluable. . . vision, the FBI special agent in charge 100 seizure warrants were executed, which resulted in the seizure of approximately $20 U.S. Department of Treasury—Under of the Detroit Field Division, the DEA million, in assets. special agent in charge of the Dallas Secretary, Office of Terrorism and Fi- If not for the willingness of the members of nancial Intelligence: December 28, 2005, Field Division, the FBI special agent in NDIC to confront these challenges in a coop- charge of the Charlotte Division, and erative effort, this investigation would not Letter of Appreciation for support in the DEA special agent in charge of the have reached its current level of success. completing the national U.S. Money Laundering Threat Assessment: Oklahoma City District Office. This FBI Charlotte Division: May 2, 2006, last is ironic, in a sense. In a March 25, Letter of Commendation for NDIC: I am very pleased to inform you that the 2006, DEA cable, the DEA Oklahoma Money Laundering Threat Assessment is In February 2006, your staff presented to complete. City District Office had this to say. the North Carolina Law Enforcement Com- [I]t is thanks to active and substantial In support of phases one and two, NDIC de- munity, the most comprehensive Intel- contributions by the NDIC and the other par- ployed two teams in Oklahoma, each con- ligence Assessment ever conducted within ticipants. sisting of one special agent, one computer the state of North Carolina relating to I can’t thank you enough for the extraor- exploitation and five document exploitation gangs. I commend NDIC in exceeding all ex- dinary contribution. personnel. Actionable intelligence was gen- pectations in providing this valuable assess- erated and passed to the appropriate DEA of- ment. Office of Counter Narcotics Enforce- ment/U.S. Interdiction Coordinator— fices. The OKCDO thanks all NDIC per- Executive Office of the President— Acting Director: September 7, 2005, sonnel— ONDCP Director: April 17, 2006, Letter Letter of Appreciation for support to a that is the Oklahoma City District Of- of Commendation regarding drug mar- drug/terror tasking: fice thanks all NDIC personnel— ket collection effort: As I am sure you are aware, NDIC is ac- who planned and participated in this oper- I want to express my thanks for NDIC’s do- tively supporting the expanded mission of ation. The intelligence and operational mestic market collection effort. the Office of Counter Narcotics Enforcement knowledge gained was beneficial to OKCDO, I know that this was a serious, time con- (CNE) by aiding us in the response to the and its law enforcement partners. . . . suming undertaking by your agency, and I new drug/terror nexus (DTX) tasking as as- truly appreciate the efforts of everyone in- President, National High Intensity signed to my office in the Intelligence Re- volved. Drug Trafficking Area, HIDTA, Direc- form & Terrorism Prevention Act of 2004. I Thanks for the hard work. tor’s Association Executive Board: May wanted to take this opportunity to let you 24, 2007, Letter to the Attorney General DEA Oklahoma City District Office: know how much I appreciate NDIC’s support in support of NDIC: March 25, 2006, DEA cable: to this office and to our country’s overall counterdrug interdiction efforts. NDIC produced thirty-two HIDTA drug In support of phases one and two, NDIC de- market analyses for the HIDTA program. ployed two teams to Oklahoma, each con- FBI—Chief, Terrorist Financing Op- Production of the HIDTA drug market anal- sisting of one special agent, one computer erations Section, TFOS: March 5, 2003, yses required a full-time effort of twenty-six exploitation and five document exploitation Letter of Thanks for providing long analysts for extended periods of time work- personnel. term assistance to post-911 investiga- Actionable intelligence was generated and ing side-by-side with the HIDTA Intelligence tions: Center personnel. passed to the appropriate DEA offices. NDIC is a very valuable asset in addressing The OKCDO thanks all NDIC personnel As always, it is a pleasure to write to you, the nation’s drug problem. who planned and participated in this oper- as it affords those of us within the Terrorist This entire effort lead to a valuable work- ation. The intelligence and operational Financing Operations Section (TFOS) an oping relationship with not only the HIDTAs knowledge gained was beneficial to the portunity to thank you for the continued ex- but federal, state and local drug enforcement OKCDO and its law enforcement partners in ceptional assistance NDIC provides to the entities. the state . . . Counterterrorism Division here at FBI Head- quarters. FBI Special Agent in Charge—Tampa Executive Office of the President— Field Division: January 16, 2007, Letter ONDCP Assistant Deputy Director: FBI—Chief, Financial Crimes Sec- of Appreciation for NDIC assistance. March 13, 2006, E-mail of Appreciation tion: November 21, 2001, Letter of Ap- preciation to Deputy Attorney General The purpose of this letter is to recognize for drug market collection effort: the assistance of the National Drug Intel- Please, convey our thanks to your staff for commending NDIC: ligence Center’s (NDIC) Document and Com- their outstanding job on the ONDCP Market Since 09/20/2001, the NDIC team, consisting puter Exploitation Branch for the superb an- Collection Effort. of NDIC Intelligence Analysts and FBI Fi- alytical support they provided the Violent Once Again, we greatly appreciate the su- nancial Analysts, has analyzed over 75,000 Crimes/Gang Squad on an investigation into perb support and please pass on our thanks subpoenaed financial documents. Through the Almighty Latin King and Queen Nation. for a job well done! the analysis of these documents, over 400 FBI Special Agent in Charge—De- U.S. Department of Justice—Assist- specific intelligence products have been pro- ant Attorney General: March 7, 2006, duced for the FBI, the Department of Jus- troit Field Division: December 11, 2006, tice, the Department of Treasury, and U.S. Letter of Appreciation for NDIC: Letter of Commendation regarding the Attorney’s Office. The work NDIC produces The teamwork displayed in working with National Drug Threat Assessment: continues to initiate actionable leads and investigators from the DEA and the Federal In a letter to the Director of NDIC, the As- identify avenues of investigation. NDIC has Bureau of Investigation is a true measure of sistant Attorney General praised NDIC’s Na- integrated seamlessly with the FBI inves- what can be accomplished when agencies tional Drug Threat Assessment (NDTA) stat- tigation and has enhanced the way the FBI work together. NDIC’s analysis of the [re- ing: will investigate future financial cases. The dacted] Pharmacy evidence assisted in ob- The NDTA report is extremely helpful to participation NDIC in this investigation containing a sixty-two count indictment . . . me and prosecutors who are charged with de- tinues to be invaluable.

VerDate Aug 31 2005 03:06 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G26SE6.054 S26SEPT1 hmoore on PRODPC68 with HMSENATE September 26, 2007 CONGRESSIONAL RECORD — SENATE S12115 In concluding—the two most popular The PRESIDING OFFICER. The Sen- in uncovering waste, fraud, and abuse words in any speech—I acknowledge ator from Minnesota. in Iraq reconstruction projects, is proof and respect the work the Senator from AMENDMENT NO. 2999 of its ability to conduct more inter- Oklahoma, Mr. COBURN, is doing. He Ms. KLOBUCHAR. Mr. President, I agency examination of wartime con- and I have worked very closely in his am here to speak in support of amend- tracts. almost 3 years in the Senate. I ob- ment No. 2999, as amended. This is an The special inspector general has served his work in the House of Rep- amendment that is very important to proven to be a powerful tool in inves- resentatives, and I know his work as a me, and I appreciate the leadership of tigating reconstruction contracts. In medical professional. I understand my colleagues Senator MCCASKILL and 2005 alone, he reported a loss of $9 bil- what he is doing in subjecting to an an- Senator WEBB, and in fact all of the lion tax due to a contractor’s ineffi- alytical eye Federal expenditures. But freshmen Democrats who are sup- ciency and bad management. I do not believe he should target the porting this legislation, the goal of I can tell you this, in my job as coun- NDIC. which is to bring more public account- ty attorney, when we had a case in I concur that we ought to be holding ability to the way our Government front of us, we would always say: Fol- down Federal expenditures, and I think does business. low the money and you would find the that close scrutiny of all such projects I think you and I both know, having bad guy. is very much in the national interest. spent the last 2 years going around our Well, we need to do more of that with But I believe the facts are very strong State, that people are yearning for Iraqi contractors. This motto could not in support of continued operation of more public accountability from our be more true than it is today as the the NDIC in Johnstown, PA. Government. They are yearning for GAO, the Defense Contract Audit I yield the floor. more transparency. We heard calls for Agency, and news reports continue to The PRESIDING OFFICER. The Sen- that—increased transparency. And here expose gross mismanagement in de- ator from Minnesota is recognized. we have, in the area of Armed Services fense contracting. Mr. COBURN. Will the Senator yield and the area of Government con- That is why I am so proud to support so I can respond to the Senator from tracting, a chance to act on it. this amendment. We have heard that of Pennsylvania and then we can get this This amendment establishes an inde- the $57 billion awarded in contracts for off the floor? pendent, bipartisan commission to reconstruction in Iraq that was inves- Ms. KLOBUCHAR. That is fine. strengthen Government oversight and tigated, approximately $10 billion has Mr. COBURN. A couple of points. You examine the true costs of a contracting been wasted; $4.9 billion was lost should be down here defending this. culture that the Federal Government through contractor overpricing and This is something in your State and it relies upon in Iraq. This idea is not un- waste; $5.1 billion was lost through un- is appropriate that you do. The point I precedented. supported contract charges. Of this $10 raise is the HashKeeper system is inef- The legislation is inspired by the billion, more than $2.7 billion was fective and doesn’t work near to the work of the Truman Commission and it charged by Halliburton. This means al- way every other component works. We is fitting Senator MCCASKILL is from most 1 in 6 Federal tax dollars sent to know it doesn’t work, and it costs Missouri, as was Truman. The Truman rebuild Iraq has been wasted. And about 18 times what the NARL system Commission, as you know, conducted while we have heard in dollars the does, plus the NARL system is admis- hundreds of hearings and investiga- staggering amount, this waste amount, sible in court and the HashKeeper sys- tions into Government waste during $10 billion, the costs of mismanaged tem is not, which is developed by the World War II, at an estimated savings contracts extends beyond that. NDIC. of more than $178 billion in today’s dol- For instance, if you look at the elec- So there is no question that some of lars; $178 billion. Think of what that tricity in Baghdad, you have seen the the work they do is valuable. But every would mean to the American taxpayer city only enjoying an average of 6.5 example you cited was the DOCX pro- today at a time when we are spending hours of electricity a day. It has actu- gram, which requires anybody there to somewhere between $10 to $12 billion a ally gone down from where it was a travel somewhere else. So the location month in Iraq. year ago. doesn’t matter where. There is, unfortunately, a natural Water. Congress has provided nearly The other point I would make—and tendency in this country toward excess $2 billion to provide clean drinking the significance of that is we are not, and corporate excess. So when people water and repair sewer systems. But overall, getting as good a value as we are given sort of unlimited contracts, according to the World Health Organi- could. The idea is not to relocate this no-bid contracts, I think you can ex- zation, 70 percent of Iraqis lack access to Washington, what the Justice De- pect excess. to clean drinking water. partment is recommending this DOCX I come from a prosecutor back- With jobs, the Defense Department portion of it be where it needs to be— ground. We know that when people are has estimated that the unemployment which is all across the country—and given leeway, and maybe even when rate is anywhere from 13.6 percent to 60 the rest of the areas that are deemed they have the best intentions, the peo- percent. In a recent survey, only 16 per- vital, which is about 10 percent of what ple in charge, the people on the ground, cent of Iraqis said their current in- the NIDC does, be relocated to El Paso it leads to fraud and the Government is comes met their basic needs. These where the drugs come in, where our the one that is on the short end of the costs in every way are unacceptable. border is, and where they need it. stick. They are unacceptable to the people of This is not a criticism of the people I think it is more than just a cost of Iraq, and they are unacceptable to the who work there or everything they do. doing business when we are looking at taxpayers of this country. What it is, the amendment as made is what we have been seeing in Iraq with My colleagues and I—and you are one intended to give us a perspective about private contractors over the last 5 of them, Mr. President—came to Wash- value that we are not getting. I have years. The number of contractors in ington demanding accountability. great respect and consider a friend the Iraq, the last estimate I had, was Today I am proud to be part of a group Senator from Pennsylvania. I under- 180,000. It now exceeds the number of that supports an important amend- stand his defense of this program. I do American combat troops in Iraq. We ment to bring more transparency, to not believe it meets the scrutiny of any need to look at the effects these bring accountability to contracting in commonsense objective when you look logistical and security contractors Iraq. at it, and what the Department of Jus- have on our military. I yield the floor. tice, which runs it and manages it, and Now, I would say this: We are not The PRESIDING OFFICER. The Sen- also the fact that in a time of war we talking about creating an additional ator from Rhode Island. can spend a whole lot less money and bureaucracy. We are talking about ex- Mr. REED. Mr. President, I ask unan- have that money available to defend panding an infrastructure that already imous consent to speak for up to 10 this country. exists. The Special Inspector General minutes as in morning business. I thank the Senator for listening to for Iraq Reconstruction, with the ex- The PRESIDING OFFICER. Without me. cellent performance that we have seen objection, it is so ordered.

VerDate Aug 31 2005 01:22 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G26SE6.055 S26SEPT1 hmoore on PRODPC68 with HMSENATE S12116 CONGRESSIONAL RECORD — SENATE September 26, 2007 CHIP when I cannot bear to concentrate be- est-income children are insured first. Mr. REED. Mr. President, I rise at cause of the pain? This does not federalize health care or this moment to speak in strong sup- For most of us here in this room, socialize it. In fact, in Rhode Island port for the renewal of the Children’s that would be a simple call to the den- this children’s health care program is Health Insurance Program. It is an tist, a trip there, and immediate relief, run by private health insurance compa- issue that is fast upon us. The House of and for our children also. But for mil- nies, and that is a very effective and ef- Representatives passed this legislation lions of Americans, that is not the ficient approach. last evening. We will, I hope, do the case. Here we have a chance to give What I have noticed over the last few same, and will send it to the President. them what we too often take for grant- years is not that private health insur- This is an issue that is not just an ed. ance has expanded dramatically in this economic issue; it is also a moral im- I think it is going to be an important country and this legislation would con- perative. If we cannot ensure the chil- step forward. I am particularly proud, strain that. Quite the opposite. With dren of this country have the oppor- because the architect of this program private health insurance, the number tunity to have access to good health 10 years ago was Senator John H. of insured Americans has decreased. care, then we cannot ensure that we Chafee of Rhode Island. He stood on a They are losing their private insur- keep pace with the basic notion of this bipartisan basis with many in this ance. It is too expensive. So the idea country: opportunity for all of our citi- Chamber and pushed for the adoption that this somehow is going to throttle zens. of the children’s health care bill. It the attempts of the private insurance Health care and education together stands as a legacy to him. It is a vi- industry to insure those children is, on are the engine that moves this country brant legacy which we in Rhode Island its face, preposterous. forward. They give children a chance to cherish and we hope we can extend Those children will not be insured be- use their talents, develop their talents, through this legislation. cause their parents cannot afford to and go on and contribute to this great The final bill that will result we hope pay the coverage, and because private country. But also it makes tremendous in passage and signature by the Presi- insurance companies operate at a prof- economic sense. As we invest in chil- dent will give Rhode Island an increase it, they do not extend coverage because dren’s health care, we hopefully will in Federal funding from $18 million to they feel like it. ensure that throughout their lifetime $93 million. It will prevent future This is the way to expand coverage. This is the way to protect children. they will not only have healthy life- shortfalls. Last November on the floor This is the way to invest in our future. styles, but they will have the advan- of the Senate before we went out, I in- This is the way to do it in a fiscally re- tage of a good start, so that their ef- sisted that we could not leave until we sponsive manner by increasing the cig- forts can be directed toward contrib- provided help to States that had al- arette tax. It makes sense on every uting toward their community, and ready run out of their SCHIP funding. We were able to do that. ground. contributing to this economy. The President’s suggestion that he is We understand that the costs of But those stopgap measures at the vetoing it has to be something other health care are skyrocketing, and that eleventh hour do not provide for the than common sense. In fact, it strikes for many families they have, unfortu- kind of planning and predictability me as slightly spiteful. This is some- nately, had to make the choice of for- that are essential to keep the costs thing on a bipartisan basis we have down and keep the program going. I do going it, to leave their children vulner- done for 10 years; something on a bi- think, again, this is a bill that is worth able, without access to good primary partisan basis that we will continue to all of our efforts and all of our support. care, without access to specialized care do. And to be frustrated by a Presi- If we can afford to spend $12 billion a when they need it. dential veto, I think, would add insult We also understand that these chil- month in Iraq, we must be able to af- to the injury of not having children in- dren, when they get sick, ultimately ford to spend a fraction of that to give sured in this country. find their way to an emergency room children health care in this country. I I call on the President to reconsider and we end up paying much more, be- just left the Appropriations Committee his veto threat. I call on the President cause a child who can be seen on a reg- hearing. Secretary Gates is urging $50 to join us in providing health insurance ular basis could have access to preven- billion more funding for Iraq. That is to the children of America, to provide tive care. Arriving at the emergency quite a bit more than we are asking them a foundation for their education, room with a very serious condition re- over 5 years for the children’s health provide them the foundation to proceed quires a great deal more resources than care program. That is just for several forward as good citizens, good workers seeing a child before that condition be- months in Iraq. in the economy, and contributing The American people, I believe, will comes serious, and becomes an emer- members. I hope that will happen in demand that we pass this legislation. If gency. the next few days with passage and sig- So we should be, I think, smart, as we can find the resources overseas, we nature by the President. well as morally responsive to the issue have got to be able to find the re- I yield the floor. before us. And that directs me to my sources here for this compelling issue. Mrs. MCCASKILL. I suggest the ab- strong support for this legislation. The The other aspect of this is this legis- sence of a quorum. final bill which will be coming before lation is fully paid for, unlike the The PRESIDING OFFICER. The us will invest $35 billion in our Na- spending in Iraq which is deficit spend- clerk will call the roll. tion’s children and their future. It pre- ing, which we are literally sending for- The legislative clerk proceeded to serves coverage for 6.6 million children, ward to the next generation of Ameri- call the roll. but it will also reduce the number of cans to deal with. This is fully paid for Mr. SALAZAR. Madam President, I uninsured children by 4 million. by an increase in the cigarette tax; ask unanimous consent that the order In fact, the final bill improves upon sound fiscal policy as well as sound for the quorum call be rescinded. the Senate bill that I proudly sup- public policy. The PRESIDING OFFICER (Mrs. ported weeks ago. It provides quality Now, we have heard a lot from the MCCASKILL). Without objection, it is so dental coverage to all children en- President, particularly about why he is ordered. rolled. That is critical. I can recall lis- proposing to veto this legislation. I Mr. SALAZAR. Madam President, I tening to a foster mother in Rhode Is- find it hard to discover any logic at all. rise today to speak briefly in connec- land. She had six different foster chil- It is full of misrepresentations, frank- tion with amendments we made to the dren. What was her biggest complaint? ly. The bill does not cover children up National Defense Authorization Act for She could not get a dentist. They to 400 percent of poverty. In fact, about Fiscal Year 2008. Specifically, I wish to would not see her because she did not 80 percent of the newly insured chil- comment on five amendments which have dental coverage. Her complaint to dren are from families below 200 per- have been accepted which are impor- me was a repetition of what her child cent of poverty. Those are the new tant to the future of our military and said to her in so many words, which children to be enrolled. also important to the future of mili- was: What do I do? How do I take care This bill is well targeted, and pro- tary installations we have within the of a toothache? How do I go to school vides incentives to ensure that the low- State of Colorado.

VerDate Aug 31 2005 01:22 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G26SE6.057 S26SEPT1 hmoore on PRODPC68 with HMSENATE September 26, 2007 CONGRESSIONAL RECORD — SENATE S12117 At the outset, let me say that as we I recently met with Secretary Wynne campus itself, there are sufficient land have moved forward with this legisla- to talk about the importance of us needs available for its future. It may be tion, I have very much appreciated the doing this not only in Colorado but that the answer comes back that some leadership of the chairman of the com- around the Nation. He is in agreement additional land might be needed. But if mittee, Senator CARL LEVIN, and all of that we ought to do that. He is in so, then it is important for the Army his staff who have worked so hard with agreement that we ought to take a to tell us what additional training ca- all of us on these amendments and the look at what more we can do to protect pacities would be acquired if they ac- hundreds of amendments so many our Air Force installations. quire this additional land. Members have filed. I also express my In my own view, in terms of what There are many questions with re- appreciation to Senator MCCAIN and to happens in my own State, we are not spect to the expansion, from my point his staff, Senator WARNER and all of his proactive enough. What happens is that of view, that have not been answered. I staff, who have also worked with us on whenever there is a developer who place this in the context of what the these amendments that are so impor- comes in with some kind of a program, BRAC Commission found in January of tant for our Nation’s defense. the developer will go to the local land- 2005, where the findings of the Commis- The five amendments I wish to brief- use officials and seek the necessary sion were that additional brigades ly review are related, in part, to Colo- land-use approvals to move forward, to would be moved into Fort Carson rado but also in a larger sense related try to get their development built. which are now underway in terms of to the question of how we make sure What the local government officials being moved into Fort Carson itself; we have the best national defense and will do is they will look at whether the that there was enough training ground homeland security we possibly can. military mission is being impaired as at Fort Carson to be able to satisfy the The first of those amendments is an only one factor. But it is being reactive needs of our soldiers at Fort Carson. So amendment relating to an effort we to a force of development that is prob- if that was, in fact, the conclusion that have underway with the Secretary of ably occurring in that entire area. we reached in January of 2005, it raises the Air Force to make sure we are pro- It would be much better, from my the very legitimate question as to why tecting our Air Force bases from the point of view, if what we do with our it is that we need to have additional kind of encroachment that will impair Air Force installations is to be land for training today. So these im- their military mission, unless we are proactive and look out at what we can portant questions are set forth in legis- proactive about making sure the appro- do to make sure we are protecting the lation that my friend and colleague, priate buffer zones are, in fact, created. mission of those Air Force Bases for Senator ALLARD from Colorado, and I In my State of Colorado, there are the long term—for 10 years, for 25 offered together in an amendment, and three Air Force bases which are very years, for 50 years. It is my hope with it was an amendment that was accept- important to our Nation’s defense sys- this amendment, which has been ed by the Senate last night. For that I tem. They are Peterson and Schriever agreed to, that we will be able to do want to say thank you once again to Air Force Bases in El Paso County, in that. the floor managers of this legislation. Colorado Springs, and Buckley Air The second amendment which I want The third amendment I want to Force in Aurora, in the Denver metro- to speak about briefly has to do with speak about briefly this afternoon is an politan area. In the case of each one of the Pinon Canyon Maneuver Site. The amendment that deals with the those installations, which I have fre- Pinon Canyon Maneuver Site is some paralympic program for wounded war- quented often in my time in the Sen- 237,000 acres of training facility located riors. Today, in my State, in part be- ate, I have seen the development that in the southeastern part of my State of cause of the fact that the U.S. Olympic is occurring from one end of the base to Colorado. It is a very important part of Committee is hosted and housed in Col- the other and the encroachment that the training capacities we have at Fort orado Springs and the fact that we occurs as the urbanization moves out. I Carson. Over the last several years, the have a major paralympic program that have expressed often to local elected U.S. Army has indicated that what it takes place in the State of Colorado, officials in that part of the State it is wants to do is significantly expand there is a desire to be able to do more. important that what we do is protect Fort Carson and the training facility There is a desire to be able to do more those military installations so that 10 that is located at the Pinon Canyon in large part because many of the years, 25 years, or 50 years from now, Maneuver Site. wounded warriors we see coming back we can make sure the military mission Because of rumors and the informa- from Iraq and from Afghanistan, those we have assigned to those bases is one tion flow, which is not always accu- 30,000 men and women who have been that will not be compromised. Yet, as rate, at one point in time the residents wounded, sometimes very grievously in urbanization occurs and you see the of my State in southeastern Colorado this war, ought to be given every op- subdivisions that sprout up around had the view that what, essentially, portunity that we can possibly give these bases, you have to wonder when the Army was attempting to do was to them so they can live the best life they that point in time will come where the condemn what was the entire south- can, given the injuries they have sus- encroachment itself will start having eastern part of the State of Colorado. If tained on behalf of a very grateful na- an impact on the mission of these mili- that, in fact, were to have happened or tion. So it is in that regard that our tary installations. if that were to happen in the future, paralympic amendment would expand We have noticed in the past—and the ranching heritage of the south- the authorities of the Department of studies have concluded, including a eastern part of my State would be de- Defense so that they, our wounded war- study from the RAND Corporation— stroyed. riors, would have a greater opportunity that some branches of our Armed Serv- So what has happened over time is to be involved in some of the ices do a better job than others in we have had a conversation with the paralympic programs that are hosted terms of protecting their military in- Department of Defense and the Sec- throughout the Nation. So, again, I stallations from encroachment. The retary of the Army about the future of thank my colleagues for accepting that REPI program, which is a program Pinon Canyon. There are a number of amendment. that has now been in existence for very legitimate questions that have The fourth amendment I want to some time, has been widely used by the been raised. briefly address this afternoon is the U.S. Army. Indeed, in our State of Col- One of those questions is whether the amendment relating to a hard deadline orado, with Fort Carson, one of the 237,000 acres that already encompass for the destruction of chemical weap- things that has happened is we have the Pinon Canyon Maneuver Site are ons at the Pueblo Chemical Army seen much of the buffer-zone area that sufficient to be able to provide the depot, as well as at Blue Grass in Ken- is needed to be acquired to assure that training capacity that is needed at tucky. This legislation is legislation Fort Carson’s military mission is not Fort Carson. There is a possibility that that has been pushed hard on a bipar- negatively impacted in the future. It is the answer to that question will be, tisan basis. It has been pushed hard by that same kind of proactiveness that yes; that when you combine those Senator MCCONNELL and Senator we need to take on with our Air Force 237,000 acres with the nearly 100,000 BUNNING, Senator ALLARD and myself. Bases. acres already on the Fort Carson main It is our hope that with the passage of

VerDate Aug 31 2005 01:22 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G26SE6.059 S26SEPT1 hmoore on PRODPC68 with HMSENATE S12118 CONGRESSIONAL RECORD — SENATE September 26, 2007 this legislation, the Army will, in fact, and Senator HATCH and Senator ROCKE- worse because parents could not afford understand, and that the Department FELLER, IV, who basically were the key to seek medical care for their children. of Defense will, in fact, understand movers and shakers in trying to move Nine million kids—nine million kids— that 2017 sets a hard deadline for us to this package forward, they said: We are in the United States have no health in- move forward and complete the de- going to put aside our partisan dif- surance today. It is unconscionable struction of these chemicals which ferences, and we are going to put to- that in the strongest, most prosperous today provide a hazard to the commu- gether a package that we can make democracy in the world that we cannot nities and people who live nearby, and sure receives bipartisan support on the give our kids that basic coverage of provide a national security threat if floor of the Senate. health that they need to have a fair these chemical weapons were ever to At the end of the day, that package chance in life. Our failure to extend fall into the hands of terrorists and did, in fact pass, and today and over health insurance coverage to more kids into the hands of those who want to do the next several days, hopefully, we would not only be a moral failure, but us wrong in this country. So it is our will get that legislation to the Presi- it would be a massive liability for the hope that with this legislation, we will dent’s desk for his signature. It is my education and well-being of our chil- be able to continue to push for a 2017 hope the President does sign this bill. dren and for our future economic secu- deadline for the completion of the de- It is my imploration to the President rity. struction of these chemical weapons. that he sign the bill on behalf of our This is why. Uninsured children miss Finally, the fifth amendment I want Nation’s children. Covering our kids, more school than their peers. They are to refer to briefly is an amendment re- providing them with the kind of pre- six times—six times—more likely to lating to the training of helicopter pi- ventive care, with the kind of doctors have unmet medical needs. They are lots at high altitudes. Today, in the and nurses that they need, will ensure 21⁄2 times more likely to have unmet mountains of Afghanistan, where many that they grow up healthy and that dental needs, and one-third of all unin- of us in our congressional delegation they grow up strong. These have been sured children go without any medical trips into either Iraq or Afghanistan the goals of our bipartisan work in this care for an entire year. I am proud of have been in those helicopters, we Chamber over the last many months. the work of the Senate. I am proud of know the kinds of conditions they have The Finance Committee passed that the bipartisan work that went into to fly in, at some of those very high al- plan by a vote of 17 to 4, and we then writing this legislation to cover the 10 titudes, especially in the country of Af- confirmed the bipartisan nature and million uninsured children in America. ghanistan and those borders between the importance of children’s health in- This legislation provides the coverage Afghanistan and Pakistan. The only surance with a 68-to-31 vote. Now, with to an additional 3.3 million children place where our pilots can receive the 9 million kids without health insurance who are currently uninsured, and it adequate training to be able to make around the country, 180,000 of those also maintains the coverage for all the sure they have the capacity to fly kids in Colorado, the President has 6.6 million low-income children cur- those helicopters at those high alti- issued a veto threat of this legislation. rently enrolled in the Children’s Health tudes is at a site in Gypsum, CO. But In my view, and with all due respect to Insurance Program. The bill includes today, whenever a helicopter pilot has the President, I believe the President is significant incentives for States to en- to go into that area, into that training wrong to issue a veto threat on such a roll more children into CHIP, particu- facility in order to be trained on how fundamentally important issue. larly children in rural communities, to fly their helicopters, what they have Earlier this year, as I was traveling many rural communities such as the to do is they have to bring their own through Colorado, I spoke with folks in ones in my State of Colorado, where helicopters to the site. my State about the need to reauthorize geographic distances and the lack of So what we are asking for here is for the children’s health insurance plan. health insurance create barriers to en- six helicopters to be stationed there at As I did so, a school nurse told me of a rollment. Twenty percent of all low-in- the site to be able to provide our pilots boy who was injured during a football come children live in rural areas, and a with the best kind of high altitude game. His family wanted to have significant number of them are unin- training for helicopter pilots that we health insurance, but with premiums sured. This bill will help them get can possibly provide as a nation. So I increasing up to 70 percent since 2000 health insurance. The CHIP reauthorization also allows thank my colleagues. I thank Senator and amounting to for that family a State to cover pregnant women. Chil- LEVIN, Senator MCCAIN, Senator WAR- about $10,000 a year, that family simply dren, we know, who are born healthy NER, Senator REID, and others who could not afford health insurance. They have a far greater chance of a healthy have been involved in pushing the De- couldn’t afford to take their injured life. Healthy children save Medicaid partment of Defense authorization bill son to a doctor. All they could do was and CHIP significant resources in re- forward, and I thank them for sup- to apply ice to their son’s leg and pray duced health care costs. It is sensible porting those amendments. that somehow it would get better. It that they receive this coverage under Madam President, I ask unanimous did not get better. The boy’s leg, which consent that I be recognized to speak our program. was then fractured, grew progressively Once again I want to thank the on the Children’s Health Insurance worse. It swelled to twice its normal model of effectiveness and leadership Program as in morning business for a size. In the end, with no choice left, the in this Senate in Chairman BAUCUS and period of up to 10 minutes. parents took the child to the emer- The PRESIDING OFFICER. Without Ranking Member GRASSLEY and Sen- gency room, the most expensive place ators ROCKEFELLER and HATCH for their objection, it is so ordered. for any of our children to get care. strong leadership on this issue. They CHIP Beyond the pain and the anguish that united the Finance Committee and Mr. SALAZAR. Madam President, the child or the parents felt that day, much of this Chamber around our com- today I rise first to praise the bipar- the most frustrating part is that with mon goal. It is a very simple goal. It is tisan spirit in which the Children’s the coverage provided with the legisla- a simple goal of helping our kids get to Health Insurance Program came to this tion that we are about to adopt in this the doctor. floor and was accepted by this Chamber body, the child would have been able to This bill is a giant step forward in on a positive vote of 68 votes saying see his doctor within a couple of hours our Nation’s steady march toward pro- yes to providing health insurance to of the injury. He would have received viding every child in America the the young children of America. It was better care at a lower cost and with a chance to chase their dreams. I hope one of the finer moments, it seems to lot less pain and a lot less frustration President Bush will change his mind me, of the last year in this Chamber, for everybody involved. and that he will support this bill. where Democrats and Republicans We have all heard the stories of how Madam President, I yield the floor, came together and said: Yes, we can do the health care system is failing our and I note the absence of a quorum. this for all of the right reasons. It was children. We hear of the colds that turn The PRESIDING OFFICER. The a circumstance where, with the leader- into pneumonia. We hear of the ear- clerk will call the roll. ship of Senator BAUCUS and Senator aches that develop into ear infections. The bill clerk proceeded to call the GRASSLEY of the Finance Committee We hear of other illnesses that grew roll.

VerDate Aug 31 2005 01:22 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G26SE6.060 S26SEPT1 hmoore on PRODPC68 with HMSENATE September 26, 2007 CONGRESSIONAL RECORD — SENATE S12119 Mr. WHITEHOUSE. Madam Presi- their final expenditure. We must do all leagues who have taken a great inter- dent, I ask unanimous consent that the we can to prevent ‘‘leakage’’ of this re- est in these issues and wanted to be order for the quorum call be rescinded. construction aid through every step in able to speak on them. Many of them The PRESIDING OFFICER. Without the contractor supply chain. have. Others will continue through the objection, it is so ordered. We must give ourselves the chance to afternoon, probably into the evening, Mr. WHITEHOUSE. Madam Presi- consider what effect all this graft and to express their support for this legis- dent, it is without question that we are corruption may be having on the moti- lation. on a wrong course in Iraq. The Bush ad- vations of Iraqi leaders. When I visited I wish to take a couple of moments ministration’s failure to listen to the in Iraq, we heard of just one official on the issue of hate crimes. We have American people, failure to plan for from Al Anbar Province—a police offi- heard during this discussion that hate the unexpected, and failure to learn cial—who had embezzled more than $50 crimes are alive and well in the United from its mistakes has left our Nation million. With graft at that scale, one States, tragically. Over the last few less, not more, secure from terror and can only imagine how the motivations days, we have spoken about many peo- from the dangers our troops face in of Iraqi leaders might be warped. ple who have been impacted by hate Iraq. The measure before us today will crimes and described in some detail the The expenditure of hundreds of bil- help us find out. It will establish a new horrific circumstances so many of lions of American tax dollars has not ‘‘Truman Commission’’ to restore the these individuals, fellow citizens, have only strained our Treasury, but cost us American people’s faith that their tax undergone because of their religious, uncountable opportunities to improve dollars are being accounted for. The ethnic, racial, and sexual orientation. the lives of American families and to Truman Commission was formed dur- I was moved—and I am sure many strengthen our country’s future. ing World War II, when then-Senator were—by the Southern Poverty Law Every month, we are borrowing and Harry S Truman created a special com- Center and their very important study spending over $10 billion to fund the mittee to investigate the National De- on estimates of hate crimes. The war in Iraq—billions of dollars that we fense Program to investigate defense- Southern Poverty Law Center was fo- borrow and spend that could help de- related contracts and expose corrup- cused on crimes of race in the South liver health coverage to children who tion and mismanagement in the use of for many years and developed enor- need it; that could help improve the war-related funds. mous amounts of information about quality of elementary education and The commission we seek today will those horrific crimes and was very re- make college more affordable—things have the authority to audit U.S. funds sponsible in bringing people to justice that are an essential investment in our used for U.S. projects or for U.S. efforts in a number of circumstances. Their Nation’s economic strength into the fu- to support rehabilitation of Iraqi in- focus on these issues of hatred got ture. dustries. The establishment of this them to expand their research. In addition to the billions we are commission will ensure that this cas- As I mentioned in an earlier presen- spending to continue our military in- cade of billions of dollars for recon- tation, they recorded their best judgment that hate crimes reach 50,000 peo- volvement in Iraq—a policy that must struction in Iraq can be tracked, so ple per year every year, which is an exchange, and soon—we are also spending that the hard-earned money U.S. tax- billions more on reconstruction efforts. traordinary amount. payers provide will serve the pur- I wish to respond to a point or two In this area alone, between 2003 and poses—the legitimate purposes—of the that have been raised in questioning 2006, we have spent more than $300 bil- American and the Iraqi people. our approach on this issue. lion. The same President who thinks it I applaud Senator WEBB and our Pre- In the hate crimes legislation we is too much to spend $35 billion on siding Officer, Senator MCCASKILL, for have introduced, our bill fully respects American children’s health care over their leadership in sponsoring this the primary role of State and local law the next 5 years had no problem pour- amendment. I am very pleased that my enforcement in responding to violent ing $300 billion into Iraq reconstruc- colleagues in the Democratic freshman crimes. The vast majority of hate tion, and I submit that there is very class, every one of us has thrown our crimes will continue to be prosecuted little to show for it. support behind it. at the State and local level. We have fought long and hard to keep Last November, the American people The bill authorizes the Justice De- pressure on President Bush to take a told us it was time for a change in Iraq, partment to assist State and local au- new direction in Iraq. At every turn, he and we are working hard for a new di- thorities in hate crimes cases. It au- and his allies in Congress have resisted. rection. But as we fight to bring our thorizes Federal prosecution only when We will continue our fight, but as we troops home, this amendment will help a State does not have jurisdiction or do, we also have an obligation on be- make certain that our tax dollars are when it asks the Federal Government half of the American people to ensure spent as we mean for them to be. It is to take jurisdiction or when it fails to that these tax dollars are being used as wise legislation, it is needed legisla- act against hate-motivated violence. they should be. tion, and I urge its support. We have responded to these issues As fighting the war and rebuilding Madam President, I yield the floor and gone into them in very careful de- Iraq have been privatized, too often we and suggest the absence of a quorum. tail. There are those who say this legis- have seen evidence of fraud. According The PRESIDING OFFICER. The lation is going to make every crime of to a 2005 report by the Special Inspec- clerk will call the roll. violence a hate crime. We have heard tor General for Iraq Reconstruction, The bill clerk proceeded to call the that statement in opposition. We have nearly $9 billion in funding intended roll. heard it for a number of years. We have for reconstruction efforts went unac- Mr. KENNEDY. Madam President, I addressed it, and we have spelled out in counted for—just gone. Investigations ask unanimous consent that the order the legislation exactly what is the ju- by the Special IG for Iraq Reconstruc- for the quorum call be rescinded. risdiction. tion of $32 billion in funding for Iraq The PRESIDING OFFICER. Without The bill protects State interests with reconstruction have already led to $9.5 objection, it is so ordered. a strict certification procedure that re- million in recovered and seized assets AMENDMENT NO. 3035 quires the Federal Government to con- and more than $3.6 million in restitu- Mr. KENNEDY. Madam President, sult with local officials before bringing tion. over the course of this morning, this a Federal case. It offers Federal assist- Iraq is a target-rich environment for afternoon, and yesterday, we have had ance to help State and local law en- corruption, and monitoring the expend- some excellent comments in support of forcement to investigate and prosecute iture of U.S. resources there requires our hate crimes amendment which we hate crimes in any of the categories. It vigilance. We must ensure that our tax will be voting on in the morning. Also, offers training grants for local law en- dollars are not squandered to corrup- we will be voting on the SCHIP pro- forcement. It amends the Federal Hate tion or other malfeasance, and we must gram as well. Over the course of the Crimes Statistics Act to add gender to ensure that we have the ability to afternoon, a number of people have the existing categories of race, reli- audit U.S. tax dollars from the time spoken on these issues. I am enor- gion, ethnic background, sexual ori- our officials award contracts through mously grateful to many of my col- entation, and disability. So a strong

VerDate Aug 31 2005 01:22 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G26SE6.062 S26SEPT1 hmoore on PRODPC68 with HMSENATE S12120 CONGRESSIONAL RECORD — SENATE September 26, 2007 Federal role in prosecuting hate crimes ter for Medical Services. This is a part Rather than looking at the esca- is essential for practical and symbolic of the current administration. lation of asthma, if we look at unmet reasons. This is the current administration’s health needs of children, we see the In practical terms, the bill will have assessment. We have the President’s dramatic difference in emergency vis- a real-world impact on actual criminal statement and now their assessment its of children before CHIP and after investigations and prosecutions by about the success of the program. CHIP, and this has had a dramatic im- State and Federal officials. This legis- We can understand why, when we pact on the wellness of children. lation can send a strong message to the look at this chart—this is National As has been pointed out by many of perpetrators of such crimes and to all Health Interview Survey—CHIP has re- my colleagues—and I do not intend to others who think we are going to sit duced the uninsured rate for children take a great deal more time—this is an back and watch our fellow citizens from when we started the program in issue of priorities. We know the pro- being attacked so brutally. 1997 to now, with the arrows going gram works. We know it is built on a What we are basically saying on the down, from 22 percent down to 13 per- delivery system which has been basi- issue of hate crimes is we are going to cent. This side of the aisle would like cally supported by the President. The fight it with both hands. Now the Fed- to have it go all the way down. It Medicare prescription drug program—I eral Government has one arm tied be- shows remarkable progress in an area didn’t agree with that delivery system, hind its back, unable to deal with the of important national need. but the President strongly supported problems of hate crimes. Now we are This chart demonstrates the rela- it. It is the law. The same delivery sys- saying: Yes, we are going to work with tionship between health and education. tem is used in the CHIP program. It is the locals; yes, we are going to work Enrollment in CHIP has helped chil- based on the private use of private in- with the State; but, yes, we are going dren learn. We passed an important surance, and it is paid for by, as we all to insist that all of the resources at the education program earlier this year. know, an increase in the tobacco tax, Federal level can be utilized when We are addressing now the K-through- which is going to mean additional ben- called upon in these horrific crimes of 12 challenge we are facing. Look at the efits in health for children. Here is the difference in children’s performance hate. cost: $35 billion over 5 years, $120 bil- These are some of the points that ratings before and after 1 year’s enroll- lion for the cost of Iraq. Stated dif- ment in CHIP. We have before, and we have been raised. I wanted to respond ferently, it is $333 million a day; CHIP are talking about paying attention in to them this afternoon. is $19 million. class, and after we find a dramatic in- Finally, this chart here really says it CHIP crease in the interest of children, and all. A quote from the mother of Mr. President, I see others of my col- before and after ‘‘keeping up with Alexiana Lewis: leagues here. I had planned to speak school activities.’’ If I miss a single appointment, I know she briefly for a few moments on another It is very understandable because the could lose her eyesight. If I can’t buy her issue we are going to vote on tomor- children are getting the health care medication, I know she could lose her eye- row, the SCHIP program. If any of our they need, they are getting eyeglasses, sight. If I didn’t have MASSHealth, my colleagues wanted to make a comment they are getting the hearing assistance daughter would be blind. on this, I will be glad to welcome it. they need, they are getting the medical This is one parent, and it is being Moving to this issue about the vote attention they need, and the results replicated by parents all over the coun- we will have tomorrow on the Chil- has been a dramatic increase in the try, by 6 million children and their par- dren’s Health Insurance Program that performance of schools. ents. I hope we are going to have a was developed to provide health insur- We have great issues and questions solid vote in support of that program ance to the children of working fami- about what works and what doesn’t on the morrow. lies—the very poor are covered by Med- work in education. What we know is, if I yield the floor. icaid, and CHIP is for the working fam- you have a healthy child, you have a The PRESIDING OFFICER. The ma- ilies. It has been a great success. The child who is going to do better in edu- jority leader. greatest failure has been we have not cation. Mr. REID. Madam President, there provided the kind of assurance we We are concerned in the Senate about will be no more votes today. We have should to all children who are in need disparities that exist in our society, tried all day to have more votes, but it of this program. the dramatic difference between the has been difficult to work that out. We This is the statement of the Presi- haves and the have-nots. We are very hope in the morning, at about 10:30, we dent: much concerned about that disparity, can have as many as five votes—three America’s children must also have a in the fields of education as well as to five votes. We are going to finish our healthy start in life. In a new term, we will health care, in our committee. work on hate crimes and SCHIP. That lead an aggressive effort to enroll millions of If we look at the disparities, the per- will require three to five votes. We poor children who are eligible but not signed centage of children with unmet health hope we can get that done with a unan- up for the Government’s health insurance needs before CHIP and after CHIP—this imous consent request; otherwise, we programs. We will not allow a lack of atten- is the Kaiser Family Foundation—we will work our way through it and the tion, or information, to stand between these see the difference between Blacks, rep- procedure will take care of most of it. children and the health care they need. resented by 38 percent, and Hispanics. I think there is a general feeling that I hope the Senate will heed that com- If we look at it during CHIP, we see this should be done. As indicated, I ment and that commitment because overall progress, and we see the dis- thought we were going to be able to that effectively is what we will be vot- parities reduced. This means we are have the votes today, but for various ing on tomorrow. looking at all children. We are con- reasons we were unable to do that. It It is difficult for many of us to under- cerned about all children, and the suc- has made it difficult for the two man- stand, when the President made that cess, according to the Kaiser Family agers of the bill, but, in fact, we have comment and that commitment to the Foundation, has been dramatic. been able to work out some amend- American people, that he would urge us One of the areas—and this is a typ- ments that have been offered. I just to reject the excellent proposal that ical one—is asthma. It is one that has wish we could have done more. has been basically accepted by the affected my family, and it is one in I respect so much the work of our House and the Senate. which there has been a dramatic in- manager on this side and Senator WAR- Quickly, this chart is the Center for crease over the last several years. Un- NER on the other side. They are cer- Medicare Services, known as CMS, re- questionably, it is because of the ad- tainly experienced at this, and we are port on CHIP, September 19, 2007. Over ministration’s changes in environ- confident we will be able to draw to a the past 10 years, CHIP has improved mental standards which put more poi- close, hopefully in the not too distant overall access to care, reduced the sons into the air, and I believe it is also future, the Defense authorization bill level of unmet needs, and improved ac- because of an increase of poverty in our and, shortly thereafter, move to the cess to dental care, expanded access to country. We have more children who Defense appropriations bill. preventive care, and reduced emer- are poor, more families who are poor The PRESIDING OFFICER (Mr. gency department use. This is the Cen- than ever before. PRYOR). The Senator from Michigan.

VerDate Aug 31 2005 01:22 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G26SE6.063 S26SEPT1 hmoore on PRODPC68 with HMSENATE September 26, 2007 CONGRESSIONAL RECORD — SENATE S12121 Mr. LEVIN. If the Senator from Illi- extremely good debate on the Biden- be spared that kind of additional bur- nois would yield for just a moment, I Brownback amendment. I always joke den, and it is difficult for many of us to would only urge our colleagues—and I about the House saying: We are going understand the strong opposition of the know Senator WARNER joins me in to do this much this week. And I say: administration. this—we have over 300 amendments Well, we will do this much this week I thank the Senator. that have been filed. We are clearing and feel good about what we have done. Mr. DURBIN. I might say to the Sen- some. We have cleared 10 more. We are getting to a point here where ator from Massachusetts that two out Mr. WARNER. We are up to 150 we have the ability to see the light at of three Americans support an increase cleared. the end of the tunnel, and we are push- in the tobacco tax for this purpose. It Mr. LEVIN. We have about 300 still ing toward that goal, and that goal is is a clearly positive thing for us to do. that need to be addressed one way or Monday as the drop-dead day on a So unlike the Iraq war, which we are the other. Either they are going to be number of things we have to do. not paying for at all in this instance, resolved, voted on, or dropped. We need The PRESIDING OFFICER. The as- we are paying for children’s health in- the full cooperation of every Senator sistant Democratic leader. surance with a tobacco tax, and I think to address this very large number of Mr. DURBIN. Mr. President, if there that is a much more responsible ap- amendments. We have made some are no others speaking on this Defense proach. progress in clearing amendments. We authorization bill, I would like to ad- Mr. President, I have a statement had two votes today on important dress my remarks to the Senator from here on the hate crime issue, but I see amendments. We look forward to those Massachusetts, who is still on the floor two other colleagues on the floor, and three to five votes in the morning. But and who spoke to us on the SCHIP pro- I don’t know what their schedules are. we still need the full cooperation of posal for the Children’s Health Insur- The PRESIDING OFFICER. The Sen- every Senator, and I would urge them ance Program, which has been in place ator from New York. to work with our staffs to see if we can for 10 years and works for so many Mr. SCHUMER. Mr. President, before clear as many additional amendments children so effectively. my friend and colleague from Illinois as possible. I might correct the Senator’s presen- sits down, I have a question. I am going Mr. REID. Mr. President, I say to my tation in one regard. I just left a meet- to speak on hate crimes, but that will friend, if we spent 3 more days on this ing of the Defense Appropriations Sub- be after the Senator from Vermont, bill, that means we would have to dis- committee. The request of this admin- who is waiting. pose of 100 amendments a day. If we istration for the next year for the war I would like to ask the Senator from spent 4 days on it, we would have to in Iraq is $189 billion—$189 billion. That Illinois a question. We, the Democrats, dispose of 75 amendments a day. So comes out to about $15 billion a month have a reputation of, well, tax and these managers have done excellent that they are asking for this war for spend, tax and spend. But just seeing work, and we know we can’t get the next year. It is my understanding my colleague from Massachusetts here, through all these amendments, but that this bill we are going to present to I realized that in the two major bills there are a lot we need to get through. the President to provide health insur- we have just done—and my friend from It is important, and we will cooperate ance for somewhere in the range of an Illinois has mentioned one on higher on this side in every way we can, and I additional 5 million kids is going to education and one on children’s am confident the minority will also. cost us $6 billion or $7 billion a year. health—A, we have paid for them. Un- The PRESIDING OFFICER. The Re- So the war in Iraq is costing us $15 bil- like what has been done on the other publican leader. lion a month; this program, which the side, say, with the prescription drug Mr. MCCONNELL. Mr. President, I President says we can’t afford, to pro- program, we paid for them. We are was not on the floor earlier, but I sus- vide health insurance for our own chil- being fiscally responsible. And we pect the leader was discussing this bill dren, will cost us about $7 billion a didn’t pay for them by hurting average as well as how we finish the week. year—a year. folks in terms of their taxes. The to- Mr. REID. Yes. Basically, I said there It would seem to me that a strong bacco tax, which the Senator from would be no more votes today; that America begins at home. It begins with Massachusetts just mentioned, and on somewhere in the morning, around our families, our kids, with our neigh- the college tuition, we are paying for 10:30, we will have three to five votes, borhoods and communities, and I think that by making the banks pay a little three or four on hate crimes—hope- the President has overlooked that. If more. Not a nickel of taxpayer money fully, only two—and one on SCHIP. we are going to be strong for the fu- is coming for that. When we finish that, we will find out ture, we have to help our kids have the where we are in relation to this bill. kind of health insurance coverage that So I ask my colleague, how would he Mr. MCCONNELL. Mr. President, I gives them a fighting chance. So I compare the record of the new major- concur completely with what the ma- thank the Senator. ity on fiscal responsibility compared to jority leader has indicated. We have Mr. KENNEDY. Will the Senator the old majority? been working together to try to figure yield for an observation? Mr. DURBIN. My colleague and out how we can wrap up the week. We Mr. DURBIN. I am happy to yield. friend from New York has served in have a number of other items, as he Mr. KENNEDY. The $35 billion will both the House and Senate, and he suggests, including the CR, and we are not be paid for by the taxpayers. knows that often promises are made on hoping to be able to get all this proc- Mr. DURBIN. That is right. important things we do. But we have essed at some point during the day to- Mr. KENNEDY. Which is really ex- kept our promise that we would have a morrow. traordinary. We have done the edu- pay-as-you-go plan. As we came up Mr. REID. Mr. President, we do have cation program, where we took some with new ideas for legislation, we paid a lot to do. There are a number of $20 billion from the lenders. This $35 for them—much different from what we other issues in addition to the CR that billion is going to be paid for with the saw around here as we were driven we have to finish before Monday. We increase in the cigarette tax, which in deeply into debt under the leadership have no choice. We have a farm bill we and of itself will have an extraor- of the other party. have to extend, and we have a number dinarily positive impact in the quality The war in Iraq is a classic example. of things we have to do. We are going of health for children in this country This President continues to wage this to work together to see what we can do and to the whole problem and chal- war and asks for money without any in that regard. It has been slow on this lenge of childhood addiction to nico- tax or cut in spending. He just adds to bill, but in spite of that, I think we tine. So I think it is important. the deficit of this country—a deficit have had one of the best debates we We hear a great deal about: Well, the which, unfortunately, is out of control have had on this bill. On the two figures the Senator mentioned are dra- and makes us beholden, mortgaged, to amendments we have dealt with, the matic in terms of the choice which is some of the largest countries in the Kyl-Lieberman amendment and the before the Members tomorrow in terms world. Webb amendment, I think that was of priorities. But you even add to that So I would say we have kept our very good debate. In addition, we had the fact that the taxpayer is going to promise. It is a pay-as-you-go promise.

VerDate Aug 31 2005 01:22 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G26SE6.067 S26SEPT1 hmoore on PRODPC68 with HMSENATE S12122 CONGRESSIONAL RECORD — SENATE September 26, 2007 AMENDMENT NO. 3035 hate crimes are a reality in America 1585, National Defense Authorization I would like to make this point on today. Act for fiscal year 2008. the hate crime amendment, and then I The existing Federal hate crime law Mitch McConnell, C.S. Bond, David will defer to my colleagues, who may was enacted 40 years ago, in 1968. It was Vitter, Lisa Murkowski, R.F. Bennett, be speaking on the same subject. passed at the time of Martin Luther Tom Coburn, Lindsey Graham, Jon Mr. President, the Senate is about to King’s assassination. It is an important Kyl, Wayne Allard, John Thune, Norm law, but it is outdated. Its coverage is Coleman, Richard Burr, Ted Stevens, consider a bipartisan amendment to Jeff Sessions, J.M. Inhofe, Thad Coch- the Defense Department authorization too narrow. Unless the hate crime falls ran, Michael B. Enzi. bill dealing with hate crimes which within one of six very narrow areas, The PRESIDING OFFICER. The ma- broadens the scope of the Federal hate prosecutors can’t use the law. For ex- jority leader is recognized. crime law in significant ways. It is one ample, if it takes place in a public Mr. REID. Mr. President, I say to my of the most important pieces of civil school, the Government can prosecute, distinguished counterpart, the senior rights legislation in our time, and I am but not in a private school. Senator from Kentucky, we have tried proud to cosponsor it. This hate crime law we are consid- real hard. This is the third time we Some people might ask: Haven’t we ering would expand the categories of have taken up this Defense authoriza- moved beyond the need for this in this people who would be covered and the tion bill. I understand the feelings Sen- modern age of the 21st century? Do we incidents covered as well. The current ator LEVIN, Senator WARNER, and Sen- still really need a hate crime law? Un- Federal law provides no coverage for ator MCCAIN have regarding this bill. Is fortunately, the answer is yes. hate crimes based on a victim’s sexual this a good time to file cloture? I don’t As Senator KENNEDY said on the Sen- orientation, gender or disability. think there is ever a good time. But I ate floor: Sadly, hate crimes data suggest that hate crimes based on sexual orienta- think that we have all had a pretty At a time when our ideals are under attack good picture of what is happening on by terrorists in other lands, it is more im- tion are the third most prevalent, after portant than ever to demonstrate that we race and religion. Our laws should not this bill. I would have to acknowledge practice what we preach and that we are ignore reality. that at some time, if the distinguished doing all we can to root out bigotry and prej- Some people have suggested that Republican leader had not filed clo- udice in our own country that leads to vio- banning hate crimes is a violation of ture, then we would have filed cloture. lence here at home. the first amendment and the right to Whether it would have been today is Sadly, there is no shortage of bigotry free speech. The Supreme Court has something we can talk about later. But and violence here at home. In the past been very clear that is not the case. In I don’t feel in any way the Republican week, there has been a national spot- 2003, in the case of Virginia v. Black, leader has surprised me. He has kept light on Jena, LA, where White high the Supreme Court upheld the validity me posted about some of his feelings on school students put up nooses in a tree of laws banning cross burning, one of this. to intimidate African-American stu- the ultimate hate crimes. In her opin- We have had a number of very com- dents—nooses—the ancient symbol of ion, Justice Sandra Day O’Connor plicated issues in this last couple of hatred and lynching. wrote: weeks because of the fiscal year draw- The problems with hate crimes and To this day, regardless of whether the mes- ing to a close. As a result of that, we racial tension are not confined to the sage is a political one or whether the mes- have procedural things that seem to al- South. Take a look at today’s Wash- sage is also meant to intimidate, the burning ways come up with the Senate. But in ington Post. An article entitled ‘‘Col- of a cross is a symbol of hate. spite of having said all that, we have leges See Flare in Racial Incidents’’ This week we celebrate the 50th anni- been able to accomplish a lot. It would said that a noose was found a few versary of the integration of Little have been much better had we not been weeks ago at the University of Mary- Rock Central High School. Arkansas at interrupted so many different times for land outside the campus’s African- that time was the crucible, the labora- various reasons, but that is what hap- American cultural center. This past tory for us to test whether America pened. weekend, a swastika was spray-painted was an accepting, diverse nation. Those We have spent 15 days on this bill, 15 onto a car parked on that same cam- nine students and those who stood be- legislative days on this bill. Other than pus. hind them had the courage to step immigration, I don’t think there is My home State of Illinois is not im- through those classroom doors and face anything we have spent this amount of mune to this same problem. Last the intimidation on the way. It is im- time on during this Congress. month, a judge in Chicago awarded $1.3 portant the Senate have the courage to f million to two victims of vicious hate confront the injustice of our time and crimes that were committed a few pass the bipartisan Kennedy-Smith CHILDREN’S HEALTH INSURANCE months after September 11 in Chicago’s hate crime amendment. PROGRAM REAUTHORIZATION West Loop. The victims—Amer Zaveri I yield the floor. ACT OF 2007 and Toby Paulose are American-born The PRESIDING OFFICER. The Re- Mr. REID. Mr. President, I ask the citizens of Indian descent. The per- publican leader is recognized. Chair lay before the Senate the mes- petrators yelled, ‘‘Are you Taliban?’’ CLOTURE MOTION sage from the House to accompany and ‘‘Go back to your country’’ before Mr. MCCONNELL. Mr. President, I H.R. 976, the children’s health insur- punching them, assaulting them, kick- have been working with the majority ance bill. ing them, and smashing a beer bottle leader in the hopes of helping us com- There being no objection, the Pre- on one of their heads, causing facial plete all these various items he and I siding Officer laid before the Senate fractures and lacerations. would like to complete in short order. the following message from the House Now, according to statistics compiled To us get to the end of the trail on the of Representatives: by the FBI, nearly 10,000 hate crimes underlying bill, I send a cloture motion Resolved, That the House agree to the are committed in America each year. to the desk. amendments of the Senate to the bill (H.R. Other estimates put the number closer The PRESIDING OFFICER. The clo- 976) ‘‘an Act to amend the Internal Revenue to 50,000. An increasing number are ture motion having been presented Code of 1968 to provide tax relief for small committed against gays and lesbians, under rule XXII, the Chair directs the businesses, and for other purposes,’’ with representing nearly 15 percent of all clerk to read the motion. amendments. hate crimes. The legislative clerk read as follows: CLOTURE MOTION The response from some Republicans, CLOTURE MOTION Mr. REID. I move to concur with the not from all—Senator GORDON SMITH of We, the undersigned Senators, in ac- House amendment, and I send a cloture Oregon is a prominent cosponsor of the cordance with the provisions of rule motion to the desk. Kennedy bill on hate crimes—but from XXII of the Standing Rules of the Sen- The PRESIDING OFFICER. The clo- some others, is that we need to study ate, do hereby move to bring to a close ture motion having been presented this issue. The studies have been done debate on the pending substitute under rule XXII, the Chair directs the over and over again. Sad to report, amendment to Calendar No. 189, H.R. clerk to read the motion.

VerDate Aug 31 2005 01:22 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G26SE6.069 S26SEPT1 hmoore on PRODPC68 with HMSENATE September 26, 2007 CONGRESSIONAL RECORD — SENATE S12123 The legislative clerk read as follows: Standing Rules of the Senate, do hereby But this amendment would not in- CLOTURE MOTION move to bring to a close debate on Calendar crease economic pressure on the Ira- No. 189, H.R. 1585, National Defense Author- We, the undersigned Senators, in accord- nian regime—instead it would provide ization Act for fiscal year 2008. ance with the provisions of rule XXII of the bellicose rhetoric which may serve as Mitch McConnell, C.S. Bond, David Standing Rules of the Senate, do hereby the basis of future military action Vitter, Lisa Murkowski, R.F. Bennett, move to bring to a close debate on the mo- John Coburn, Lindsey Graham, Norm against Iran. For that reason, I tion to concur in the House amendments to Coleman, Michael B. Enzi, John Thune, staunchly oppose it. the Senate amendments to H.R. 976, SCHIP. Jon Kyl, Richard Burr, Wayne Allard, Mr. HATCH. Mr. President, I rise Max Baucus, Ted Kennedy, Jeff Binga- Ted Stevens, Jeff Sessions, J.M. Inhofe, today to speak to an amendment that man, Patty Murray, Barbara Boxer, Thad Cochran. would increase the maximum Federal Tom Carper, Patrick J. Leahy, Charles Schumer, Maria Cantwell, Dick Dur- Mr. DODD. Mr. President, I want to age limit at which a member of the bin, Blanche L. Lincoln, Robert P. take a few brief moments to explain military, who has been honorably dis- Casey, Jr., Debbie Stabenow, Jack my votes this afternoon on two amend- charged, may become a Federal law en- Reed, B.A. Mikulski, Tom Harkin, ments to the Defense authorization forcement officer. Harry Reid. bill. The first, a resolution offered by Military servicemembers make ex- Mr. REID. I ask the mandatory my good friend from Delaware, and traordinary sacrifices on our Nation’s quorum call under rule XXII be waived. chairman of the Foreign Relations behalf. They are the defenders of our The PRESIDING OFFICER. Without Committee, Senator BIDEN, expressed freedoms, our liberties, and our secu- objection, it is so ordered. the Senate’s support for helping the rity. We owe each of them a great debt, and any appropriate compensation we AMENDMENT NO. 3071 Iraqis to seek a political solution to Mr. REID. I move to concur in the the current conflict in that country by can offer is a step toward repaying that first House amendment, with the supporting three Federal regions in national obligation. Many of our brave soldiers joined the amendment that is at the desk. Iraq. The PRESIDING OFFICER. The It is still my position that the United world’s finest military when they were clerk will report. States should not impose a political so- 18 years of age. Large numbers of them become career soldiers, serving 20 years The legislative clerk read as follows: lution on the Iraqis to which Iraqis are or more before retiring. The Senator from Nevada [Mr. REID] pro- opposed. According to recent polling in However, current U.S. law states that poses an amendment numbered 3071 to the Iraq, it seems as though Iraqis are not House amendment to the text of H.R. 976. applicants to Federal law enforcement yet ready to divide their country along positions must be between 23 and 37 The amendment is as follows: these lines. However, sectarian divi- years old. A servicemember who joins AMENDMENT NO. 3071 sions are already occurring by huge in- the military at the age of 18 and serves At the end of the amendment add the fol- ternal displacements in Iraq which are honorably for 20 years falls outside this lowing: direct results of the level of carnage federally mandated age range. I am This section shall take effect 3 days after and violence in that country. And if date of enactment. sure my Senate colleagues would agree Iraqis should decide that they would that members of the military, with Mr. REID. I ask for the yeas and like to devolve their country into three their training and experience, can be nays. separate sectarian regions, and if they highly suited for positions in Federal The PRESIDING OFFICER. Is there a choose this method as the best means law enforcement, and if otherwise sufficient second? There appears to be for ending the current conflict in that qualified should not be prohibited from a sufficient second. country, then I would wholeheartedly further serving their country by an ar- The yeas and nays were ordered. support that decision. This resolution bitrary, maximum age limit. AMENDMENT NO. 3072 TO AMENDMENT NO. 3071 calls for exploring that option, and if My amendment would increase the Mr. REID. I ask now that the clerk Iraqis decide to do so, then I will maximum age for Federal law enforce- report the second-degree amendment strongly support such action. ment recruitment to 47 years old for which is at the desk. I am deeply worried by the language military personnel who receive an hon- The PRESIDING OFFICER. The contained in the Kyl-Lieberman orable discharge. This means that clerk will report. amendment, and for what purposes this many more honorably discharged mili- The legislative clerk read as follows: language was introduced. Let me be tary members will be able to seek em- The Senator from Nevada [Mr. REID] pro- very clear, the Iranian regime is behav- ployment with Federal law enforce- poses an amendment numbered 3072 to ing in deeply troubling ways, in its ment agencies. This amendment is an amendment No. 3071. quest to secretly acquire nuclear weap- important tool in both recruiting and In the amendment strike 3 and insert 1. ons, to destabilize Iraq and Lebanon, retaining fine servicemembers. It is my Mr. REID. Mr. President, I think I in- and by calling for the destruction of hope that more would be willing to re- terrupted my distinguished friend. Did the State of Israel. We must deal with main in the military, knowing that he have more business to conduct? the various threats Iran poses in an ef- after they complete 20 years in uni- The PRESIDING OFFICER. The Re- fective, smart, and multilateral way, form, they will still have the oppor- publican leader is recognized. and I am prepared to do just that. tunity to serve our country as Federal f But we must also learn the lessons of law enforcement officers. the runup to the Iraq war, when this I have heard from several service- NATIONAL DEFENSE AUTHORIZA- body passed seemingly innocuous non- members who are considering an early TION ACT FOR FISCAL YEAR binding language that ended up having departure from the military so that 2008—Continued profound consequences. Our President they can become Federal law enforce- Mr. MCCONNELL. Are we back on must use robust diplomacy to address ment officers. It should be remembered the Defense bill? our concerns with Iran, not turn to the that many of these soldiers already The PRESIDING OFFICER. The Sen- language in the Kyl amendment to jus- have the necessary security clearances ator is correct. tify his action if he decides to draw for these positions. Furthermore, I be- CLOTURE MOTION this country into another disastrous lieve Federal law enforcement training Mr. MCCONNELL. I send a motion to war of choice. costs would be largely reduced because invoke cloture on the underlying bill I wholeheartedly agree that we of the military training of these indi- to the desk. should increase the economic pressure viduals. The American people need The PRESIDING OFFICER. The clo- on the Revolutionary Guard, or any qualified, competent law enforcement ture motion having been presented other entity of Iran, and that is why as officers, and what greater pool from under rule XXII, the Chair directs the chairman of the Banking Committee, I which to draw than experienced and clerk to read the motion. held a hearing to determine how best professional military retirees? I am The legislative clerk read as follows: to use targeted, robust, and effective anxious to see this arbitrary retire- CLOTURE MOTION sanctions against any elements in the ment limit changed for military per- We, the undersigned Senators, in accord- Iranian regime who are supporting and sonnel and I encourage my colleagues ance with the provisions of rule XXII of the exporting terrorism and extremism. to support this important amendment.

VerDate Aug 31 2005 03:15 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G26SE6.071 S26SEPT1 hmoore on PRODPC68 with HMSENATE S12124 CONGRESSIONAL RECORD — SENATE September 26, 2007 Mr. MENENDEZ. Mr. President, in challenges her State faces due to the law required that the savings from recent years, our country has seen a severe equipment shortages. National those retirements be devoted to mod- major shift in the way that our Na- Guard units throughout the country ernizing the remaining bombers, and tional Guard has been used. Tradition- are facing such equipment shortfalls, the law prohibited any further retire- ally, our Guard units have supple- and with tornadoes, floods, hurricanes, ments until a next generation bomber mented our active duty troops during a and forest fires affecting our nation an- was available—probably around 2018. major war or conflict. But as America nually, it is imperative that the Na- I will ask that section 131 of the John faces ever-increasing military chal- tional Guard have the equipment it Warner National Defense Authoriza- lenges, we see these citizen soldiers needs to respond accordingly in the tion Act for Fiscal Year 2007 be printed now replacing active duty troops in op- face of these emergencies. in the RECORD, along with the relevant erations around the world. Since Sep- That is why I introduced the recently sections of the House and Senate tember 11, many Guard members have passed amendment that expresses the Armed Services Committees’ reports been called to active duty for multiple sense of Congress that the Army and on that law. tours, and this is likely to continue in Air National Guard should have suffi- Unfortunately, there have been some the foreseeable future. cient equipment available to achieve efforts to try to find a way around that The National Guard has played a their missions inside the United States law. For a while, it looked like there critical role in Operation Iraqi Free- and to protect the homeland. might be an effort to play games with dom and Operation Enduring Freedom. This Congress always talks about the assignments of the B–52 fleet, by Currently, almost 15,000 guardsmen and supporting our troops—well we need to doubling up the assignments of aircraft women are deployed in Iraq and Af- remember that supporting our troops that we now use for training and call- ghanistan and 242,271 have been de- means supporting the National Guard ing them ‘‘dual coded’’ training and ployed since the beginning of Oper- and providing them with the equip- combat aircraft. Then, instead of retir- ations in Iraq and Afghanistan. These ment they need not only for missions ing B–52s, they would simply mothball tours have stretched our National abroad but here at home. In the coming them. But mothballed aircraft will do Guard to the limit, and have severely months, I will be working with my col- nothing to preserve our ability to fight depleted our Guard’s equipment. In re- leagues to see that this Congress pro- and win two wars. ality, much of the equipment that is vides the necessary funding to address Based on the analysis of the Armed sent into theater never returns with these severe equipment shortages. In Services Committee and my own staff’s the Guard units when their tour of the meantime, I hope that the entire analysis, it is clear that slashing the duty is complete. This exacerbates the Senate will support this amendment. size of our B–52 force would signifi- issue of equipment reset. Mr. CONRAD. Mr. President, our Na- cantly increase the risks we face in While we consider the strain that our tion’s bomber fleet is a vital national fighting and winning two nearly simul- current operations in Iraq and Afghani- asset. Bombers today offer global taneous contingencies. If we retired 38 stan are placing on our National reach, operational responsiveness, and B–52s, it would be impossible for the Guard, we must also remember that close air support for troops on the Air Force to deploy a bomber force the Guard has another important re- ground in ways that their designers comparable to the one we used during sponsibility: providing security at could never have imagined. While our the initial days of the war in Iraq. Dur- home. In the past few years, we have bomber fleet is currently aging, there ing the initial 30 days of combat in seen the valuable role that the Army is virtually no chance that new long- Iraq, the Air Force used more than 80 and Air National Guard play in pro- range bombers will enter service before B–52s so it could sustain a deployed viding support during domestic emer- 2020. force of 42 B–52s at forward operating gencies. I know that in my State of If we remove bombers from our ac- locations overseas. Obviously, the Air New Jersey, the National Guard came tive force and do not furnish them with Force could not repeat that feat with to the rescue during the 9/11 terrorist critical upgrade programs, they will be just 56 B–52s. attacks, and was also instrumental in irretrievably lost. This will create a Moreover, the war in Iraq has tied helping during the aftermath of the ‘‘bathtub’’ in bomber capabilities that down a large share of our land forces flooding that wracked New Jersey last will last over a decade. and increased our dependence on the year. The guardsmen and women also Over the last 2 years, the administra- Air Force for dealing with any addi- provided critical support in response to tion has proposed dramatically tional crises. Chairman of the Joint the hurricanes that severely damaged downsizing our bomber force, particu- Chiefs General Peter Pace has made the gulf coast in 2005. Unfortunately, larly by cutting the B–52 force from 94 the situation very clear. He said, ‘‘If our current military operations abroad aircraft to 56. Neither the House nor another, [conflict] popped up tomor- have left our National Guard without the Senate found the administration’s row, regardless of where, . . . you much of the equipment it needs to re- arguments for cutting the bomber fleet would have the Navy and the Air Force spond to some of the domestic emer- persuasive. They both concluded that being able to get there very quickly.’’ gencies I have just mentioned. making deep B–52 retirements would Because we were concerned about the In February of this year, the Na- put at risk our military’s ability to risks to our warfighting ability, last tional Guard Bureau released a report carry out the national security strat- year Congress barred the Pentagon entitled ‘‘National Guard Equipment egy. Let me quote from the House from retiring B–52s until the submis- Requirements,’’ which detailed the Armed Services Committee’s report: sion of a comprehensive Bomber Road- ‘‘Essential 10’’ equipment needs to sup- Committee also understands that the cur- map study by an independent research port domestic missions. The shortfalls rent B–52 combat coded force structure is in- institution. That study still has not in equipment total $4 billion, and cover sufficient to meet combatant commander re- been completed. quirements for conventional long range Some people have tried to tie the B– areas including logistics, security, strike, if the need should arise to conduct si- transportation, communications, med- multaneous operations in two major regional 52 issue to an altogether different ques- ical, engineering, aviation, mainte- conflicts. tion: whether the Air Force will be al- nance, civil support teams and force The Senate Armed Services Com- lowed to retire a long list of old air- protection, and join force headquarters mittee had similar concerns: craft in its inventory that currently and command and control. Without the The Committee is concerned that any fur- have restrictions on their operation or proper equipment, the National Guard ther reduction in the B–52H total aircraft in- are even grounded. Let me be clear. As will not be able to respond as quickly ventory will create unacceptable risk to na- chairman of the Budget Committee, I and effectively in missions here at tional security and may prevent our ability strongly agree that we need to retire home. to strike the required conventional target unserviceable aircraft. There is no We saw an example of this in May set during times of war. point in paying to maintain aircraft when tornadoes ripped through Kansas. Because of these concerns, last year that we cannot fly. Although the Kansas National Guard Congress enacted defense legislation The B–52 is not part of that problem. was able to respond to the disaster, allowing the retirement of only 18 B– While it has flown for many years, the Governor Sebelius spoke out about the 52s, reducing the fleet to 76. But the B–52 is still a young aircraft in flying

VerDate Aug 31 2005 01:22 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G26SE6.028 S26SEPT1 hmoore on PRODPC68 with HMSENATE September 26, 2007 CONGRESSIONAL RECORD — SENATE S12125 hour terms. The Air Force has said (1) RETIREMENT LIMITATION.—During the B– remaining B–52s, B–1s, and B–2s to support that today’s H-model B–52 is flyable for 52 retirement limitation period, the Sec- global strike operations. However, the com- another 30 to 40 years. Most commer- retary of the Air Force— mittee understands that the estimated $680.0 million savings garnered from the proposed cial airliners have several times as (A) may not retire more than 18 B–52 aircraft; and B–52 retirement in the remaining Future many cycles per aircraft and airframe (B) shall maintain not less than 44 such Years Defense Program (FYDP) has not been hours as the B–52, which spent most of aircraft as combat-coded aircraft. reinvested into modernizing the current the Cold War sitting alert on the (2) B–52 RETIREMENT LIMITATION PERIOD.— bomber force, but has instead been applied ground. For purposes of paragraph (1), the B–52 re- towards Air Force transformational activi- In fact, the B–52 is in many ways the tirement limitation period is the period be- ties. The committee also understands that most valuable aircraft in our inven- ginning on the date of the enactment of this the current B–52 combat coded force struc- Act and ending on the date that is the ear- ture is insufficient to meet combatant com- tory. Today’s B–52 has been modernized mander requirements for conventional long- and can carry the widest range of lier of— (A) January 1, 2018 range strike, if the need should arise to con- weapons of any aircraft we own. It has (A); and duct simultaneous operations in two major the highest mission capable rate in the (B) the date as of which a long-range strike regional conflicts. bomber force, and it costs the least to replacement aircraft with equal or greater Additionally, the committee is concerned operate of any bomber. The FY 2006 re- capability than the B–52H model aircraft has that the decision to retire 38 B–52 aircraft is primarily based on the nuclear warfighting attained initial operational capability sta- imbursement rate for the B–52 is $10,000 requirements of the Strategic Integrated Op- tus. per flying hour less than the B–1B and erations Plan, and did not consider the role (b) Limitation on Retirement Pending Re- $4,000 per flying hour less than the B–2. of the B–52 in meeting combatant com- port on Bomber Force Structure— Does it make sense to try to save mander’s conventional long-range strike re- (1) LIMITATION.—No funds authorized to be money by cutting the portion of the quirements. The committee disagrees with appropriated for the Department of Defense the decision to reduce the B–52 force struc- bomber force that is by far the least may be obligated or expended for retiring expensive to operate and has the high- ture given that the Air Force has not begun any of the 93 B–52H bomber aircraft in serv- the planned analysis of alternatives to deter- est utilization and mission capable ice in the Air Force as of the date of the en- mine what conventional long-range strike rates? I don’t think so. actment of this Act until 45 days after, the capabilities and platforms will be needed to The B–52 is an indispensable tool for date on which the Secretary of the Air Force meet future requirements. our nation’s military, being used in submits the report specified in paragraph (2). The committee is deeply concerned that combat overseas on a daily basis. It is (2) REPORT.—A report specified in this sub- retirement of any B–52 aircraft prior to a re- section is a report submitted by the Sec- crucial that we maintain a sizeable placement long-range strike aircraft reach- retary of the Air Force to the Committees on ing initial operational capability status is bomber force and that each plane is Armed Services of the Senate and the House premature. Further, the committee strongly outfitted with the most techno- of Representatives on the amount and type opposes a strategy to reduce capability in logically advanced equipment. of bomber force structure of the Air Force, present day conventional long-range strike The Conrad-Dorgan-Landrieu-Vitter including the matters specified in paragraph capability in order to provide funding for a amendment reinforces the law we (4). replacement capability that is not projected passed last year requiring a B–52 force (3) AMOUNT AND TYPE OF BOMBER FORCE to achieve initial operational capability of no less than 76 aircraft. This amend- STRUCTURE DEFINED.—In this subsection, the until well into the future. Therefore, the committee included a provi- ment requires that the 76 aircraft B–52 term ‘‘amount and type of bomber force structure’’ means the number of each of the sion (section 131) in this Act that would pro- force include 63 active aircraft, 11 following types of aircraft that are required hibit the Air Force from retiring any B–52 backup aircraft and two reserve air- to carry out the national security strategy aircraft, except for the one B–52 aircraft no craft, just as it did in 2006. It will proof the United States: longer in use by the National Aeronautics hibit the Pentagon from reducing the (A) B–2 bomber aircraft. and Space Administration for testing. maintenance status of some B–52s and (B) B–52H bomber aircraft. Additionally, this section would require the Air Force to maintain a minimum B–52 creating ‘‘hangar queens’’ that are not (C) B–1 bomber aircraft. (4) MATTER TO BE INCLUDED.—A report force structure of 44 combat coded aircraft regularly flown. until the year 2018, or until a long-range The Conrad amendment also requires under paragraph (2) shall include the following: strike replacement aircraft with equal or technological upgrades to the entire B– (A) The plan of the Secretary of the Air greater capability than the B–52H model has 52 fleet, ensuring the planes are using Force for the modernization of the B–52, B– attained initial operational capability status. the latest in defense technology. It 1, and B–2 bomber aircraft fleets. (B) The amount and type of bomber force states that the entire fleet must be SENATE REPORT 109–254 ON S. 2766 (NATIONAL structure for the conventional mission and kept in a ‘‘common configuration.’’ DEFENSE AUTHORIZATION ACT FOR FY 2007) strategic nuclear mission in executing two The Senate and House Armed Services LIMITATION ON RETIREMENT OF B–52H BOMBER overlapping ‘‘swift defeat’’ campaigns. Committees have already authorized AIRCRAFT (SEC. 144) (C) A justification of the cost and projected additional funding for B–52s to ensure savings of any reductions to the B–52H bomb- The committee recommends a provision that the full 76 aircraft fleet is up- er aircraft fleet as a result of the retirement that would authorize the Secretary of the graded. of the B–52H bomber aircraft covered by the Air Force to retire up to and including 18 B– It makes absolutely no sense to try report. 52H aircraft of the Air Force. The committee to save money by cutting the cheapest (D) The life expectancy of each bomber air- expects the remaining B–52H aircraft inventory to be maintained in a common aircraft bombers to operate. With ongoing con- craft to remain in the bomber force structure. configuration that includes the Electronic flicts in Iraq, Afghanistan and else- Countermeasure Improvement, the Avionics (E) The capabilities of the bomber force where around the world, our Nation Mid-life Improvement, and the Combat Net- structure that would be replaced, aug- should accelerate the modernization of work Communication Technology modifica- mented, or superseded by any new bomber tion efforts. The committee expects no fur- our bomber force rather than shrinking aircraft. ther reduction in the B–52H total aircraft in- it. (5) PREPARATION OF REPORT.—A report I thank the distinguished managers ventory, including the current inventory lev- under paragraph (2) shall be prepared by the els for combat coded Primary Mission Air- of the bill for their support of this Institute for Defense Analyses and submitted craft Inventory and Primary Training Air- amendment and look forward to work- to the Secretary of the Air Force for sub- craft Inventory. The committee is concerned ing with them as the Defense author- mittal by the Secretary in accordance with that any further reduction in the B–52H total ization bill moves toward enactment. that paragraph. aircraft inventory will create unacceptable I ask unanimous consent that the risk to our national security and may pre- HOUSE REPORT 109–452 ON H.R. 5122 (NATIONAL material to which I referred be printed vent our ability to strike the required con- DEFENSE AUTHORIZATION ACT FOR FY 2007) ventional target set during times of war. in the RECORD. There being no objection, the mate- B–52 FORCE STRUCTURE RETIREMENT OF B–52H BOMBER AIRCRAFT (SEC. rial was ordered to be printed in the The budget request included a proposal to 145) retire 18 B–52 aircraft in fiscal year 2007, and The committee recommends a provision RECORD, as follows: 20 B–52 aircraft in fiscal year 2008. that would prohibit the use of any funds H.R. 5122 (NATIONAL DEFENSE AUTHORIZATION The committee understands that the 2006 available to the Department of Defense from ACT FOR FY 2007) Quadrennial Defense Review directed the Air being obligated or expended for retiring or SEC. 131. BOMBER FORCE STRUCTURE. Force to reduce the B–52 force to 56 aircraft dismantling any of the 93 B–52H bomber air- Requirement for B–52 Force Structure— and use the savings to fully modernize the craft in service in the Air Force as of June

VerDate Aug 31 2005 03:15 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A26SE6.029 S26SEPT1 hmoore on PRODPC68 with HMSENATE S12126 CONGRESSIONAL RECORD — SENATE September 26, 2007 1, 2006, until 30 days after the Secretary of The PRESIDING OFFICER. The ma- are covered by Federal law including the Air Force submits to the Committees on jority leader is recognized. sexual orientation. Armed Services of the Senate and the House f In addition, this legislation gives of Representatives a report on the bomber much needed resources and assistance force structure. The committee directs that MORNING BUSINESS the report shall be conducted by the Insti- to State and local law enforcement of- tute for Defense Analyses and provided to Mr. REID. I ask unanimous consent ficials in investigating and prosecuting the Secretary of the Air Force for trans- we now proceed to a period for morning these crimes. mittal to Congress. The committee is trou- business with Senators permitted to Let me clear, this legislation allows bled that the Air Force would reduce the B– speak therein for a period of up to 10 the Federal Government to act only 52 bomber fleet without a comprehensive minutes each. with the consent of State or local law analysis of the bomber force structure simi- The PRESIDING OFFICER. Without enforcement officials. lar to the last comprehensive long range objection, it is so ordered. This law can be seen as a backstop— bomber study, which was conducted in 1999. The Senator from New York is recog- in case State hate crime laws do not nized. cover a particular crime, or if State or CONFERENCE REPORT 109–702 ON H.R. 5122 (NA- TIONAL DEFENSE AUTHORIZATION ACT FOR Mr. SCHUMER. Mr. President, I rise local officials need the resources of FY 2007) today in strong support of the Matthew Federal law enforcement. BOMBER FORCE STRUCTURE (SEC. 131) Shepard Act as an amendment to the This should assuage any federalism The House bill contained a provision (sec. DOD authorization bill. concerns that some of my colleagues 131) that would prohibit the Air Force from Federal hate crimes legislation is a may have. retiring any B–52 aircraft, except for the one much-needed and long missing piece of Additionally, Congress has the clear B–52 aircraft no longer in use by the Na- the civil rights and criminal law puz- mandate to act in this arena, based on tional Aeronautics and Space Administra- zle. both our authority under the com- tion for testing. The provision would require First, I would like to thank my merce clause and the 13th amendment. the Air Force to maintain a minimum of 44 friend and colleague, Senator KENNEDY, This type of crime—violence based on B–52H combat coded aircraft until the year for his determination and leadership on a person’s skin color, religion, eth- 2018 or until a long-range strike replacement this bipartisan amendment. nicity, or other traits and characteris- aircraft with equal or greater capability than the B–52H model has attained initial I would also like to thank my friends tics, are as old as slavery itself. It is operational capability. and colleagues—Majority Leader REID unconscionable. Matthew Shepard was The Senate amendment contained similar and Chairman LEVIN—for their support killed because of his sexual orienta- provisions (secs. 144–145). Section 144 would of hate crimes legislation and this tion. Who can defend that? Who can allow the Secretary of the Air Force to re- amendment. Many people had amend- say we should not increase the strength tire up to 18 B–52H bomber aircraft in fiscal ments they wanted on this bill, but of the laws to deal with that hatred, year 2007. Section 145 would prevent the obli- Senator LEVIN and Senator REID under- bigotry and nastiness? gation or expenditure of funds for the retire- stood the importance of this legisla- Hate crimes differ from other crimes ment or dismantling of any of the 93 B–52H bomber aircraft in service in the Air Force tion. because the criminals target groups of as of June 1, 2006, until the Secretary sub- Dr. King once said ‘‘In order to an- individuals who have been tradition- mits to the Committees on Armed Services swer the question, ‘where do we go ally marginalized or stigmatized in our of the Senate and the House of Representa- from here?’. . . we must first honestly society. tives a report on the amount and type of recognize where we are now.’’ This violence directly affects an indi- bomber force structure required to carry out We are still in a time where racism vidual’s ability to feel safe and secure the National Security Strategy of the United and other hatred are ever-present. in a particular location, and has the ef- States. We are still in a time when our old fect of forcing people from their homes, The Senate recedes with an amendment that would authorize the Secretary to retire scars and wounds from times past have or impeding their ability to travel. up to 18 B–52H bomber aircraft, but maintain not healed. Additionally, hate crimes are greater not less than 44 combat coded B–52H bomber Yes, we have made progress, but all crimes. These crimes affect an entire aircraft, beginning 45 days after the Sec- of us know we have a long way to go. community. They are not aimed at one retary submits to the Committees on Armed And the only way we can get there is if individual. In fact, they are often not Services of the Senate and the House of Rep- we travel together, as one Nation. aimed at the individual upon whom resentatives a report prepared by the Insti- And if our Federal Government can they are committed but, rather, a tute for Defense Analyses on the amount and say with one strong, unified voice that much broader group. In that sense, type of bomber force structure required to crimes based on hatred will not be tol- carry out the National Security Strategy of these crimes are anti-American. They the United States. The amendment would erated, then that is a step forward. fly in the face of American pluralism, also prohibit retirement of more than 18 B– And we can also say that those hate- ‘‘E Pluribus Unum’’ that is on every 52s until a long-range strike replacement mongers who commit these crimes will dollar bill we see. Yes, out of many, aircraft with equal or greater capability has not get off lightly; but rather will pay one. Those who commit hate crimes attained initial operational capability status the consequences of committing a are saying: No, there are certain or until January 1, 2018, whichever occurs crime against a larger community. groups of people who should not be- first. We can all say this together by vot- come part of the American fabric. The conferees direct the Secretary to in- ing for the Matthew Shepard Act be- clude in the report: What could be more un-American (1) the plans to modernize the Air Force fore us today. The act is named for a than that? bomber fleets; brave and courageous individual, who Hate crimes must stop. The violence (2) the amount and type of bomber force re- was killed simply because of who he directly affects an individual’s ability quired in executing two overlapping ‘swift was. This act deserves a quick and to feel safe and secure in a particular defeat’ campaigns involving both conven- strong passage. location and has the effect of forcing tional and strategic nuclear missions; We have been here before. In 2004, people from their homes or impeding (3) a justification of the cost and projected this body passed hate crimes legisla- their ability to travel. But, addition- savings associated with any reductions to the B–52H bomber aircraft fleet; tion, only to see it stripped away in ally, they are greater crimes because (4) the life expectancy of each bomber air- conference. And I stand before my col- they affect an entire community, not craft to remain in the bomber force struc- leagues today to say—it is time to pass just one individual. In that way, these ture; and this legislation once again. crimes hurt all of us—the American (5) the capabilities of the bomber force Current Federal hate crime laws are community. structure that would be replaced, aug- inadequate to deal with the rising tide Because of that, the perpetrators of mented, or superceded by any new bomber of hate crimes that are tearing at the these crimes should be punished for aircraft. very fabric of our communities. their actions; both Federal and local The conferees expect the Secretary to maintain all retired B–52H bomber aircraft, This legislation would remove the law enforcement working together to retired in fiscal year 2007 or later, in a condi- ‘‘federally protected activity’’ require- punish the perpetrator is an important tion known as ‘Type-1000 storage’ at the Air- ment that currently exists, and also and sometimes necessary signal show- craft Maintenance and Regeneration Center. expand the groups of individuals that ing that violence motivated by hatred

VerDate Aug 31 2005 03:06 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A26SE6.033 S26SEPT1 hmoore on PRODPC68 with HMSENATE September 26, 2007 CONGRESSIONAL RECORD — SENATE S12127 is not tolerated at any level. This legis- I come to remind my colleague of the and she was fed through a tube. So I lation enjoys a broad range of support weight of the situation presented to us. saw firsthand the struggle these fami- from numerous civil rights organiza- We have the opportunity to better the lies go through. She is doing so well tions to the National District Attor- lives for millions of children, children today, and it was because she had good, neys Association; rightfully so, since and low-income families. We can do it excellent health care at Minneapolis this affects all of us as Americans. I by lifting the burden and lessening the Children’s Hospital. urge my colleague to vote for this im- struggle that confronts those who are Well, not all families have access to portant piece of civil rights and crimi- uninsured. that health care. When I think of what nal law. Today, 45 million Americans are liv- happened to her and how she was able I hope we will get an overwhelming ing without access to affordable health to get stronger and stronger, even vote from both sides of the aisle, a con- care. The worst part of it, the saddest though she was this tiny little baby on demnation of hatred, a condemnation part of it, is that 9 million of them are an x-ray machine, I think all kids of pointing to a particular group and children and they are uninsured. Kids should have that right. saying: You don’t belong. You can be without access to affordable health Unfortunately, President Bush and subject to vicious and nasty crimes. care are at an enormous risk, an enor- his administration continue to fight ef- I yield the floor. mous disadvantage as they grow up and forts to expand SCHIP, a popular and Ms. KLOBUCHAR. Mr. President, I start to make their life in this world. effective program. The administration ask to speak as in morning business for Children without health coverage are recently put in place a restrictive rule 10 minutes. less likely to get basic preventive care, that makes it nearly impossible for The PRESIDING OFFICER. The Sen- less likely to see a doctor regularly, States such as Minnesota to expand ator has that right. and less likely to perform well in their program. f school. Children without health cov- I want to remind the President this issue is not about scoring political HATE CRIMES erage are often more likely to show up at the hospital sicker and more likely points or pushing an ideology. It is Ms. KLOBUCHAR. Mr. President, to develop costly chronic diseases. about bettering the lives of America’s first, I wanted to make some comments I used to represent the biggest emer- future generation. Today we are mak- about the hate crimes bill. I am proud gency health care center in our State, ing a choice, either to support a prov- to be a cosponsor of that bill. Actually, Hennepin County Medical Center, when en, effective program that has helped this came out of my work as a pros- I was Hennepin County Attorney. I can children in all States or supporting the ecutor in Minnesota. We had a number tell you this, when people do not have status quo which could lead to more of cases that involved crimes that were health care, when children do not have kids losing health care coverage as motivated by hate. Sometimes they health care, they do have a doctor. The States struggle to make ends meet. were found to be hate crimes under our doctor is the emergency room, and we If the Children’s Health Insurance law; sometimes they were not. The all pay for it. That is why making sure Program fails to pass the Senate or the ones I remember most—the little 14- that people have health insurance, that President chooses to veto its reauthor- year-old boy shot in the middle of the these children have health insurance, ization and deny children access to this day by a guy who said he wanted to go is actually, in the end, better for all of vital program, the consequences could out and kill a Black kid on Martin Lu- us, better for taxpayers and certainly prove dire for Minnesota’s children and ther King Day. better for the kids. families. It is estimated that an addi- We had a Hispanic young man who The Children’s Health Insurance Pro- tional 35,000 Minnesotans who would could only speak Spanish, working in a gram was established to reverse the otherwise be uninsured would be en- factory, and his boss got mad at him troubling problem of uninsured youth. rolled in this program should this bill because he didn’t speak English and he It is a successful program that deserves be signed into law. If the President was speaking Spanish and he took a 2 to reach even more children. This is uses his veto power, he will deny by 4 and hit him over the head. important because, first, it is the de- health care to 86,000 uninsured Min- We had a temple that was desecrated. cent thing to do for American kids, nesotan children who may have been We had a number of cases, but what I who, through no fault of their own, are enrolled with the passage of this bill. most remember about this was when growing up in families who simply can- From a fiscal standpoint, our State the hate crimes bill was first intro- not afford health care. But it is also once again loses out if this bill fails to duced in Washington, I had the honor important because it is something that pass. With changes in the allotment of introducing President Clinton when is good for all of us, and something program and the formula, Minnesota he announced his support for the hate that is important because it is a smart would receive an increase of over $50 crimes bill. investment. It is a smart investment to million in fiscal year 2008 to fund our Before we went into the event, I got make sure these kids get preventive children’s health insurance and Med- to meet the investigators in the Mat- care. It is a smart investment to help icaid Program. If the bill fails, Min- thew Shepard case, two burly cops America’s children grow up as healthy nesota would be presented with a fund- from Wyoming. They talked about the as they can be. ing shortfall leaving low-income fami- fact that until they had investigated I was at a senior center the other lies in a frightening situation. that case, they had not dealt with day, and I told the seniors: The reason This program is very important to ideas of what this victim’s life was you should care about this is you need our State. Our Governor, a Republican like. They did not want to think what someone who is going to pay your So- Governor, supports it, as has the Gov- his life was like. And then they got to cial Security in the end. We need kids ernors Association. He has written let- know the family in that case, they got who grow up who can participate in our ters asking us to approve this bill. to know the mom, and they got to economy and can work. It is a smart We are proud to have one of the low- know the people surrounding Matthew investment to have America’s children est rates of uninsured in our State in Shepard, and their own lives were in school, focused on learning, rather the Nation, partially because of this changed forever. I hope that by passing than distracted by sickness or injury. program, and partly because we have this bill, by doing the right thing, we It is a smart investment to have Amer- been innovative in bolstering coverage can change the lives of other Matthew ica’s children get medical care through for low-income kids and their parents. Shepards, and other victims of hate a sensible system of health insurance Since Minnesota was ahead of the crimes. rather than having them end up in a curve in covering kids before this pro- SCHIP hospital emergency room at the tax- gram was created, Minnesota uses a I did come tonight, Mr. President, on payers’ expense. portion of these Federal dollars to pro- the eve of what I hope will be a victory When my daughter was born, she was vide coverage to their parents. This is for the children and families in Min- very sick. She couldn’t swallow. We did because ample evidence proves that nesota and the Nation—passage of the not know how long she was going to be when parents get coverage, kids are children’s health insurance reauthor- in the hospital. She actually could not more likely to have health coverage. I ization bill. swallow for about a year and a half, am glad to see that the compromise

VerDate Aug 31 2005 01:53 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\G26SE6.074 S26SEPT1 hmoore on PRODPC68 with HMSENATE S12128 CONGRESSIONAL RECORD — SENATE September 26, 2007 bill we reached largely retains the pa- I yield the floor, and I suggest the ab- Representatives they don’t have such rental coverage in these special cases. sence of a quorum. provisions for filibuster. The House had Many of my colleagues have ex- The PRESIDING OFFICER. The some deference to the Senate. I appre- pressed concern about the CHIP pro- clerk will call the roll. ciate that. But I also appreciate the gram replacing private insurance. I am The legislative clerk proceeded to fact that a lot of my colleagues—and reminded, though, of the testimony of call the roll. these are Republican colleagues to CBO Director Orszag who reported to Mr. GRASSLEY. Mr. President, I ask whom I refer, not Democratic col- the Finance Committee this summer unanimous consent that the order for leagues—said so often during the that this program is about as efficient the quorum call be rescinded. months of consideration of this bill be- as a program can be. The PRESIDING OFFICER. Without fore we finally passed it the first time That being said, this bipartisan legis- objection, it is so ordered. that this $35 billion didn’t mean much lation makes an effort to mitigate the Mr. GRASSLEY. Mr. President, are that we passed in the Senate because replacement of private insurance by re- we in morning business? the House of Representatives passed a quiring GAO and the Institute of Medi- The PRESIDING OFFICER. The Sen- $50 billion CHIP bill and it would come cine to report on best practices for en- ate is in morning business. back much bigger. I tried to say to my rolling low-income children who need Mr. GRASSLEY. I ask unanimous colleagues at that particular time that assistance the most. It requires the consent to speak for what time I might there would have to be a realization Secretary to help States implement consume. that if we were going to avoid a fili- those methods. I believe this rational The PRESIDING OFFICER. Without buster in the Senate, we would have to approach will prove to be effective in objection, it is so ordered. have something closer to the Senate reducing crowdout and will protect the f provisions than the House. So I empha- State’s flexibility, contrary to the SCHIP size that this is pretty much the legis- Bush administration’s overly restric- lation the Senate originally passed, al- tive rule that essentially bars States Mr. GRASSLEY. Mr. President, soon beit right now it is a compromise be- from expanding their program. I do not the Senate will be debating the Chil- tween the House and Senate. There was know why you would want to bar dren’s Health Insurance Program. I a cap on new spending of $35 billion. States from expanding their program might refer to that from time to time There are no Medicare provisions in when we are living in a time when as CHIP, C-H-I-P, Children’s Health In- this bill as there were in the Senate more and more children have less and surance Program. bill. Spending is paid for by an increase less health coverage. This program is sunsetting in a week. in the cigarette tax. I commend the When I went around my State in the The program was started 10 years ago, majority in the House and Senate for last 2 years, I would go to cafes and we a product of a Republican-led Congress. cooperating with Senate Republicans would think maybe 10 people would It is a targeted program. It is a pro- and for working with us on our prior- show up, so we would set the table up gram designed to provide affordable ities during the negotiations that led with 10 chairs. Then 100 people would health coverage for low-income chil- show up. These were middle-income to this agreement. This compromise dren of working families. Those are agreement is consistent with the prin- people, lower income people. I finally families, working families, who make realized when you have got less money ciples we put forth in the Senate bill. too much to qualify for Medicaid but Mr. REID. Mr. President, would my in your pocket, when health care pre- struggle to afford private insurance friend yield? miums go up 100 percent, as they have and may not even have it. Mr. GRASSLEY. Of course I will. in our State in the last decade, you feel Last July, because this program has Mr. REID. I was in my office with the it first in your pocket. When it costs to be reauthorized right now, the Sen- TV on listening to my friend from 100 percent more to go to college, as it ate Finance Committee reported bipar- Iowa. I was compelled to come to the does at the University of Minnesota in tisan legislation to enhance and im- Chamber. I have been in Washington the last 10 years, and you are a middle- prove CHIP by a strong vote of 17 to 4. for a long time as a Member of Con- class person, a low-income person, you In August, the Senate passed the Fi- gress. I served in other offices before I feel it first in your pocket. nance bill with the same bipartisan came. All my adult life I have been in- That is what has been going on in support by a vote of 68 to 31. On Tues- volved in government one way or the this country. There has been an enor- day, 265 Members of the House of Rep- other. They were all part-time jobs mous shift of resources away from the resentatives voted for the bill that now until I came back. The reason I came great majority of people in this coun- will be before the Senate. That bill is a to the floor is that in my experience try who are just trying to get by, to product of informal conferencing be- the very top echelon of people in this over all these many years I have rarely tween the House and Senate. Clearly, country. seen anyone with the leadership that We are trying to reverse that with we have a bill with strong bipartisan this ranking member, former chairman this Congress. We are trying to change support. I want to emphasize that be- of the Finance Committee, offered with that with this Congress. We need vital cause this is the way the Senate Fi- this very difficult children’s health programs such as children’s health in- nance Committee has operated over a issue. I say that without qualification. surance more than ever, especially as long period of time, both with Repub- I have said it in closed meetings, and I these rising health care costs force licans in control and Democrats in con- have said it in public meetings, and I families to tighten their budget. trol. Senator BAUCUS worked very say it before the American people this The President should reconsider his closely with me when we were in the afternoon. I wish we could have done threat to veto, and my colleagues who majority. Senator BAUCUS has contin- more with this. I wish we could have say they are against this bipartisan ued that working relationship now that done more. But, as I said, and as the compromise legislation should recon- Democrats control the Congress and he distinguished senior Senator from Iowa sider their opposition. I thank the Fi- is chairman of the committee. I wel- heard me say in my office, in my years nance Committee for their efforts to come and appreciate that bipartisan in government, I have spent more time bring this bill to the floor, and to ex- leadership. It is obviously represented on this issue than anything else I have pand this important, successful initia- in this product that will soon be before ever worked on. We could not be at the tive. It is not only good for American the Senate. point we are now but for the Senator kids, it is good for our families, it is This legislation maintains the funda- from Iowa. good for all of us. mental provisions of the Senate. I want It has been very difficult. The House When I think about the health care to emphasize that it maintains the fun- had to give up a tremendous amount of my daughter got when she could not damental provisions of the Senate bill what they wanted. The Senator from even swallow and all of the doctors who not to denigrate the work of the House Iowa and I both served in the House. were there to help her and the nurses of Representatives but as a reflection They are two different institutions. It who were there to help her, all kids of the fact that we had to work out is difficult for the House, from my hav- should have that kind of beginning. something that would not be filibus- ing served there, to understand and ap- That is what this bill is about. tered in the Senate. In the House of preciate the difficulties we have here.

VerDate Aug 31 2005 01:53 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\G26SE6.075 S26SEPT1 hmoore on PRODPC68 with HMSENATE September 26, 2007 CONGRESSIONAL RECORD — SENATE S12129 I don’t know how I can say more than the Federal match rate for States that that is before the Senate and passed what I have said. I am impressed with cover parents. It includes new improve- the House last night replaces the CMS the way Senator GRASSLEY has handled ments to reduce the substitution of letter with a more thoughtful, reason- this bill. We had difficult issues that public coverage for private coverage. able approach. came with the House because they had This compromise bill maintains the The Government Accountability Of- so much, and we were only going to focus on low-income uninsured children fice and the Institute of Medicine offer them a lot less than what they and adds coverage for more than 3 mil- would produce analyses on the most ac- wanted. But the Senator from Iowa was lion low-income children. curate and reliable way to measure the firm. He was gracious. He was a gen- The compromise bill discourages rate of public and private insurance tleman through it all. States from covering higher income coverage and on best practices by As I have told a number of people, kids by reducing the Federal matching States that they would take to address with CHUCK GRASSLEY, no one ever has rate for States that wish to expand eli- crowdout problems because we don’t to wonder how he stands. It is not ‘‘I gibility over 300 percent of Federal want to create a public program that will go talk to my staff,’’ or ‘‘I will get poverty limits. It rewards States that moves people from one private cov- back to you.’’ He told us in those meet- cover more low-income kids by pro- erage to the other. That has happened ings what he could do and what he viding targeted incentives to States to some extent over the last few years. couldn’t. I was compelled to come to that increase enrollment for coverage We don’t want to go further. This deals the floor because we had a real gesture of low-income kids. So there is a very with that problem. We want to talk of statesmanship by the Senator from clear message to the States, all 50 about people who don’t have any Iowa with this SCHIP legislation. States: Cover your poorest kids, mean- health coverage rather than moving Mr. GRASSLEY. Mr. President, being your kids from low-income fami- people from private to public. fore the distinguished Senate majority lies, first. Don’t spend money on child- Following the two reports that are leader leaves, I thank him for those less adults, as we heard so often during referred to by the Institute of Medi- very kind remarks. I also want to rec- the debate. The word CHIP has no A in cine, as well as the Government Ac- ognize him. Without his being an hon- it. It is for children, not adults. Don’t countability Office, the Secretary, in est broker as an intermediary between spend money on parents unless you can consultation with the States, under the House and the Senate, particularly prove you are covering low-income this bill will develop crowdout best among Democrats, I don’t think we kids. Don’t spend money on higher in- practices recommendations for the would be here either. I appreciate that come kids unless you can prove that States to consider and develop a uni- very much. As a person who has your State is covering your lower inform set of data points for States to worked hard on this for 4 months, it come kids first. It is all there in black track and report on coverage of chil- wouldn’t have happened without the and white. Everybody can read it. dren below 200 percent of Federal pov- Senate majority leader as well. I thank I get a sense, talking to some of my erty guidelines and on crowdout. him very much. colleagues, that they haven’t read Next, States that extend CHIP cov- Getting back to the bill, I want to ex- what we are going to be voting on. erage to children above 300 percent plain that this is fundamentally the Anyone who suggests this bill is an ex- FPL must submit to the Secretary a Senate bill. We had a cap on new spend- pansion to higher income kids or other State plan amendment describing how ing at $35 billion. That is where the populations, as has been done under they will address crowdout for this Senate was. The Senate didn’t have some waivers given by the Bush admin- population, encouraging the best prac- any Medicare provisions in their bill. istration, is simply not reading the tices recommended by the Secretary to The House did. We didn’t have any in bill. limit moving people from private cov- our bill, the House had Medicare provi- Since the Senate passed a bill the erage to public. After October 1, 2010, sions in theirs. Those are dropped out. first time, the subject of crowdout has Federal matching payments will not be There is a lot of Medicare provisions become a lot more important in the de- permitted to States that cover children that we must act on, but Senator BAU- bate. I want to define the word whose families’ income exceeds 300 per- CUS and I want to do that as separate ‘‘crowdout.’’ That is the substitution of cent of poverty, if the State does not pieces of legislation. We will do that, public coverage for people who were meet a target for the percentage of and we have committed to the House to previously in private insurance, indi- children at or below 200 percent of pov- do that. vidual or corporate, health care poli- erty enrolled in CHIP because we want Spending is paid for by an increase in cies. Crowdout occurs in CHIP because the emphasis upon low-income children the cigarette tax. That is similar in the CHIP benefit is attractive and being covered. And at the lower income both the House and Senate. I do want there is no penalty for refusing private level, less have to have insurance in to commend the majority in the House coverage if you are eligible for public the private sector as opposed to higher and Senate for cooperating with Senate coverage. income people maybe having to have Republicans and for working with our On August 17, the Center for Medi- that. So, simply put, cover lower in- priorities during the negotiations that care and Medicaid Services put out a come kids first or the State does not led to this agreement. This com- letter giving States new instructions get money to cover higher income kids. promise agreement is consistent with on how to address the crowdout, trying Now, I know some people are ob- principles that we put forth in the Sen- to stop going from private coverage to sessed with the State of New York in ate bill. I made clear during the debate the CHIP program. I appreciate the ad- their efforts to cover kids up to 400 per- on the bipartisan Senate bill before we ministration’s willingness to engage cent of poverty. It seems to come up in originally passed it that the Senate this issue. They have some very good the talking points of every person who went as far as I was willing to go in ideas. But I also think there are some is against the legislation now before terms of spending and politics. It flaws in that policy stated on August 17 the Senate. This bill does not change makes sense that we stayed true to the by the Secretary of HHS. States are the CHIP eligibility rules in any way— Senate bill. The Senate, after all, had a supposed to cover 95 percent of the low- not one bit. This bill does not expand veto-proof majority. So it made sense est income kids under that policy the CHIP program to cover middle-in- to stay as close as possible to that suc- statement. But it has been a month come families or higher income kids. It cessful formula, if the President would since they have issued the policy state- does not do it. The bill actually goes in go through with his statement of veto ment, and CMS still cannot explain the other direction. The real fact is the and actually veto it. what data States should be using to bill makes it very difficult for any The legislation before this body make that determination about 95 per- State to go above 300 percent of pov- maintains all of the key policy provi- cent. Personally, I believe CMS should erty. It will make it very difficult for sions of the Senate-passed bill. This bi- have answers before they issue policies. New Jersey, the only State currently partisan bill refocuses the program on If they still can’t explain how it works covering kids above 300 percent of pov- low-income children. It phases adults a month later, I believe, as the saying erty, to continue to do so if they do not off the program. It prohibits a new goes, they obviously aren’t ready for do a better job of covering low-income waiver for parent coverage. It reduces prime time. So the compromise bill kids.

VerDate Aug 31 2005 01:53 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\G26SE6.078 S26SEPT1 hmoore on PRODPC68 with HMSENATE S12130 CONGRESSIONAL RECORD — SENATE September 26, 2007 If you are concerned about the State The Congressional Budget Office re- efforts of using tax deductibility of pri- of New York, well, do not waste your ports that your budget proposal, Presi- vate insurance to take care of medical time looking at this bill. You will not dent Bush, for SCHIP for fiscal year problems generally but mostly the find answers to New York’s fate here in 2008 would result in a loss of coverage— problems of the uninsured. this legislation. The answer is where it not an increase of coverage that you So I think we can move in ways of has always been—in the office of the say you want—a loss of coverage of 1.4 accomplishing what the President Secretary of HHS, Mike Leavitt. Only million children and pregnant women. wants to accomplish, but it just could he has the authority to allow any State Increasing the numbers of uninsured not be done on the SCHIP. So you have to cover children up to 400 percent of children is clearly not the goal you ex- to do what you have to do around here. poverty. The authority to approve pressed or what we want to accomplish If it takes two steps to get the job what States do with the CHIP program in our legislation. So we carry out the done, you do it. So I want everybody to rests with him and no one else. This policies of covering the kids you want know I am not abandoning any efforts bill does nothing to change that au- to cover with the amount of money to take care of the uninsured. I am thority. That is a fact. I heartily en- that will do it. That is what we have going to work with Senator WYDEN on courage those of you who have not read done in this legislation before us. that. the bill and are talking along this line Now, this bill does not warrant the Now, if I could go to the debate, the to read the bill. You will find out that overheated rhetoric we heard in the overheated rhetoric we had last night what I have just said is a fact. It is all House last night. in the House. This is a bill which im- there in black and white. I want to say to the President—be- proves coverage for kids who are poor. I also want to say a few words about fore I get on to the point about what This bill does not make it easier for il- the President’s position on this bill and was said in the House last night—also, legal immigrants to get benefits. I do speak directly to the President, as I the President has another policy he not know how that comes up, but that spoke to him on the phone at 10 min- wanted to work into this SCHIP reau- red herring has been going on over the last 24 hours, and somehow people be- utes to 9 last Thursday about why he thorization. He wanted to use the pri- lieve anything they are told. Here is a should not veto this bill. vate sector and use the tax deduct- case of reading the bill again. The bill Mr. President, it is unfortunate that ibility of individual policies to cover clearly states that funds cannot go to you are not—or at least there are some—and even a great amount—of uninsured people. He thought the SCHIP illegal immigrants. words out that you are not—going to The desperate efforts I heard on the bill would be a vehicle to do that. I support this bill, that you might veto House side to suggest this bill makes it agree with the President’s policy on it. I would hope, Mr. President, that easier for illegal immigrants to get doing that. you would reconsider. I would hope benefits simply strains credibility. The There was a period of time—during that you would sign this bill. President bill does not extend eligibility for ille- February, March, and April—that we Bush, you yourself made a commit- gal immigrant children or pregnant were negotiating with the White House ment to covering more children. I women. I heard that. could quote several times you have when I said I thought very much what The bill does not make CHIP an enti- said this. But I will go back to some- Senator WYDEN of Oregon was trying to tlement. Now, we all know what the thing I heard you say personally. It do—and the Senator is on the floor— definition of ‘‘entitlement’’ is. That was during the Republican National was worthy of doing. I asked the White was thrown out in the debate in the Convention in New York City. Mr. House would they try to find some help Senate 2 months ago when we had this President, you were very firm on this for me and Senator WYDEN, that maybe bill up. An entitlement is something point. Here is what you said. I want to we could do this. They did not find any that, if you qualify for it, you get it, quote what you said: support for that. They still say they and the money comes from the Federal America’s children must also have a want to do that, but sometime along Treasury, and there is no limit on the healthy start in life. In a new term, we will April or May, we had to make a deci- amount of money. That is an entitle- lead an aggressive effort to enroll millions of sion here. Were we going to do what ment. This is a specific amount of poor children who are eligible but not signed the President wanted to do on SCHIP? money which is going to be spent on up for the government’s health insurance So we could not do what the White this program. Not one dollar more can programs. We will not allow a lack of atten- House wanted to do through the pri- be spent. This is not an entitlement. tion or information to stand between these vate sector as part of SCHIP, so in children and the health care they need. Even as recently as a meeting I was in order to negotiate a bipartisan agree- within the last 4 hours, among a mass So, Mr. President, that is what you ment, we had to forget that aspect. But of my colleagues, that argument was said back at the Republican Conven- I promised the White House all the used. I do not know how intellectually tion. You were reelected. You have a time that I was going to be working for dishonest you can be. You are a Mem- lot of mandates you are trying to carry those goals of covering the uninsured ber of the U.S. Senate. You know what out. This Republican Senator is trying through tax deductibility of individual the language of Government is. Maybe to help you carry out that mandate policies, as Senator WYDEN has sug- the people at the grassroots do not you were elected on based on that gested, and get universal coverage, think of entitlements the way we do. speech you made. even, if we can. I am still committed to They do not think of programs, appro- I think that you, Mr. President, were that. priated accounts the way we do. But pretty clear in your convictions then. I I spoke to the President of the everybody who has been around this would like to repeat your words be- United States about that last Thursday Senate a few months knows what those cause I think they are very important. when I was on the phone with him. I things are. And to call this program an President Bush, you said that you said: Let’s get this SCHIP behind us. entitlement is intellectually dishonest. would ‘‘lead an aggressive effort to en- And I am going to join Senator WYDEN This bill is not a Government take- roll millions of poor children . . . [in] in his effort to do it so we can get bi- over of health care, either. And you the government’s health insurance pro- partisanship started on that issue, as heard that. This bill is not socialized grams.’’ That is the end of your quote. well as what we have on SCHIP. medicine. Screaming ‘‘socialized medi- I am happy to make sure we fulfill that So I am asking President Bush: cine’’ during a health care debate is commitment you made, President Won’t you please consider signing this like shouting ‘‘fire’’ in a crowded the- Bush, but I believe your current budg- bill, and then let Senator WYDEN and ater. It is intended to cause hysteria et, where you suggested $5 billion me work with you on trying to take that diverts people from reading the more, does not do the job. I happen to care of the 47 million people who do not bill, looking at the facts. agree with your policy. I think this bill have health insurance—do it through To those of you, my colleagues, who carries out your policy. But I do not the private sector, do it through the make such outlandish accusations, I think, President Bush, this bill can do tax deductibility of policies like that. say: Go shout ‘‘fire’’ somewhere else. that. You obviously cannot do that for We even had Senator CLINTON, in her Serious people are trying to get real the $5 billion more you have in your statement in Iowa, in her campaign for work done. Now is the time to get this bill. the Presidency, speak along the same work done.

VerDate Aug 31 2005 01:53 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\G26SE6.080 S26SEPT1 hmoore on PRODPC68 with HMSENATE September 26, 2007 CONGRESSIONAL RECORD — SENATE S12131 I appreciate very much the leader- dustrialized world which today does jority is that the American people ship Chairman BAUCUS has provided. I not guarantee health care to all of its would like a health insurance system thank him and Senator ROCKEFELLER people. I just came back the other day guaranteeing health care to all people for what they did to reach a bipartisan from a trip to Costa Rica, and this administered by the Government and agreement because they gave as much small, poor country manages to cover paid for out of the tax base. as Senator HATCH and I gave as we all of its people. Yet, in our country, When I go back to Vermont, I find were negotiating—the four of us—for we have 47 million Americans who have strong support for the Medicare Pro- this bipartisan agreement. no health insurance, and we have some gram, I find strong support for the I also extend a sincere thanks to Sen- 9 million children who have no health Medicaid Program. Veterans want to ator HATCH, who is on the floor with insurance. see a significant increase in VA health me, for being a part of this effort. Sen- I always find it ironic that the Amer- care, which is, in fact, a 100-percent ator HATCH was the main Republican ican people seem to get from the White controlled Government program. In sponsor of this bill 10 years ago, cre- House what they don’t want, and they fact, Mr. Nicholson, who is head of the ating the State Children’s Health In- don’t get what they do want. The Veterans’ Administration, former head surance Program. His commitment to American people want to end the war of the Republican Party, says—and I the ideals and fundamentals of the pro- in Iraq as soon as possible, a war which think he is quite right—that the Vet- gram is steadfast, and the program is will soon be costing us, if you can be- erans’ Administration provides some of better for it. lieve it, $750 billion—three-quarters of the very best quality health care in the When we began the debate on CHIP, I $1 trillion—which even in Washington United States of America, and they wrote down some principles I want to is a lot of money. For the war in Iraq, have been honored by national organi- refer to—principles I gave my staff for Halliburton contracts, we seem to zations who have looked at health care that I believed in that I thought were have an endless supply of money. The quality and have awarded distinction accomplishable goals in this reauthor- American people don’t want it, but to the Veterans’ Administration, which ization. I probably wrote these down— that is what they are getting. is, by the way, a 100-percent Govern- well, anyway, I will refer to them. But On the other hand, the American peo- ment-run health care system. We have I wrote these principles down in my ple do want health insurance for their federally qualified health systems, own handwriting and handed them to children. The American people strongly health care programs all over America my staff and said this is how I think we support—and the polls are very clear which time and time again are ac- ought to proceed with the negotiations about this—the SCHIP program. The knowledged to be tremendously suc- on the CHIP bill. I am not going to go American people would like all of the cessful. They are supported in a very through and read it line by line, but children in this country to be covered. strong, bipartisan way here in the Con- this is what I wrote down sometime That is what they want, but that is gress. They provide health care to mil- back in February, and I am going to what they are not getting. lions of Americans—Government refer to some of these without holding What this bill, in fact, does do, which health care. So I think we should per- this paper up again. is very good—and I mentioned a mo- haps end this bogeyman mentality of Here are some highlights of these ment ago my congratulations to Sen- Government health care—how terrible principles I wrote down entitled ‘‘Prin- ator GRASSLEY and Senator HATCH for an idea it is. In fact, the American peo- ciples on SCHIP and How They Com- their efforts—is it takes us somewhere. ple want more Government health care pare to The Bill.’’ It provides health insurance for 5 mil- in this country. It cannot be a middle-class entitle- lion more children, which is clearly a Our health care system has serious ment, I said. This bill is not an entitle- significant step forward, and I will problems. In fact, it is in the midst of ment. It must be paid for. This bill is strongly support this legislation. disintegrating. We have 47 million paid for. It is interesting to me that from the Americans today who have no health Another principle I wrote down is White House the main argument, it ap- insurance, and that number, since that it must be focused on families pears, for opposition to this particular President Bush has been in office, has below 200 percent of Federal poverty piece of legislation, and the reason gone up by over 7 million. The cost of level. This bill is focused on those low- they are threatening to veto it, one of health care is soaring. More and more income families. the key reasons is this is an expansion people are not only uninsured, they are Another principle: Kids should be of ‘‘government health care’’—govern- underinsured. Despite all of that, our covered before adults. This bill clearly ment health care. Let me read to my country continues to spend twice as makes that a requirement. colleagues to whom it might be of in- much per capita on health care as any Another thing I said is the program terest, and to the American people, a other Nation on Earth. Meanwhile, de- should be capped—not an open-ended poll on the economy done a few weeks spite all of that spending, despite all of entitlement to States. The program ago by CBS News, from September 14 the people who are uninsured, our continues to be capped in this bill. to September 16. This is the CBS poll. health status measures—including in- I am here to say that my principles Question No. 1: Which do you think fant mortality and life expectancy and remain intact in this compromise doc- would be better for the country: Hav- the kind of work we do in disease pre- ument; therefore, I support the coming one health insurance program cov- vention—ranks very low compared to promise bill and I urge my colleagues ering all Americans that would be ad- other developed countries. We spend to do the same. ministered by the government—admin- more, we get less value, we have more I yield the floor. istered by this terrible government— and more people uninsured, our health The PRESIDING OFFICER (Ms. and paid for by taxpayers, or keeping care system is disintegrating, and it is CANTWELL). The Senator from Vermont the current system where many people high time, in my view, that the United is recognized. get their insurance from private em- States ends the national disgrace of f ployers and some have no insurance? being the only country in the industri- So CBS asked: Do you want a govern- alized world that does not provide CHIP ment-administered program covering health care to all people. Mr. SANDERS. Madam President, be- all people or do you want the current Not only are more and more people fore he leaves the floor, let me con- system? The response from the Amer- uninsured; this system is even incapa- gratulate Senator GRASSLEY for his ican people was 55 percent believe in ble of providing the doctors we need, very fine work on this legislation, and one health insurance for all Americans especially in rural America. In cities Senator HATCH as well. It has been a administered by the government; 29 we have doctors who are specialists true bipartisan effort. I want to take percent want to maintain the current earning millions of dollars a year, but this discussion in a little different di- system. somehow this system can’t get doctors rection. I strongly support the SCHIP We hear a lot of discussion from the into rural America, into primary program. I happen to believe it is a dis- White House about how terrible ‘‘gov- health care, into internal medicine. We grace that the United States of Amer- ernment health care’’ is, and yet what lack dentists all over this country. We ica remains the only country in the in- the polls show by an almost 2-to-1 ma- have a major nursing crisis, such that

VerDate Aug 31 2005 01:53 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\G26SE6.081 S26SEPT1 hmoore on PRODPC68 with HMSENATE S12132 CONGRESSIONAL RECORD — SENATE September 26, 2007 we are depleting the health care sys- cerned, to this very important bill in- ony is not related to Federal jurisdic- tems of the Philippines and other coun- tended to help our military, and it tion. He said such a requirement would tries, because we are not educating our should not be included on this legisla- be ‘‘outdated, unwise, and unneces- own nurses. So we have some major tion. Yet, as long as my colleagues in- sary,’’ but that requirement is ground- problems. sisted on filing a politically problem- ed in the Constitution itself. With all In terms of the SCHIP program, it is atic hate crimes amendment to this due respect to my friend from Massa- hard for me to understand—it is hard legislation, it was important that we chusetts, the Constitution is not out- for me to begin to understand—how have a balanced debate. dated, unwise or unnecessary. this President can be threatening to My amendment would provide Fed- Not only does Congress lack author- veto this legislation. We hear in the eral assistance to the States and local- ity to create such a freestanding hate Congress a whole lot about family val- ities in the prosecution and investiga- crimes felony, the States are already ues. Well, if taking care of our children tion of bias motivated violence. That is handling this issue. is not a family value, then I don’t what we are talking about here: bias The Kennedy proposal would end up know what a family value is. It is clear motivated violence. treating the less serious bias crimes also that providing health insurance to I want to be absolutely clear. No too harshly, putting people who com- our children is what is cost effective. one—nobody in this entire body or in- mitted misdemeanors under State law Forget the suffering involved. Forget stitution—believes for one second that in Federal prison, and treating the the children who deal with illness they such crimes are ever acceptable. No- most serious bias crimes too harshly, are not getting treated for because body in this body believes that. So with no death penalty even for the their parents don’t have health insur- those who want to make political most heinous murders as in the case of ance. Look at the cost-effective aspect points by suggesting that are plain James Byrd in Texas. of this. What kind of thinking is in- wrong, and they should stop. This bill goes further even than the volved when we say: No, we can’t pro- The question is: What is the proper Kennedy proposals of the past. vide health insurance for you, but role of the Federal Government in the Let me mention a number of prob- when you get sick because you haven’t prosecution of these crimes? This needs lems that I perceive with Senator KEN- gone to the doctor, oh, yes, we will op- to be a matter that we keep in careful NEDY’s hate crimes amendment. First, erate on you and we will spend tens balance. Our States are the primary as noted yesterday, the Kennedy guarantors of our rights and liberties. and tens of thousands of dollars to take amendment is different from the hate As far as I can see, having watched it care of you when you are in the hos- crimes bill offered in past Congresses. for years, the States have handled pital? This amendment adds ‘‘perceived . . . Let me conclude by saying that the these crimes very well. In every case I gender identity’’ as a protected class. time is long overdue for this country to can think of—there may be some ex- What does this concept mean? The Sen- get its priorities right. We should not ceptions, but I don’t know of any—the ate has held no hearings on the mean- continue spending hundreds of billions State has handled these matters ade- ing of this phrase or how far this of dollars on a war the American peo- quately and well and people have been phrase would allow the courts to go. prosecuted and convicted. Some have ple don’t want. We should not, as the How far would some of the courts in- been put to death; others have been President and some in this institution terpret this phrase? The bill’s defini- sentenced for life. tion is vague; it raises more questions want, give $1 trillion in tax breaks to The States are the primary guaran- than it answers. Would this include the wealthiest three-tenths of 1 percent tors of our rights and liberties. I think wearing an earring? Would it include by repealing the inheritance tax. One we must respect the hard and decent an assault of a man with long hair or a trillion dollars over 20 years, we have work of the States as they secure equal money to do that, but we don’t have, justice under the law for all of our citi- woman with short hair? What about a apparently, $35 billion to provide zens in the respective States. woman wearing long hair? Are all pro- health insurance to 4 million children With due respect to my colleagues tected the same under Federal law? in this country. This Congress has to and good friends, Senators KENNEDY What about different kinds of clothing? Clearly, there would be cases that reorder and change the priorities estab- and SMITH, I do not think this amend- lished in the White House, and I believe ment strikes the right balance. In fact, fall safely within the drafters’ intent, that passing this SCHIP program will I think this amendment is not needed. but can Senators be confident of what be a good step forward, a first step for- It has plenty of difficulties. It is con- this language means? I do not think so. ward to be followed by much more. stitutionally very questionable. Do they want to pass a law to put I yield the floor. And frankly, it should not be on this judges or juries in charge of inter- The PRESIDING OFFICER. The Sen- bill. If they want to bring it up, they preting the meaning of clothing and ator from Utah is recognized. can do it separately. It should not be personal style? Again, there have been Mr. HATCH. Madam President, I on the bill because the President indi- no hearings in the Senate to give any won’t take much time about SCHIP, cated that he is not going to put up guidance to Senators for this vote. only to say I hope our colleagues will with this type of legislation on this When the House passed this bill, the vote for the SCHIP bill. It is a real bi- bill. This is not because of a lack of White House released a SAP promising partisan effort made by Democrats and dedication on his part in prohibiting a veto. To pass the Kennedy amend- Republicans over a long period of time hate crimes. He is as dedicated as any- ment is to jeopardize the Defense au- with a lot of give by House Democrats body in this body to targeting these thorization bill altogether. and House Democratic leadership be- crimes, and that includes the distin- The Justice Department has also in- cause they wanted a bill. I hope we guished Senator from Massachusetts. dicated it supports the concepts found pass that bill. I will identify my re- So I rise to oppose both hate crimes in my alternative proposal. marks to a large degree with the re- and the Kennedy hate crimes amend- There is no evidence that hate crimes marks of the distinguished Senator ment. A conviction against bias-moti- go unprosecuted in the States. For ex- from Iowa who spoke earlier. vated violence does not justify sup- ample, as Dr. COBURN recently pointed AMENDMENT NO. 3047 porting a proposal that is unwise, un- out on the floor, the killers of Matthew Madam President, I wish to discuss necessary, and unconstitutional. Shepard—for whom this bill is named— an amendment addressing the subject This amendment would create a new were successfully prosecuted under of hate crimes that I have filed on this Federal criminal felony, punishable by State law. And recall that the killers national defense bill. I do not think up to 10 years in prison, for willfully of James Byrd in Texas several years that hate crimes legislation should be causing bodily injury because of a per- ago were sentenced to death under attached to this defense bill. The issue son’s perceived race, color, national or- State law. But there is no death pen- of hate crimes has nothing to do with igin, religion, gender, sexual orienta- alty provided for in the Kennedy the matter before us, our national de- tion, disability, or—get this—gender amendment. By the way, Senator KEN- fense. identity. NEDY cannot make the case that the Frankly, this Kennedy amendment Senator KENNEDY made a specific States are inadequate in their handling has no relationship, as far as I am con- point earlier today that this new fel- of these crimes. I don’t think he can

VerDate Aug 31 2005 01:53 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\G26SE6.083 S26SEPT1 hmoore on PRODPC68 with HMSENATE September 26, 2007 CONGRESSIONAL RECORD — SENATE S12133 make the case the States are not doing gotten it on its way to the House of I wish to have this issue addressed by a good job of handling these crimes. Representatives and then to the Presi- the Senate quickly because, first, our These kind of crimes are intra-State dent, so our soldiers will have the bene- kids need it so much and, second, be- crimes. I do not think he can make the fits this bill provides for. cause if we can get it done quickly, he case there is a sufficient nexus of inter- Adding hate crimes to it may lead to and I, Senator GRASSLEY, and so many state commerce to justify what I con- a veto of the whole bill. That would be other colleagues on the Finance Com- sider to be the unconstitutional Ken- just plain tragic, especially since we mittee still want to work in a bipar- nedy amendment. know of the President’s suggestion tisan way to go further. The Senator from Massachusetts that he will veto the hate crimes bill. Mr. HATCH. Will the Senator yield? stated earlier that ‘‘all hate crimes So I am concerned about it. I under- Mr. WYDEN. Yes. will face a Federal prosecution.’’ stand Senator KENNEDY’s motivation Mr. HATCH. I thank the Senator for If that is true, then prepare for a on this. He wants to get it on a bill his kind remarks, which come from massive federalization of basic crimi- that has to pass both Houses of Con- somebody who I know takes health nal law, which is handled well by the gress. But it ought to be on a bill re- care very seriously and has proven States. Maybe 100 years ago you could lated to hate crimes or related to himself to be one of the leaders in find States not enforcing hate crime criminal law, not something that can health care. I personally pay tribute to laws, but I do not think you will find scuttle this important Defense author- the other Members who have also that today in any State in this Union. ization bill. I personally feel badly that worked so hard on the SCHIP bill; in There is not a person in the Senate so many of these days have gone by particular, Senator KENNEDY. I remem- who wants those crimes to go with amendments that have nothing to ber back in the early days, when it was unpunished. But the States are han- do with the defense of our country or a lonely thing for Senator KENNEDY dling them well. Why would we bring our soldiers in Iraq and Afghanistan and I to go around the country talking the almighty arm of the Federal Gov- and elsewhere around the world. about helping the poor kids, the only ernment into these matters? I yield the floor. ones left out of the health care system. There are also several reasons this The PRESIDING OFFICER (Mr. It took a leading liberal such as Sen- bill is unconstitutional. Consider one: CASEY). The Senator from Oregon is ator KENNEDY and this poor, old beat- The Supreme Court held that certain of recognized. en-up conservative to be able to do the criminal provisions of the Violence f that. Against Women Act were unconstitu- CHILDREN’S HEALTH CARE I am grateful we were able to come tional because most crimes of violence up with a bipartisan bill that the Mr. WYDEN. Mr. President, I hope against women were not interstate in House was kind enough to work with us tomorrow the Senate will pass ur- nature. I have to admit I was a prime on. That was one of the rare bipartisan gently needed help for millions of cosponsor, along with Senator BIDEN, America’s children. I hope it will be efforts this year that I would like to of VAWA. I was somewhat disappointed done quickly because it is a moral see more of in the Congress. I sure hope somehow or another we in that decision, but that is the deci- abomination that millions of Amer- can get the CHIP bill not only author- sion. That is our constitutional law. ica’s kids don’t have health care. If the The Kennedy amendment would crim- Senate acts quickly and the White ized but passed and signed into law so inalize many physical and sexual as- House approves the legislation, it these 10 million kids have a future saults. The same constitutional issues would then be possible to move forward from a health care standpoint. In any event, I did not mean to take are at stake. on a bipartisan effort to more broadly Again, I decry hate crimes. I do not address the extraordinary health care so much of the Senator’s time, but I believe there should be evil discrimina- needs of all of our citizens. wanted to thank him for his very kind tion, bias discrimination, in any way, The fact is, you don’t get anything and thoughtful remarks. His friendship shape or form. I have always stood up important done on health care, or is important to me. I personally con- for the rights of those who have been other issues, unless it is bipartisan. To- gratulate him for his sensitive and discriminated against. I may have dif- morrow, we will see a textbook case of very professional work on health care, fered on some bills, as I do on this one. bipartisanship on display on the floor not only in the House of Representa- But I decry these types of acts. But to of the Senate. Four members of the tives but here as well. federalize hate crimes legislation and Senate Finance Committee on which I Mr. WYDEN. I thank my friend. The to make it not only burdensome but am proud to serve—Senators BAUCUS, fact that Senator HATCH and Senator very intrusive on the State’s work in GRASSLEY, ROCKEFELLER, and HATCH— KENNEDY, in particular, have pros- this area, I think, is the wrong thing to and I see my friend from Utah on the ecuted this cause of improving health do. floor. I salute him personally in my re- care for our citizens has been so impor- I hope my colleagues will consider marks because I know the Senator tant. It is going to pay off, I hope, this some of these thoughts. I will speak in from Utah, the Senator from West Vir- week with resounding support for the more detail tomorrow. But the fact of ginia, the Senator from Montana, and children’s health bill. the matter is I think it is a real mis- the Senator from Iowa spent hours and I want to spend a few minutes to- take, when the States are doing as hours, day after day, working on the night talking about the possibility, good a job as they have been doing, legislation to help our kids. with a strong victory for the cause of when the very crimes they use to jus- Bills such as this don’t happen by os- children’s health, about the prospects tify this bill were handled by the mosis; they happen because legislators of moving on from there. I wish to pick States and people were sentenced to of good faith, such as Senator HATCH, up on the remarks of the distinguished long terms, or even to death, I think it who, along with Senator KENNEDY and Senator from Iowa, Mr. GRASSLEY. He is inadvisable for us to proceed on this others, was a pioneer of this effort. has been very gracious in terms of amendment. Senator HATCH has addressed the major working with me and looking at the Last but not least, the President said concerns. This is protecting private op- variety of options for broader reform. he is going to veto the bill if Senator tions for health care for children. He And I appreciate the conversation that KENNEDY’s amendment makes it in. I has been able to target the neediest Senator GRASSLEY had just a few days think it is wrong to put this amend- youngsters. I am pleased he has ad- ago with the White House. ment into this Defense Authorization dressed this waiver question and the What a lot of us are saying to the Act. It has been wrong, as far as I am remarks that the Senator has made White House is we think you have some concerned, to have a lot of these and the distinguished Senator from valid points with respect to the broader amendments that have been brought up Iowa has made, joining Senators BAU- issue of health care reform. I happen to on the floor that have nothing to do CUS and ROCKEFELLER. This is a text- think that Democrats have been spot with Defense authorization, or have ev- book case, in my view, of how we ad- on, absolutely correct on the coverage erything to do with trying to score po- dress health care in a bipartisan way. issue. We have to cover everybody be- litical points, at a time when we should Frankly, one of the points I am going cause if we do not cover everybody, the have passed this bill 2 weeks ago and to make tonight in my remarks is that people who are uninsured shift their

VerDate Aug 31 2005 01:53 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\G26SE6.084 S26SEPT1 hmoore on PRODPC68 with HMSENATE S12134 CONGRESSIONAL RECORD — SENATE September 26, 2007 bills to people who are insured. But Re- lieve, as do Senator BENNETT and the ment. Our Nation’s strength lies in its publicans have had a very valid point sponsors of the Healthy Americans diversity, its tolerance, its respect for as well that there ought to be private Act, Democratic and Republican col- the individual. Hate crimes borne of options, that there ought to be choices, leagues with whom we continue to prejudice and ignorance, of fear and that you need to have a strong delivery talk, that it is possible to go forward cowardice, contravene these core prin- system with American health care in after a good children’s health bill is ciples which our Nation for more than the private sector. That is why I made passed to have broader health reform. two centuries has held dear. They are mention of the emphasis in the chil- And I think colleagues understand how perpetuated by individuals who fear, in dren’s health bill on the private sector urgent that is. some sense, individuality. Terrorism is options. One of the sponsors of our Healthy a hate crime. My message to the White House has Americans Act, Senator GREGG, the The amendment offered by my col- been, and I think the distinguished ranking Republican on the Budget league, Mr. KENNEDY, ensures that hate Senator from Iowa has made the same Committee, just came into the Cham- crimes be investigated and prosecuted point, that it will not be possible to go ber. I am very honored to have him as to the fullest extent of the law. It en- on to the broader issue of health care a cosponsor of the Healthy Americans ables Federal investigations of what reform until first the urgent needs of Act. Senators GREGG and CONRAD have are clearly Federal crimes. Hate crimes our children, needs that are dem- correctly identified entitlement spend- target individuals because they are onstrated every single day in commu- ing and the need to address it as a spe- part of a community. In the national nities across the land—we are not cial priority. community, all of us have a stake in going to see efforts on the broader re- The fact is, we cannot address the fighting back against these crimes. form effort pay off until first the needs growing escalation in entitlement My colleague’s amendment sends a of our children are met. spending unless we deal with health strong message. The message is this: I hope the White House will see that care reform. We just cannot do it. It Our Nation will not turn the other way the prospects of getting into issues cannot happen because there are no when individuals try to divide us. We that they correctly identify as impor- costs rising in America like medical will not tread softly when individuals tant—I have said for a long time, and I bills. Medical bills are a wrecking ball, use violence to perpetuate hatred. We say to my colleagues again, every lib- flattening communities across the will prosecute to the fullest extent of eral economist with whom we have country and are the principal factor in the law crimes that reflect a vicious talked in the Finance Committee and the mushrooming cost of entitlements. disregard for individual rights and our the Budget Committee has made the Again and again, the question of our Nation’s core central values. Our Nation is a community of people point that the current Tax Code dis- country’s well-being, the place of our who care about one another. Hate proportionately on health care favors companies in a tough global market- crimes destroy our cohesiveness and the most wealthy and encourages inef- place, the spiraling cost of entitle- our mutual respect and replace those ficiency. ments comes down to the need to bet- values with paranoia, with divisive- If the children’s health bill can get ter address comprehensive health re- ness, and with destruction. Hate crimes passed, and passed quickly, we can form. weaken our Nation. This amendment then go forward, Democrats and Repub- I believe, even though there is not a licans, to work together on it. I have a strengthens it. lot of time left in this session of Con- I urge my colleagues to support the different approach than the White gress, that can be done, but only if, as amendment. House has with respect to fixing the Senator GRASSLEY noted early in the Tax Code on health care, but certainly evening, the legislation that ensures f there are ways that Democrats and Re- that at least this session of Congress, FOREWARN ACT OF 2007 publicans can work together if there is at a minimum, takes steps to remove Mr. BROWN. Mr. President, in July, I the same kind of good faith, bipartisan some of that moral taint we now face introduced S. 1792, the FOREWARN effort we have seen with Democratic because our kids don’t have health Act of 2007, a direct outgrowth of legis- and Republican leaders on the CHIP care. If that is done, we can go on from lation that one of my predecessors, two legislation. there. predecessors ago, Senator Metzenbaum I hope the White House will not veto I hope tomorrow we will see a re- from Ohio, introduced called the the CHIP bill. They want broader sounding vote for the country’s chil- WARN Act, legislation he got through health care reform, and so do I. The dren. It is in their interests, it is in the Congress in the 1980s, but legisla- fact is, Senator BENNETT of Utah and I, their name that we have had a bipar- tion that now needs an update. It is along with Senator GREGG, Senator AL- tisan coalition working on the legisla- about plant closings and job loss. EXANDER, and Senator BILL NELSON, tion. But I also suggest to the White Job loss, whether it is in Ohio or have brought to the floor of the Senate House and others who want broader re- whether it is in Seattle, does not just the first bipartisan universal coverage form, reform that picks up on some of affect a worker or a worker’s family. health bill in more than 13 years. It has the White House’s principles, it cannot Job loss devastates entire communities been more than a decade, I say to my happen unless the children’s health bill and local economies. colleagues, since there has been a bi- is passed, and passed with a strong ma- While notice of a layoff is no sub- partisan universal coverage bill. jority this week and the President stitute for a job, the WARN Act of 20 The fact is, out on the Presidential signs it into law. years ago was supposed to give employ- campaign trail, a lot of the Democratic I yield the floor. ees time to find a new job and for help candidates for President and a lot of The PRESIDING OFFICER. The Sen- to be provided. Under current law, how- the Republican candidates for Presi- ator from Ohio. ever, fair notice has proven to be the dent are talking about some of the Mr. BROWN. Mr. President, I echo exception, not the rule, because too very same approaches I outlined when I the words of the Senator from Oregon many have gamed the old WARN Act. proposed the Healthy Americans Act in and thank him for his leadership on Employers have laid off workers in December of 2006. health care issues and especially his phases to avoid the threshold level of This is an important time for the fu- urging the President of the United the WARN Act, used subsidiaries to ture of health care in our country. I States to sign the children’s health in- evade liability, and pressured workers hope steps will be taken to meet the surance bill. We are hoping for a strong in too many cases, in too many places needs of our kids that are so urgent vote in the Senate tomorrow in passing around Ohio to waive their rights. and the President will sign that legis- that very important legislation. Whether one lives in Toledo, Colum- lation, that he will see the value of the f bus, Cleveland, Akron, Cincinnati, or important bipartisan work done in this Lebanon, it is absolutely critical that Chamber. If he does, even though the HATE CRIMES in these situations, workers and groups clock is ticking down on this Con- Mr. BROWN. Mr. President, I rise have sufficient notice to begin working gress—and there is not a lot of time this evening in support of the Kennedy to attempt to limit the damage this left for major initiatives—I still be- amendment, the hate crimes amend- causes a community.

VerDate Aug 31 2005 01:53 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\G26SE6.086 S26SEPT1 hmoore on PRODPC68 with HMSENATE September 26, 2007 CONGRESSIONAL RECORD — SENATE S12135 The new legislation which I intro- The PRESIDING OFFICER. The The wars in Afghanistan and Iraq are duced in July, with Senator CLINTON, clerk will call the roll. very different from World War II, we Senator OBAMA, and Senator The bill clerk proceeded to call the know that, but the same principles STABENOW, S. 1792, will close these roll. apply when it comes to rooting out loopholes and provide the tools nec- Mr. CASEY. Mr. President, I ask waste, fraud, and abuse. Every day we essary for the enforcement of the rules. unanimous consent that the order for read the horror stories about the lack The legislation gives the Labor De- the quorum call be rescinded. of body armor for our troops. We see partment the authority to take civil The PRESIDING OFFICER (Mr. that the military has failed to order action for violations, as well as giving BROWN). Without objection, it is so or- enough mine resistant ambush protec- authority to State attorneys general if dered. tive—so-called MRAP—vehicles to se- the Labor Secretary fails to act within f cure all of our troops. We hear our 6 months. So if the Labor Secretary COMMISSION ON WARTIME military stock is in need of urgent re- today refuses to act, if this happens in CONTRACTING plenishment. The United States is a Zanesville or Lima, Attorney General wealthy nation, we know that, but we Mr. CASEY. Mr. President, I rise to Marc Dann of Ohio may take action. are not a nation of infinite riches and deliver tonight some brief remarks The legislation reduces the closing resources. We have to prioritize our about a matter that a group of fresh- plant threshold from the current num- spending and make hard choices. That men Democrats in this body have ber 50, which is gamed all too often, to is why it is so important to crack down worked on together, and that is a bi- 25 employees. It recalculates the mass on contractor abuses in Iraq and Af- partisan commission on wartime con- layoff figure. The current mass layoff ghanistan. We cannot afford to let tracting and to expand the authority of figure is calculated from at least one- companies doing business there profit— the existing oversight mechanisms to third of the employees, or 50. FORE- help make sure our taxpayer dollars profit—from fraud and abuse at the WARN sets the number at 100 in all are spent properly and wisely in Iraq same time we need those very dollars events, or one-third of employees if and Afghanistan. for real priorities—our men and women there are between 50 and 100 employees. I, like the Presiding Officer from the in uniform. Our legislation, S. 1792, reduces the In 2005, the Special Inspector General State of Ohio, joined Senators WEBB employer size to 50 employees and for Iraq Reconstruction reported that and MCCASKILL and 23 other Members lengthens the notification period from in cosponsoring this amendment and $9 billion spent on Iraq’s reconstruc- 60 calendar days to 90 calendar days. It encourage the full Senate to approve it tion was missing—unaccounted for— requires employers to provide written when it comes to a vote tomorrow. As due to inefficiencies and bad manage- notification to the Labor Secretary, as a former auditor general in Pennsyl- ment. When I say missing, I literally well as local stakeholders, including vania, I know firsthand the need to ag- mean the special inspector general’s of- early warning networks and mayors. It gressively root out waste in govern- fice was unable to find out what hap- increases penalties for violations of the ment. But it is especially egregious to pened to this money. Only last week, WARN Act from back pay to double discover waste and abuse and the loss the Pentagon disclosed that it is audit- back pay. of taxpayer dollars when our troops are ing $88 billion in contracts and pro- Mr. President, I know you have had in harm’s way. grams for financial irregularities. Let this problem in the State of Pennsyl- I also know that the oversight re- me repeat that number—$88 billion. vania, the problem of lost manufac- quired to monitor potential abuse is a This is not a case of a few inappro- turing, and you know that the worst full-time job. That is why this amend- priate cost overruns in contracts or thing a community can face is a major ment takes the extraordinary step of sloppy bookkeeping in other contracts. plant closing or major reduction of creating a new commission, evenly di- Here we know that 40 individuals—40 workforce in a plant. And you know vided between the political parties, to individuals—and private companies that as bad as that is, there are some investigate contractor abuses in a have already been suspended, debarred, things employers can do to make it thorough manner. Some have argued or are proposed for debarment. Another better, and many do. But you also we should leave this task to our exist- 30 investigations await prosecution at know that the law passed 20 years ago ing committees in the Senate. I and my the Department of Justice. has not always made sure that the cosponsors, respectfully disagree with Contractor abuse in Iraq and Afghan- transition from losing their job to that assessment. As the distinguished istan is a national scandal. It is an em- going back into the community and Senator from Michigan said earlier barrassment. I think it also represents getting work, getting their family today on the floor, our existing com- a taking. Every dollar wasted there is through the hardest times, getting the mittees in the Senate, if they have this a dollar taken away from our troops community through the hardest responsibility, would grind to a halt if and our ability to fight the enemy. times—the law has not always ad- any of those committees had to under- Most of us supporting this amendment dressed the best way to do that, and I take a full investigation of contractor today were elected last year on the think this legislation, S. 1792, does that abuses in Iraq and Afghanistan. The promise to change the culture in Wash- very well. commission we propose is deliberately ington and to no longer take for grant- I ask my colleagues to consider this patterned after the Truman Commis- ed this type of crass corruption. We legislation. It is time to update the 20- sion—named, of course, after a former shouldn’t accept it. We should root it year law, the WARN Act, which passed President, but at the time the Truman out and do everything possible to make and was approved by President Reagan. Commission was named for his work in it almost impossible to commit this I think this legislation will help ease the Senate. kind of crime. the lost-job problems. We need to do The Truman Commission consisted of This legislation establishes an inde- much more. We need to train dif- a group of patriotic Americans that pendent commission to comprehen- ferently, we need new trade law, dif- was charged with the mission of study- sively vet Federal agency contracting ferent tax laws, and all the different ing all financial and military trans- for reconstruction, logistical support of kinds of things the Presiding Officer actions related to the execution of our coalition forces, and security and intel- and I have worked on already in our war effort during World War II. This ligence functions in Iraq and Afghani- time in the Senate, but the FORE- Commission recognized that it was not stan. What we are talking about is an WARN Act will matter for commu- only American military might that independent and bipartisan commis- nities such as Steubenville, Ports- would win the war in the struggle sion to provide real credibility and real mouth, and Chillicothe, and it will against the axis powers, but that every authority in cracking down on waste, matter for families who have suffered dollar saved, every dollar and every re- fraud, and abuse. the indignities and the tragedies and source rescued would materially con- This amendment also provides sig- the hardship of lost jobs and plant clos- tribute to the war effort and enable the nificant new powers to the already ex- ings. American Nation to focus its power isting Special Inspector General for Mr. President, I yield the floor, and I and its energy on our common enemy Iraq Reconstruction to expand his im- suggest the absence of a quorum. at that time. portant work and coordinate with this

VerDate Aug 31 2005 03:09 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\G26SE6.087 S26SEPT1 hmoore on PRODPC68 with HMSENATE S12136 CONGRESSIONAL RECORD — SENATE September 26, 2007 new commission. I had the chance ear- Why? Because he was a homosexual; he military, which is increasingly des- lier this month to meet with Stuart was gay. Two men who had offered him perate for new recruits. In fact, it used Bowen, who is that inspector general a ride home robbed and pistol whipped to be if you had committed a crime, and in that position. We discussed this him, beat him so severely they any type of crime, the military amendment, and he agreed it was a smashed his skull. If that wasn’t wouldn’t take you. You had to have a good proposal, one that deserved to be enough for these demons, they tied him high school education and you cer- implemented to enhance the ability to to a fence with a rope in the cold of tainly couldn’t be a member of a gang. uncover and prosecute gross abuses of winter, lonely—you can appreciate it if They are so desperate for military the public trust. you spent a few of them in Wyoming— members because of this war we are in- No matter where one stands on the and left him to die. And he did die. He volved in in Iraq, they are taking just war in Iraq, I would hope we could died of severe head injuries less than a about anybody. There are no back- agree on the need to eliminate all week after the beating that was given. ground checks with these new recruits. waste and fraud and prosecute those What happened to Matthew was a We have to make it clear that crimes who facilitate such fraud and such tragedy for this young man, of course of hate in our military will not be tol- waste. These actions bring dishonor to for his family, for other gay men and erated, and this amendment does just our Nation and, in a word, are unpatri- women who were and have been terror- that. It strengthens the Defense au- otic. We should do everything we can ized by this awful crime. It was cer- thorization bill by sending a clear mes- to root out such abuses, and this tainly a tragedy for our Nation. The sage that such crimes will be punished amendment is an important first step men who murdered Matthew Shepard to the fullest extent of the law. to do that. were not charged with committing a Is there a better place to have this Mr. President, I yield the floor, and I hate crime because crimes of violence amendment than on the Defense bill? I suggest the absence of a quorum. committed on the basis of sexual ori- think not. We have had it on it before. The PRESIDING OFFICER. The entation were not prosecutable as hate If we have our military around the clerk will call the roll. crimes under Wyoming or Federal law. world fighting terror—and that is what The bill clerk proceeded to call the This is still the case today. The Mat- they are doing—shouldn’t we be able to roll. thew Shepard Local Law Enforcement protect our own troops from the ter- Mr. REID. Mr. President, I ask unan- Enhancement Act would strengthen ror? Shouldn’t we be able to protect imous consent the order for the the ability of Federal, State, and local our own people in this country against quorum call be rescinded. governments to investigate and pros- being terrorized because of their sexual The PRESIDING OFFICER. Without ecute hate crimes. orientation? the color of their skin? objection, it is so ordered. This amendment would remove the their religion? The answer, of course, is f current limitation on Federal jurisdic- we should be able to do that. They tion that allows Federal involvement should be able to be protected. SCHIP only in cases in which the assailant in- We have to make it clear that crimes Mr. REID. Mr. President, I came to tended to prevent the victim from of hate in our military will not be tol- the floor earlier today and spoke very being engaged in a ‘‘federally protected erated. I repeat that. As we hold our- favorably of my friend, CHARLES activity,’’ such as voting. This amend- selves up as a model for the ideals of GRASSLEY from Iowa, and he deserved ment would expand the groups pro- equality, tolerance, and mutual under- that attention that I gave him, those tected under current law to include all standing abroad, we have a special re- accolades that I extended to him. hate crimes, including those based on sponsibility to combat hate-motivated I also want to extend my apprecia- disability, gender, sexual orientation, violence right here at home. Our troops tion to Senator HATCH, who has worked gender identity—including race and are on the front lines of Iraq, Afghani- on this. He is a member of the Finance ethnicity. This amendment would pro- stan, and elsewhere fighting against Committee. He did an outstanding job vide the Department of Justice the au- evil and hate. We owe it to them to up- and helped us get to the point where we thority to assist State and local juris- hold these same principles at home. are now. We are going to talk more dictions in prosecuting violent hate The Matthew Shepherd Act was in- about SCHIP tomorrow. I do not want crimes or taking the lead in such pros- troduced this spring at a ceremony at- those who worked so hard on this side ecutions where local authorities are tended by his parents, Judy and Den- to think that I have forgotten about unwilling or unable to act. nis. I hope that tomorrow we will them just because I said so many nice Unfortunately, some of these crimes honor the memory of this young man things about Senator GRASSLEY. of hate-motivated violence have been by passing this important legislation Senator BAUCUS, the chairman of the directed to our men and women in uni- which is named after him. committee, has been a champion from form. We all remember the brutal killing of the very beginning. He worked hard to Just a few years ago, Alan Schindler, James Byrd a few years ago, in Texas. try to explain to everyone that we a sailor in the Navy, was stomped to This young man, at nighttime, was could not do everything the House death by a fellow serviceman because walking down a street in his own wanted to do, even though he and I of his sexual orientation. hometown when he was seen by some wanted to do that. A short time after that, PFC Barry white men. They beat him severely, The same applies to Senator ROCKE- Winchell, an infantry soldier in the tied him to the back of their car, and FELLER, who is the subcommittee chair Army, was beaten to death with a base- dragged him through the streets until who worked on this. He did a wonderful ball bat because his attackers believed he was dead. job. He attended meetings with the he was gay. They didn’t know—they be- We need only look to the recent House when his presence was extremely lieved he was gay. To them he acted events in Jena, LA, to see for all the important. gay, whatever that means. progress, racial tensions continue I want to make sure that everyone In December of 1995, two para- across our country. This legislation understands the great work done by troopers who were members of a group honors the commitment to justice that Senators BAUCUS, GRASSLEY, HATCH, of neo-Nazi skinheads at Fort Bragg is woven deep within the fabric of our and ROCKEFELLER as members of the shot an African-American couple in a Nation. Finance Committee to get us to a point random, racially motivated double I certainly urge all of our colleagues where tomorrow sometime we will fin- murder that led to a major investiga- to join me in voting for this matter in ish our work on SCHIP. tion of extremism in our military. the morning. It is important. It is the f These killers and 19 other members of least we can do for Matthew Shepard this division were dishonorably dis- and his family. HATE CRIMES charged for neo-Nazi gang activities. f Mr. REID. Mr. President, Matthew According to a recent Southern Pov- Shepard was a 21-year-old student at erty Law Center report, the problem is THE DREAM ACT the University of Wyoming when he only going to get worse as members of Mr. REID. Mr. President, I was dis- was savagely beaten on October 6, 1998. hate groups have been entering our appointed earlier this year when the

VerDate Aug 31 2005 03:09 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\G26SE6.088 S26SEPT1 hmoore on PRODPC68 with HMSENATE September 26, 2007 CONGRESSIONAL RECORD — SENATE S12137 comprehensive immigration reform Senator DURBIN and all who care servicemember, it’s life as usual . . . was not passed. On two separate occa- about this matter should know that we the war doesn’t affect you. But it af- sions, as Republicans filibustered the will move to proceed to this matter be- fects us.’’ legislation to its legislative death, we fore we leave here. I am going to do my The political debate here in Wash- tried to move this to conference on utmost to do it by November 16. This is ington, Sergeant Jeffers argued, has comprehensive immigration reform, important legislation. We have a com- become a national preoccupation that and it was filibustered both times. We mitment to the young people to do is distracting our focus from our goals had knowledge there were not enough this. It was part of the comprehensive in Iraq. As Sergeant Jeffers notes, Republican votes to pass it. The last immigration reform. It was a key part there is strong disagreement in this time we got 12 Republican Senators. of comprehensive immigration reform. country about the course we should Part of that vital legislation was It was there that Senator DURBIN take in Iraq. Our soldiers, too, have something we called the DREAM Act. began talking about it—some would many different opinions. Much of this This legislation’s advocates have think incessantly—but he talked about debate is necessary and healthy for a moved very hard. The primary advo- it all the time, and he still feels strong- democracy, but, as Sergeant Jeffers cate for this, and its primary sponsor, ly about this. cautions, the discussion should neither has been Senator RICHARD DURBIN of Il- I send a message to him tonight and distract us from our efforts to protect linois. He has worked tirelessly in his all who care about this legislation, we national security nor lessen our com- efforts to pass the DREAM Act. He has are going to try to move to this legisla- mitment to helping secure a better fu- spoken within the Senate on many oc- tion. We should have been able to do it ture for Iraqis. casions, both here on the Senate floor, on this bill. We are going to be unable In the end, Iraqis ‘‘want what every- in the committee, and in press con- to do it, but we are going to move for- one else wants in life: safety, security, ferences we have had regarding immi- ward on this legislation as I have out- somewhere to call home,’’ Sergeant gration. I have never known Senator lined. Jeffers wrote. ‘‘They want a country DURBIN to feel more strongly about f that is safe to raise their children in.’’ anything than this, and we have been General MacArthur once said that it HONORING OUR ARMED FORCES together for 5 years. is ‘‘the soldier, above all other people, The DREAM Act recognizes that SERGEANT EDMUND J. JEFFERS who prays for peace, for he must suffer children should not be penalized for the Mr. SALAZAR. Mr. President, today and bear the deepest scars of war.’’ actions of their parents. Many of these I wish to reflect on the life of SGT Ed- youth come to America very young. This was true for Eddie. Amid the mund Jeffers, who died last Wednesday chaos and violence in Iraq, Sergeant Many do not even remember their in a vehicle accident in Taqqadum, country of origin because they were Jeffers never lost sight of the simple Iraq. Sergeant Jeffers served in the 1st aspirations and the basic humanity too young when they left, nor do they Battalion, 9th Infantry, 2nd Brigade, speak the language of their home coun- that bind the vast majority of Iraqis. 2nd Infantry Division. At the age of 23 try. They think of themselves as Amer- I admire Sergeant Jeffers’ life and he was on his second tour of duty in icans. service, all the more for his courage to Many of these children are so des- Iraq. share his thoughts with the world. His Eddie Jeffers grew up in Daleville, perate to be able to go to school. Only writings are powerful and challenge us AL, just south of Fort Rucker. The son children who come to the United to better account for the costs of free- of a master sergeant, he learned the States when they were 15 years old or dom and for the sacrifices that all value of military service early in life. younger and have been in the United Americans should be prepared to make States for at least 5 years can apply He enlisted in the Army Reserve in 2002 on its behalf. under the DREAM Act. They would after his graduation, feeling the call of One cannot adequately honor Eddie have to meet certain criteria, includ- duty after the events of September 11. Jeffers’ service and sacrifice. His ac- Those who knew Sergeant Jeffers de- ing earning a high school diploma, tions need no praise to be commend- scribe him as a man of conviction, demonstrated good moral character, able, and his writings stand alone with and passing criminal and security principle, and faith. His Christian val- the force of his convictions. We are clearances. That is what the DREAM ues, his father recounts, guided his humbled by his life and saddened by his Act requires. To qualify for permanent work as a soldier. They strengthened loss. status you must go to college or serve his resolve to defeat those who commit To Eddie’s wife Stephanie, and to his in the military for at least 2 years. evils against innocents, and they kept parents Tina and David, my thoughts I have met star students in Nevada, alive his hope for a future of freedom and prayers are with you. I know of no for lack of a better description, who and security for Iraqis. He saw the words that can lessen the pain that you had qualified for the DREAM Act. With threat of terrorism as the struggle of feel, but I hope that one day you will it their future is limitless. Without it, his generation, a long war that will re- find comfort in knowing that Eddie’s their future is very limited. Their fu- quire sacrifice and commitment from sacrifice will never be forgotten. He ture is diminished, of course, if they all Americans. challenges us to do better by our sol- can’t go to school. Sergeant Jeffers, like so many soldiers, to never let ‘‘hope walk alone.’’ Many of the children this bill would diers before him, documented his expe- His voice is heard, and his country is help are extremely talented and have riences in war with pen and paper. He grateful. He will endure in our hearts graduated in the top of their classes, kept a journal in Iraq, posted updates and our prayers. for his friends and family online, and yet cannot go to a State school. What f a waste it is to make it more difficult shared some of his writings with the for them to go to college or prohibit world. He was eloquent and sharp. One ADDITIONAL STATEMENTS them from getting jobs where they of his essays, entitled ‘‘Hope Rides could be making meaningful contribu- Alone,’’ has circulated widely on the TRIBUTE TO PEGGY EWING tions to their communities and to our internet, and newspapers have re- WAXTER country. What good does it do anybody printed portions in recent days. to prevent these young people from In, the essay, Eddie worried that the ∑ Mr. CARDIN. Mr. President, today I having a future? Is gang membership political debate at home was weak- commemorate the life of Peggy Ewing better? Is a minimum wage job for life ening our resolve to achieve success in Waxter, a woman who worked tire- better? Is a life of crime better? Iraq and was driving a wedge between lessly to promote positive social I hoped we would be able to offer this the country and the military. change and civil rights. Mrs. Waxter legislation as an amendment to the He noted that this war is being passed away last Tuesday, September pending legislation, the Defense Au- fought on the backs of our men and 18, 2007, at the age of 103. The State of thorization Act, but we have been un- women in uniform, while the ‘‘Amer- Maryland and our Nation have lost a able to do that. Enacting the DREAM ican people have not been asked to sac- remarkable woman. Act will give more of our children an rifice anything. Unless you are in the In the 1930s, Mrs. Waxter helped opportunity to succeed. military or the family member of a found the Waxter Center for Seniors in

VerDate Aug 31 2005 01:53 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\G26SE6.090 S26SEPT1 hmoore on PRODPC68 with HMSENATE S12138 CONGRESSIONAL RECORD — SENATE September 26, 2007 Baltimore City. She also aided in the have worked with the residents of the that the gift Audrey offered to these founding of various other organiza- village in support of their efforts to individuals is stronger than words can tions, including the University of maintain this post office. When they express. Dedication, alone, cannot de- Maryland Center for Infant Study, the told me it might close, I worked with scribe it.’’ Audrey is beyond a doubt Children’s Guild of Baltimore, and the residents to convey these concerns to deserving of recognition for her com- Maryland Committee for Children. She the U.S. Postal Service in order to en- mitment to ensuring that countless also helped establish the Baltimore sure that this historic post office re- children in South Dakota have loving Metropolitan Association for Mental mains open and that rural residents families and safe homes. It is clear that Health. continue to have effective and con- Audrey’s legacy will be one of compas- In addition to working to improve sistent postal service. sion and caring.∑ the lives of seniors, women, and mi- On behalf of our State and Nation, I f norities, Peggy Waxter also served as congratulate the Conrath Post Office HONORING BREWER FEDERAL chairwoman of the Volunteers Advi- on its 100th anniversary and send my CREDIT UNION sory Committee at Baltimore City Hos- best wishes to all residents of the vil- pital, which is now the Johns Hopkins lage of Conrath.∑ ∑ Ms. SNOWE. Mr. President, today I Bayview Hospital, and as head of the f congratulate the Brewer Federal Credit Northeast Symphony Society. Through Union for being named the City of HONORING AUDREY KIRKPATRICK these and numerous other service orga- Brewer’s 2007 Business of the Year. nizations, she influenced nearly every ∑ Mr. JOHNSON. Mr. President, today Founded in 1960, the Brewer Federal aspect of Baltimore society and was I wish to honor Audrey Kirkpatrick, Credit Union has continually expanded rightfully named by Baltimore Maga- one of South Dakota’s 2007 Congres- its operations to serve an increasing zine one of the city’s 11 most powerful sional Coalition on Adoption Insti- number of communities in the Brewer women in 1978. tute’s Angels in Adoption Award re- area. With slightly over 20 employees, Baltimore is a better city because of cipients. Audrey has worked with two branches, ATMs throughout the re- Peggy Waxter’s guiding hand. She is Catholic Social Services in Rapid City, gion, and Internet banking services, survived by her family: a daughter, SD for 30 years, exhibiting empathy the credit union aims to make banking Margaret Waxter Maher; a son, retired and dedication to birth families, adop- simpler for its roughly 8,400 members. Baltimore City Circuit Court Judge tive parents, and adoptees. I am Additionally, the Brewer Federal Cred- Thomas J.S. Waxter, Jr., with whom I pleased to recognize Audrey for her it Union’s monthly newsletter provides was privileged to serve in the Maryland years of service, and extend my con- useful information to assist customers, General Assembly from 1967 until 1971; gratulations to her on this special oc- including updated information, news, 6 grandchildren; and 10 great-grand- casion. and financial tips. children. I wish to express my heartfelt Audrey was among the first social The city of Brewer recognized the condolences to the Waxter family, and workers employed by Catholic Social Brewer Federal Credit Union for its I ask my colleagues to join me in re- Services in Rapid City when she began outstanding service to the commu- membering her today.∑ her work with pregnancy counseling nities that it serves. Indeed, countless acts of generosity demonstrate well the f and infant adoption in 1977. She re- mained with the agency until Novem- commitment of the credit union to RECOGNIZING THE CONRATH POST ber 2002. At that time, Audrey believed community service. During the OFFICE the time had come for her to retire. Thanksgiving and Christmas holidays, ∑ Mr. KOHL. Mr. President, I would However, when the program director of the credit union assists the Brewer like to take this time to recognize and the agency resigned, Audrey was called Community Service Council in col- congratulate the Conrath Post Office, upon to return to Catholic Social Serv- lecting nonperishable foods that are located in Conrath, WI, on its 100th an- ices and fill in the gap during that crit- put together in baskets to be distrib- niversary. ical time, despite suffering from ongo- uted to local families in need. When a In 1904, the Conrath brothers settled ing health problems. student from the town of Orrington in what would later become the village Audrey continues to be active in the was selected for the People to People of Conrath. Located in northwest Wis- agency on a part-time basis, and is program, the Brewer Federal Credit consin, the village sat on the Wisconsin often tapped by other social workers to Union helped the student collect old Central Railroad line between Owen, answer questions, direct people to re- cell phones and used ink cartridges WI, and Duluth, MN. In 1905, Frank sources, and provide ideas on how to which, in turn, were given to local Conrath sent 10 possible names to the continue expanding and fulfilling the businesses for recycling, to help fi- railroad general passenger agent for agency’s mission to facilitate the adop- nance his trip to Australia. During the the naming of the village. The general tion process, in addition to her role annual Brewer Days, a fun-filled cele- passenger agent decided on the name working directly with families. bration held in September, the Brewer that still stands today: Conrath. Stories of Audrey’s intense commit- Federal Credit Union sponsors specific Mrs. Frank Conrath wrote to the ment abound. She has been available to events, including a block party and postmaster general in 1905 to request families 24 hours a day, going so far as street dance. In a similar vein, the that a post office be established in the to venture out in the middle of the credit union has sponsored events like village. The post office moved into the night to help a young birth mother the Brewer waterfront winter festival. Rusk Farm Company Store where whose car had broken down. On an- Finally, the credit union generously George W. Kendall became the first other occasion, she was present for a supports local youth sports leagues, as postmaster in 1907. reunion of a birth mother and adult well as Brewer High School athletic The first rural mail carrier in son, who she had helped to place in programs, various student musical en- Conrath was Joseph Hahn, who deliv- adoption as a child. The mother offered sembles, and the Boosters Club. ered the mail in a single-cylinder, her thanks to Audrey, who had been Helping others is clearly an integral chain-drive, high-wheel-car. Through- such a comforting presence at the be- part of the Brewer Federal Credit out the past century, there have been ginning and end of the adoption experi- Union’s equation for success. By pro- 21 postmasters and postmistresses, as ence. It is not uncommon for people to viding a friendly and welcoming busi- well as numerous rural route carriers, come back to the agency to express ness atmosphere, combined with com- who have diligently served the resi- their gratitude to Audrey, even years passionate assistance to individuals dents of Conrath. after she helped them through the and groups within the community, the Just as Mrs. Conrath did over 100 adoption process. credit union sets a truly remarkable years ago, residents in Conrath have Audrey is truly an Angel in Adop- example by leaving a positive mark on continued to express the need for the tion. Her contributions to the commu- those whose lives it touches. The credit Conrath Post Office as well as value nities of western South Dakota are in- union’s selection as Brewer’s Business the service and benefit to their com- estimable. In the words of one of her of the Year is a recognition of the posi- munity. That is why I am proud to coworkers, ‘‘I can say with confidence tive impact that the credit union

VerDate Aug 31 2005 03:28 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\G26SE6.038 S26SEPT1 hmoore on PRODPC68 with HMSENATE September 26, 2007 CONGRESSIONAL RECORD — SENATE S12139 brings to the city and a cogent re- the following Member of the House of United Nations Millennium Development minder of the appreciation of Brewer’s Representatives to the Congressional Goal of reducing by one-half the proportion citizens for a local business that goes Award Board: Mr. GUS M. BILIRAKIS of of people worldwide, between 1990 and 2015, above and beyond the call of duty. I Florida. who live on less than $1 per day; to the Com- mittee on Foreign Relations. congratulate the Brewer Federal Credit The message further announced that H.R 1400. An act to enhance United States Union for its recent award and wish ev- pursuant to section 803(a) of the Con- diplomatic efforts with respect to Iran by eryone at the credit union continued gressional Recognition for Excellence imposing additional economic sanctions success in their kind endeavors.∑ in Arts Education Act (2 D.S.C. 803(a)), against Iran, and for other purposes; to the f and the order of the House of January Committee on Banking, Housing, and Urban 4, 2007, the Minority Leader appoints Affairs. MESSAGES FROM THE HOUSE the following Member of the House of H.R 1943. An act to provide for an effective At 9:33 a.m., a message from the HIV/AIDS program in Federal prisons; to the Representatives to the Congressional Committee on the Judiciary. House of Representatives, delivered by Award Board: Ms. SHEILA JACKSON LEE The following concurrent resolution Ms. Niland, one of its reading clerks, of Texas; and, in addition: Mr. Paxton was read, and referred as indicated: announced that the House agrees to Baker of Maryland, Mr. Vic Fazio of the amendments of the Senate to the Virginia, Mrs. Annette Lantos of Cali- H. Con. Res. 210. Concurrent resolution supporting the goals and ideals of Sickle Cell bill (H.R. 976) to amend the Internal fornia, and Ms. Mary Rodgers of Penn- Revenue Code of 1986 to provide tax re- Disease Awareness Month; to the Committee sylvania. on Health, Education, Labor, and Pensions. lief for small businesses, and for other The message also announced that f purposes, with amendments. pursuant to section 2 of the Migratory Bird Conservation Act (16 D.S.C. 715a) EXECUTIVE AND OTHER At 12:05 p.m., a message from the and the order of the House of January COMMUNICATIONS House of Representatives, delivered by 4, 2007, the Speaker appoints the fol- The following communications were Mrs. Cole, one of its reading clerks, an- lowing Members of the House of Rep- laid before the Senate, together with nounced that the House has passed the resentatives to the Migratory Bird accompanying papers, reports, and doc- following bill, in which it requests the Conservation Commission: Mr. DINGELL uments, and were referred as indicated: concurrence of the Senate: of Michigan and Mr. GILCHREST of EC–3411. A communication from the Direc- H.R. 3625. An act to make permanent the Maryland. tor, Defense Procurement and Acquisition waiver authority of the Secretary of Edu- f Policy, Department of Defense, transmit- cation with respect to student financial as- ting, pursuant to law, the report of a rule en- sistance during a war or other military oper- ENROLLED BILLS SIGNED titled ‘‘Carriage Vessel Overhaul, Repair, ation or national emergency. At 3:16 p.m., a message from the and Maintenance’’ (DFARS Case 2007–D001) received on September 11, 2007; to the Com- At 1:43 p.m., a message from the House of Representatives, delivered by mittee on Armed Services. House of Representatives, delivered by Mrs. Cole, one of its reading clerks, an- EC–3412. A communication from the Assist- Ms. Niland, one of its reading clerks, nounced that the Speaker has signed ant Secretary for Export Administration, announced that the House has passed the following enrolled bills: Bureau of Industry and Security, Depart- the following bills and joint resolution, S. 1983. An act to amend the Federal Insec- ment of Commerce, transmitting, pursuant in which it requests the concurrence of ticide, Fungicide, and Rodenticide Act to to law, the report of a rule entitled ‘‘Updated the Senate: renew and amend the provisions for the en- Statements of Legal Authority for the Ex- hanced review of covered pesticide products, port Administration Regulations’’ (RIN0694– H.R. 1302. An act to require the President to authorize fees for certain pesticide prod- AD76) received on September 11, 2007; to the to develop and implement a comprehensive ucts, to extend and improve the collection of Committee on Banking, Housing, and Urban strategy to further the United States foreign maintenance fees, and for other purposes. Affairs. policy objective of promoting the reduction H.R. 3375. An act to extend the trade ad- EC–3413. A communication from the Assist- of global poverty, the elimination of extreme justment assistance program under the ant Secretary for Export Administration, global poverty, and the achievement of the Trade Act of 1974 for 3 months. Bureau of Industry and Security, Depart- United Nations Millennium Development H.R. 3580. An act to amend the Federal ment of Commerce, transmitting, pursuant Goal of reducing by one-half the proportion Food, Drug, and Cosmetic Act to revise and to law, the report of a rule entitled ‘‘Imple- of people worldwide, between 1990 and 2015, extend the user-fee programs for prescription mentation of the Understandings Reached at who live on less than $1 per day. drugs and for medical devices, to enhance the June 2007 Australia Group Plenary Meet- H.R. 1400. An act to enhance United States the postmarket authorities of the Food and ing; Addition to the List of States Parties to diplomatic efforts with respect to Iran by Drug Administration with respect to the the Chemical Weapons Convention’’ imposing additional economic sanctions safety of drugs, and for other purposes. (RIN0694–AE08) received on September 25, against Iran, and for other purposes. 2007; to the Committee on Banking, Housing, H.R. 1943. An act to provide for an effective The enrolled bills were subsequently and Urban Affairs. HIV/AIDS program in Federal prisons. signed by the President pro tempore EC–3414. A communication from the Sec- H. J. Res. 52. A resolution making con- (Mr. BYRD). retary, Division of Market Regulation, Secu- tinuing appropriations for the fiscal year rities and Exchange Commission, transmit- 2008, and for other purposes. At 5:09 p.m., a message from the ting, pursuant to law, the report of a rule en- The message also announced that the House of Representatives, delivered by titled ‘‘Definitions of Terms and Exemptions House has agreed to the following con- Mrs. Cole, one of its reading clerks, an- Relating to the ‘Broker’ Exceptions for current resolution, in which it requests nounced that the House has passed the Banks’’ (RIN3235–AJ74) received on Sep- following bill, in which it requests the tember 24, 2007; to the Committee on Bank- the concurrence of the Senate: ing, Housing, and Urban Affairs. Con. Res. 210. Concurrent resolution sup- concurrence of the Senate: EC–3415. A communication from the Sec- porting the goals and ideals of Sickle Cell H.R. 3668. An act to provide for the exten- retary, Division of Market Regulation, Secu- Disease Awareness Month. sion of transitional medical assistance rities and Exchange Commission, transmit- The message further announced that (TMA), the abstinence education program, ting, pursuant to law, the report of a rule en- pursuant to section 803(a) of the Con- and the qualifying individuals (QI) program, titled ‘‘Exemptions for Banks Under Section and for other purposes. gressional Recognition for Excellence 3(a)(5) of the Securities Exchange Act of 1934 f and Related Rules’’ (RIN3235–AJ77) received in Arts Education Act (2 D.S.C. 803(a)), on September 24, 2007; to the Committee on and the order of the House of January MEASURES REFERRED Banking, Housing, and Urban Affairs. 4, 2007, the Minority Leader appoints The following bills were read the first EC–3416. A communication from the Sec- Mr. Cliff Akiyama M.A. of California to retary of the Treasury, transmitting, pursu- and the second times by unanimous the Congressional Award Board. ant to law, a six-month periodic report on consent, and referred as indicated: The message also announced that the national emergency with respect to Iran pursuant to section 803(a) of the Con- H.R 1302. An act to require the President to as declared in Executive Order 12957; to the develop and implement a comprehensive Committee on Banking, Housing, and Urban gressional Recognition for Excellence strategy to further the United States foreign Affairs. in Arts Education Act (2 D.S.C. 803(a)), policy objective of promoting the reduction EC–3417. A communication from the Direc- and the order of the House of January of global poverty, the elimination of extreme tor, Office of Sustainable Fisheries, Depart- 4, 2007, the Minority Leader appoints global poverty, and the achievement of the ment of Commerce, transmitting, pursuant

VerDate Aug 31 2005 02:03 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\G26SE6.065 S26SEPT1 hmoore on PRODPC68 with HMSENATE S12140 CONGRESSIONAL RECORD — SENATE September 26, 2007 to law, the report of a rule entitled ‘‘Atlan- EC–3428. A communication from the Assist- Committee on Health, Education, Labor, and tic Highly Migratory Species; Atlantic ant Legal Adviser for Treaty Affairs, Depart- Pensions. Bluefin Tuna Fisheries; Temporary Rule; ment of State, transmitting, pursuant to the EC–3438. A communication from the Chair- Inseason Retention Limit Adjustment’’ Case-Zablocki Act, 1 U.S.C. 112b, as amended, person, District of Columbia Commission on (RIN0648–XC23) received on September 25, the report of the texts and background state- Judicial Disabilities and Tenure, transmit- 2007; to the Committee on Commerce, ments of international agreements, other ting, pursuant to law, the Commission’s an- Science, and Transportation. than treaties (List 2007–181 to 2007–191); to nual report for calendar year 2006; to the EC–3418. A communication from the Acting the Committee on Foreign Relations. Committee on Homeland Security and Gov- Director, Office of Sustainable Fisheries, De- EC–3429. A communication from the Assist- ernmental Affairs. partment of Commerce, transmitting, pursuant Legal Adviser for Treaty Affairs, Depart- EC–3439. A communication from the Dis- ant to law, the report of a rule entitled ment of State, transmitting, pursuant to trict of Columbia Auditor, transmitting, pur- ‘‘Temporary Rule; Closure (Massachusetts law, the report of two agreements reached suant to law, a report entitled, ‘‘Letter Re- 2007 Summer Flounder Commercial Fish- between the American Institute in Taiwan port: Audit of Advisory Neighborhood Com- ery)’’ (RIN0648–XC05) received on September and other organizations; to the Committee mission 7B for Fiscal Years 2005 Through 11, 2007; to the Committee on Commerce, on Foreign Relations. 2007, as of March 31, 2007’’; to the Committee Science, and Transportation. EC–3430. A communication from the Direc- on Homeland Security and Governmental Af- EC–3419. A communication from the Ad- tor of Administration, National Labor Rela- fairs. ministrator, Environmental Protection tions Board, transmitting, pursuant to law, EC–3440. A communication from the Direc- Agency, transmitting, pursuant to law, a re- the Board’s commercial activity inventory tor, Office of Management and Budget, Exec- port entitled, ‘‘Newtown Creek/Greenpoint for fiscal year 2007; to the Committee on utive Office of the President, transmitting, Oil Spill Study’’; to the Committee on Envi- Health, Education, Labor, and Pensions. pursuant to law, a report relative to the Of- ronment and Public Works. EC–3431. A communication from the Direc- fice’s commercial activities during fiscal EC–3420. A communication from the Direc- tor, Regulations Policy and Management year 2006; to the Committee on Homeland Se- tor, Regulations and Disclosure Law, Depart- Staff, Department of Health and Human curity and Governmental Affairs. ment of Homeland Security, transmitting, Services, transmitting, pursuant to law, the EC–3441. A communication from the White pursuant to law, the report of a rule entitled report of a rule entitled ‘‘Food Additives House Liaison, Civil Rights Division, Depart- ‘‘NAFTA: Merchandise Processing Fee Ex- Permitted for Direct Addition to Food for ment of Justice, transmitting, pursuant to emption and Technical Correction’’ Human Consumption; Glycerol Ester of Tall law, the report of a vacancy and designation (RIN1505–AB58) received on September 25, Oil Rosin’’ (Docket No. 2006F–0225) received of an acting officer for the position of Assist- 2007; to the Committee on Finance. on September 11, 2007; to the Committee on ant Attorney General, received on Sep- EC–3421. A communication from the Chief Health, Education, Labor, and Pensions. tember 25, 2007; to the Committee on the Ju- of the Publications and Regulations Branch, EC–3432. A communication from the Direc- diciary. Internal Revenue Service, Department of the tor, Regulations Policy and Management EC–3442. A communication from the Direc- Treasury, transmitting, pursuant to law, the Staff, Department of Health and Human tor of Regulations Management, National report of a rule entitled ‘‘Tier II Issue: Con- Services, transmitting , pursuant to law, the Cemetery Administration, Department of tractual Allowances’’ (LMSB–04–0807–056) re- report of a rule entitled ‘‘Food Additives Veterans Affairs, transmitting, pursuant to ceived on September 25, 2007; to the Com- Permitted for Direct Addition to Food for law, the report of a rule entitled ‘‘Govern- mittee on Finance. Human Consumption; Polydextrose’’ (Docket ment-Furnished Headstone and Marker Reg- EC–3422. A communication from the Chief No. 2006F–0059) received on September 11, ulation’’ (RIN2900–AM64) received on Sep- of the Publications and Regulations Branch, 2007; to the Committee on Health, Education, tember 25, 2007; to the Committee on Vet- Internal Revenue Service, Department of the Labor, and Pensions. erans’ Affairs. Treasury, transmitting, pursuant to law, the EC–3433. A communication from the Direc- f report of a rule entitled ‘‘2008 Transition Re- tor, Regulations Policy and Management lief and Additional Guidance on the Applica- Staff, Department of Health and Human REPORTS OF COMMITTEES tion of Section 409A to Nonqualified Deferred Services, transmitting, pursuant to law, the The following reports of committees Compensation Plans’’ (Notice 2007–78) re- report of a rule entitled ‘‘Listing of Color were submitted: Additives Subject to Certification; D and C ceived on September 12, 2007; to the Com- By Mr. KERRY, from the Committee on Black No. 3; Confirmation of Effective Date’’ mittee on Finance. Small Business and Entrepreneurship, with EC–3423. A communication from the Chief (Docket No. 1995C–0286) received on Sep- an amendment in the nature of a substitute: of the Publications and Regulations Branch, tember 11, 2007; to the Committee on Health, S. 1671. A bill to reauthorize and improve Internal Revenue Service, Department of the Education, Labor, and Pensions. the entrepreneurial development programs EC–3434. A communication from the Sec- Treasury, transmitting, pursuant to law, the of the Small Business Administration, and retary of Health and Human Services, trans- report of a rule entitled ‘‘Insurance Company for other purposes (Rept. No. 110-185). Proration Rules; Company Owned Life Insur- mitting, pursuant to law, an annual report By Mr. DODD, from the Committee on ance’’ (Rev. Proc. 2007–61) received on Sep- relative to the Food and Drug Administra- Banking, Housing, and Urban Affairs, with- tember 12, 2007; to the Committee on Fi- tion’s fulfillment of the conditions specified out amendment: nance. in the Medical Device User Fee and Mod- H.R. 835. A bill to reauthorize the programs EC–3424. A communication from the Chief ernization Act during fiscal year 2006; to the of the Department of Housing and Urban De- of the Publications and Regulations Branch, Committee on Health, Education, Labor, and velopment for housing assistance for Native Internal Revenue Service, Department of the Pensions. Hawaiians. Treasury, transmitting, pursuant to law, the EC–3435. A communication from the Sec- By Mr. LIEBERMAN, from the Committee report of a rule entitled ‘‘Aggregation of Re- retary of Health and Human Services, trans- on Homeland Security and Governmental Af- verse 704(c) Gain’’ (Rev. Proc. 2007–59) re- mitting, pursuant to law, an annual report fairs, without amendment: ceived on September 12, 2007; to the Com- relative to the Food and Drug Administra- H.R. 2467. A bill to designate the facility of mittee on Finance. tion’s collection and spending of animal drug the United States Postal Service located at EC–3425. A communication from the Chief user fees during fiscal year 2006; to the Com- 69 Montgomery Street in Jersey City, New of the Publications and Regulations Branch, mittee on Health, Education, Labor, and Jersey, as the ‘‘Frank J. Guarini Post Office Internal Revenue Service, Department of the Pensions. Building’’. Treasury, transmitting, pursuant to law, the EC–3436. A communication from the Direc- H.R. 2587. A bill to designate the facility of report of a rule entitled ‘‘Guidance Under tor, Regulations Policy and Management the United States Postal Service located at Section 812’’ (Rev. Rul. 2007–54) received on Staff, Department of Health and Human 555 South 3rd Street Lobby in Memphis, Ten- September 12, 2007; to the Committee on Fi- Services, transmitting, pursuant to law, the nessee, as the ‘‘Kenneth T. Whalum, Sr. Post nance. report of a rule entitled ‘‘Medical Devices; Office Building’’. EC–3426. A communication from the Chief General Hospital and Personal Use Devices; H.R. 2654. A bill to designate the facility of of the Publications and Regulations Branch, Classification of the Filtering Facepiece Res- the United States Postal Service located at Internal Revenue Service, Department of the pirator for Use by the General Public in Pub- 202 South Dumont Avenue in Woonsocket, Treasury, transmitting, pursuant to law, the lic Health Medical Emergencies’’ (Docket South Dakota, as the ‘‘Eleanor McGovern report of a rule entitled ‘‘Active Conduct of No. 2007N–0198) received on September 12, Post Office Building’’. a Trade or Business’’ (Notice 2007–60) re- 2007; to the Committee on Health, Education, H.R. 2765. A bill to designate the facility of ceived on September 12, 2007; to the Com- Labor, and Pensions. the United States Postal Service located at mittee on Finance. EC–3437. A communication from the Direc- 44 North Main Street in Hughesville, Penn- EC–3427. A communication from the Assist- tor, Regulations Policy and Management sylvania, as the ‘‘Master Sergeant Sean Mi- ant Secretary, Office of Legislative Affairs, Staff, Department of Health and Human chael Thomas Post Office’’. Department of State, transmitting, pursuant Services, transmitting, pursuant to law, the H.R. 2778. A bill to designate the facility of to law, the certification of a proposed license report of a rule entitled ‘‘Food Labeling: the United States Postal Service located at 3 for the export of firearms sold commercially Safe Handling Statements: Labeling of Shell Quaker Ridge Road in New Rochelle, New in the amount of $1,000,000 or more to Malay- Eggs’’ ((RIN0910–ZA23)(Docket No. 2004N– York, as the ‘‘Robert Merrill Postal Sta- sia; to the Committee on Foreign Relations. 0382)) received on September 11, 2007; to the tion’’.

VerDate Aug 31 2005 03:09 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A26SE6.040 S26SEPT1 hmoore on PRODPC68 with HMSENATE September 26, 2007 CONGRESSIONAL RECORD — SENATE S12141

H.R. 2825. A bill to designate the facility of By Mr. DORGAN (for himself and Mr. S. 400 the United States Postal Service located at CONRAD): At the request of Mr. SUNUNU, the 326 South Main Street in Princeton, Illinois, S. 2098. A bill to establish the Northern name of the Senator from Oregon (Mr. as the ‘‘Owen Lovejoy Princeton Post Office Plains Heritage Area in the State of North WYDEN) was added as a cosponsor of S. Building’’. Dakota; to the Committee on Energy and 400, a bill to amend the Employee Re- H.R. 3052. A bill to designate the facility of Natural Resources. the United States Postal Service located at By Mr. SALAZAR (for himself, Mr. tirement Income Security Act of 1974 954 Wheeling Avenue in Cambridge, Ohio, as ROBERTS, and Ms. CANTWELL): and the Internal Revenue Code of 1986 the ‘‘John Herschel Glenn, Jr. Post Office S. 2099. A bill to amend title XVIII of the to ensure that dependent students who Building’’. Social Security Act to repeal the Medicare take a medically necessary leave of ab- H.R. 3106. A bill to designate the facility of competitive bidding project for clinical lab- sence do not lose health insurance cov- the United States Postal Service located at oratory services; to the Committee on Fi- erage, and for other purposes. 805 Main Street in Ferdinand, Indiana, as the nance. S. 502 ‘‘Staff Sergeant David L. Nord Post Office’’. By Mr. JOHNSON (for himself and Mr. At the request of Mr. CRAPO, the S. 2023. A bill to designate the facility of BARRASSO): the United States Postal Service located at S. 2100. A bill to require that Federal for- names of the Senator from Iowa (Mr. 805 Main Street in Ferdinand, Indiana, as the feiture funds be used, in part, to clean up GRASSLEY), the Senator from Indiana ‘‘Staff Sergeant David L. Nord Post Office’’. methamphetamine laboratories; to the Com- (Mr. LUGAR) and the Senator from f mittee on the Judiciary. Alaska (Ms. MURKOWSKI) were added as By Mr. BINGAMAN (for himself, Mr. cosponsors of S. 502, a bill to repeal the EXECUTIVE REPORTS OF KERRY, Mr. SALAZAR, and Ms. sunset on the reduction of capital gains COMMITTEES STABENOW): rates for individuals and on the tax- The following executive reports of S. 2101. A bill to amend title XIX of the So- ation of dividends of individuals at cap- nominations were submitted: cial Security Act to assist low-income Medi- ital gains rates. care beneficiaries by improving eligibility By Mr. LIEBERMAN for the Committee on and services under the Medicare Savings S. 543 Homeland Security and Governmental Af- Program, and for other purposes; to the At the request of Mr. NELSON of Ne- fairs. Committee on Finance. braska, the name of the Senator from *Julie L. Myers, of Kansas, to be Assistant By Mr. BINGAMAN (for himself, Mr. Texas (Mr. CORNYN) was added as a co- Secretary of Homeland Security. OBAMA, Mr. SALAZAR, Mr. BROWN, Mr. sponsor of S. 543, a bill to improve By Mrs. FEINSTEIN for the Committee on KERRY, Ms. STABENOW, Ms. CANT- Medicare beneficiary access by extend- Rules and Administration. WELL, and Mrs. CLINTON): *Robert Charles Tapella, of Virginia, to be ing the 60 percent compliance thresh- S. 2102. A bill to amend title II of the So- old used to determine whether a hos- Public Printer. cial Security Act to phase out the 24-month *Steven T. Walther, of Nevada, to be a waiting period for disabled individuals to be- pital or unit of a hospital is an inpa- Member of the Federal Election Commission come eligible for Medicare benefits, to elimi- tient rehabilitation facility under the for a term expiring April 30, 2009. nate the waiting period for individuals with Medicare program. *Hans von Spakovsky, of Georgia, to be a life-threatening conditions, and for other S. 700 Member of the Federal Election Commission purposes; to the Committee on Finance. At the request of Mr. CRAPO, the for a term expiring April 30, 2011. By Mr. BINGAMAN (for himself, Mr. *David M. Mason, of Virginia, to be a Mem- name of the Senator from Georgia (Mr. OBAMA, Mr. SALAZAR, Ms. COLLINS, ber of the Federal Election Commission for a CHAMBLISS) was added as a cosponsor of and Mr. LIEBERMAN): S. 700, a bill to amend the Internal term expiring April 30, 2009. S. 2103. A bill to amend title XVIII of the *Robert D. Lenhard, of Maryland, to be a Revenue Code to provide a tax credit to Social Security Act to eliminate the in the Member of the Federal Election Commission home restriction for Medicare coverage of individuals who enter into agreements for a term expiring April 30, 2011. mobility devices for individuals with ex- to protect the habitats of endangered (*Signifies nominee’s commitment to pected long-term needs; to the Committee on and threatened species, and for other respond to requests to appear and tes- Finance. purposes. tify before any duly constituted com- f S. 774 mittee of the Senate.) At the request of Mr. DURBIN, the SUBMISSION OF CONCURRENT AND f name of the Senator from Vermont SENATE RESOLUTIONS (Mr. SANDERS) was added as a cospon- INTRODUCTION OF BILLS AND The following concurrent resolutions sor of S. 774, a bill to amend the Illegal JOINT RESOLUTIONS and Senate resolutions were read, and Immigration Reform and Immigrant The following bills and joint resolu- referred (or acted upon), as indicated: Responsibility Act of 1996 to permit tions were introduced, read the first By Ms. MIKULSKI (for herself and Mr. States to determine State residency for and second times by unanimous con- CARDIN): higher education purposes and to au- sent, and referred as indicated: S. Res. 332. A resolution expressing the thorize the cancellation of removal and By Mr. SANDERS: sense of the Senate that the Department of adjustment of status of certain alien S. 2094. A bill to increase the wages and Defense and the Department of Veterans Af- students who are long-term United benefits of blue collar workers by strength- fairs should increase their investment in States residents and who entered the ening labor provisions in the H–2B program, pain management research; to the Com- United States as children, and for to provide for labor recruiter accountability, mittee on Armed Services. other purposes. and for other purposes; to the Committee on By Mr. REID (for himself and Mr. S. 897 the Judiciary. MCCONNELL): By Mr. BROWN: S. Res. 333. A resolution to authorize the At the request of Ms. MIKULSKI, the S. 2095. A bill to amend the Agricultural production of records by the Permanent Sub- name of the Senator from Arkansas Marketing Act of 1946 to require country of committee on Investigations of the Com- (Mr. PRYOR) was added as a cosponsor origin labeling for processed food items; to mittee on Homeland Security and Govern- of S. 897, a bill to amend the Internal the Committee on Agriculture, Nutrition, mental Affairs; considered and agreed to. Revenue Code of 1986 to provide more and Forestry. f help to Alzheimer’s disease caregivers. By Mr. DORGAN (for himself, Mr. STE- S. 898 VENS, Mr. SCHUMER, Mr. ENSIGN, Mr. ADDITIONAL COSPONSORS IKULSKI KERRY, Mr. KOHL, Mr. FEINGOLD, Mrs. At the request of Ms. M , the S. 38 CLINTON, Mrs. FEINSTEIN, and Mr. name of the Senator from Arkansas NELSON of Florida): At the request of Mr. DOMENICI, the (Mr. PRYOR) was added as a cosponsor S. 2096. A bill to amend the Do-Not-Call name of the Senator from Texas (Mrs. of S. 898, a bill to amend the Public Implementation Act to eliminate the auto- HUTCHISON) was added as a cosponsor of Health Service Act to fund break- matic removal of telephone numbers reg- S. 38, a bill to require the Secretary of throughs in Alzheimer’s disease re- istered on the Federal ‘‘do-not-call’’ registry; Veterans Affairs to establish a program search while providing more help to to the Committee on Commerce, Science, for the provision of readjustment and caregivers and increasing public edu- and Transportation. By Mr. FEINGOLD: mental health services to veterans who cation about prevention. S. 2097. A bill to modify the optional meth- served in Operation Iraqi Freedom and S. 1015 od of computing net earnings from self-em- Operation Enduring Freedom, and for At the request of Mr. COCHRAN, the ployment; to the Committee on Finance. other purposes. name of the Senator from Kentucky

VerDate Aug 31 2005 02:03 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A26SE6.043 S26SEPT1 hmoore on PRODPC68 with HMSENATE S12142 CONGRESSIONAL RECORD — SENATE September 26, 2007 (Mr. BUNNING) was added as a cosponsor (Mr. MENENDEZ) was added as a cospon- prescription pads under the Medicaid of S. 1015, a bill to reauthorize the Na- sor of S. 1718, a bill to amend the program. tional Writing Project. Servicemembers Civil Relief Act to S. 2088 S. 1164 provide for reimbursement to At the request of Mr. FEINGOLD, the At the request of Mr. CARDIN, the servicemembers of tuition for pro- names of the Senator from Illinois (Mr. name of the Senator from Kentucky grams of education interrupted by OBAMA) and the Senator from New (Mr. BUNNING) was added as a cosponsor military service, for deferment of stu- Mexico (Mr. BINGAMAN) were added as of S. 1164, a bill to amend title XVIII of dents loans and reduced interest rates cosponsors of S. 2088, a bill to place the Social Security Act to improve pa- for servicemembers during periods of reasonable limitations on the use of tient access to, and utilization of, the military service, and for other pur- National Security Letters, and for colorectal cancer screening benefit poses. other purposes. under the Medicare Program. S. 1825 S. 2089 S. 1233 At the request of Mr. WEBB, the name At the request of Mr. NELSON of Flor- At the request of Mr. AKAKA, the of the Senator from New Jersey (Mr. ida, the names of the Senator from name of the Senator from New Jersey LAUTENBERG) was added as a cosponsor South Dakota (Mr. JOHNSON) and the (Mr. MENENDEZ) was added as a cospon- of S. 1825, a bill to provide for the Senator from North Dakota (Mr. DOR- sor of S. 1233, a bill to provide and en- study and investigation of wartime GAN) were added as cosponsors of S. hance intervention, rehabilitative contracts and contracting processes in 2089, a bill to amend title XVIII of the treatment, and services to veterans Operation Iraqi Freedom and Operation Social Security Act to reduce the cov- with traumatic brain injury, and for Enduring Freedom, and for other pur- erage gap in prescription drug coverage other purposes. poses. under part D of such title based on savings to the Medicare program resulting S. 1240 S. 1895 from the negotiation of prescription At the request of Mrs. CLINTON, the At the request of Mr. REED, the name drug prices. name of the Senator from California of the Senator from New Mexico (Mr. S. 2092 (Mrs. FEINSTEIN) was added as a co- BINGAMAN) was added as a cosponsor of sponsor of S. 1240, a bill to provide for At the request of Mr. DURBIN, the S. 1895, a bill to aid and support pedi- name of the Senator from Ohio (Mr. the provision by hospitals receiving atric involvement in reading and edu- BROWN) was added as a cosponsor of S. Federal funds through the Medicare cation. program or Medicaid program of emer- 2092, a bill to amend title 11, United S. 1916 States Code, to improve protections for gency contraceptives to women who At the request of Mr. BURR, the name employees and retirees in business are survivors of sexual assault. of the Senator from Illinois (Mr. DUR- bankruptcies. S. 1267 BIN) was added as a cosponsor of S. 1916, S. CON. RES. 36 At the request of Mr. DODD, the name a bill to amend the Public Health Serv- At the request of Mr. CASEY, the of the Senator from Pennsylvania (Mr. ice Act to modify the program for the names of the Senator from New Jersey SPECTER) was added as a cosponsor of sanctuary system for surplus chim- (Mr. MENENDEZ), the Senator from New S. 1267, a bill to maintain the free flow panzees by terminating the authority Jersey (Mr. LAUTENBERG), the Senator of information to the public by pro- for the removal of chimpanzees from from Georgia (Mr. ISAKSON), the Sen- viding conditions for the federally the system for research purposes. ator from Washington (Mrs. MURRAY) compelled disclosure of information by S. 1930 and the Senator from California (Mrs. certain persons connected with the At the request of Mr. WYDEN, the FEINSTEIN) were added as cosponsors of news media. name of the Senator from New Hamp- S. Con. Res. 36, a concurrent resolution S. 1310 shire (Mr. SUNUNU) was added as a co- supporting the goals and ideals of Na- At the request of Mr. SCHUMER, the sponsor of S. 1930, a bill to amend the tional Teen Driver Safety Week. name of the Senator from Michigan Lacey Act Amendments of 1981 to pre- S. RES. 273 (Ms. STABENOW) was added as a cospon- vent illegal logging practices, and for At the request of Ms. MIKULSKI, the sor of S. 1310, a bill to amend title other purposes. name of the Senator from Alaska (Mr. XVIII of the Social Security Act to STEVENS) was added as a cosponsor of provide for an extension of increased S. 1944 At the request of Mr. LAUTENBERG, S. Res. 273, a resolution expressing the payments for ground ambulance serv- sense of the Senate that the United ices under the Medicare program. the name of the Senator from Florida (Mr. NELSON) was added as a cosponsor States Postal Service should issue a S. 1328 of S. 1944, a bill to provide justice for semipostal stamp to support medical At the request of Mr. LEAHY, the victims of state-sponsored terrorism. research relating to Alzheimer’s dis- name of the Senator from New Jersey ease. S. 1982 (Mr. LAUTENBERG) was added as a co- S. RES. 299 At the request of Mr. SANDERS, the sponsor of S. 1328, a bill to amend the At the request of Mr. MENENDEZ, the name of the Senator from Ohio (Mr. Immigration and Nationality Act to names of the Senator from New Jersey BROWN) was added as a cosponsor of S. eliminate discrimination in the immi- (Mr. LAUTENBERG) and the Senator 1982, a bill to provide for the establish- gration laws by permitting permanent from Ohio (Mr. BROWN) were added as ment of the United States Employee partners of United States citizens and cosponsors of S. Res. 299, a resolution Ownership Bank, and for other pur- lawful permanent residents to obtain recognizing the religious and historical lawful permanent resident status in poses. significance of the festival of Diwali. S. 2035 the same manner as spouses of citizens AMENDMENT NO. 2251 and lawful permanent residents and to At the request of Mr. SPECTER, the At the request of Mr. LAUTENBERG, penalize immigration fraud in connec- name of the Senator from Connecticut the name of the Senator from Florida tion with permanent partnerships. (Mr. DODD) was added as a cosponsor of (Mr. NELSON) was added as a cosponsor S. 1651 S. 2035, a bill to maintain the free flow of amendment No. 2251 proposed to At the request of Mr. SMITH, the of information to the public by pro- H.R. 1585, to authorize appropriations name of the Senator from Maine (Ms. viding conditions for the federally for fiscal year 2008 for military activi- SNOWE) was added as a cosponsor of S. compelled disclosure of information by ties of the Department of Defense, for 1651, a bill to assist certain Iraqis who certain persons connected with the military construction, and for defense have worked directly with, or are news media. activities of the Department of Energy, threatened by their association with, S. 2085 to prescribe military personnel the United States, and for other pur- At the request of Mr. BROWN, the strengths for such fiscal year, and for poses. name of the Senator from Maine (Ms. other purposes. S. 1718 COLLINS) was added as a cosponsor of S. AMENDMENT NO. 2919 At the request of Mr. BROWN, the 2085, a bill to delay for 6 months the re- At the request of Mr. DURBIN, the name of the Senator from New Jersey quirement to use of tamper-resistant name of the Senator from Vermont

VerDate Aug 31 2005 02:03 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A26SE6.044 S26SEPT1 hmoore on PRODPC68 with HMSENATE September 26, 2007 CONGRESSIONAL RECORD — SENATE S12143 (Mr. SANDERS) was added as a cospon- tary construction, and for defense ac- Defense, for military construction, and sor of amendment No. 2919 intended to tivities of the Department of Energy, for defense activities of the Depart- be proposed to H.R. 1585, to authorize to prescribe military personnel ment of Energy, to prescribe military appropriations for fiscal year 2008 for strengths for such fiscal year, and for personnel strengths for such fiscal military activities of the Department other purposes. year, and for other purposes. of Defense, for military construction, AMENDMENT NO. 3034 f and for defense activities of the De- At the request of Mr. GREGG, the STATEMENTS ON INTRODUCED partment of Energy, to prescribe mili- names of the Senator from Iowa (Mr. BILLS AND JOINT RESOLUTIONS tary personnel strengths for such fiscal GRASSLEY) and the Senator from Kan- year, and for other purposes. sas (Mr. ROBERTS) were added as co- By Mr. SANDERS: S. 2094. A bill to increase the wages AMENDMENT NO. 2982 sponsors of amendment No. 3034 in- and benefits of blue collar workers by At the request of Mr. COLEMAN, the tended to be proposed to H.R. 1585, to strengthening labor provisions in the name of the Senator from Texas (Mr. authorize appropriations for fiscal year H–2B program, to provide for labor re- CORNYN) was added as a cosponsor of 2008 for military activities of the De- cruiter accountability, and for other amendment No. 2982 proposed to H.R. partment of Defense, for military con- purposes; to the Committee on the Ju- 1585, to authorize appropriations for struction, and for defense activities of diciary. fiscal year 2008 for military activities the Department of Energy, to prescribe Mr. SANDERS. Mr. President, today of the Department of Defense, for mili- military personnel strengths for such I am introducing the Increasing Amer- tary construction, and for defense ac- fiscal year, and for other purposes. ican Wages and Benefits Act of 2007. tivities of the Department of Energy, AMENDMENT NO. 3035 Since 2000, key economic indicators to prescribe military personnel At the request of Mr. KENNEDY, the confirm that the economic security of strengths for such fiscal year, and for names of the Senator from Vermont Americans is moving in the wrong di- other purposes. (Mr. LEAHY), the Senator from Penn- rection: nearly 5 million more Ameri- AMENDMENT NO. 2997 sylvania (Mr. SPECTER), the Senator cans are living in poverty; nonelderly At the request of Mr. BIDEN, the from New Jersey (Mr. MENENDEZ), the household income has declined by near- names of the Senator from California Senator from Connecticut (Mr. DODD), ly $2,500; over 3 million manufacturing (Mrs. FEINSTEIN), the Senator from the Senator from Maine (Ms. COLLINS), jobs have been lost; and 8.6 million New Mexico (Mr. BINGAMAN), the Sen- the Senator from Indiana (Mr. BAYH), more Americans are without health in- ator from Ohio (Mr. BROWN), the Sen- the Senator from Colorado (Mr. surance. While the rich have gotten ator from Delaware (Mr. CARPER) and SALAZAR), the Senator from Massachu- richer, every other income group over the Senator from Colorado (Mr. setts (Mr. KERRY), the Senator from the past 7 years has lost ground eco- SALAZAR) were added as cosponsors of New Mexico (Mr. BINGAMAN), the Sen- nomically, with the middle class and amendment No. 2997 proposed to H.R. ator from Illinois (Mr. OBAMA), the working families losing the most. 1585, to authorize appropriations for Senator from New York (Mrs. CLIN- The Increasing American Wages and fiscal year 2008 for military activities TON), the Senator from Maine (Ms. Benefits Act would begin to reverse of the Department of Defense, for mili- SNOWE), the Senator from Washington this downward economic trend for tary construction, and for defense ac- (Mrs. MURRAY), the Senator from workers employed in construction, for- tivities of the Department of Energy, Rhode Island (Mr. REED), the Senator estry, ski resorts, stone quarries, as- to prescribe military personnel from California (Mrs. FEINSTEIN), the phalt paving, hotels, restaurants, land- strengths for such fiscal year, and for Senator from Hawaii (Mr. INOUYE), the scaping, housekeeping and many other other purposes. Senator from Ohio (Mr. BROWN), the industries by reforming the H–2B AMENDMENT NO. 2999 Senator from New Jersey (Mr. LAUTEN- guest-worker program. At the request of Mr. WEBB, the BERG), the Senator from Illinois (Mr. Under current law and existing Fed- names of the Senator from New Jersey DURBIN), the Senator from New York eral regulations, employers applying (Mr. LAUTENBERG) and the Senator (Mr. SCHUMER), the Senator from Cali- for H–2B visas must first certify that from Rhode Island (Mr. REED) were fornia (Mrs. BOXER), the Senator from capable U.S. workers are not available, added as cosponsors of amendment No. Maryland (Mr. CARDIN), the Senator efforts were made to recruit U.S. work- 2999 proposed to H.R. 1585, to authorize from Rhode Island (Mr. WHITEHOUSE), ers for these positions first, and the appropriations for fiscal year 2008 for the Senator from Maryland (Ms. MI- employment of guest workers will not adversely affect the wages and working military activities of the Department KULSKI), the Senator from Vermont conditions of similarly employed U.S. of Defense, for military construction, (Mr. SANDERS), the Senator from Min- workers. and for defense activities of the De- nesota (Ms. KLOBUCHAR), the Senator As documented by the AFL–CIO, partment of Energy, to prescribe mili- from Pennsylvania (Mr. CASEY), the Change to Win, the Southern Poverty tary personnel strengths for such fiscal Senator from Oregon (Mr. WYDEN), the Law Center and other groups, the H–2B year, and for other purposes. Senator from South Dakota (Mr. JOHN- program is frequently used by employ- AMENDMENT NO 3017 SON), the Senator from Iowa (Mr. HAR- . ers to drive down the wages and bene- KIN), the Senator from Delaware (Mr. At the request of Mr. KYL, the names fits of U.S. workers, while cheating H– BIDEN), the Senator from Washington of the Senator from Tennessee (Mr. 2B workers out of earned benefits. CORKER), the Senator from South Da- (Ms. CANTWELL) and the Senator from These abuses have clearly undermined kota (Mr. THUNE) and the Senator from Virginia (Mr. WEBB) were added as co- the legislative and regulatory intent of Arizona (Mr. MCCAIN) were added as cosponsors of amendment No. 3035 pro- this temporary guest-worker program. sponsors of amendment No. 3017 proposed to H.R. 1585, to authorize appro- The Increasing American Wages and posed to H.R. 1585, to authorize appropriations for fiscal year 2008 for mili- Benefits Act would reform the H–2B priations for fiscal year 2008 for military activities of the Department of program to ensure that workers receive tary activities of the Department of Defense, for military construction, and the wages and benefits they deserve Defense, for military construction, and for defense activities of the Depart- and prevent employers from abusing for defense activities of the Depart- ment of Energy, to prescribe military the system. ment of Energy, to prescribe military personnel strengths for such fiscal Specifically, this legislation: requires personnel strengths for such fiscal year, and for other purposes. employers to do a much better job at year, and for other purposes. AMENDMENT NO. 3045 recruiting American workers first at AMENDMENT NO. 3024 At the request of Mr. COBURN, the higher wages before being able to hire At the request of Mrs. DOLE, her name of the Senator from Maine (Ms. H–2B guest-workers; provides the De- name was added as a cosponsor of COLLINS) was added as a cosponsor of partment of Labor with the explicit au- amendment No. 3024 proposed to H.R. amendment No. 3045 intended to be pro- thority to enforce labor law violations 1585, to authorize appropriations for posed to H.R. 1585, to authorize appro- pertaining to the H–2B program; allows fiscal year 2008 for military activities priations for fiscal year 2008 for mili- workers who have been directly and ad- of the Department of Defense, for military activities of the Department of versely affected by the H–2B program

VerDate Aug 31 2005 03:09 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A26SE6.046 S26SEPT1 hmoore on PRODPC68 with HMSENATE S12144 CONGRESSIONAL RECORD — SENATE September 26, 2007 to have their day in court against un- your efforts to protect the living standards ployers and giving them access to legal serv- scrupulous employers; prohibits com- of all who labor within our borders. ices attorneys are important steps in helping panies that have announced mass lay- Sincerely, workers combat abuse and protect their offs within the past year from hiring WILLIAM SAMUEL, rights. Director, Department of Legislation. H–2B guest-workers. Allows the Legal In conclusion, current guestworker programs for low-skilled workers in the United Services Corporation to provide the IMMIGRANT JUSTICE PROJECT, States lack adequate worker protections and same legal services to H–2B workers as SOUTHERN POVERTY LAW CENTER, lack any real means to enforce the protec- it provides to H–2A workers; requires Montgomery, AL, September 17, 2007. tions that do exist under federal law. Vulner- Hon. BERNIE SANDERS, employers to pay for the transpor- able workers desperately need Congress to U.S. Senate, tation expenses for H–2B guest workers take the lead in demanding reform of this both to the United States and back to Washington, DC. DEAR SENATOR SANDERS: I write on behalf system. Passage of this bill would go a long their country of origin once the em- of the Southern Poverty Law Center in sup- way toward remedying the abuses that vul- ployment period ends; and provides port of the legislation you recently intro- nerable workers experience in U.S. other important protections for H–2B duced to reform the H–2B guestworker pro- guestworker programs. guest-workers. gram. The bill, ‘‘The Increasing American Sincerely, This legislation improves and Wages and Benefits Act,’’ would substan- MARY BAUER, strengthens the H–2B program so that tially improve the legal protections avail- Director. it can be used by employers during able to H–2B workers and to American work- emergency labor shortages, while in- ers laboring in industries that rely heavily UNITED FOOD & COMMERCIAL on guestworkers. creasing the wages and benefits for WORKERS INTERNATIONAL UNION, CLC, Founded in 1971, the Southern Poverty Law Washington, DC, September 21, 2007. both American workers and guest- Center is a civil rights organization dedi- Hon. BERNARD SANDERS, workers. cated to advancing and protecting the rights U.S. Senate, I am proud that the Increasing Amer- of minorities, the poor and victims of injus- Washington, DC. ican Wages and Benefits Act has the tice in significant civil rights and social justice matters. Our Immigrant Justice Project DEAR SENATOR SANDERS: On behalf of the strong support of the AFL–CIO; the 1.3 million members of the United Food and Service Employees International represents low-income immigrant workers in litigation across the Southeast. Commercial Workers International Union Union, SEIU; the International Broth- During my legal career, I have represented (UFCW), I am writing to thank you for intro- erhood of Teamsters; the Southern and spoken with literally thousands of H–2 ducing the ‘‘Increasing American Wages and Poverty Law Center; the Building and guestworkers in many states. Currently, the Benefits Act of 2007.’’ UFCW supports this Construction Trades Department; the Southern Poverty Law Center is rep- legislation that will improve the legal pro- Laborers’ International Union of North resenting workers in seven class action law- tections to H–2B seasonal non-agricultural America; the United Food and Com- suits on behalf of guestworkers. We have also workers. mercial Workers; the International recently published a report about the H–2 It is clear that the current temporary non- Brotherhood of Electrical Workers; the guestworker program in the United States immigrant programs have not worked as in- entitled ‘‘Close to Slavery,’’ which can be Alliance of Forest Workers and Har- tended and it is long past the time for re- accessed at http://www.splcenter.org/pdf/stat- form. UFCW has long advocated for reform of vesters; the United Farmworkers of ic/SPLCguestworker.pdf. America; and the Farmworkers Sup- existing guestworker programs. Many em- Our report, which discusses in detail the ployers and recruiters who recruit and hire port Committee. abuses suffered by guestworkers, is based workers through this program have engaged I ask unanimous consent to have upon thousands of interviews with workers in questionable tactics, and many of the printed in the RECORD letters of sup- as well as a review of the research on workers have been subjected to exploitation. port. guestworker programs, scores of legal cases and the experience of legal experts from In addition, we believe that many of these There being no objection, the mate- jobs could and would be filled by American rial was ordered to be printed in the around the country. As the report reflects, guestworkers are systematically exploited workers, especially if the employers offer ap- RECORD, as follows: because the very structure of the program propriate wages and working conditions to AMERICAN FEDERATION OF LABOR places them at the mercy of a single em- attract domestic workers. The ‘‘Increasing AND CONGRESS OF INDUSTRIAL OR- ployer and provides no realistic means for American Wages and Benefits Act’’ will in- GANIZATIONS, workers to exercise the few rights they have. crease the enforcement for the program, Washington, DC, September 19, 2007. The H–2B guestworker program permits deter abuse of guestworkers, and would im- Hon. BERNARD SANDERS, U.S. employers to import human beings on a prove the wages, benefits, and working con- Dirksen Senate Office Building, temporary basis from other nations to per- ditions offered to these workers and all Washington, DC. form work when the employer certifies that American workers, who are unfairly forced DEAR SENATOR SANDERS: The AFL–CIO ‘‘qualified persons in the United States are to compete for these jobs. strongly supports the ‘‘Increasing American not available and . . . the terms of employ- UFCW has been a long-time proponent of Wages and Benefits Act of 2007,’’ which ment will not adversely affect the wages and reforming guestworker programs because, in would strengthen necessary labor protec- working conditions of workers in the U.S. spite of the theory, the real world impact is tions within the H–2B seasonal non-agricul- similarly employed.’’ Those workers gen- that they have created an underclass of tural guest worker program. erally cannot bring with them their imme- workers, have held down wages, discouraged As demonstrated by a recent report issued diate family members, and their status pro- reporting of workplace complaints, and re- by the Southern Poverty Law Center, ‘‘Close vides them no route to permanent residency duced workers’ ability to organize and col- to Slavery,’’ employers and recruiters who in the United States. lectively bargain. In addition, the result of seek to import seasonal workers through The program is rife with abuses. The the existing programs is that they have en- this program have all too often engaged in abuses typically start long before the worker gendered discriminatory attitudes toward in- questionable tactics and subjected workers has arrived in the United States, with the re- dividuals who are afforded neither full rights to exploitation. This exploitation often goes cruitment process, and they continue nor benefits on the job, nor participation in undetected because the investigative and en- through and even after his or her employ- our society. Our experience is that no matter forcement mechanisms of the H–2B program ment here. Unlike U.S. citizens, guest work- how many worker protections have been are largely non-existent. ers do not enjoy the most fundamental pro- written into temporary worker programs, Adequate enforcement of labor standards tection of a competitive labor market—the the approach inherently provides employers within the H–2B seasonal guest worker pro- ability to change jobs if they are mistreated. with the opportunity to exploit workers and gram would not only help deter the abuse of If guestworkers complain about abuses, they turn permanent jobs into low-wage, no-ben- an imported foreign workforce, but would face deportation, blacklisting or other retal- efit, and no-future jobs. also protect the wages and benefits offered to iation. American workers, who are unfairly forced Our report documents rampant wage viola- UFCW supports your reform efforts and we to compete for jobs by employers who appre- tions, recruitment abuses, seizure of identity look forward to working with you to enact ciate the benefits of filling vacancies with a documents and squalid living conditions, this important legislation. more vulnerable workforce. among other things. H–2B workers simply Sincerely, The suffering of one segment of our work- have very few legal protections under our MICHAEL J. WILSON, force has an inevitable and damaging impact current law. International Vice on every worker. We must stop unscrupulous In addition, H–2B workers cannot reason- President, Director, employers from padding their profit margins ably enforce the few rights they have under Legislative and Po- by endangering workers and driving down our current system. Providing workers a way litical Action De- wages and workplace standards. We applaud to enforce promises made to them by em- partment.

VerDate Aug 31 2005 03:09 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A26SE6.048 S26SEPT1 hmoore on PRODPC68 with HMSENATE September 26, 2007 CONGRESSIONAL RECORD — SENATE S12145 FARMWORKER JUSTICE, COMITE DE APOYO A LOS This bill would prevent the auto- Washington, DC, September 19, 2007. TRANSBAJADORES AGRICOLAS— matic expiration and removal of num- Re reform of the H–2B Temporary Foreign FARMWORKERS SUPPORT COM- bers from the registry. Worker Program. MITTEE, Congress established the ‘‘Do Not Senator BERNARD SANDERS, Glassboro, NJ, September 19, 2007. U.S. Senate, Re endorsement for the increasing American Call’’ registry in 2003. It quickly be- Washington, DC. Wages and Benefits Act. came one of the most popular con- DEAR SENATOR SANDERS: Thank you for in- Senator SANDERS, sumer protection programs in history. troducing the Increasing American Wages U.S. Senate, Congress did not provide for automatic and Benefits Act to reform the H–2B Washington DC. expiration of ‘‘Do Not Call’’ list reg- guestworker program for seasonal employ- DEAR SENATOR SANDERS: CATA—El Comite istrations, but the FTC and FCC in- ment Farmworker Justice, a national advo- de Apoyo a los Trabajadores Agricolas, The cluded an automatic five year expira- cacy and litigation organization for agricul- Farmworker Support Committee, is a grassroots migrant and immigrant worker organi- tion for registrations when they wrote tural workers, has had substantial experi- the rules for implementing the pro- ence helping U.S. and foreign workers af- zation whose mission is to educate and em- fected by the H–2B program as well as the H– power workers so they are able to defend gram. 2A agricultural guestworker program. Our their rights. That was not what Congress in- research and direct experience cause us to We at CATA acknowledge that the H–2B tended. As things stand today, 52 mil- conclude that substantial reforms of the pro- reform bill you have prepared would provide lion Americans will either have to re- greater protection to workers. Thank you for gram are needed. We support the legislation your support in combating the abuse of cur- register on October 1, 2008, or get ready and hope that Congress enacts it imme- rent H–2B workers. to hear their telephones ringing during diately. We believe that maintaining equivalent supper time again with unwanted, com- Currently, the H–2B law instructs the De- wages between American workers and mercial solicitation calls. partment of Labor to prevent employers that guestworkers is critical for sustaining appro- Mr. President, I ask unanimous con- hire H–2B guestworkers based on claimed priate working conditions and preventing sent that the text of the bill be printed labor shortages from displacing United the creation of an underclass. We at CATA in the RECORD. States workers and from adversely affecting remain adamant that enforcement of any their wages and working conditions. The legislation is key to its effectiveness at pro- There being no objection, the text of law’s provisions fail to achieve these objec- tecting workers’ rights. the bill was ordered to be placed in the tives. The law also fails to prevent exploi- We at CATA recommend further legisla- RECORD, as follows: tation of foreign citizens who, due to their tion to address the portability of jobs to S. 2096 poverty and the temporary, nonimmigrant eliminate worker vulnerability under the Be it enacted by the Senate and House of Rep- status of the H–2B visa, are vulnerable to ac- current law. We also insist on developing a resentatives of the United States of America in cepting substandard and often illegal em- mechanism for H–2B workers to achieve per- Congress assembled, ployment conditions. Further, the Depart- manent residence. Despite not addressing SECTION 1. SHORT TITLE. ment of Labor’s policies and actions fail to these critical concerns that CATA has, the This Act may be cited as the ‘‘Do-Not-Call meet the statutory goals. The H–2B law must Increasing American Wages and Benefits Act Improvement Act of 2007’’. be improved and your legislation would do is a decisive step forward for human rights. so. Sincerely, SEC. 2. PROHIBITION OF EXPIRATION DATE FOR REGISTERED TELEPHONE NUM- ELSON ARRASQUILLO The need for strong protections in N C , BERS. guestworker programs has been dem- Executive Director. The Do-Not-Call Implementation Act (15 onstrated time and time again, in the hiring By Mr. DORGAN (for himself, Mr. U.S.C. 6101 note) is amended— of Chinese workers in the 1860’s to 1870’s, in (1) by inserting ‘‘Such rule shall not pro- the employment of Mexican workers in the STEVENS, Mr. SCHUMER, Mr. EN- vide any date of expiration for telephone Bracero guestworker program in the 1940’s to SIGN, Mr. KERRY, Mr. KOHL, Mr. numbers registered on the ‘do-not-call’ reg- 1960’s, and in the H–2A and H–2B guestworker FEINGOLD, Mrs. CLINTON, Mrs. istry, nor for any predetermined time limita- programs. Many employers find guest- FEINSTEIN, and Mr. NELSON of tion for telephone numbers to remain on the workers advantageous because they usually Florida): registry.’’ after the first sentence in section come from poor countries, where wages are a S. 2096. A bill to amend the Do-Not- 3; and small fraction of those in the U.S., and often (2) by adding at the end the following: will work at very high productivity rates for Call Implementation Act to eliminate ‘‘SEC. 5. PROHIBITION OF EXPIRATION DATE. significantly lower wages than will U.S. the automatic removal of telephone ‘‘In issuing regulations regarding the ‘do- workers. Guestworker programs have dis- numbers registered on the Federal ‘‘do- not-call’ registry of the Telemarketing Sales placed U.S. workers and depressed wage not-call’’ registry; to the Committee Rule (16 C. F. R. 310.4(b)(1)(iii)), the Federal rates. on Commerce, Science, and Transpor- Trade Commission shall not provide for any Your legislation is also important because tation. date of expiration for telephone numbers it would begin a process of regulating the Mr. DORGAN. Mr. President, today I registered on the ‘do-not-call’ registry, nor international recruitment of guestworkers am introducing, along with Senators for any predetermined time limitation for by labor contracting firms that are hired by STEVENS, SCHUMER, ENSIGN, KERRY, telephone numbers to remain on the reg- employers in the United States. The istry.’’. guestworker recruitment system often en- KOHL, FEINGOLD, CLINTON, FEINSTEIN, and NELSON of Florida, the Do-Not-Call ables the ultimate employers to escape re- By Mr. FEINGOLD: sponsibility for the mistreatment of the for- Improvement Act of 2007. We seek with eign citizens. this bill to ensure that millions of S. 2097. A bill to modify the optional While we support reform of the H–2B pro- Americans who signed up for the ‘‘Do- method of computing net earnings gram, we remain skeptical that any Not-Call’’ registry do not face a re- from self-employment; to the Com- guestworker program is consistent with sumption of unwanted calls from tele- mittee on Finance. America’s economic and democratic free- marketers next year when registra- Mr. FEINGOLD. Mr. President, today doms. We are a nation of immigrants, not a tions on the registry begin to expire. I am introducing legislation to address nation of guestworkers. In America, workers Most Americans are unaware that an injustice in the Tax Code that is should have the freedom to switch employ- their registration on the list is set to threatening family farmers and other ers, demand better wages and working condi- self-employed individuals. Some of my tions, join unions and become citizens with expire after 5 years. The expiration is the right to vote. Although reform is one unnecessary, most people who initially constituents, primarily Wisconsin critical step to protect U.S. workers from wanted to be rid of telemarketing calls farmers, have requested Congress’s as- displacement and wage depression and likely still want to block these calls. sistance to correct the Tax Code so guestworkers from exploitation, ultimately The system automatically removes they can protect their families. The Congress should consider abolishing the pro- numbers that are disconnected and re- legislation I introduce today, the gram and replacing it with a system based assigned. Farmer Tax Fairness Act of 2007, is on a true immigration status for workers The automatic expiration will only similar to legislation I introduced in who are needed in this country. create a hassle for Americans as they the last two Congresses and will solve Thank you very much for introducing the Increasing American Wages and Benefits start receiving calls again and have to the problem for today and into the fu- Act. go through the process of re-reg- ture. Sincerely, istering. The U.S. Government would Farming is vital to Wisconsin. Wis- BRUCE GOLDSTEIN, have to spend money to let people consin’s agricultural industry plays a Excecutive Director. know they need to sign up again. large and important role in the growth

VerDate Aug 31 2005 03:09 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A26SE6.089 S26SEPT1 hmoore on PRODPC68 with HMSENATE S12146 CONGRESSIONAL RECORD — SENATE September 26, 2007 and prosperity of the entire State. Wis- anticipated erosion in this option for S. 2097 consin’s status as ‘‘America’s farmers and the self-employed. Be it enacted by the Senate and House of Rep- Dairyland’’ is central to our State’s ag- Congress’s failure to address this resentatives of the United States of America in riculture industry. Wisconsin’s dairy problem threatens the ability of self- Congress assembled, farmers produce approximately 23 bil- employed individuals to maintain eligi- SECTION 1. SHORT TITLE. lion pounds of milk and lead the Na- bility for OASDI and HI. I have heard This Act may be cited as the ‘‘Farmer Tax tion in cheese production with over 25 from several of my constituent who Fairness Act of 2007’’. want these options to be fixed so they SEC. 2. MODIFICATION TO OPTIONAL METHOD OF percent or 2.5 billion pounds of cheese a COMPUTING NET EARNINGS FROM year. But Wisconsin’s farmers produce can make sure their families will be SELF-EMPLOYMENT. much more than milk; they also are taken care of in the event that some- (a) AMENDMENTS TO THE INTERNAL REVENUE national leaders in the production of thing unforeseen occurs. CODE OF 1986.— butter, potatoes, ginseng, cranberries, Therefore, I am introducing the (1) IN GENERAL.—The matter following various processing vegetables, and Farmer Tax Fairness Act of 2007 in paragraph (15) of section 1402(a) of the Inter- many organic foods. So when the hard- order to provide farmers and self-em- nal Revenue Code of 1986 is amended— (A) by striking ‘‘$2,400’’ each place it ap- working farmers of Wisconsin need ployed individuals with a fair choice. Under this bill, they will continue to pears and inserting ‘‘the upper limit’’, and help, I will do all I can to assist. (B) by striking ‘‘$1,600’’ each place it ap- One concern that I have heard from be able to elect the optional method if pears and inserting ‘‘the lower limit’’. Wisconsin farmers is that the Tax Code they so choose. When individuals do (2) DEFINITIONS.—Section 1402 of such Code can limit their eligibility for social elect the option, this legislation pro- is amended by adding at the end the fol- safety net programs, including old age, vides an update to the Tax Code so lowing new subsection: survivors, and disability insurance, farmers and self-employed individuals ‘‘(l) UPPER AND LOWER LIMITS.—For pur- OASDI, under Social Security and the can retain full eligibility for OASDI poses of subsection (a)— hospital insurance HI part of Medicare. and HI benefits. It indexes the optional ‘‘(1) LOWER LIMIT.—The lower limit for any income levels to SSA’s QC calcula- taxable year is the sum of the amounts re- These programs are paid for through quired under section 213(d) of the Social Se- payroll taxes on workers and through tions, allowing these farmers and self- curity Act for a quarter of coverage in effect the self-employment tax on the income employed individuals to claim enough with respect to each calendar quarter ending of self-employed individuals. To be eli- earned income to qualify for four OCs with or within such taxable year. gible for OSADI and HI benefits an in- annually. In addition, by linking the ‘‘(2) UPPER LIMIT.—The upper limit for any dividual must be fully insured and earned income level to SSA’s require- taxable year is the amount equal to 150 per- must have earned a minimum amount ments for QCs, the bill will ensure that cent of the lower limit for such taxable of income in the years immediately the amount of income deemed to be year.’’. (b) AMENDMENTS TO THE SOCIAL SECURITY preceding the need for coverage. Every earned under the optional methods will not need to be adjusted by Congress ACT.— year, the Social Security Administra- (1) IN GENERAL.—The matter following tion, SSA, sets the amount of earned again. paragraph (15) of section 211(a) of the Social income that individuals must pay taxes Along with providing security to self- Security Act is amended— on to earn quarters of coverage, QCs, employed individuals and farmers (A) by striking ‘‘$2,400’’ each place it ap- and maintain their benefits. An indi- across the country, this solution is fis- pears and inserting ‘‘the upper limit’’, and vidual’s eligibility requirements de- cally responsible. It could even provide (B) by striking ‘‘$1,600’’ each place it appears and inserting ‘‘the lower limit’’. pend upon the age at which death or a short run increase in U.S. Treasury (2) DEFINITIONS.—Section 211 of such Act is disability occurs, but for workers over revenues while having negligible impact upon the Social Security trust amended by adding at the end the following 31 years of age, they must have earned fund in the long run. new subsection: at least 20 QCs within the past 10 years. Let me take a moment to acknowl- ‘‘Upper and Lower Limits Self-employed individuals can have edge the efforts of the Senator from ‘‘(k) For purposes of subsection (a)— highly variable income, and, particu- Iowa, Mr. GRASSLEY, to address this ‘‘(1) The lower limit for any taxable year is larly for farmers who are at the whim problem in the 107th Congress. As the sum of the amounts required under sec- of Mother Nature, not every year is a chairman of the Senate Finance Com- tion 213(d) for a quarter of coverage in effect good year. During lean years, individ- with respect to each calendar quarter ending mittee, he included similar legislative uals may not earn enough income to with or within such taxable year. language in the chairman’s mark for maintain adequate coverage under ‘‘(2) The upper limit for any taxable year is the Small Business and Farm Eco- OASDI and HI. Therefore, the Tax Code the amount equal to 150 percent of the lower nomic Recovery Act of 2002. The Sen- limit for such taxable year.’’. provides options to allow self-employed ate Finance Committee held a markup (3) CONFORMING AMENDMENT.—Section 212 individuals to maintain eligibility for on the legislation on September 19, of such Act is amended— benefits. These options allow individ- 2002, but the changes to the optional (A) in subsection (b), by striking ‘‘For’’ uals to choose to pay taxes based on methods did not become law. and inserting ‘‘Except as provided in sub- $1,600 of earned income, thus allowing When incomes fall, the Tax Code pro- section (c), for’’; and self-employed entrepreneurs to main- (B) by adding at the end the following new vides optional methods for calculating subsection: tain the same Federal protections even net earnings to ensure that farmers when their income varies. ‘‘(c) For the purpose of determining aver- and self-employed individuals maintain age indexed monthly earnings, average Unfortunately, both the options for eligibility for social safety net pro- monthly wage, and quarters of coverage in farmers and nonfarmers, Social Secu- grams. When these provisions were de- the case of any individual who elects the op- rity Act § 211(a) and I.R.C. § 1402(a), veloped, Congress intended self-em- tion described in clause (ii) or (iv) in the have not kept pace with inflation, and ployed individuals to have the ability matter following section 211(a)(15) for any they no longer provide security to fam- to pay enough to earn a full 4 QCs. Un- taxable year that does not begin with or dur- ilies across the country. Decades ago, fortunately the Tax Code has not kept ing a particular calendar year and end with or during such year, the self-employment in- self-employment income of $1,600 up with the times and due to inflation earned an individual four QCs under come of such individual deemed to be derived many farmers are losing eligibility for during such taxable year shall be allocated SSA’s calculations. In 2001, the amount some of Social Security’s programs. to the two calendar years, portions of which needed to earn a QC rose to $830 of Congress needs to provide security to are included within such taxable year, in the earned income, so individuals electing farm families and other self-employed same proportion to the total of such deemed the optional methods were only able to individuals. I urge my colleagues to self-employment income as the sum of the earn one QC per year; making it much support the Farmer Tax Fairness Act amounts applicable under section 213(d) for harder for them to remain eligible for of 2007. the calendar quarters ending with or within benefits because they must average 2 I ask unanimous consent that the each such calendar year bears to the lower QCs per year to be eligible. With infla- limit for such taxable year specified in sec- text of the bill be printed in the tion 211(k)(1).’’. tion, there is no chance of the amount RECORD. (c) EFFECTIVE DATE.—The amendments needed to earn a QC dropping on its There being no objection, the text of made by this section shall apply to taxable own and it has steadily risen since 2001, the bill was ordered to be placed in the years beginning after the date of the enact- so legislation is needed to fix this un- RECORD, as follows: ment of this Act.

VerDate Aug 31 2005 02:20 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A26SE6.052 S26SEPT1 hmoore on PRODPC68 with HMSENATE September 26, 2007 CONGRESSIONAL RECORD — SENATE S12147 By Mr. DORGAN (for himself and (5) SECRETARY.—The term ‘‘Secretary’’ (3) consider the interests of diverse units of Mr. CONRAD): means the Secretary of the Interior. government, businesses, organizations, non- S. 2098. A bill to establish the North- (6) STATE.—The term ‘‘State’’ means the profit groups, and individuals in the Heritage ern Plains Heritage Area in the State State of North Dakota. Area in the preparation and implementation of North Dakota; to the Committee on SEC. 3. ESTABLISHMENT. of the management plan; (a) IN GENERAL.—There is established in (4) conduct meetings open to the public at Energy and Natural Resources. the State the Northern Plains National Her- least semiannually regarding the develop- Mr. DORGAN. Mr. President, today I itage Area. ment and implementation of the manage- am pleased to be joined by Senator (b) BOUNDARIES.—The Heritage Area shall ment plan; CONRAD to introduce legislation called consist of— (5) for any year for which Federal funds the Northern Plains Heritage Area Act. (1) a core area of resources in Burleigh, have been received under this Act— This legislation would designate a core McLean, Mercer, Morton, and Oliver Coun- (A) submit an annual report to the Sec- area of historically significant re- ties in the State; and retary that describes the activities, ex- (2) any sites, buildings, and districts with- sources in Burleigh, McLean, Mercer, penses, and income of the management enti- in the core area recommended by the man- ty, including any grants to any other enti- Morton and Oliver counties in North agement plan for inclusion in the Heritage ties; Dakota. Area. (B) make available to the Secretary for This National Heritage Area extends (c) MAP.—A map of the Heritage Area shall audit all records relating to the expenditure nearly the entire length of the last of be— of the Federal funds and any matching funds; the free-flowing Missouri River in (1) included in the management plan; and and North Dakota, the last place the river (2) on file and available for public inspec- (C) require, with respect to all agreements tion in the appropriate offices of the Na- can be seen as it was seen by Lewis and authorizing the expenditure of Federal funds tional Park Service. by other organizations, that the organiza- Clark and the ancestors of today’s (d) MANAGEMENT ENTITY.—The manage- tions receiving the Federal funds make Mandan and Hidatsa tribes. ment entity for the Heritage Area shall be available to the Secretary for audit all But what makes this area a particu- the Northern Plains Heritage Foundation, a records concerning the expenditure of the larly good fit for a National Heritage nonprofit corporation established under the laws of the State. funds; and Area designation is the distinction (6) encourage by appropriate means eco- SEC. 4. ADMINISTRATION. arising from the patterns of human ac- nomic viability that is consistent with the (a) IN GENERAL.—For purposes of carrying Heritage Area. tivity shaped by geography. This is the out the management plan, the Secretary, northern extremity of Native agri- acting through the management entity, may (c) PROHIBITION ON THE ACQUISITION OF culture on the Great Plains. use amounts made available under this Act REAL PROPERTY.—The management entity The scenic breaks of North Dakota’s to— shall not use Federal funds made available Missouri Valley overlook a rich agri- (1) make grants to the State or a political under this Act to acquire real property or cultural tradition stretching back a subdivision of the State, nonprofit organiza- any interest in real property. thousand years. Along the length of tions, and other persons; (d) COST-SHARING REQUIREMENT.—The Fed- the State’s remaining free-flowing Mis- (2) enter into cooperative agreements with, eral share of the cost of any activity carried or provide technical assistance to, the State souri River, from Huff National Land- out using any Federal funds made available or a political subdivision of the State, non- under this Act shall be 50 percent. mark on the south to the Knife River profit organizations, and other interested Indian Villages National Historic Site parties; (e) OTHER SOURCES.—Nothing in this Act on the north, the Northern Plains Her- (3) hire and compensate staff, including in- precludes the management entity from using itage Area would encompass the an- dividuals with expertise in natural, cultural, Federal funds form other sources for authorized purposes. cient homeland of the Mandan and and historical resources protection and her- Hidatsa nations. itage programming; SEC. 5. MANAGEMENT PLAN. (4) obtain money or services from any While farming methods have (a) IN GENERAL.—Not later than 3 years source, including under any other Federal changed, the agricultural traditions after the date of enactment of this Act, the law or program; management entity shall submit to the Sec- and the scenic, cultural and historic (5) contract for goods or services; and retary for approval a proposed management values remain. The same attributes of (6) carry out any other activity that— plan for the Heritage Area. geography and climate that attracted (A) furthers the purposes of the Heritage the Mandan and Hidatsa later appealed Area; and (b) REQUIREMENTS.—The management plan to homesteading farmers and ranchers (B) is consistent with the approved man- shall— and the energy industry, all of whom agement plan. (1) incorporate an integrated and coopera- benefited from the natural resources of (b) DUTIES.—The management entity tive approach for the protection, enhance- shall— ment, and interpretation of the natural, cul- the land. (1) in accordance with section 5, prepare tural, historic, scenic, and recreational re- Mr. President, I ask unanimous con- and submit a management plan for the Her- sources of the Heritage Area; sent that the text of the bill be printed itage Area to the Secretary; (2) take into consideration State and local in the RECORD. (2) give priority to implementing actions plans; There being no objection, the text of covered by the management plan, including (3) include— the bill was ordered to be printed in assisting units of local government, regional (A) an inventory of— the RECORD, as follows: planning organizations, and nonprofit orga- (i) the resources located in the core area nizations in carrying out the approved man- described in section 3(b)(1); and S. 2098 agement plan by— (ii) any other property in the core area Be it enacted by the Senate and House of Rep- (A) carrying out programs and projects that— resentatives of the United States of America in that recognize, protect, and enhance impor- (I) is related to the themes of the Heritage Congress assembled, tant resource values in the Heritage Area; Area; and SECTION 1. SHORT TITLE. (B) establishing and maintaining interpre- (II) should be preserved, restored, man- This Act may be cited as the ‘‘Northern tive exhibits and programs in the Heritage aged, or maintained because of the signifi- Plains Heritage Area Act’’. Area; cance of the property; SEC. 2. DEFINITIONS. (C) developing recreational and edu- (B) comprehensive policies, strategies and In this Act: cational opportunities in the Heritage Area; recommendations for the conservation, fund- (1) HERITAGE AREA.—The term ‘‘Heritage (D) increasing public awareness of, and ap- ing, management, and development of the Area’’ means the Northern Plains Heritage preciation for, natural, historical, scenic, Heritage Area; Area established by section 3(a). and cultural resources of the Heritage Area; (C) a description of actions that govern- (2) MANAGEMENT ENTITY.—The term ‘‘man- (E) protecting and restoring historic sites ments, private organizations, and individuals agement entity’’ means the management en- and buildings in the Heritage Area that are have agreed to take to protect the natural, tity for the Heritage Area designated by sec- consistent with the themes of the Heritage historical and cultural resources of the Her- tion 3(d). Area; itage Area; (3) MANAGEMENT PLAN.—The term ‘‘man- (F) ensuring that clear, consistent, and ap- (D) a program of implementation for the agement plan’’ means the management plan propriate signs identifying points of public management plan by the management entity for the Heritage Area required under section access and sites of interest are posted that includes a description of— 5. throughout the Heritage Area; and (i) actions to facilitate ongoing collabora- (4) MAP.—The term ‘‘map’’ means the map (G) promoting a wide range of partnerships tion among partners to promote plans for re- entitled ‘‘Proposed Northern Plains National among governments, organizations, and indi- source protection, restoration, and construc- Heritage Area’’. viduals to further the Heritage Area; tion; and

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(ii) specific commitments for implementa- (1) IN GENERAL.—On the request of the (B) achieving the goals and objectives of tion that have been made by the manage- management entity, the Secretary may pro- the approved management plan for the Herit- ment entity or any government, organiza- vide financial assistance and, on a reimburs- age Area; tion, or individual for the first 5 years of op- able or nonreimbursable basis, technical as- (2) analyze the Federal, State, local, and eration of the Heritage Area; sistance to the management entity to de- private investments in the Heritage Area to (E) the identification of sources of funding velop and implement the management plan. determine the leverage and impact of the infor carrying out the management plan; (2) COOPERATIVE AGREEMENTS.—The Sec- vestments; and (F) analysis and recommendations for retary may enter into cooperative agree- (3) review the management structure, part- means by which Federal, State, and local ments with the management entity and nership relationships, and funding of the programs may best be coordinated to carry other public or private entities to provide Heritage Area for purposes of identifying the out this Act, including recommendations for technical or financial assistance under para- critical components for sustainability of the the role of the National Park Service in the graph (1). Heritage Area. Heritage Area; and (3) PRIORITY.—In assisting the Heritage (c) REPORT.— (G) an interpretive plan for the Heritage Area, the Secretary shall give priority to ac- (1) IN GENERAL.—Based on the evaluation Area; and tions that assist in— conducted under subsection (a)(1), the Sec- (4) recommend policies and strategies for (A) conserving the significant natural, his- retary shall prepare a report that includes resource management that consider and de- toric, cultural, and scenic resources of the recommendations for the future role of the scribe the application of appropriate land Heritage Area; and National Park Service, if any, with respect and water management techniques, includ- (B) providing educational, interpretive, to the Heritage Area. ing the development of intergovernmental and recreational opportunities consistent (2) REQUIRED ANALYSIS.—If the report pre- and interagency cooperative agreements to with the purposes of the Heritage Area. pared under paragraph (1) recommends that protect the natural, historical, cultural, edu- (c) CONSULTATION AND COORDINATION.—To Federal funding for the Heritage Area be re- cational, scenic, and recreational resources the maximum extent practicable, the head of authorized, the report shall include an anal- of the Heritage Area. any Federal agency planning to conduct ac- ysis of— (c) DEADLINE.—If a proposed management tivities that may have an impact on the Her- (A) ways in which Federal funding for the plan is not submitted to the Secretary by itage Area is encouraged to consult and co- Heritage Area may be reduced or eliminated; the date that is 3 years after the date of en- ordinate the activities with the Secretary and actment of this Act, the management entity and the management entity. (B) the appropriate time period necessary shall be ineligible to receive additional fund- (d) OTHER FEDERAL AGENCIES.—Nothing in to achieve the recommended reduction or ing under this Act until the date on which this Act— elimination. the Secretary approves a management plan. (1) modifies or alters any laws (including (3) SUBMISSION TO CONGRESS.—On comple- (d) APPROVAL OR DISAPPROVAL OF MANAGE- regulations) authorizing a Federal agency to tion of the report, the Secretary shall sub- MENT PLAN.— manage Federal land under the jurisdiction mit the report to— (1) IN GENERAL.—Not later than 180 days of the Federal agency; (A) the Committee on Energy and Natural after the date of receipt of the management (2) limits the discretion of a Federal land Resources of the Senate; and plan under subsection (a), the Secretary, in manager to implement an approved land use (B) the Committee on Natural Resources of consultation with the State, shall approve or plan within the boundaries of the Heritage the House of Representatives. disapprove the management plan. Area; or SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (2) CRITERIA FOR APPROVAL.—In deter- (3) modifies, alters, or amends any author- There is authorized to be appropriated to mining whether to approve the management ized use of Federal land under the jurisdic- carry out this Act $10,000,000, of which not plan, the Secretary shall consider whether— tion of a Federal agency. more than $1,000,000 may be made available (A) the management entity is representa- for any fiscal year. SEC. 7. PRIVATE PROPERTY AND REGULATORY tive of the diverse interests of the Heritage PROTECTIONS. SEC. 10. TERMINATION OF AUTHORITY. Area, including governments, natural and Nothing in this Act— The authority of the Secretary to provide historic resource protection organizations, assistance under this Act terminates on the educational institutions, businesses, and rec- (1) abridges the rights of any owner of public or private property, including the right to date that is 15 years after the date of enact- reational organizations; ment of this Act. (B) the management entity has afforded refrain from participating in any plan, adequate opportunity, including public hear- project, program, or activity conducted within the Heritage Area; By Mr. BINGAMAN (for himself, ings, for public and governmental involve- Mr. KERRY, Mr. SALAZAR, and ment in the preparation of the management (2) requires any property owner to— (A) permit public access (including access Ms. STABENOW): plan; and S. 2101. A bill to amend title XIX of (C) the resource protection and interpreta- by Federal, State, or local agencies) to the tion strategies contained in the management property of the property owner; or the Social Security Act to assist low- plan, if implemented, would adequately pro- (B) modify public access to, or use of, the income Medicare beneficiaries by im- tect the natural, historical, and cultural re- property of the property owner under any proving eligibility and services under sources of the Heritage Area. other Federal, State, or local law; the Medicare Savings Program, and for (3) alters any land use regulation, approved (3) ACTION FOLLOWING DISAPPROVAL.—If the other purposes; to the Committee on land use plan, or other regulatory authority Secretary disapproves the management plan Finance. under paragraph (1), the Secretary shall— of any Federal, State, or local agency; (4) conveys any land use or other regu- Mr. BINGAMAN. Mr. President, I rise (A) advise the management entity in writ- today with Senators KERRY, SALAZAR ing of the reasons for the disapproval; latory authority to the management entity; and STABENOW to introduce the Medi- (B) make recommendations for revisions to (5) authorizes or implies the reservation or the management plan; and appropriation of water or water rights; care Savings Program Improvement (C) not later than 180 days after the receipt (6) diminishes the authority of the State to Act of 2007. This legislation would of any proposed revision of the management manage fish and wildlife, including the regu- make critical improvements to the plan from the management entity, approve lation of fishing and hunting within the Her- Medicare Savings Programs, which pro- or disapprove the proposed revision. itage Area; or (7) creates any liability, or affects any li- vide important cost-assistance for low- (4) AMENDMENTS.— ability under any other law, of any private income Medicare beneficiaries through (A) IN GENERAL.—The Secretary shall ap- property owner with respect to any person the Medicaid program and include the prove or disapprove each amendment to the Qualified Medicare Beneficiary, QMB, management plan that the Secretary deter- injured on the private property. mines would make a substantial change to SEC. 8. EVALUATION; REPORT. Specified Low-income Medicare Bene- the management plan. (a) IN GENERAL.—Not later than 3 years be- ficiary, SLMB, and Qualified Individ- (B) USE OF FUNDS.—The management enti- fore the date on which authority for Federal uals–1, QI–1, programs. ty shall not use Federal funds authorized by funding terminates for the Heritage Area One of the most significant improve- this Act to carry out any amendments to the under section 10, the Secretary shall— ments within this legislation is to management plan until the Secretary has (1) conduct an evaluation of the accom- make permanent the QI–1 program, approved the amendments. plishments of the Heritage Area; and which expires at the end of this month. SEC. 6. RELATIONSHIP TO OTHER FEDERAL (2) prepare a report in accordance with sub- This program provides vital assistance AGENCIES. section (c). to low-income Medicare beneficiaries (a) IN GENERAL.—Nothing in this Act af- (b) EVALUATION.—An evaluation conducted in paying for Medicare Part B pre- fects the authority of a Federal agency to under subsection (a)(1) shall— provide technical or financial assistance (1) assess the progress of the management miums. It was established as part of under any other law. entity with respect to— the Balanced Budget Act of 1997 and (b) TECHNICAL AND FINANCIAL ASSIST- (A) accomplishing the purposes of this Act was authorized for 5 years. Unfortu- ANCE.— for the Heritage Area; and nately, every few years we in Congress

VerDate Aug 31 2005 02:20 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\A26SE6.057 S26SEPT1 hmoore on PRODPC68 with HMSENATE September 26, 2007 CONGRESSIONAL RECORD — SENATE S12149 must act to reauthorize this program, To briefly describe the most critical beneficiaries will receive the health providing unnecessary uncertainty for aspects of the legislation, Section 2 of care for which they are eligible. beneficiaries and State Medicaid pro- the bill provides for one unified name I urge the Congress to pass a tem- grams. for the Federal programs that offer porary extension of the QI–1 program Congress should not participate in cost sharing and benefit assistance for early next week, but then to imme- this annual last minute scramble to low income Medicare beneficiaries. diately begin work to permanently au- try and extend the program for a few Rather than separately referring to the thorize the QI–1 program and to sim- months or a year. It is a disservice to QMB, SLMB, and QI–1 programs, the plify and streamline all the Medicare the States, who must watch the Con- bill provides one common name for all Savings Programs. Our Nation’s low- gress closely to constantly prepare to of these programs, the ‘‘Medicare Sav- income Medicare beneficiaries and the send out disenrollment notices and lay ings Programs.’’ Aligning these pro- States deserve nothing less. off staff, even though they are rel- grams under one title helps to estab- Mr. President, I ask unanimous con- atively certain the program will be ex- lish greater uniformity in income and sent that the text of the bill be printed tended. But, more importantly, it is a resource limits, simplifies the applica- in the RECORD. disservice to the 185,000 beneficiaries tion process, makes more people eligi- There being no objection, the text of that need this important assistance, as ble for subsidies and increases the en- the bill was ordered to be printed in many of those enrolled worry this ben- rollment in programs. the RECORD, as follows: efit will be taken away and many of Low enrollment in these assistance S. 2101 those never enrolled are not told of the programs is in large part due to the Be it enacted by the Senate and House of Rep- benefit since States and advocates are lack of knowledge and understanding resentatives of the United States of America in spending their time trying to get the of the programs or benefits offered. For Congress assembled, program extended rather than con- example, 79 percent of non-enrolled eli- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ducting outreach. gible people have ever heard of the (a) SHORT TITLE.—This Act may be cited as While I remain very hopeful that the Medicare Savings Programs and two the ‘‘Medicare Savings Program Improve- Congress will pass an extension of the thirds of enrollees need assistance in ment Act of 2007’’. QI–1 program for an additional period (b) TABLE OF CONTENTS.—The table of con- completing the lengthy application in the coming week, I am introducing tents of this Act is as follows: form. This simple change has been the Medicare Savings Program Im- Sec. 1. Short title; table of contents. pilot tested with Medicare beneficiary provement Act of 2007 today in the Sec. 2. References to Medicare Savings Pro- groups and found to elicit a positive re- hope that Congress will end this proc- gram. sponse and interest from Medicare ess of temporary extensions and perma- Sec. 3. Increase in income levels for eligi- beneficiaries. bility. nently authorize the program, as pro- Section 3 of the legislation would Sec. 4. Elimination of application of estate vided for in this legislation. make permanent the QI–1 category by recovery for Medicare Savings Furthermore, the bill proposes sev- incorporating these individuals into Program beneficiaries. eral improvements to the Medicare Sec. 5. Modification of asset test. the SLMB category at 100 percent Fed- Savings Programs and application Sec. 6. Eligibility for other programs. processes that will make these low-in- eral medical percentage, FMAP, Sec. 7. Effective date of MSP benefits. come benefits both more efficient to matching rate. In addition to simpli- Sec. 8. Expediting eligibility under the Medicare Savings Program. administer and more accessible to the fying and making permanent the program, such a change would ensure Sec. 9. Treatment of qualified medicare individuals who need them. It would beneficiaries, specified low-in- also seek to simplify the process of ap- funding for QI–1 cost-sharing. Section 5 eliminates the limit on as- come medicare beneficiaries, plying for Medicare Savings Programs and other dual eligibles as sets, which is set at $4,000 for an indi- and make the Programs more under- Medicare beneficiaries. vidual and $6,000 for a couple and dis- standable to low-income senior citizens Sec. 10. Medicaid treatment of certain medi- and people with disabilities, as well as qualifies millions of Medicare bene- care providers. State and Federal Government offi- ficiaries with very low incomes from Sec. 11. Monitoring and enforcement of limi- qualifying for assistance. Many poten- tation on beneficiary liability. cials. Sec. 12. State provision of medical assist- Rates of enrollment in the Medicare tial beneficiaries do not apply for benefits because they incorrectly assume ance to dual eligibles in MA Savings Programs are well below those plans. that they have too many assets to of other means-tested benefit pro- SEC. 2. REFERENCES TO MEDICARE SAVINGS grams. The Congressional Budget Of- qualify or fear losing their estate. PROGRAM. fice estimates that only 33 percent of Some States have waived or disallowed The low-income assistance programs for eligible people are participating in the the counting of some assets for the Medicare beneficiaries under the Medicaid QMB program, and that the participa- purposes of eligibility determination program under title XIX of the Social Secu- tion rate in the SLMB program is only and have seen much higher enrollment rity Act now popularly referred to the rates. The requirements to document ‘‘QMB’’ and ‘‘SLMB’’ programs are to be 13 percent—these figures exclude peo- known as the ‘‘Medicare Savings Program’’. ple who are eligible for full Medicaid one’s assets also makes the application process burdensome and deters poten- SEC. 3. INCREASE IN INCOME LEVELS FOR ELIGI- benefits. In comparison, participation BILITY. tial enrollees who might pass the asset rates are estimated to be 75 percent in (a) INCREASE TO 135 PERCENT OF FPL FOR the earned income tax credit, 66 per- test. QUALIFIED MEDICARE BENEFICIARIES.— cent to 73 percent for Supplemental Se- Finally, section 8 eliminates some of (1) IN GENERAL.—Section 1905(p)(2) of the curity Income, and 66 percent to 70 per- the critical barriers to enrollment. As I Social Security Act (42 U.S.C. 1396d(p)(2)) is cent for Medicaid. noted earlier, rates of enrollment in amended— In New Mexico, over 1,500 low-income the Medicare Savings Programs are (A) in subparagraph (A), by striking ‘‘100 Medicare beneficiaries receive the QI–1 well below those of other means-tested. percent’’ and inserting ‘‘135 percent’’; benefit, which saves them almost $1,000 benefit programs. This section provides (B) in subparagraph (B)— for several important enrollment sim- (i) by striking ‘‘and’’ at the end of clause in Medicare Part B premium out-of- (ii); pocket costs annually. Unfortunately, plification procedures, such as allowing (ii) by striking the period at the end of according to estimates made by the self-certification of income and contin- clause (iii) and inserting ‘‘, and’’; and Medicare Rights Center using Census uous eligibility, and expanded outreach (iii) by adding at the end the following: Bureau data, over 11,000 are likely to efforts. For instance, instead of requir- ‘‘(iv) January 1, 2008, is 135 percent.’’; and be eligible. Many are completely un- ing people to apply for benefits at the (C) in subparagraph (C)— aware of the assistance this program state Medicaid office, the Social Secu- (i) by striking ‘‘and’’ at the end of clause offers. This is usually because many el- rity Administration took applications (iii); and forwarded them to Medicaid offices (ii) by striking the period at the end of igible individuals are difficult to reach clause (iv) and inserting ‘‘, and’’; and or communicate with because they are for processing and increased enroll- (iii) by adding at the end the following: isolated, cannot read or speak English, ment by 10 percent. Perhaps with more ‘‘(v) January 1, 2008, is 135 percent.’’. have difficulty seeing or hearing, or outreach efforts provided within this (2) APPLICATION OF INCOME TEST BASED ON lack transportation. bill, even more low-income Medicare FAMILY SIZE.—Section 1905(p)(2)(A) of such

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Act (42 U.S.C. 1396d(p)(2)(A)) is amended by (b) EFFECTIVE DATE.—The amendment meet the additional requirements imposed adding at the end the following: ‘‘For pur- made by subsection (a) shall apply to actions by the amendments made by this section, poses of this subparagraph, family size commencing on or after January 1, 2008. the State plan shall not be regarded as fail- means the applicant, the spouse (if any) of SEC. 5. MODIFICATION OF ASSET TEST. ing to comply with the requirements of such the applicant if living in the same household (a) FOR QMBS.—Section 1905(p) of the So- title solely on the basis of its failure to meet as the applicant, and the number of individ- cial Security Act (42 U.S.C. 1396d(p)) is these additional requirements before the uals who are related to the applicant (or ap- amended— first day of the first calendar quarter begin- plicants), who are living in the same house- (1) in paragraph (1), by amending subpara- ning after the close of the first regular ses- hold as the applicant (or applicants), and graph (C) to read as follows: sion of the State legislature that begins who are dependent on the applicant (or the ‘‘(C) whose resources (as determined under after the date of the enactment of this Act. applicant’s spouse) for at least one-half of section 1613 for purposes of the supplemental For purposes of the previous sentence, in the their financial support.’’. income security program, except as provided case of a State that has a 2-year legislative (3) NOT COUNTING IN-KIND SUPPORT AND in paragraph (6)(C)) do not exceed the session, each year of such session shall be MAINTENANCE AS INCOME.—Section amount described in paragraph (6)(A).’’; deemed to be a separate regular session of 1905(p)(2)(D) of such Act (42 U.S.C. (2) by redesignating paragraph (6) as para- the State legislature. 1396d(p)(2)(D)) is amended by adding at the graph (7); and SEC. 6. ELIGIBILITY FOR OTHER PROGRAMS. end the following new clause: (3) by inserting after paragraph (5) the fol- ‘‘(iii) In determining income under this lowing: (a) IN GENERAL.—Section 1905(p) of the So- subsection, support and maintenance fur- ‘‘(6)(A) The resource level specified in this cial Security Act (42 U.S.C. 1396d(p)), as nished in kind shall not be counted as in- subparagraph for— amended by section 4(a), is amended— come.’’. ‘‘(i) for 2008 is six times the maximum (1) by redesignating paragraph (7) as para- (b) EXPANSION OF SPECIFIED LOW-INCOME amount of resources that an individual may graph (8); and MEDICARE BENEFICIARY (SLMB) PROGRAM.— have and obtain benefits under the supple- (2) by inserting after paragraph (6) the fol- (1) ELIGIBILITY OF INDIVIDUALS WITH IN- mental security income program under title lowing new paragraph: COMES BELOW 150 PERCENT OF FPL.—Section XVI; or ‘‘(7) Medical assistance for some or all 1902(a)(10)(E) of the Social Security Act (42 ‘‘(ii) for a subsequent year is the resource U.S.C. 1396b(a)(10)(E)) is amended— level specified in this subparagraph for the medicare cost-sharing under this title shall (A) by adding ‘‘and’’ at the end of clause previous year increased by the annual per- not be treated as benefits or otherwise taken (ii); centage increase in the consumer price index into account in determining an individual’s (B) in clause (iii)— (all items; U.S. city average) as of Sep- eligibility for, or the amount of benefits (i) by striking ‘‘and 120 percent in 1995 and tember of such previous year. under, any other Federal program.’’. years thereafter’’ and inserting ‘‘, or 120 per- Any dollar amount established under clause (b) EFFECTIVE DATE.—The amendments cent in 1995 and any succeeding year before (ii) that is not a multiple of $10 shall be made by subsection (a) shall apply to eligi- 2008, or 150 percent beginning in 2008’’; and rounded to the nearest multiple of $10. bility for benefits on or after January 1, 2008. (ii) by striking ‘‘and’’ at the end; and ‘‘(B) In determining the resources of an in- (C) by striking clause (iv). dividual (and their eligible spouse, if any) SEC. 7. EFFECTIVE DATE OF MSP BENEFITS. (2) PROVIDING 100 PERCENT FEDERAL FINANC- under section 1613 for purposes of paragraph (a) PROVIDING FOR 3 MONTHS RETROACTIVE ING.—The third sentence of section 1905(b) of (1)(C) (relating to qualified medicare bene- ELIGIBILITY.— such Act (42 U.S.C. 1396d(b)) is amended by ficiaries) or section 1902(a)(10)(E)(iii) (relat- (1) IN GENERAL.—Section 1905(a) of the So- inserting before the period at the end the fol- ing to individuals popularly known as speci- cial Security Act (42 U.S.C. 1396d(a)) is lowing: ‘‘and with respect to medical assist- fied low-income medicare beneficiaries), the amended, in the matter preceding paragraph ance for medicare cost-sharing provided following additional exclusions shall apply— (1), by striking ‘‘described in subsection under section 1902(a)(10)(E)(iii)’’. ‘‘(i) No part of the value of any life insur- (p)(1), if provided after the month’’ and in- (3) REFERENCES.—Section 1905(p)(1) of such ance policy shall be taken into account. serting ‘‘described in subsection (p)(1) or a Act (42 U.S.C. 1396d(p)(1)) is amended by add- ‘‘(ii) No balance in any pension or retire- specified low-income medicare beneficiary ing at and below subparagraph (C) the fol- ment plan or account shall be taken into ac- described in section 1902(a)(10)(E)(iii), if pro- lowing: ‘‘The term ‘specified low-income count.’’. vided in or after the third month before the medicare beneficiary’ means an individual (b) FOR SLMBS.— month in which the individual expresses an described in section 1902(a)(10)(E)(iii).’’. (1) PERMITTING GREATER ASSETS.—Section interest in applying to become such a bene- (c) EFFECTIVE DATE.— 1902(a)(10)(E)(iii) of such Act (42 U.S.C. ficiary, as determined in the manner pro- (1) Except as provided in paragraph (2), the 1396b(a)(10)(E)(iii)) is amended by inserting vided for assistance under section 1860D–14’’. amendments made by this section shall take before the semicolon the following: ‘‘or but (2) CONFORMING AMENDMENTS.—(A) The effect on January 1, 2008, and, with respect to for the fact that their resources exceed the first sentence of section 1902(e)(8) of such Act title XIX of the Social Security Act, shall resource level specified in section (42 U.S.C. 1396a(e)(8)), as amended by section apply to calendar quarters beginning on or 1905(p)(6)(A) but does not exceed the resource 4(c)(2), is amended by striking ‘‘(8)’’ and the after January 1, 2008. level specified in section 1905(p)(6)(B)’’. first sentence. (2) In the case of a State plan for medical (2) HIGHER RESOURCE LEVEL SPECIFIED.— (B) Section 1848(g)(3) of such Act (42 U.S.C. assistance under title XIX of the Social Se- Section 1905(p)(6) of such Act, as inserted by 1395w–4(g)(3)) is amended by adding at the curity Act which the Secretary of Health subsection (a)(3), is amended by inserting end the following new subparagraph: and Human Services determines requires after subparagraph (A) the following new ‘‘(C) TREATMENT OF RETROACTIVE ELIGI- State legislation (other than legislation ap- subparagraph: BILITY.—In the case of an individual who is propriating funds) in order for the plan to ‘‘(B) The resource level specified in this determined to be eligible for medical assist- meet the additional requirements imposed subparagraph for— ance described in subparagraph (A) retro- by the amendments made by this section, ‘‘(i) for 2008, is $27,500 (or $55,000 in the case actively, the Secretary shall provide a proc- the State plan shall not be regarded as fail- of the combined value of the individual’s as- ess whereby claims which are submitted for ing to comply with the requirements of such sets or resources and the assets or resources services furnished during the period of retro- title solely on the basis of its failure to meet of the individual’s spouse); and active eligibility and during a month in these additional requirements before the ‘‘(ii) for a subsequent year is the applicable which the individual otherwise would have first day of the first calendar quarter begin- resource level specified in this subparagraph been eligible for such assistance and which ning after the close of the first regular ses- for the previous year increased by the annual were not submitted in accordance with such sion of the State legislature that begins percentage increase in the consumer price subparagraph are resubmitted and re-proc- after the date of the enactment of this Act. index (all items; U.S. city average) as of Sep- essed in accordance with such subpara- For purposes of the previous sentence, in the tember of such previous year. graph.’’. case of a State that has a 2-year legislative Any dollar amount established under clause session, each year of such session shall be (ii) that is not a multiple of $10 shall be (b) EFFECTIVE DATE.—The amendments deemed to be a separate regular session of rounded to the nearest multiple of $10.’’. made by this section shall take effect on the State legislature. (c) EFFECTIVE DATE.— January 1, 2008, but shall not result in eligi- SEC. 4. ELIMINATION OF APPLICATION OF ES- (1) Except as provided in paragraph (2), the bility for benefits for medicare cost-sharing TATE RECOVERY FOR MEDICARE amendments made by this section shall for months before January 2008. SAVINGS PROGRAM BENEFICIARIES. apply to calendar quarters beginning on or SEC. 8. EXPEDITING ELIGIBILITY UNDER THE (a) IN GENERAL.—Section 1917(b)(1)(B)(ii) of after January 1, 2008. MEDICARE SAVINGS PROGRAM. the Social Security Act (42 U.S.C. (2) In the case of a State plan for medical 1396p(b)(1)(B)(ii)) is amended by inserting assistance under title XIX of the Social Se- (a) INCREASING ELIGIBILITY THROUGH THE ‘‘(but not including medical assistance for curity Act which the Secretary of Health SOCIAL SECURITY OFFICE.— medicare cost-sharing or for benefits de- and Human Services determines requires (1) IN GENERAL.—Title XVIII of the Social scribed in section 1902(a)(10)(E))’’ before the State legislation (other than legislation ap- Security Act is amended by inserting after period at the end. propriating funds) in order for the plan to section 1808 the following new section:

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‘‘EXPEDITED ENROLLMENT UNDER THE MEDI- ple with disabilities. The Commissioner of under this section, the individual is likely CARE SAVINGS PROGRAM THROUGH SOCIAL SE- Social Security shall make such forms avail- eligible for benefits under the Medicare Sav- CURITY OFFICES able at local offices of the Social Security ings Program. ‘‘SEC. 1809. (a) IN GENERAL.—The Secretary Administration. ‘‘(B) AMOUNT OF ASSISTANCE.—A descrip- shall provide, in cooperation with the Com- ‘‘(d) STATE RESPONSE AND APPLICATION tion of the amount of assistance under such missioner of Social Security, for an expe- PROCESS.— program for which the individual would like- dited process under this section for individ- ‘‘(1) IN GENERAL.—In the case of an applica- ly be eligible based on such information. uals to apply and qualify for benefits under tion transmitted under subsection (b)(6), the ‘‘(C) ATTESTATION.—A one-page application the Medicare Savings Program. For purposes State agency responsible for determinations form that provides for a signed attestation, of eligibility for benefits under the State’s of this section, the term ‘Medicare Savings under penalty of law, as to the amount of in- Medicare Savings Program— Program’ means medical assistance for come and assets of the individual and con- ‘‘(A) shall make a determination on the ap- medicare cost-sharing (as defined in section stitutes an application for the benefits under plication within 30 days of the date of its re- 1905(p)(3)) for qualified medicare bene- the Medicare Savings Program. Such form— ceipt; and ficiaries and specified low-income medicare ‘‘(i) shall not require the submittal of addi- ‘‘(B) shall notify the applicant of the deter- beneficiaries under title XIX. tional documentation regarding income or mination within 10 days after it is made. ‘‘(b) PROCESS.—The process shall be con- assets; and ‘‘(2) USE OF SIMPLIFIED APPLICATION PROC- sistent with the following: ‘‘(ii) shall allow for the specification of a ESS.—In the case of an application other ‘‘(1) COORDINATION WITH SOCIAL SECURITY language (other than English) that is pre- than an application transmitted under sub- AND MEDICARE ENROLLMENT PROCESS.—The ferred by the individual for subsequent com- section (b)(6), a State plan under title XIX application shall be part of the process for munications with respect to the individual shall provide that an application for benefits applying for benefits under title II and this under this title and title XIX. under the Medicare Savings Program may be title. ‘‘(D) INFORMATION ON OUTREACH GROUPS.— made over the Internet, by telephone, or by ‘‘(2) SIMPLIFIED APPLICATION PROCESS.—The Information on how the individual may con- mail, without the need for an interview in application may be made over the Internet, tact the a State outreach effort or other person by the applicant or a representative groups that receive grants from the Sec- by telephone, or by mail, without the need of the applicant. retary to conduct outreach to individuals to for an interview in person by the applicant ‘‘(e) EXPEDITED APPLICATION AND ELIGI- receive benefits under the Medicare Savings or a representative of the applicant. BILITY PROCESS.— Program. ‘‘(3) CONTENTS OF APPLICATION.—The appli- ‘‘(1) EXPEDITED PROCESS.— ‘‘(3) FOLLOW-UP COMMUNICATIONS.—If the cation shall contain a description (in ‘‘(A) IN GENERAL.—As part of the expedited English, Spanish and other languages deter- process for obtaining benefits under the individual does not respond to the letter de- mined appropriate by the Secretary) of the Medicare Savings Program, the Secretary scribed in paragraph (2) by completing an at- availability of and the requirements for ob- shall through a request to the Secretary of testation described in paragraph (2)(C) or de- taining benefits under the Medicare Savings the Treasury to obtain information suffi- clining to do so, the Secretary shall make Program. cient to identify whether the individual in- additional attempts to contact the indi- ‘‘(4) TRAINING.—Employees of the Social volved is likely eligible for such benefits vidual to obtain such an affirmative re- Security office involved shall be trained to based on such information and the type of sponse. assist individuals completing such applica- assistance under the Medicare Savings Pro- ‘‘(4) HOLD-HARMLESS.—Under such process, tions. gram for which they would qualify based on if an individual in good faith and in the ab- ‘‘(5) SELF-CERTIFICATION AND such information. Such process shall be con- sence of fraud executes an attestation de- VERIFICATION.—In determining whether an ducted in cooperation with the Commis- scribed in paragraph (2)(C) and is provided individual is eligible for benefits under the sioner of Social Security. benefits under the Medicare Savings Pro- Medicare Savings Program, the Secretary ‘‘(B) OPT IN FOR NEWLY ELIGIBLE INDIVID- gram on the basis of such attestation, if the shall permit individuals to qualify on the UALS.—Not later than 60 days after the date individual is subsequently found not eligible basis of self certifications of income and re- of the enactment of this subsection, the Sec- for such benefits, there shall be no recovery sources meeting applicable standards with- retary shall ensure that, as part of the Medi- made against the individual because of such out the need to provide additional docu- care enrollment process, enrolling individ- benefits improperly paid. mentation. The Secretary shall verify that uals— ‘‘(5) USE OF PREFERRED LANGUAGE IN SUBSE- information provided in the application is ‘‘(i) receive information describing the QUENT COMMUNICATIONS.—In the case an at- correct. Medicare Savings Program provided under testation described in paragraph (2)(C) is ‘‘(6) TRANSMITTAL OF APPLICATION.— this section; and completed and in which a language other ‘‘(A) ELIGIBLE APPLICANTS.—In the case of ‘‘(ii) are provided the opportunity to opt-in than English is specified under clause (ii) of an applicant determined by the Social Secu- to the expedited process described in this such paragraph, the Secretary shall provide rity office to be eligible for benefits under subsection by requesting that the Commis- that subsequent communications to the indi- the Medicare Savings Program based on in- sioner of Social Security screen the individual under this subsection shall be in such come and resources meeting the standards vidual involved for eligibility for the Medi- language. otherwise applicable, the office shall trans- care Savings Program through a request to ‘‘(6) CONSTRUCTION.—Nothing in this submit to the applicable State Medicaid office the Secretary of the Treasury under section section shall be construed as precluding the the application so that the applicant can be 6103(l)(21) of the Internal Revenue Code of Secretary from taking additional outreach enrolled within 30 days based on the informa- 1986. efforts to enroll eligible individuals under tion collected by the office. ‘‘(C) TRANSITION FOR CURRENTLY ELIGIBLE the Medicare Savings Program. ‘‘(B) USE OF ELECTRONIC TRANSFER SYS- INDIVIDUALS.—In the case of any Medicare ‘‘(f) ELECTRONIC COMMUNICATION BETWEEN TEM.—Not later than two years after the Savings Program eligible individual to which SOCIAL SECURITY AND STATE MEDICAID AGEN- date of implementation of improvements of subparagraph (B) did not apply at the time of CIES AND THE SECRETARY.— the electronic data transfer system under such individual’s enrollment, the Secretary ‘‘(1) NOTICE BY SOCIAL SECURITY TO SEC- section 8(c) of the Medicare Savings Program shall, not later than 60 days after the date of RETARY AND STATE MEDICAID AGENCIES.—In Improvement Act of 2007, the process under the implementation of subparagraph (B), re- the case of a determination of eligibility of this paragraph shall use the such system for quest that the Commissioner of Social Secu- an individual under section 1860D– information transmittal. rity screen such individual for eligibility for 14(a)(3)(B)(i) by the Commissioner of Social ‘‘(C) INELIGIBLE APPLICANTS.—In the case of the Medicare Savings Program provided Security, the Commissioner shall provide for other applicants whose income and resources under this section through a request to the notice, preferably in electronic form, to the do not meet such standards, the Social Secu- Secretary of the Treasury under section Secretary and to State medicaid agency rity office shall transmit to the applicable 6103(l)(21) of the Internal Revenue Code of under title XIX of such determination for State Medicaid office the application so that 1986. purposes of enabling the individual to auto- the application may be considered under ‘‘(2) NOTIFICATION OF POTENTIALLY ELIGIBLE matically qualify for benefits under the State standards that may be more generous INDIVIDUALS.—Under such process, in the Medicare Savings Program under such title than the standards otherwise generally ap- case of each individual identified under para- through the operation of section 1905(p)(8). plicable. graph (1) who has not otherwise applied for, ‘‘(2) NOTICE BY STATES TO SECRETARY.—In The process under this subsection shall be or been determined eligible for, benefits the case that the State determines that an established and implemented one year after under the Medicare Savings Program (or who individual is a qualified medicare beneficiary the date of the enactment of this section. has applied for and been determined ineli- or a specified low-income medicare bene- ‘‘(c) DISTRIBUTION OF APPLICATION FORM.— gible for such benefits based only on stand- ficiary under title XIX, the State shall pro- The Secretary shall distribute the applica- ards in effect before January 1, 2008), the vide for notice, preferably in electronic form, tion form used under subsection (b) to any Secretary shall send them a letter (using to the Secretary of such determination for organization that requests them, including basic, uncomplicated language) containing purposes of enabling the individual to auto- entities receiving grants from the Secretary the following: matically qualify for low-income subsidies for programs designed to provide services to ‘‘(A) ELIGIBILITY.—A statement that, based under section 1860D–14 through the operation individuals 65 years of age or older and peo- on the information obtained under process of section 1905(a)(3)(G).

VerDate Aug 31 2005 02:20 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\A26SE6.063 S26SEPT1 hmoore on PRODPC68 with HMSENATE S12152 CONGRESSIONAL RECORD — SENATE September 26, 2007

‘‘(3) DEADLINE.—Each State (as defined for ‘‘(ii) the Medicare Savings Program imple- (2) INCREASED ADMINISTRATIVE MATCH.—In purposes of title XIX) and the Secretary mented under clauses (i) and (ii) of section order to implement paragraph (1)— shall establish the notification process de- 1902(a)(10)(E) of such Act.’’. (A) the Medicaid administrative match scribed in this subsection not later than 1 (B) CONFIDENTIALITY.—Paragraph (3) of sec- under section 1903(a)(7) of the Social Secu- year after the date of the enactment of this tion 6103(a) of such Code is amended by strik- rity Act shall be increased to 75 percent with section.’’. ing ‘‘or (20)’’ and inserting ‘‘(20), or (21)’’. respect to expenditures made in carrying out (2) DISCLOSURE OF RETURN INFORMATION FOR (C) PROCEDURES AND RECORD KEEPING RE- such paragraph; and PURPOSES OF SCREENING INDIVIDUALS FOR ELI- LATED TO DISCLOSURES.—Paragraph (4) of sec- (B) there is appropriated to the Commis- GIBILITY FOR BENEFITS UNDER THE MEDICARE tion 6103(p) of such Code is amended by strik- sioner of Social Security and the Secretary SAVINGS PROGRAM.— ing ‘‘or (20)’’ each place it appears and in- of Health and Human Services, from any (A) IN GENERAL.—Subsection (l) of section serting ‘‘(20), or (21)’’. amounts in the Treasury not otherwise ap- 6103 of the Internal Revenue Code of 1986 is (D) UNAUTHORIZED DISCLOSURE OR INSPEC- propriated, $2,000,000 each for each of fiscal amended by adding at the end the following TION.—Paragraph (2) of section 7213(a) of years 2008 and 2009 to implement paragraph new paragraph: such Code is amended by striking ‘‘or (20)’’ (1). ‘‘(21) DISCLOSURE OF RETURN INFORMATION and inserting ‘‘(20), or (21)’’. (3) USE OF SYSTEM.—After the implementa- FOR PURPOSES OF PROVIDING BENEFITS UNDER (b) TWO-WAY DEEMING BETWEEN MEDICARE tion of the improvements to the electronic THE MEDICARE SAVINGS PROGRAM.— SAVINGS PROGRAM AND LOW-INCOME SUBSIDY data transfer system under paragraph (1), ‘‘(A) RETURN INFORMATION FROM INTERNAL PROGRAM.— the Commissioner of Social Security, State REVENUE SERVICE TO SOCIAL SECURITY ADMIN- (1) MEDICARE SAVINGS PROGRAM.—Section Medicaid agencies, and the Secretary of ISTRATION.—The Secretary, upon written re- 1905(p) of the Social Security Act (42 U.S.C. Health and Human Services shall primarily quest from the Commissioner of Social Secu- 1396d(p)), as amended by sections 4(a) and use this system for the Commissioner and rity under section 1809(e)(1)(A) of the Social 5(a), is amended— the Secretary to inform the State Medicaid Security Act, shall disclose to the Commis- (A) by redesignating paragraph (8) as para- agencies to enroll a beneficiary for the Medi- sioner with respect to any taxpayer identi- graph (9); and care Savings Program. fied by the Commissioner— (B) by inserting after paragraph (7) the fol- (d) IMPROVED COORDINATION WITH STATE, ‘‘(i)(I) whether the adjusted gross income, lowing new paragraph: LOCAL, AND OTHER PARTNERS.— as modified in accordance with specifications ‘‘(8) An individual who has been deter- (1) STATE GRANTS.— of the Secretary of Health and Human Serv- mined eligible for premium and cost-sharing (A) IN GENERAL.—The Secretary of Health ices for purposes of carrying out such sec- subsidies under— and Human Services shall enter into con- tion, of such taxpayer and, if applicable, ‘‘(A) section 1860D–14(a)(1) is deemed, for tracts with States (as defined for purposes of such taxpayer’s spouse, for the applicable title XIX of the Social Security Act (42 year, exceeds the amounts specified by the purposes of this title and without the need to Secretary of Health and Human Services in file any additional application, to be a quali- U.S.C. 1396 et seq.) to provide funds to States order to apply the 135 and 150 percent pov- fied medicare beneficiary for purposes of this to use information identified under sub- erty lines under section 1905(p) and section title; or section (c), and other appropriate informa- 1902(a)(10)(E)(ii) of such Act; ‘‘(B) section 1860D–14(a)(2) is deemed, for tion, in order to do ex parte determinations ‘‘(II) the adjusted gross income (as deter- purposes of this title and without the need to or utilize other methods for identifying and mined under subclause (I)), in the case of a file any additional application, to qualify for enrolling individuals who are potentially— taxpayer with respect to which such adjusted medical assistance as a specified low-income (i) eligible for benefits under the Medicare gross income exceeds the amount so speci- medicare beneficiary (described in section Savings Program (under sections 1905(p) of fied for applying the 135 percent poverty line 1902(a)(10)(E)(iii)).’’. the Social Security Act, 42 U.S.C. 1396d(p)); and does not exceed the amount so specified (2) LOW-INCOME SUBSIDY PROGRAM.—Section or for applying the 150 percent poverty line; 1860D–14(a)(3) of such Act (42 U.S.C. 1395w– (ii) entitled to a premium or cost-sharing ‘‘(III) whether the return was a joint re- 104(a)(3)) is amended by adding at the end the subsidy under section 1860D–14 of such Act turn for the applicable year; and following new subparagraph: (42 U.S.C. 1395w–114). ‘‘(IV) the applicable year; or ‘‘(G) DEEMED TREATMENT FOR QUALIFIED (B) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(ii) if applicable, the fact that there is no MEDICARE BENEFICIARIES AND SPECIFIED LOW- There are authorized to be appropriated such return filed for such taxpayer for the appli- INCOME MEDICARE BENEFICIARIES.— sums as may be necessary to the Secretary cable year. ‘‘(i) QMBS ELIGIBLE FOR FULL SUBSIDY.—A of Health and Human Services for the pur- ‘‘(B) DEFINITION OF APPLICABLE YEAR.—For part D eligible individual who has been de- pose of making contracts under this para- the purposes of this paragraph, the term ‘ap- termined for purposes of title XIX to be a graph. plicable year’ means the most recent taxable qualified medicare beneficiary is deemed, for (2) FUNDING OF STATE HEALTH INSURANCE year for which information is available in purposes of this part and without the need to COUNSELING AND SIMILAR PROGRAMS.— the Internal Revenue Service’s taxpayer data file any additional application, to be a sub- (A) AUTHORIZATION OF APPROPRIATIONS.—In information systems, or, if there is no return sidy eligible individual described in para- addition to any other funds authorized to be filed for such taxpayer for such year, the graph (1). appropriated, there are authorized to be ap- prior taxable year. ‘‘(ii) SLMBS ELIGIBLE FOR PARTIAL SUB- propriated $3,000,000 for each of calendar ‘‘(C) RESTRICTION ON INDIVIDUALS FOR WHOM SIDY.—A part D eligible individual who has years 2008 through 2012 to carry out activi- DISCLOSURE IS REQUESTED.—The Commis- been determined to be a specified low-income ties described in subparagraph (B). sioner of Social Security shall only request medicare beneficiary (as defined in section (B) ACTIVITIES DESCRIBED.—The activities information under this paragraph with re- 1905(p)(1)) and who is not described in para- described in this subparagraph are the fol- spect to individuals who have requested that graph (1) is deemed, for purposes of this part lowing: such request be made under section 1809(e) of and without the need to file any additional (i) Activities under section 4360 of the Om- the Social Security Act. application, to be a subsidy eligible indi- nibus Budget Reconciliation Act of 1990 for ‘‘(D) RETURN INFORMATION FROM SOCIAL SE- vidual who is not described in paragraph the purpose of outreach to low-income Medi- CURITY ADMINISTRATION TO DEPARTMENT OF (1).’’. care beneficiaries to assist in applying for HEALTH AND HUMAN SERVICES.—The Commis- (3) EFFECTIVE DATE.—The amendments and obtaining benefits under the Medicare sioner of Social Security shall, upon written made by this subsection shall apply to eligi- Savings Program (under title XIX of the So- request from the Secretary of Health and bility for months beginning on or after Janu- cial Security Act) and the low-income sub- Human Services, disclose to the Secretary of ary 2008. sidy program under section 1860D–14 of such Health and Human Services the information (c) IMPROVEMENTS IN ELECTRONIC COMMU- Act. described in clauses (i) and (ii) of subpara- NICATION BETWEEN SOCIAL SECURITY, STATE (ii) Activities of the National Center on graph (A). MEDICAID AGENCIES, AND THE SECRETARY OF Senior Benefits Outreach and Enrollment (as ‘‘(E) PERMISSIVE DISCLOSURE TO OFFICERS, HEALTH AND HUMAN SERVICES.— described in section 202(a)(20)(B) of the Older EMPLOYEES, AND CONTRACTORS.—The informa- (1) IN GENERAL.—Not later than two years Americans Act of 1965 (42 U.S.C. tion described in clauses (i) and (ii) of sub- after the date of the enactment of this Act, 3012(a)(20)(B)). paragraph (A) may be disclosed among offi- the Commissioner of Social Security, the (iii) Similar activities carried out by other cers, employees, and contractors of the So- Secretary of Health and Human Services, qualified agencies designated by the Sec- cial Security Administration and the De- and the directors of State Medicaid agencies retary of Health and Human Services. partment of Health and Human Services for shall implement improvements to the elec- SEC. 9. TREATMENT OF QUALIFIED MEDICARE the purposes described in subparagraph (F). tronic data transfer system by which they BENEFICIARIES, SPECIFIED LOW-IN- ‘‘(F) RESTRICTION ON USE OF DISCLOSED IN- communicate directly and electronically COME MEDICARE BENEFICIARIES, FORMATION.—Return information disclosed with each other with respect to individuals AND OTHER DUAL ELIGIBLES AS under this paragraph may be used only for who have enrolled for benefits under any MEDICARE BENEFICIARIES. the purposes of identifying eligible individ- part of the Medicare Savings Program in (a) IN GENERAL.—Section 1862 of the Social uals for, and administering— order to ensure that each of them has ex- Security Act (42 U.S.C. 1395y) is amended by ‘‘(i) low-income subsidies under section actly the same list of beneficiaries who are adding at the end the following new sub- 1860D–14 of the Social Security Act; and signed up for the Medicare Savings Program. section:

VerDate Aug 31 2005 02:20 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\A26SE6.063 S26SEPT1 hmoore on PRODPC68 with HMSENATE September 26, 2007 CONGRESSIONAL RECORD — SENATE S12153 ‘‘(n) TREATMENT OF QUALIFIED MEDICARE shall examine, not later than one year after given time, ‘‘all of whom are unable to BENEFICIARIES (QMBS), SPECIFIED LOW-IN- the date of the enactment of this paragraph work because of their disability and COME MEDICARE BENEFICIARIES (SLMBS), AND and every three years thereafter, whether most of whom have serious health OTHER DUAL ELIGIBLES.—Nothing in this States are providing for medical assistance problems, low incomes, and limited ac- title shall be construed as authorizing a pro- for medicare cost-sharing for individuals en- vider of services or supplier to discriminate rolled in Medicare Advantage plans in access to health insurance.’’ Nearly 39 (through a private contractual arrangement cordance with this title. The Inspector Gen- percent of these individuals do not or otherwise) against an individual who is eral shall submit to the Secretary a report have health insurance coverage for otherwise entitled to services under this on such examination and a finding as to some point during the waiting period title on the basis that the individual is a whether States are failing to provide such and 26 percent have no health insur- qualified medicare beneficiary (as defined in medical assistance. ance during this period. section 1905(p)(1)), a specified low-income ‘‘(ii) If a report under clause (i) includes a The stated reason at the time was to medicare beneficiary, or is otherwise eligible finding that States are failing to provide limit the fiscal cost of the provision. for medical assistance for medicare cost- such medical assistance, not later than 60 However, Mr. President, I would assert sharing or other benefits under title XIX.’’. days after the date of receiving such report (b) EFFECTIVE DATE.—The amendment the Secretary shall submit to Congress a re- that there is no reason, be it fiscal or made by subsection (a) shall apply to items port that includes a plan of action on how to moral, to tell people that they must and services furnished on or after the date of enforce such requirement.’’. wait longer than two years after be- the enactment of this Act. (b) EFFECTIVE DATE.— coming severely disabled before we SEC. 10. MEDICAID TREATMENT OF CERTAIN (1) Except as provided in paragraph (2), the give provide them access to much need- MEDICARE PROVIDERS. amendment made by subsection (a) shall ed health care. (a) IN GENERAL.—Section 1902(n) of the So- apply to calendar quarters beginning on or cial Security Act (42 U.S.C. 1396a(n)) is In fact, it is important to note that after the date of the enactment of this Act. there really are actually three waiting amended by adding at the end the following (2) In the case of a State plan for medical new paragraph: assistance under title XIX of the Social Se- periods that are imposed upon people ‘‘(4) A State plan shall not deny a claim curity Act which the Secretary of Health seeking to qualify for SSDI. First, from a provider or supplier with respect to and Human Services determines requires there is the disability determination medicare cost-sharing described in subpara- State legislation (other than legislation ap- process through the Social Security graph (B), (C), or (D) of section 1905(p)(3) for propriating funds) in order for the plan to Administration, which often takes an item or service which is eligible for pay- meet the additional requirements imposed many months or even longer than a ment under title XVIII on the basis that the by the amendment made by subsection (a), provider or supplier does not have a provider year in some cases. Second, once a the State plan shall not be regarded as fail- worker has been certified as having a agreement in effect under this title or does ing to comply with the requirements of such not otherwise serve all individuals entitled title solely on the basis of its failure to meet severe or permanent disability, they to medical assistance under this title.’’. these additional requirements before the must wait an additional five months (b) EFFECTIVE DATE.—The amendment first day of the first calendar quarter begin- before receiving their first SSDI check. made by subsection (a) shall apply to items ning after the close of the first regular ses- And third, after receiving that first and services furnished on or after the date of sion of the State legislature that begins SSDI check, there is the 2-year period the enactment of this Act. after the date of the enactment of this Act. that people must wait before their SEC. 11. MONITORING AND ENFORCEMENT OF For purposes of the previous sentence, in the LIMITATION ON BENEFICIARY LI- Medicare coverage begins. case of a State that has a 2-year legislative What happens to the health and well- ABILITY. session, each year of such session shall be Section 1902(n) of the Social Security Act being of people waiting more than 21⁄2 deemed to be a separate regular session of (42 U.S.C. 1396b(n)), as amended by section the State legislature. years before they finally receive criti- 9(a), is further amended by adding at the end cally needed Medicare coverage? Ac- the following new paragraph: By Mr. BINGAMAN (for himself, cording to Karen Davis, president of ‘‘(5)(A) The Inspector General of the De- the Commonwealth Fund, which has partment of Health and Human Services Mr. OBAMA, Mr. SALAZAR, Mr. shall examine, not later than one year after BROWN, Mr. KERRY, Ms. conducted several important studies on the date of the enactment of this paragraph STABENOW, Ms. CANTWELL, and the issue, ‘‘Individuals in the waiting and every three years thereafter, whether Mrs. CLINTON): period for Medicare suffer from a broad providers have attempted to make qualified S. 2102. A bill to amend title II of the range of debilitating diseases and are medicare beneficiaries liable for deductibles, Social Security Act to phase out the in urgent need of appropriate medical coinsurance, and co-payments in violation of 24-month waiting period for disabled care to manage their conditions. Elimi- paragraph (3)(B). The Inspector General shall individuals to become eligible for Medi- nating the 2-year wait would ensure ac- submit to the Secretary a report on such ex- care benefits, to eliminate the waiting cess to care for those already on the amination and a finding as to whether qualified medicare beneficiaries have been held period for individuals with life-threat- way to Medicare.’’ liable in violation of such paragraph. ening conditions, and for other pur- Again, we are talking about individ- ‘‘(B) If a report under subparagraph (A) in- poses; to the Committee on Finance. uals that have been determined to be cludes a finding that qualified medicare Mr. BINGAMAN. Mr. President, I rise unable to engage in any ‘‘substantial, beneficiaries have been held liable in viola- today to introduce bipartisan legisla- gainful activity’’ because of either a tion of such paragraph, not later than 60 tion entitled ‘‘Ending the Medicare physical or mental impairment that is days after the date of receiving such report Disability Waiting Period Act of 2007 expected to result in death or to con- the Secretary shall submit to Congress a re- with Senators OBAMA, SALAZAR, tinue for at least 12 months. These are port that includes a plan of action on how to BROWN, KERRY, STABENOW, CANTWELL, people that, by definition, are in more enforce provisions of such paragraph.’’. and CLINTON. This legislation would need of health coverage than anybody SEC. 12. STATE PROVISION OF MEDICAL ASSIST- ANCE TO DUAL ELIGIBLES IN MA phase-out the current 2 year waiting else in our society. The consequences PLANS. period that people with disabilities are unacceptable and are, in fact, dire. (a) IN GENERAL.—Section 1902(n) of the So- must endure after qualifying for Social The majority of people who become cial Security Act (42 U.S.C. 1396b(n)), as Security Disability Insurance SSDI. In disabled were, before their disability, amended by section 10, is further amended by the interim or as the waiting period is working full-time jobs and paying into adding at the end the following new para- Medicare like all other employed graph: being phased out, the bill would also ‘‘(6)(A) Each State shall— create a process by which the secretary Americans. At the moment these men ‘‘(i) identify those individuals who are eli- can immediately waive the waiting pe- and women need coverage the most, gible for medical assistance for medicare riod for people with life threatening ill- just when they have lost their health, cost-sharing and who are enrolled with a nesses. their jobs, their income, and their Medicare Advantage plan under part C of When Medicare was expanded in 1972 health insurance, Federal law requires title XVIII; and to include people with significant dis- them to wait two full years to become ‘‘(ii) for the individuals so identified, pro- abilities, lawmakers created the 24- eligible for Medicare. Many of these in- vide for payment of medical assistance for month waiting period. According to a dividuals are needlessly forced to accu- the medicare cost-sharing (including cost- sharing under a Medicare Advantage plan) to April 2007 report from the Common- mulate tens-of-thousands of dollars in which they are entitled. wealth Fund, it is estimated that over healthcare debt or compromise their ‘‘(B)(i) The Inspector General of the De- 1.5 million SSDI beneficiaries are in health due to forgone medical treat- partment of Health and Human Services the Medicare waiting period at any ment. Many individuals are forced to

VerDate Aug 31 2005 03:09 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\A26SE6.063 S26SEPT1 hmoore on PRODPC68 with HMSENATE S12154 CONGRESSIONAL RECORD — SENATE September 26, 2007 sell their homes or go bankrupt. Even that somebody with disabilities must titled to the specified benefits for 24 more tragically, more than 16,000 dis- leave their job and their health pro- months,’’ and inserting ‘‘, including the re- abled beneficiaries annually, about 4 viders associated with that plan, move quirement that the individual has been enti- percent of beneficiaries, do not make it on to Medicaid, often have a different tled to the specified benefits for the waiting period (as defined in subsection (k)),’’; and through the waiting period. They die set of providers, then switch to Medi- (4) in the flush matter following paragraph before their Medicare coverage ever be- care and yet another set of providers. (2)(C)(ii)(II)— gins. The cost, both financial and personal, (A) in the first sentence, by striking ‘‘for Removing the waiting period is well of not providing access to care or poor- each month beginning with the later of (I) worth the expense. According to the ly coordinated care services for these July 1973 or (II) the twenty-fifth month of Commonwealth Fund, analyses have seriously ill people during the waiting his entitlement or status as a qualified rail- shown providing men and women with period may be greater in many cases road retirement beneficiary described in Medicare at the time that Social Secu- than providing health coverage. paragraph (2), and’’ and inserting ‘‘for each month beginning after the waiting period (as rity certifies them as disabled would Finally, private-sector employers and employees in those risk-pools so defined) for which the individual satisfies cost $8.7 billion annually. This cost paragraph (2) and’’; would be partially offset by $4.3 billion would also benefit from the passage of (B) in the second sentence, by striking in reduced Medicaid spending by Med- the bill. As the Commonwealth Fund ‘‘the ‘twenty-fifth month of his entitlement’ icaid, which many individuals require has noted, ‘‘. . . to the extent that dis- refers to the first month after the twenty- during the waiting period. In addition, abled adults rely on coverage through fourth month of entitlement to specified untold expenses borne by the individ- their prior employer or their spouse’s benefits referred to in paragraph (2)(C) and’’; uals involved could be avoided, as well employer, eliminating the waiting pe- and (C) in the third sentence, by striking ‘‘, but as the costs of charity care on which riod would also produce savings to employers who provide this coverage.’’ not in excess of 78 such months’’. many depend. Moreover, there may be (b) SCHEDULE FOR PHASE-OUT OF WAITING additional savings to the Medicare pro- To address concerns about costs and immediate impact on the Medicare pro- PERIOD.—Section 226 of the Social Security gram itself, which often has to bear the Act (42 U.S.C. 426) is amended by adding at expense of addressing the damage done gram, the legislation phases out the the end the following new subsection: during the waiting period. During this waiting period over a 10-year period. In ‘‘(k) For purposes of subsection (b) (and for time, deferred health care can worsen the interim, the legislation would cre- purposes of section 1837(g)(1) of this Act and conditions, creating additional health ate a process by which others with life- section 7(d)(2)(ii) of the Railroad Retirement problems and higher costs. threatening illnesses could also get an Act of 1974), the term ‘waiting period’ Further exacerbating the situation, exception to the waiting period. Con- means— ‘‘(1) for 2008, 18 months; some beneficiaries have had the unfor- gress has previously extended such an exception to the waiting period indi- ‘‘(2) for 2009, 16 months; tunate fate of having received SSI and ‘‘(3) for 2010, 14 months; Medicaid coverage, applied for SSDI, viduals with amyothrophic lateral scle- ‘‘(4) for 2011, 12 months; and then lost their Medicaid coverage rosis, ALS, also known as Lou Gehrig’s ‘‘(5) for 2012, 10 months; because they were not aware the disease, and for hospice services. The ‘‘(6) for 2013, 8 months; change in income when they received ALS exception passed the Congress in ‘‘(7) for 2014, 6 months; SSDI would push them over the finan- December 2000 and went into effect ‘‘(8) for 2015, 4 months; cial limits for Medicaid. In such a case, July 1, 2001. Thus, the legislation would ‘‘(9) for 2016, 2 months; and extend the exception to all people with ‘‘(10) for 2017 and each subsequent year, 0 and let me emphasize this point, the months.’’. government is effectively taking their life-threatening illnesses in the waiting period. (c) CONFORMING AMENDMENTS.— health care coverage away because (1) SUNSET.—Effective January 1, 2017, sub- they are so severely disabled. Mr. President, I ask unanimous con- section (f) of section 226 of the Social Secu- Therefore, for some in the waiting sent that the text of the bill be printed rity Act (42 U.S.C. 426) is repealed. period, their battle is often as much in the RECORD. (2) MEDICARE DESCRIPTION.—Section 1811(2) with the Government as it is with their There being no objection, the text of of such Act (42 U.S.C. 1395c(2)) is amended by medical condition, disease, or dis- the bill was ordered to be printed in striking ‘‘entitled for not less than 24 ability. the RECORD, as follows: months’’ and inserting ‘‘entitled for the waiting period (as defined in section 226(k))’’. Nobody could possible think this S. 2102 Be it enacted by the Senate and House of Rep- (3) MEDICARE COVERAGE.—Section 1837(g)(1) makes any sense. of such Act (42 U.S.C. 1395p(g)(1)) is amended As the Medicare Rights Center has resentatives of the United States of America in Congress assembled, by striking ‘‘of the later of (A) April 1973 or said, ‘‘By forcing Americans with dis- (B) the third month before the 25th month of SECTION 1. SHORT TITLE; TABLE OF CONTENTS. abilities to wait 24 months for Medi- such entitlement’’ and inserting ‘‘of the (a) SHORT TITLE.—This Act may be cited as care coverage, the current law effec- the ‘‘Ending the Medicare Disability Waiting third month before the first month following tively sentences these people to inad- Period Act of 2007’’. the waiting period (as defined in section equate health care, poverty, or death. (b) TABLE OF CONTENTS.—The table of con- 226(k)) applicable under section 226(b)’’. . . . Since disability can strike anyone, tents of this Act is as follows: (4) RAILROAD RETIREMENT SYSTEM.—Section 7(d)(2)(ii) of the Railroad Retirement Act of Sec. 1. Short title; table of contents. at any point in life, the 24-month wait- 1974 (45 U.S.C. 231f(d)(2)(ii)) is amended— ing period. should be of concern to ev- Sec. 2. Phase-out of waiting period for medicare disability benefits. (A) by striking ‘‘, for not less than 24 eryone, not just the millions of Ameri- Sec. 3. Elimination of waiting period for in- months’’ and inserting ‘‘, for the waiting pe- cans with disabilities today.’’ dividuals with life-threatening riod (as defined in section 226(k) of the So- Although elimination of the Medi- conditions. cial Security Act); and care waiting period will certainly in- Sec. 4. Institute of Medicine study and re- (B) by striking ‘‘could have been entitled crease Medicare costs, it is important port on delay and prevention of for 24 calendar months, and’’ and inserting to note that there will be some cor- disability conditions. ‘‘could have been entitled for the waiting pe- SEC. 2. PHASE-OUT OF WAITING PERIOD FOR riod (as defined is section 226(k) of the Social responding decrease in Medicaid costs. Security Act), and’’. Medicaid, which is financed by both MEDICARE DISABILITY BENEFITS. (a) IN GENERAL.—Section 226(b) of the So- (d) EFFECTIVE DATE.—Except as provided in Federal and State governments, often cial Security Act (42 U.S.C. 426(b)) is amend- subsection (c)(1), the amendments made by provides coverage for a subset of dis- ed— this section shall apply to insurance benefits abled Americans in the waiting period, (1) in paragraph (2)(A), by striking ‘‘, and under title XVIII of the Social Security Act as long as they meet certain income has for 24 calendar months been entitled to,’’ with respect to items and services furnished and asset limits. Income limits are and inserting ‘‘, and for the waiting period in months beginning at least 90 days after typically at or below the poverty level, (as defined in subsection (k)) has been enti- the date of the enactment of this Act (but in including at just 74 percent of the pov- tled to,’’; no case earlier than January 1, 2008). (2) in paragraph (2)(B), by striking ‘‘, and erty line in New Mexico, with assets SEC. 3. ELIMINATION OF WAITING PERIOD FOR has been for not less than 24 months,’’ and INDIVIDUALS WITH LIFE-THREAT- generally limited to just $2,000 for indi- inserting ‘‘, and has been for the waiting pe- ENING CONDITIONS. viduals and $3,000 for couples. riod (as defined in subsection (k)),’’; (a) IN GENERAL.—Section 226(h) of the So- Furthermore, from a continuity of (3) in paragraph (2)(C)(ii), by striking ‘‘, in- cial Security Act (42 U.S.C. 426(h)) is amend- care point of view, it makes little sense cluding the requirement that he has been ened—

VerDate Aug 31 2005 03:09 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\CR\FM\A26SE6.062 S26SEPT1 hmoore on PRODPC68 with HMSENATE September 26, 2007 CONGRESSIONAL RECORD — SENATE S12155 (1) by redesignating paragraphs (1), (2), and ices, CMS, the ‘‘in the home’’ restric- appropriate devices to meet their mo- (3) as subparagraphs (A), (B), and (C), respec- tion only permits beneficiaries to ob- bility needs.’’ tively; tain wheelchairs that are necessary for My legislation would clarify that this (2) in the matter preceding subparagraph use inside the home. As a result, seri- restriction does not apply to mobility (A) (as redesignated by paragraph (1)), by inserting ‘‘(1)’’ after ‘‘(h)’’; ously disabled beneficiaries who would devices, including wheelchairs, for peo- (3) in paragraph (1) (as designated by para- primarily utilize a wheelchair outside ple with disabilities in the Medicare graph (2))— the home are prevented from receiving Program. The language change is fairly (A) in the matter preceding subparagraph this critical and basic equipment simple and simply clarifies that the ‘‘in (A) (as redesignated by paragraph (1)), by in- through Medicare. For example, this the home’’ restriction for durable med- serting ‘‘or any other life-threatening condi- restriction prevents beneficiaries from ical equipment does not apply in the tion identified by the Secretary’’ after receiving wheelchairs to access their case of mobility devices needed by ‘‘amyotrophic lateral sclerosis (ALS)’’; and work, the community-at-large, place of Medicare beneficiaries with expected (B) in subparagraph (B) (as redesignated by paragraph (1)), by striking ‘‘(rather than worship, school, physician’s offices, or long-term needs for use ‘‘in customary twenty-fifth month)’’; and pharmacies. settings such as normal domestic, vo- (4) by adding at the end the following new On July 13, 2005, 34 senators wrote cational, and community activities.’’ paragraph: Secretary Leavitt asking the Depart- This legislation is certainly not in- ‘‘(2) For purposes of identifying life-threat- ment of Health and Human Services, or tended to discourage CMS from dedi- ening conditions under paragraph (1), the HHS, to modify the ‘‘in the home’’ re- cating its resources to reducing waste, Secretary shall compile a list of conditions quirement so as to ‘‘improve commu- fraud, and abuse in the Medicare sys- that are fatal without medical treatment. In compiling such list, the Secretary shall con- nity access for Medicare beneficiaries tem, as those efforts are critical to en- sult with the Director of the National Insti- with mobility impairments.’’ Unfortu- suring that Medicare remains finan- tutes of Health (including the Office of Rare nately, CMS continues to impose the cially viable and strong in the future. Diseases), the Director of the Centers for ‘‘in the home’’ restriction on Medicare However, it should be noted that nei- Disease Control and Prevention, the Director beneficiaries in need of mobility de- ther Medicaid nor the Department of of the National Science Foundation, and the vices. Veterans Affairs impose such ‘‘in the Institute of Medicine of the National Acad- As the Medicare Rights Center in a emy of Sciences.’’. home’’ restrictions on mobility de- (b) EFFECTIVE DATE.—The amendments report entitled ‘‘Forced Isolation: vices. made by this section shall apply to insurance Medicare’s ‘In The home’ Coverage Mr. President, I ask unanimous con- benefits under title XVIII of the Social Secu- Standards for Wheelchairs’’ in March sent that the text of the bill and a let- rity Act with respect to items and services 2004 notes, ‘‘This effectively disquali- ter sent to Secretary Leavitt be print- furnished in months beginning at least 90 fies you from leaving your home with- ed in the RECORD. days after the date of the enactment of this out the assistance of others.’’ There being no objection, the mate- Act (but in no case earlier than January 1, Furthermore, in a Kansas City Star 2008). rial was ordered to be printed in the article dated July 3, 2005, Mike Oxford SEC. 4. INSTITUTE OF MEDICINE STUDY AND RE- RECORD, as follows: PORT ON DELAY AND PREVENTION with the National Council on Inde- S. 2103 OF DISABILITY CONDITIONS. pendent Living noted, ‘‘You look at Be it enacted by the Senate and House of Rep- (a) STUDY.—The Secretary of Health and mobility assistance as a way to lib- resentatives of the United States of America in Human Services (in this section referred to erate yourself.’’ He added that the re- Congress assembled, as the ‘‘Secretary’’) shall request that the striction ‘‘is just backward.’’ SECTION 1. SHORT TITLE. Institute of Medicine of the National Acad- In fact, policies such as these are not emy of Sciences conduct a study on the This Act may be cited as the ‘‘Medicare range of disability conditions that can be de- only backward but directly contradict Independent Living Act of 2007’’. layed or prevented if individuals receive ac- numerous initiatives aimed at increas- SEC. 2. ELIMINATION OF IN THE HOME RESTRIC- cess to health care services and coverage being community integration of people TION FOR MEDICARE COVERAGE OF fore the condition reaches disability levels. with disabilities, including the Ameri- MOBILITY DEVICES FOR INDIVID- (b) REPORT.—Not later than the date that UALS WITH EXPECTED LONG-TERM cans with Disabilities Act, the Ticket- NEEDS. is 2 years after the date of enactment of this to-Work Program, the New Freedom Act, the Secretary shall submit to Congress (a) IN GENERAL.—Section 1861(n) of the So- a report containing the results of the Insti- Initiative, and the Olmstead Supreme cial Security Act (42 U.S.C. 1395x(n) is tute of Medicine study authorized under this Court decision. amended by inserting ‘‘or, in the case of a section. According to the Medicare Rights mobility device required by an individual (c) AUTHORIZATION OF APPROPRIATIONS.— Center update dated March 23, 2006, with expected long-term need, used in cus- There is authorized to be appropriated to ‘‘This results in arbitrary denials. Peo- tomary settings for the purpose of normal carry out this section $750,000 for the period ple with apartments too small for a domestic, vocational, or community activities’’ after ‘‘1819(a)(1))’’. of fiscal years 2008 and 2009. power wheelchair are denied a device (b) EFFECTIVE DATE.—The amendment By Mr. BINGAMAN (for himself, that could also get them down the made by subsection (a) shall apply to items Mr. OBAMA, Mr. SALAZAR, Ms. street. Those in more spacious quarters furnished on or after the date of enactment COLLINS, and Mr. LIEBERMAN): get coverage, allowing them to scoot of this Act. S. 2103. A bill to amend title XVIII of from room to room and to the grocery the Social Security Act to eliminate store. People who summon all their JULY 13, 2005. the in the home restriction for Medi- willpower and strength to hobble SENATE LETTER OPPOSING IN HOME care coverage of mobility devices for around a small apartment get no help RESTRICTION individuals with expected long-term for tasks that are beyond them and Hon. MICHAEL O. LEAVITT, needs; to the Committee on Finance. their front door.’’ Secretary, Department of Health and Human Mr. BINGAMAN. Mr. President, I rise In New Mexico, I have heard this Services, Washington, DC. DEAR SECRETARY LEAVITT: The under- today with Senators OBAMA, SALAZAR, complaint about the law repeatedly from our State’s most vulnerable dis- signed members write to request that you COLLINS, and LIEBERMAN to introduce modify the ‘‘in the home’’ requirement in the Medicare Independent Living Act abled and senior citizens. People argue Medicare’s wheeled mobility benefit to im- of 2007. This legislation would elimi- the provision is being misinterpreted prove community access for Medicare bene- nate Medicare’s ‘‘in the home’’ restric- by the administration and results in ficiaries with mobility impairments. tion for the coverage of mobility de- Medicare beneficiaries being trapped in We commend CMS for its dedication to re- vices, including wheelchairs and scoot- their home. ducing waste, fraud and abuse in the Medi- ers, for those with disabilities and ex- The ITEM Coalition adds in a letter care system, particularly under the mobility pected long-term needs. This includes to CMS on this issue in November 25, device benefit, and fully support your inten- people with multiple sclerosis, para- 2005, ‘‘There continues to be no clinical tion to protect precious Medicare funds and basis for the ‘in the home’ restriction resources. Additionally, we commend the plegia, osteoarthritis, and cerebro- agency for recently taking on the task of vascular disease that includes acute and by asking treating practioners to creating a new and, hopefully, more appro- stroke and conditions like aneurysms. document medical need only within the priate Medicare coverage criteria for mobil- As currently interpreted by the Cen- home setting, CMS is severely restrict- ity devices. However, we are concerned that ters for Medicare and Medicaid Serv- ing patients from receiving the most CMS’ current interpretation of the ‘‘in the

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home’’ requirement may continue to act as caring for the most serious and most painful amendment SA 2011 proposed by Mr. NELSON an inappropriate restriction in meeting the battlefield casualties ever witnessed from of Nebraska (for Mr. LEVIN) to the bill H.R. real-life mobility needs of Medicare bene- war; and 1585, to authorize appropriations for fiscal ficiaries with physical disabilities and mobil- Whereas the Nation’s medical and mental year 2008 for military activities of the De- ity impairments. health care professionals have not been pro- partment of Defense, for military construc- Recently CMS announced a final National vided with sufficient resources to adequately tion, and for defense activities of the Depart- Coverage Determination (NCD) for mobility research, diagnose, treat, and manage acute ment of Energy, to prescribe military per- assistance equipment (MAE) that fails to and chronic pain associated with present day sonnel strengths for such fiscal year, and for adequately address the concerns of bene- battlefield casualties: Now, therefore, be it other purposes; which was ordered to lie on ficiaries and other parties with the ‘‘in the Resolved, That it is the sense of the Senate the table. home’’ restriction. that— SA 3049. Mr. SANDERS (for himself, Mr. In order to ensure that the ‘‘in the home’’ (1) Federal funding for pain management BYRD, Mr. BROWN, and Mr. FEINGOLD) sub- requirement does not act as a barrier to research, treatment and therapies at the De- mitted an amendment intended to be pro- community participation for Medicare bene- partment of Defense, Department of Vet- posed to amendment SA 2011 proposed by Mr. ficiaries with disabilities and mobility im- erans Affairs and at the National Institutes NELSON of Nebraska (for Mr. LEVIN) to the pairments; we ask that you modify this re- of Health should be significantly increased; bill H.R. 1585, supra; which was ordered to lie quirement through the regulatory process. (2) Congress and the administration should on the table. Additionally, if your agency concludes that redouble their efforts to ensure that an effec- SA 3050. Mr. ENSIGN submitted an amend- the ‘‘in the home’’ requirement cannot be ad- tive pain management program is uniformly ment intended to be proposed by him to the dressed through the regulatory process, we established and implemented for military bill H.R. 976, to amend title XXI of the So- request that you respond with such informa- and Department of Veterans Affairs treat- cial Security Act to reauthorize the State Children’s Health Insurance Program, and tion as quickly as possible, so that Congress ment facilities; and for other purposes; which was ordered to lie may begin examining legislative alter- (3) the Department of Defense and the De- on the table. natives. partment of Veterans Affairs should increase SA 3051. Mr. ENSIGN submitted an amend- We thank you for your consideration of their investment in pain management clin- ment intended to be proposed by him to the this matter. ical research by improving and accelerating bill H.R. 976, supra; which was ordered to lie Sincerely, clinical trials at military and Department of on the table. Jeff Bingaman; Rick Santorum; John Veterans Affairs treatment facilities and af- SA 3052. Mr. ENSIGN submitted an amend- Kerry; Joseph I. Lieberman; Barbara filiated university medical centers and re- ment intended to be proposed by him to the Mikulski; Maria Cantwell; Edward M. search programs. bill H.R. 976, supra; which was ordered to lie Kennedy; Patty Murray; Evan Bayh; f on the table. Mark Dayton; Jack Reed; Johnny SA 3053. Mr. ENSIGN submitted an amend- Isakson; Sam Brownback; Jon S. SENATE RESOLUTION 333—TO AU- ment intended to be proposed by him to the Corzine; James M. Talent; Pat Roberts; THORIZE THE PRODUCTION OF bill H.R. 976, supra; which was ordered to lie Frank Lautenberg; James M. Jeffords; RECORDS BY THE PERMANENT on the table. Christopher S. Bond; Mike DeWine; SUBCOMMITTEE ON INVESTIGA- SA 3054. Mr. ENSIGN submitted an amend- Daniel K. Akaka; Mary L. Landrieu; ment intended to be proposed by him to the Debbie Stabenow; Charles E. Schumer; TIONS OF THE COMMITTEE ON bill H.R. 976, supra; which was ordered to lie Ron Wyden; Herb Kohl; Patrick J. HOMELAND SECURITY AND GOV- on the table. Leahy; Arlen Specter; Hillary Rodham ERNMENTAL AFFAIRS SA 3055. Mr. ENSIGN submitted an amend- Clinton; Christopher J. Dodd; John Mr. REID (for himself and Mr. ment intended to be proposed by him to the McCain; Carl Levin; Tom Harkin; bill H.R. 976, supra; which was ordered to lie Olympia J. Snowe. MCCONNELL) submitted the following on the table. resolution; which was considered and f SA 3056. Mr. ENSIGN submitted an amend- agreed to: ment intended to be proposed by him to the SUBMITTED RESOLUTIONS S. RES. 333 bill H.R. 976, supra; which was ordered to lie Whereas, the Permanent Subcommittee on on the table. SA 3057. Mr. MARTINEZ submitted an Investigations of the Committee on Home- amendment intended to be proposed by him SENATE RESOLUTION 332—EX- land Security and Governmental Affairs con- to the bill H.R. 976, supra; which was ordered PRESSING THE SENSE OF THE ducted an investigation in 2003 and 2004 into SENATE THAT THE DEPART- to lie on the table. abusive practices by the credit counseling SA 3058. Mr. KENNEDY (for himself, Mrs. industry; MENT OF DEFENSE AND THE DE- MCCASKILL, Mr. LIEBERMAN, Ms. MIKULSKI, Whereas, the Subcommittee has received a PARTMENT OF VETERANS AF- Mr. AKAKA, Mr. BROWN, and Mr. DODD) sub- FAIRS SHOULD INCREASE THEIR request from a federal law enforcement agen- mitted an amendment intended to be pro- INVESTMENT IN PAIN MANAGE- cy for access to records of the Subcommit- posed to amendment SA 2011 proposed by Mr. tee’s investigation; MENT RESEARCH NELSON of Nebraska (for Mr. LEVIN) to the Whereas, by the privileges of the Senate of bill H.R. 1585, to authorize appropriations for Ms. MIKULSKI (for herself and Mr. the United States and Rule XI of the Stand- fiscal year 2008 for military activities of the CARDIN) submitted the following reso- ing Rules of the Senate, no evidence under Department of Defense, for military con- lution; which was referred to the Com- the control or in the possession of the Senate struction, and for defense activities of the mittee on Armed Services: can, by administrative or judicial process, be Department of Energy, to prescribe military taken from such control or possession but by S. RES. 332 personnel strengths for such fiscal year, and permission of the Senate; for other purposes; which was ordered to lie Whereas the characteristics of modern Whereas, when it appears that evidence on the table. warfare, including the global war on terror, under the control or in the possession of the SA 3059. Mr. ALLARD submitted an expose members of the uniformed services to Senate is needed for the promotion of jus- amendment intended to be proposed by him many adverse and dangerous environment- tice, the Senate will take such action as will to the bill H.R. 976, to amend title XXI of the related diseases and living conditions; promote the ends of justice consistent with Social Security Act to reauthorize the State Whereas today’s war zone conditions, in- the privileges of the Senate: Now, therefore, Children’s Health Insurance Program, and cluding areas replete with noxious gases re- be it for other purposes; which was ordered to lie leased from explosive devices in Iraq and Af- Resolved, That the Chairman and Ranking on the table. ghanistan, produce traumatic, life-altering Minority Member of the Permanent Sub- SA 3060. Mr. ALLARD submitted an battlefield injuries in degrees unheard of in committee on Investigations of the Com- amendment intended to be proposed by him previous wars including infections, instant mittee on Homeland Security and Govern- to the bill H.R. 976, supra; which was ordered crushing of skulls and other bones, loss of mental Affairs, acting jointly, are authorized to lie on the table. sight and limbs, dehydration, blood and to provide to federal or state law enforce- SA 3061. Mr. CRAPO submitted an amend- other body infections, and, in some cases, se- ment or regulatory agencies and officials ment intended to be proposed by him to the vere impairment or total loss of mental and records of the Subcommittee’s investigation bill H.R. 976, supra; which was ordered to lie physical functions; into abusive practices by the credit coun- on the table. Whereas military medical rapid response seling industry. SA 3062. Mr. VITTER submitted an amend- teams provide superb, state of the art, life- ment intended to be proposed by him to the f saving medical and psychological treatment bill H.R. 976, supra; which was ordered to lie and care at battlefield sites with an extraor- AMENDMENTS SUBMITTED AND on the table. dinarily high success rate; PROPOSED SA 3063. Mr. COBURN submitted an amend- Whereas military, Department of Veterans ment intended to be proposed by him to the Affairs, and specialty civilian health care SA 3048. Mr. SESSIONS submitted an bill H.R. 976, supra; which was ordered to lie treatment facilities are overburdened with amendment intended to be proposed to on the table.

VerDate Aug 31 2005 03:09 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\A26SE6.074 S26SEPT1 hmoore on PRODPC68 with HMSENATE September 26, 2007 CONGRESSIONAL RECORD — SENATE S12157 SA 3064. Mr. MCCONNELL (for himself, Mr. TEXT OF AMENDMENTS opmental program intended to meet the pro- LOTT, Mr. KYL, Mr. DEMINT, Mr. COBURN, Mr. posed Joint Enhanced Carbine requirement. CORNYN, Mr. BUNNING, Mr. ISAKSON, and Mr. (3) The reprogramming of funds for the BARRASSO) submitted an amendment in- SA 3048. Mr. SESSIONS submitted an procurement of small arms from the procure- tended to be proposed by him to the bill H.R. amendment intended to be proposed to ment of M4 Carbines to the procurement of 976, supra; which was ordered to lie on the amendment SA 2011 proposed by Mr. Joint Enhanced Carbines authorized only as table. NELSON of Nebraska (for Mr. LEVIN) to the result of competition. SA 3065. Mr. DEMINT submitted an amend- the bill H.R. 1585, to authorize appro- (4) The use of rapid equipping authority to ment intended to be proposed by him to the priations for fiscal year 2008 for mili- procure weapons under $2,000 per unit that bill H.R. 976, supra; which was ordered to lie tary activities of the Department of meet service-approved requirements, with on the table. Defense, for military construction, and such weapons being nondevelopmental items selected through full and open competition. SA 3066. Mr. DEMINT submitted an amend- for defense activities of the Depart- ment intended to be proposed by him to the ment of Energy, to prescribe military Mr. SANDERS (for himself, bill H.R. 976, supra; which was ordered to lie personnel strengths for such fiscal SA 3049. Mr. BYRD, Mr. BROWN, and Mr. FEIN- on the table. year, and for other purposes; which was SA 3067. Mrs. DOLE submitted an amend- ordered to lie on the table; as follows: GOLD) submitted an amendment in- ment intended to be proposed by her to the tended to be proposed to amendment At the end of subtitle B of title I, add the bill H.R. 976, supra; which was ordered to lie following: SA 2011 proposed by Mr. NELSON of Ne- on the table. SEC. 115. M4 CARBINE RIFLE. braska (for Mr. LEVIN) to the bill H.R. SA 3068. Mr. REID (for Mr. OBAMA (for him- (a) FINDINGS.—Congress makes the fol- 1585, to authorize appropriations for self, Mr. BOND, Mr. LIEBERMAN, Mrs. BOXER, lowing findings: fiscal year 2008 for military activities and Mrs. MCCASKILL)) submitted an amend- (1) The members of the Armed Forces are of the Department of Defense, for mili- ment intended to be proposed to amendment entitled to the best individual combat weap- tary construction, and for defense ac- SA 2011 proposed by Mr. NELSON of Nebraska ons available in the world today. tivities of the Department of Energy, (for Mr. LEVIN) to the bill H.R. 1585, to au- (2) Full and open competition in procure- thorize appropriations for fiscal year 2008 for ment is required by law, and is the most ef- to prescribe military personnel military activities of the Department of De- fective way of selecting the best individual strengths for such fiscal year, and for fense, for military construction, and for de- combat weapons for the Armed Forces at the other purposes; which was ordered to fense activities of the Department of Energy, best price. lie on the table; as follows: to prescribe military personnel strengths for (3) The M4 carbine rifle is currently the in- At the end of subtitle C of title III, add the such fiscal year, and for other purposes; dividual weapon of choice for the Army, and following: which was ordered to lie on the table. it is procured through a sole source contract. SEC. 325. GULF WAR ILLNESSES RESEARCH. SA 3069. Mr. HATCH submitted an amend- (4) The M4 carbine rifle has been proven in ment intended to be proposed to amendment combat and meets or exceeds the existing re- (a) FUNDING.—Of the amount authorized to be appropriated by section 301(5) for oper- SA 2011 proposed by Mr. NELSON of Nebraska quirements for carbines. ation and maintenance for Defense-wide ac- (for Mr. LEVIN) to the bill H.R. 1585, supra; (5) The Army Training and Doctrine Com- which was ordered to lie on the table. mand is conducting a full Capabilities Based tivities, $15,000,000 shall be available for the Assessment (CBA) of the small arms of the Army Medical Research and Materiel Com- SA 3070. Mr. SESSIONS submitted an mand to carry out, as part of its Medical Re- amendment intended to be proposed to Army which will determine whether or not gaps exist in the current capabilities of such search Program required by Congress, a pro- amendment SA 2011 proposed by Mr. NELSON small arms and inform decisions as to wheth- gram for Gulf War Illnesses Research. of Nebraska (for Mr. LEVIN) to the bill H.R. (b) PURPOSE.—The purpose of the program 1585, supra; which was ordered to lie on the er or not a new individual weapon is required shall be to develop diagnostic markers and table. to address such gaps. (b) REPORT ON CAPABILITIES BASED ASSESS- treatments for the complex of symptoms SA 3071. Mr. REID proposed an amendment MENT.—Not later than 90 days after the date commonly known as ‘‘Gulf War Illnesses to the bill H.R. 976, to amend title XXI of the of the enactment of this Act, the Secretary (GWI)’’, including widespread pain, cognitive Social Security Act to reauthorize the State of the Army shall submit to the congres- impairment, and persistent fatigue in con- Children’s Health Insurance Program, and sional defense committees a report on the junction with diverse other symptoms and for other purposes. Capabilities Based Assessment of the small abnormalities, that are associated with serv- SA 3072. Mr. REID proposed an amendment arms of the Army referred to in subsection ice in the Southwest Asia theater of oper- to amendment SA 3071 proposed by Mr. REID (a)(5). ations in the early 1990s during the Persian to the bill H.R. 976, supra. (c) COMPETITION FOR NEW INDIVIDUAL WEAP- Gulf War. ON.— SA 3073. Mr. REID (for Mr. OBAMA (for him- (c) PROGRAM ACTIVITIES.— (1) COMPETITION REQUIRED.—In the event self and Mr. WHITEHOUSE)) submitted an (1) Highest priority under the program amendment intended to be proposed to the Capabilities Based Assessment identifies shall be afforded to pilot and observational gaps in the current capabilities of the small amendment SA 2011 proposed by Mr. NELSON studies of treatments for the complex of arms of the Army and the Secretary of the of Nebraska (for Mr. LEVIN) to the bill H.R. symptoms described in subsection (b) and 1585, to authorize appropriations for fiscal Army determines that a new individual comprehensive clinical trials of such treat- year 2008 for military activities of the De- weapon is required to address such gaps, the ments that have demonstrated effectiveness partment of Defense, for military construc- Secretary shall procure the new individual in previous past pilot and observational tion, and for defense activities of the Depart- weapon through one or more contracts en- studies. ment of Energy, to prescribe military per- tered into after full and open competition (2) Secondary priority under the program sonnel strengths for such fiscal year, and for described in paragraph (2). shall be afforded to studies that identify ob- other purposes; which was ordered to lie on (2) FULL AND OPEN COMPETITION.—The full jective markers for such complex of symp- the table. and open competition described in this para- toms and biological mechanisms underlying graph is full and open competition among all SA 3074. Mr. SPECTER (for himself and such complex of symptoms that can lead to responsible manufacturers that— the identification and development of such Mr. CASEY) submitted an amendment in- (A) is open to all developmental item solu- tended to be proposed by him to the joint markers and treatments. tions and nondevelopmental item (NDI) solu- (3) No study shall be funded under the pro- resolution H.J. Res. 52, making continuing tions; and appropriations for the fiscal year 2008, and gram that is based on psychiatric illness and (B) provides for the award of the contract psychological stress as the central cause of for other purposes; which was ordered to lie or contracts concerned based on selection on the table. such complex of symptoms (as is consistent criteria that reflect the key performance pa- with current research findings). SA 3075. Mr. BIDEN (for himself, Mr. rameters and attributes identified in an (d) COMPETITIVE SELECTION AND PEER RE- GRAHAM, Mr. CASEY, Mr. SANDERS, Mr. Army-approved service requirements docu- VIEW.—The program shall be conducted using BROWN, and Mrs. LINCOLN) submitted an ment. competitive selection and peer review for the amendment intended to be proposed to (d) REPORT REQUIRED.—Not later than 120 identification of activities having the most amendment SA 2011 proposed by Mr. NELSON days after the date of the enactment of this substantial scientific merit, utilizing indi- of Nebraska (for Mr. LEVIN) to the bill H.R. Act, Secretary of Defense shall submit to the viduals with recognized expertise in Gulf 1585, to authorize appropriations for fiscal congressional defense committees a report War illnesses in the design of the solicitation year 2008 for military activities of the De- on the feasibility and advisability of each of partment of Defense, for military construc- the following: and in the scientific and programmatic re- tion, and for defense activities of the Depart- (1) The certification of a Joint Enhanced view processes. ment of Energy, to prescribe military per- Carbine requirement that does not require sonnel strengths for such fiscal year, and for commonality with existing technical data. SA 3050. Mr. ENSIGN submitted an other purposes; which was ordered to lie on (2) The award of contracts for all available amendment intended to be proposed by the table. nondevelopmental carbines in lieu of a devel- him to the bill H.R. 976, to amend the

VerDate Aug 31 2005 02:20 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\CR\FM\A26SE6.069 S26SEPT1 hmoore on PRODPC68 with HMSENATE S12158 CONGRESSIONAL RECORD — SENATE September 26, 2007 XXI of the Social Security Act to reau- tures described in subparagraph (B), the Fed- SA 3053. Mr. ENSIGN submitted an thorize the State Children’s Health In- eral medical assistance percentage (as de- amendment intended to be proposed by surance Program, and for other pur- fined in the first sentence of section him to the bill H.R. 976, to amend title poses; which was ordered to lie on the 1905(b)))’’ and inserting ‘‘Federal medical as- XXI of the Social Security Act to reau- sistance percentage’’; table; as follows: (2) in subparagraph (A), by striking ‘‘on thorize the State Children’s Health In- At the end of section 2111 of the Social Se- the basis of an enhanced FMAP’’; surance Program, and for other pur- curity Act, as added by section 112 of the (3) by striking subsection (b) and inserting poses; which was ordered to lie on the House amendment to the text, add the fol- the following: table; as follows: lowing: ‘‘(b) FEDERAL MEDICAL ASSISTANCE PER- At the end of subtitle B of title VI of the ‘‘(d) COVER KIDS FIRST IMPLEMENTATION CENTAGE.—The term ‘Federal medical assist- House amendment to the text, add the fol- REQUIREMENT.—Notwithstanding the pre- lowing: ceding subsections of this section, no funds ance percentage’ has the meaning given such shall be available under this title for child term in the first sentence of section SEC. 620. PERSONAL EMPOWERMENT THROUGH health assistance or other health benefits 1905(b).’’; INDIVIDUAL RESPONSIBILITY. coverage that is provided for any other adult (4) in subsection (d)(B)(ii), by striking ‘‘an Section 2103(e) (42 U.S.C. 1397cc(e)) is other than a pregnant woman, and this title enhanced FMAP’’ and inserting ‘‘payments’’; amended by adding at the end the following shall be applied with respect to a State with- and new paragraph: out regard to such subsections, for each fis- (5) in subsection (g)(1)(B)(i), by striking ‘‘(5) PERSONAL EMPOWERMENT THROUGH IN- cal year quarter that begins prior to the date ‘‘the additional amount’’ and all that follows DIVIDUAL RESPONSIBILITY.—Notwithstanding on which the State demonstrates to the Sec- through the period and inserting ‘‘the Fed- the preceding provisions of this subsection or retary that the State has enrolled in the eral medical assistance percentage with re- any other provision of this title, for fiscal State child health plan at least 95 percent of spect to expenditures described in clause years beginning with fiscal year 2008, a State the targeted low-income children who reside (ii).’’. shall not be considered to have an approved in the State.’’. (b) CONFORMING AMENDMENTS TO TITLE State child health plan unless the State has XIX.—Section 1905 (42 U.S.C. 1396d)) is submitted a State plan amendment to the SA 3051. Mr. ENSIGN submitted an amended— Secretary specifying how the State will im- amendment intended to be proposed by (1) in subsection (b)— pose premiums, deductibles, coinsurance, him to the bill H.R. 976, to amend the (A) in the first sentence by striking ‘‘and and other cost-sharing under the State child XXI of the Social Security Act to reau- (4)’’ and all that follows up to the period; health plan (regardless of whether such plan is implemented under this title, title XIX, or thorize the State Children’s Health In- (B) in the last sentence— (i) by inserting ‘‘the Federal medical as- both) for populations of individuals whose surance Program, and for other pur- sistance percentage shall apply only’’ after family income exceeds the effective income poses; which was ordered to lie on the ‘‘Notwithstanding the first sentence of this eligibility level applicable under the State table; as follows: subsection,’’; and child health plan for that population on the At the end of subtitle B of title I of the (ii) by striking ‘‘section 2104’’ and all that date of the enactment of the Children’s House amendment to the text, add the fol- follows through the period and inserting Health Insurance Program Reauthorization lowing: ‘‘section 2104.’’; and Act of 2007, in a manner that is consistent SEC. 117. COVER LOW-INCOME KIDS FIRST. (2) in subsection (u)(4), by striking ‘‘an en- with the authority and limitations for im- Section 2105(c) (42 U.S.C. 1397ee(c)), as hanced FMAP described in section 2105(b)’’ posed cost-sharing under section 1916A.’’. amended section 601(a), is amended by adding and inserting ‘‘this subsection’’. at the end the following new paragraph: (c) CONFORMING AMENDMENTS TO TITLE XXI SA 3054. Mr. ENSIGN submitted an ‘‘(13) NO PAYMENTS FOR EXPENDITURES FOR AND THE AMENDMENTS MADE BY OTHER PROVI- amendment intended to be proposed by CHILD HEALTH ASSISTANCE OR HEALTH BENE- SIONS OF THIS ACT.— him to the bill H.R. 976, to amend title FITS COVERAGE FOR INDIVIDUALS WHOSE GROSS (1) Subsections (a)(2) and (b)(1) of section XXI of the Social Security Act to reau- FAMILY INCOME EXCEEDS 200 PERCENT OF THE 2111, as added by section 106(a), are each thorize the State Children’s Health In- POVERTY LINE UNLESS AT LEAST 95 PERCENT OF amended by striking subparagraph (C). surance Program, and for other pur- ELIGIBLE LOW-INCOME CHILDREN ENROLLED.— (2) Section 2111(b)(2)(B), as so added, is Notwithstanding any other provision of this amended— poses; which was ordered to lie on the title, for fiscal years beginning with fiscal (A) in clause (ii), by striking ‘‘applicable table; as follows: year 2008, no payments shall be made to a percentage determined under clause (iii) or Strike clause (ii) of section 2105(c)(11)(B) of State under subsection (a)(1), or any other (iv) for’’ and inserting ‘‘Federal medical as- the Social Security Act, as added by section provision of this title, for any fiscal year sistance percentage of’’; 301(a) of the House amendment to the text, quarter that begins prior to the date on (B) by striking clauses (iii) and (iv); and and insert the following: which the State demonstrates to the Sec- (C) by redesignating clauses (v) and (vi) as (ii) INCLUSION OF HIGH DEDUCTIBLE HEALTH retary that the State has enrolled in the clauses (iii) and (iv), respectively. PLANS; EXCLUSION OF FLEXIBLE SPENDING AR- State child health plan at least 95 percent of (3) This Act shall be applied without regard RANGEMENTS.—Such term— the low-income children who reside in the to the amendment to section 2105(c) made by (I) includes coverage consisting of a high State and are eligible for child health assist- section 110. deductible health plan (as defined in section ance under this State child health plan with (4) Section 2105(g)(4)(A), as added by sec- 223(c)(2) of such Code) purchased in conjunc- respect to any expenditures for providing tion 111, is amended by striking ‘‘the addition with a health savings account (as de- child health assistance or health benefits tional amount’’ and all that follows through fined under section 223(d) of such Code); but coverage for any individual whose gross fam- the period and inserting ‘‘the Federal med- (II) does not include coverage consisting of ily income exceeds 200 percent of the poverty ical assistance percentage with respect to benefits provided under a health flexible line.’’. expenditures described in subparagraph spending arrangement (as defined in section (B).’’. 106(c)(2) of the Internal Revenue Code of SA 3052. Mr. ENSIGN submitted an (5) The amendment made by paragraph (1) 1986). amendment intended to be proposed by of section 201(b) of this Act is amended to him to the bill H.R. 976, to amend the read as follows: SA 3055. Mr. ENSIGN submitted an XXI of the Social Security Act to reau- ‘‘(1) in the matter preceding subparagraph amendment intended to be proposed by thorize the State Children’s Health In- (A) (as amended by section 112(a)(1)(A)), by inserting ‘(or, in the case of expenditures de- him to the bill H.R. 976, to amend title surance Program, and for other pur- scribed in subparagraph (D)(iv), 75 percent )’ XXI of the Social Security Act to reau- poses; which was ordered to lie on the after ‘Federal medical assistance percent- thorize the State Children’s Health In- table; as follows: age’; and’’. surance Program, and for other pur- At the end of subtitle B of title I of the (6) Section 2105(c)(9), as added by section poses; which was ordered to lie on the House amendment to the text, add the fol- 301(c)(1), is amended by striking ‘‘enhanced table; as follows: lowing: FMAP’’ and inserting ‘‘Federal medical assistance percentage’’. At the end of title VII of the House amend- SEC. 117. REMOVING THE INCENTIVE TO COVER ment to the text, add the following: CHILDREN AT HIGHER INCOME LEV- (7) Section 601(a)(2) of this Act is amended ELS RATHER THAN LOWER INCOME by striking ‘‘, rather than on the basis of an SEC. 704. DISEASE PREVENTION AND TREAT- LEVELS. enhanced FMAP (as defined in section 2105(b) MENT RESEARCH TRUST FUND. (a) ELIMINATION OF ENHANCED FMAP.—Sec- of such Act)’’. (a) IN GENERAL.—Subchapter A of chapter tion 2105 (42 U.S.C. 1397ee) is amended— (8) Section 2105(c)(11), as added by section 98 of the Internal Revenue Code of 1986 (re- (1) in subsection (a)(1), in the matter pre- 602(a)(1), is amended by striking ‘‘enhanced lating to establishment of trust funds) is ceding subparagraph (A), by striking ‘‘en- FMAP’’ and inserting ‘‘Federal medical as- amended by adding at the end the following hanced FMAP (or, in the case of expendi- sistance percentage’’. new section:

VerDate Aug 31 2005 02:20 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\CR\FM\A26SE6.083 S26SEPT1 hmoore on PRODPC68 with HMSENATE September 26, 2007 CONGRESSIONAL RECORD — SENATE S12159 ‘‘SEC. 9511. DISEASE PREVENTION AND TREAT- thorize the State Children’s Health In- the XXI of the Social Security Act to MENT RESEARCH TRUST FUND. surance Program, and for other pur- reauthorize the State Children’s Health ‘‘(a) CREATION OF TRUST FUND.—There is Insurance Program, and for other pur- established in the Treasury of the United poses; which was ordered to lie on the States a trust fund to be known as the ‘Dis- table; as follows: poses; which was ordered to lie on the ease Prevention and Treatment Research Strike section 112 of the House amendment table; as follows: Trust Fund’, consisting of such amounts as to the text and insert the following: In lieu of the matter proposed to be in- may be appropriated or credited to the Dis- SEC. 112. ELIMINATION OF COVERAGE FOR NON- serted to the text by the House amendment ease Prevention and Treatment Research PREGNANT ADULTS. to the text, insert the following: Trust Fund. (a) ELIMINATION OF COVERAGE.—Title XXI SECTION 1. SHORT TITLE. ‘‘(b) TRANSFER TO DISEASE PREVENTION AND (42 U.S.C. 1397aa et seq.) is amended by add- This Act may be cited as the ‘‘State Chil- TREATMENT RESEARCH TRUST FUND OF ing at the end the following new section: dren’s Health Insurance Program Reauthor- AMOUNTS EQUIVALENT TO CERTAIN TAXES.— ‘‘SEC. 2111. ELIMINATION OF COVERAGE FOR ization Act of 2007’’. There are hereby appropriated to the Disease NONPREGNANT ADULTS. SEC. 2. 5-YEAR SCHIP REAUTHORIZATION FOR COVERAGE OF LOW-INCOME CHIL- Prevention and Treatment Research Trust ‘‘(a) NO COVERAGE FOR NONPREGNANT DREN. Fund amounts equivalent to the taxes re- CHILDLESS ADULTS AND NONPREGNANT PAR- (a) FUNDING.— ceived in the Treasury attributable to the ENTS.— amendments made by section 701 of the Chil- (1) INCREASE IN NATIONAL APPROPRIATION.— ‘‘(1) TERMINATION OF COVERAGE UNDER AP- Section 2104(a) of the Social Security Act (42 dren’s Health Insurance Program Reauthor- PLICABLE EXISTING WAIVERS.—No funds shall ization Act of 2007. U.S.C. 1397dd(a)) is amended— be available under this title for child health (A) in paragraph (9), by striking ‘‘and’’ at ‘‘(c) EXPENDITURES FROM TRUST FUND.— assistance or other health benefits coverage the end; ‘‘(1) IN GENERAL.—Amounts in the Disease that is provided for any other adult other (B) in paragraph (10), by striking the pe- Prevention and Treatment Research Trust than a pregnant woman after September 30, Fund shall be available, as provided by ap- riod at the end and inserting ‘‘; and’’; and 2007. (C) by adding at the end the following: propriation Acts, for the purposes of funding ‘‘(2) NO NEW WAIVERS.—Notwithstanding the disease prevention and treatment re- ‘‘(11) for each of fiscal years 2008 through section 1115 or any other provision of this 2012, $7,000,000,000.’’. search activities of the National Institutes title the Secretary shall not on or after the (2) CONTINUATION OF ADDITIONAL ALLOT- of Health. Amounts appropriated from the date of the enactment of the Children’s MENTS TO TERRITORIES AT FISCAL YEAR 2007 Disease Prevention and Treatment Research Health Insurance Program Reauthorization LEVEL OF AUTHORITY.—Section 2104(c)(4)(B) of Trust Fund shall be in addition to any other Act of 2007, approve or renew a waiver, exper- the Social Security Act (42 U.S.C. funds provided by appropriation Acts for the imental, pilot, or demonstration project that 1397dd(c)(4)(B)) is amended by striking ‘‘fis- National Institutes of Health. would allow funds made available under this cal year 2007’’ and inserting ‘‘each of fiscal ‘‘(2) DISEASE PREVENTION AND TREATMENT title to be used to provide child health as- years 2007 through 2012’’. RESEARCH ACTIVITIES.—Disease prevention sistance or other health benefits coverage for (3) APPLICATION TO OTHER SCHIP FUNDING and treatment research activities shall in- any other adult other than a pregnant FOR FISCAL YEAR 2008.—Notwithstanding any clude activities relating to: woman. other provision of law, if funds are appro- ‘‘(A) CANCER.—Disease prevention and ‘‘(b) INCREASED OUTREACH AND COVERAGE priated under any law (other than this Act) treatment research in this category shall in- OF LOW-INCOME CHILDREN.—A State that, but to provide allotments to States under title clude activities relating to pediatric, lung, for the application of subsections (a) and (b), XXI of the Social Security Act for all (or any breast, ovarian, uterine, prostate, colon, rec- would have expended funds for child health portion) of fiscal year 2008— tal, oral, skin, bone, kidney, liver, stomach, assistance or other health benefits coverage (A) any amounts that are so appropriated bladder, thyroid, pancreatic, brain and nerv- for an adult other than a pregnant woman that are not so allotted and obligated before ous system, and blood-related cancers, in- after fiscal year 2007 shall use the funds that the date of the enactment of this Act are re- cluding leukemia and lymphoma. Priority in would have been expended for such assist- scinded; and this category shall be given to disease pre- ance or coverage to conduct outreach to, and (B) any amount provided for such title XXI vention and treatment research into pedi- provide child health assistance for, low-in- allotments to a State under this Act (and atric cancers. come children who are eligible for such as- the amendments made by this Act) for such ‘‘(B) RESPIRATORY DISEASES.—Disease pre- sistance under the State child health plan. fiscal year shall be reduced by the amount of vention and treatment research in this cat- ‘‘(c) NONAPPLICATION.—Beginning with fis- such appropriations so allotted and obligated egory shall include activities relating to cal year 2008, this title shall be applied with- before such date. chronic obstructive pulmonary disease, tu- out regard to any provision of this title that (b) NO FEDERAL MATCHING PAYMENTS FOR berculosis, bronchitis, asthma, and emphy- would be contrary to the prohibition on pro- COVERAGE OF INDIVIDUALS WHOSE GROSS FAM- sema. viding child health assistance or health ben- ILY INCOME EXCEEDS 200 PERCENT OF THE POV- ‘‘(C) CARDIOVASCULAR DISEASES.—Disease efits coverage for an adult other than a preg- ERTY LINE.—Section 2105(c) of the Social Se- prevention and treatment research in this nant woman established under this section.’’. curity Act (42 U.S.C. 1397ee(c)) is amended by category shall include activities relating to (b) CONFORMING AMENDMENTS.— adding at the end the following new para- peripheral arterial disease, heart disease, (1) Section 2107(f) (42 U.S.C. 1397gg(f)) is graph: valve disease, stroke, and hypertension. amended— ‘‘(8) NO PAYMENTS FOR EXPENDITURES FOR ‘‘(D) OTHER DISEASES, CONDITIONS, AND DIS- (A) by striking ‘‘, the Secretary’’ and in- CHILD HEALTH ASSISTANCE OR HEALTH BENE- ORDERS.—Disease prevention and treatment serting ‘‘: FITS COVERAGE FOR INDIVIDUALS WHOSE GROSS research in this category shall include ac- ‘‘(1) The Secretary’’; FAMILY INCOME EXCEEDS 200 PERCENT OF THE tivities relating to autism, diabetes (includ- (B) in the first sentence, by inserting ‘‘or a POVERTY LINE.—Notwithstanding any other ing type I diabetes, also known as juvenile nonpregnant parent (as defined in section provision of this title, for fiscal years begin- diabetes, and type II diabetes), muscular dys- 2111(d)(2)) of a targeted low-income child’’ ning with fiscal year 2008, no payments shall trophy, Alzheimer’s disease, Parkinson’s dis- before the period; be made to a State under subsection (a)(1), or ease, multiple sclerosis, amyotrophic lateral (C) by striking the second sentence; and any other provision of this title, for any ex- sclerosis, cerebral palsy, cystic fibrosis, spi- (D) by adding at the end the following new penditures for providing child health assist- nal muscular atrophy, osteoporosis, human paragraph: ance or health benefits coverage for any indi- immunodeficiency virus (HIV) and acquired ‘‘(2) The Secretary may not approve, ex- vidual whose gross family income exceeds 200 immunodeficiency syndrome (AIDS), depres- tend, renew, or amend a waiver, experi- percent of the poverty line.’’. (c) NO FEDERAL MATCHING PAYMENTS FOR sion and other mental health disorders, in- mental, pilot, or demonstration project with COVERAGE OF INDIVIDUALS WHO ARE ELIGIBLE fertility, arthritis, anaphylaxis, respect to a State after the date of enact- FOR EMPLOYER-SPONSORED COVERAGE.— lymphedema, psoriasis, eczema, lupus, cleft ment of the Children’s Health Insurance Pro- lip and palate, fibromyalgia, chronic fatigue (1) IN GENERAL.—Section 2105(c) of such Act gram Reauthorization Act of 2007 that would (42 U.S.C. 1397ee(c)), as amended by sub- and immune dysfunction syndrome, alopecia waive or modify the requirements of section areata, and sepsis.’’. section (c), is amended by adding at the end 2111.’’. the following new paragraph: (b) CLERICAL AMENDMENT.—The table of (2) Section 6102(c) of the Deficit Reduction ‘‘(9) REQUIREMENT REGARDING EMPLOYER- sections for subchapter A of chapter 98 of the Act of 2005 (Public Law 109–171; 120 Stat. 131) SPONSORED COVERAGE.— Internal Revenue Code of 1986 is amended by is amended by striking ‘‘Nothing’’ and in- adding at the end the following new item: ‘‘(A) IN GENERAL.—No payment may be serting ‘‘Subject to section 2111 of the Social made under this title with respect to an indi- ‘‘Sec. 9511. Disease Prevention and Treat- Security Act, as added by section 106(a)(1) of vidual who is eligible for coverage under ment Research Trust Fund.’’. the Children’s Health Insurance Program Re- qualified employer-sponsored coverage, ei- authorization Act of 2007, nothing’’. ther as an individual or as part of family SA 3056. Mr. ENSIGN submitted an coverage, except with respect to expendi- amendment intended to be proposed by SA 3057. Mr. MARTINEZ submitted tures for providing a premium assistance him to the bill H.R. 976, to amend title an amendment intended to be proposed subsidy for such coverage in accordance with XXI of the Social Security Act to reau- by him to the bill H.R. 976, to amend the requirements of this paragraph.

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‘‘(B) QUALIFIED EMPLOYER SPONSORED COV- sistance subsidy for enrollment in qualified ployee if the child is eligible, but not en- ERAGE.— employer sponsored coverage if the State de- rolled, for coverage under such terms) to en- ‘‘(i) IN GENERAL.—In this paragraph, the termines the provision of such a subsidy to roll for coverage under the terms of the plan term ‘qualified employer sponsored coverage’ be more cost-effective in accordance with if the employee’s child becomes eligible for a means a group health plan or health insur- subparagraph (B)(ii). premium assistance subsidy under this para- ance coverage offered through an employer ‘‘(vi) NOT TREATED AS INCOME.—Notwith- graph. that is— standing any other provision of law, a pre- ‘‘(H) NO EFFECT ON PREVIOUSLY APPROVED ‘‘(I) substantially equivalent to the bene- mium assistance subsidy provided in accord- PREMIUM ASSISTANCE PROGRAMS.—Nothing in fits coverage in a benchmark benefit pack- ance with this paragraph shall not be treated this paragraph shall be construed as limiting age described in section 2103(b) or bench- as income to the child or the parent of the the authority of a State to offer premium as- mark-equivalent coverage that meets the re- child for whom such subsidy is provided. sistance under section 1906, a waiver de- quirements of section 2103(a)(2); ‘‘(D) NO REQUIREMENT TO PROVIDE SUPPLE- scribed in paragraph (2)(B) or (3), a waiver ‘‘(II) made similarly available to all of the MENTAL COVERAGE FOR BENEFITS AND ADDI- approved under section 1115, or other author- employer’s employees and for which the em- TIONAL COST-SHARING PROTECTION PROVIDED ity in effect on June 28, 2007. ployer makes a contribution to the premium UNDER THE STATE CHILD HEALTH PLAN.— ‘‘(I) NOTICE OF AVAILABILITY.—A State that is not less for employees receiving a ‘‘(i) IN GENERAL.—A State that elects the shall— premium assistance subsidy under any op- option to provide a premium assistance sub- ‘‘(i) include on any application or enroll- tion available under the State child health sidy under this paragraph shall not be re- ment form for child health assistance a no- plan under this title or the State plan under quired to provide a targeted low-income tice of the availability of premium assist- title XIX to provide such assistance than the child enrolled in qualified employer spon- ance subsidies for the enrollment of targeted employer contribution provided for all other sored coverage with supplemental coverage low-income children in qualified employer employees; and for items or services that are not covered, or sponsored coverage; ‘‘(III) cost-effective, as determined under are only partially covered, under the quali- ‘‘(ii) provide, as part of the application and clause (ii). fied employer sponsored coverage or cost- enrollment process under the State child ‘‘(ii) COST-EFFECTIVENESS.—A group health sharing protection other than the protection health plan, information describing the plan or health insurance coverage offered required under section 2103(e)(3)(B). availability of such subsidies and how to through an employer shall be considered to ‘‘(ii) NOTICE OF COST-SHARING REQUIRE- elect to obtain such a subsidy; and be cost-effective if— MENTS.—A State shall provide a targeted ‘‘(iii) establish such other procedures as ‘‘(I) the marginal premium cost to pur- low-income child or the parent of such a the State determines necessary to ensure chase family coverage through the employer child (as appropriate) who is provided with a that parents are informed of the availability is less than the State cost of providing child premium assistance subsidy in accordance of such subsidies under the State child health assistance through the State child with this paragraph with notice of the cost- health plan.’’. health plan for all the children in the family sharing requirements and limitations im- (2) APPLICATION TO MEDICAID.—Section 1906 who are targeted low-income children; or posed under the qualified employer spon- of the Social Security Act (42 U.S.C. 1396e) is ‘‘(II) the marginal premium cost between sored coverage in which the child is enrolled amended by adding at the end the following individual coverage and purchasing family upon the enrollment of the child in such cov- new subsection: coverage through the employer is not great- erage and annually thereafter. ‘‘(d) The provisions of section 2105(c)(9) er than 175 percent of the cost to the State ‘‘(iii) RECORD KEEPING REQUIREMENTS.—A shall apply to a child who is eligible for med- to provide child health assistance through State may require a parent of a targeted ical assistance under the State plan in the the State child health plan for a targeted low-income child that is enrolled in qualified same manner as such provisions apply to a low-income child. employer-sponsored coverage to bear the re- targeted low-income child under a State ‘‘(iii) HIGH DEDUCTIBLE HEALTH PLANS IN- sponsibility for keeping track of out-of-pock- child health plan under title XXI. Section CLUDED.—The term ‘qualified employer spon- et expenditures incurred for cost-sharing im- 1902(a)(34) shall not apply to a child who is sored coverage’ includes a high deductible posed under such coverage and to notify the provided a premium assistance subsidy under health plan (as defined in section 223(c)(2) of State when the limit on such expenditures the Internal Revenue Code of 1986) purchased imposed under section 2103(e)(3)(B) has been the State plan in accordance with the pre- through a health savings account (as defined reached for a year from the effective date of ceding sentence.’’. under section 223(d) of such Code). enrollment for such year. SEC. 3. GRANTS FOR OUTREACH AND ENROLL- MENT. ‘‘(C) PREMIUM ASSISTANCE SUBSIDY.— ‘‘(iv) STATE OPTION FOR REIMBURSEMENT.—A ‘‘(i) IN GENERAL.—In this paragraph, the State may retroactively reimburse a parent (a) GRANTS.—Title XXI of the Social Secu- term ‘premium assistance subsidy’ means, of a targeted low-income child for out-of- rity Act (42 U.S.C. 1397aa et seq.) is amended with respect to a targeted low-income child, pocket expenditures incurred after reaching by adding at the end the following: the amount equal to the difference between the 5 percent cost-sharing limitation im- ‘‘SEC. 2111. GRANTS TO IMPROVE OUTREACH AND the employee contribution required for en- posed under section 2103(e)(3)(B) for a year. ENROLLMENT. rollment only of the employee under quali- ‘‘(E) 6-MONTH WAITING PERIOD REQUIRED.—A ‘‘(a) OUTREACH AND ENROLLMENT GRANTS; fied employer sponsored coverage and the State shall impose at least a 6-month wait- NATIONAL CAMPAIGN.— employee contribution required for enrolling period from the time an individual is en- ‘‘(1) IN GENERAL.—From the amounts ap- ment of the employee and the child in such rolled in private health insurance prior to propriated for a fiscal year under subsection coverage, less any applicable premium cost- the provision of a premium assistance sub- (f), subject to paragraph (2), the Secretary sharing applied under the State child health sidy for a targeted low-income child in ac- shall award grants to eligible entities to con- plan, subject to the annual aggregate cost- cordance with this paragraph. duct outreach and enrollment efforts that sharing limit applied under section ‘‘(F) NON APPLICATION OF WAITING PERIOD are designed to increase the enrollment and 2103(e)(3)(B). FOR ENROLLMENT IN THE STATE MEDICAID PLAN participation of eligible children under this ‘‘(ii) STATE PAYMENT OPTION.—Subject to OR THE STATE CHILD HEALTH PLAN.—A tar- title and title XIX. clause (iii), a State may provide a premium geted low-income child provided a premium ‘‘(2) 10 PERCENT SET ASIDE FOR NATIONAL EN- assistance subsidy directly to an employer or assistance subsidy in accordance with this ROLLMENT CAMPAIGN.—An amount equal to 10 as reimbursement to an employee for out-of- paragraph who loses eligibility for such sub- percent of such amounts for the fiscal year pocket expenditures. sidy shall not be treated as having been en- shall be used by the Secretary for expendi- ‘‘(iii) REQUIREMENT FOR DIRECT PAYMENT TO rolled in private health insurance coverage tures during the fiscal year to carry out a EMPLOYEE.—A State shall not pay a premium for purposes of applying any waiting period national enrollment campaign in accordance assistance subsidy directly to the employee, imposed under the State child health plan or with subsection (g). unless the State has established procedures the State plan under title XIX for the enroll- ‘‘(b) AWARD OF GRANTS.— to ensure that the targeted low-income child ment of the child under such plan. ‘‘(1) PRIORITY FOR AWARDING.— on whose behalf such payments are made are ‘‘(G) ASSURANCE OF SPECIAL ENROLLMENT ‘‘(A) IN GENERAL.—In awarding grants actually enrolled in the qualified employer PERIOD UNDER GROUP HEALTH PLANS IN CASE under subsection (a), the Secretary shall give sponsored coverage. OF ELIGIBILITY FOR PREMIUM SUBSIDY ASSIST- priority to eligible entities that— ‘‘(iv) TREATMENT AS CHILD HEALTH ASSIST- ANCE.—No payment shall be made under sub- ‘‘(i) propose to target geographic areas ANCE.—Expenditures for the provision of pre- section (a) for amounts expended for the pro- with high rates of— mium assistance subsidies shall be consid- vision of premium assistance subsidies under ‘‘(I) eligible but unenrolled children, in- ered child health assistance described in this paragraph unless a State provides assur- cluding such children who reside in rural paragraph (1)(C) of subsection (a) for pur- ances to the Secretary that the State has in areas; or poses of making payments under that sub- effect laws requiring a group health plan, a ‘‘(II) racial and ethnic minorities and section. health insurance issuer offering group health health disparity populations, including those ‘‘(v) STATE OPTION TO REQUIRE ACCEPTANCE insurance coverage in connection with a proposals that address cultural and lin- OF SUBSIDY.—A State may condition the pro- group health plan, and a self-funded health guistic barriers to enrollment; and vision of child health assistance under the plan, to permit an employee who is eligible, ‘‘(ii) submit the most demonstrable evi- State child health plan for a targeted low-in- but not enrolled, for coverage under the dence required under paragraphs (1) and (2) come child on the receipt of a premium as- terms of the plan (or a child of such an em- of subsection (c).

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‘‘(B) 10 PERCENT SET ASIDE FOR OUTREACH TO ‘‘(2) FEDERAL HEALTH SAFETY NET ORGANI- ‘‘(4) the establishment of joint public INDIAN CHILDREN.—An amount equal to 10 ZATION.—The term ‘Federal health safety net awareness outreach initiatives with the Sec- percent of the funds appropriated under sub- organization’ means— retary of Education and the Secretary of section (f) for a fiscal year shall be used by ‘‘(A) a Federally-qualified health center (as Labor regarding the importance of health in- the Secretary to award grants to Indian defined in section 1905(l)(2)(B)); surance to building strong communities and Health Service providers and urban Indian ‘‘(B) a hospital defined as a dispropor- the economy; organizations receiving funds under title V tionate share hospital for purposes of section ‘‘(5) the development of special outreach of the Indian Health Care Improvement Act 1923; materials for Native Americans or for indi- (25 U.S.C. 1651 et seq.) for outreach to, and ‘‘(C) a covered entity described in section viduals with limited English proficiency; and enrollment of, children who are Indians. 340B(a)(4) of the Public Health Service Act ‘‘(6) such other outreach initiatives as the ‘‘(2) 2-YEAR AVAILABILITY.—A grant award- (42 U.S.C. 256b(a)(4)); and Secretary determines would increase public ed under this section for a fiscal year shall ‘‘(D) any other entity or consortium that awareness of the programs under this title remain available for expenditure through the serves children under a federally-funded pro- and title XIX.’’. end of the succeeding fiscal year. gram, including the special supplemental nu- (b) NONAPPLICATION OF ADMINISTRATIVE EX- ‘‘(c) APPLICATION.—An eligible entity that trition program for women, infants, and chil- PENDITURES CAP.—Section 2105(c)(2) of the desires to receive a grant under subsection dren (WIC) established under section 17 of Social Security Act (42 U.S.C. 1397ee(c)(2)) is (a) shall submit an application to the Sec- the Child Nutrition Act of 1966 (42 U.S.C. amended by adding at the end the following: retary in such form and manner, and con- 1786), the head start and early head start pro- ‘‘(C) NONAPPLICATION TO EXPENDITURES FOR taining such information, as the Secretary grams under the Head Start Act (42 U.S.C. OUTREACH AND ENROLLMENT.—The limitation may decide. Such application shall include— 9801 et seq.), the school lunch program estab- under subparagraph (A) shall not apply with ‘‘(1) evidence demonstrating that the enti- lished under the Richard B. Russell National respect to expenditures for outreach activity includes members who have access to, and School Lunch Act, and an elementary or sec- ties under section 2102(c)(1), or for enroll- credibility with, ethnic or low-income popu- ondary school. ment activities, for children eligible for lations in the communities in which activi- ‘‘(3) INDIANS; INDIAN TRIBE; TRIBAL ORGANI- child health assistance under the State child ties funded under the grant are to be con- ZATION; URBAN INDIAN ORGANIZATION.—The health plan or medical assistance under the ducted; terms ‘Indian’, ‘Indian tribe’, ‘tribal organi- State plan under title XIX.’’. ‘‘(2) evidence demonstrating that the enti- zation’, and ‘urban Indian organization’ have SEC. 4. EXPANSION OF CHILD HEALTH CARE IN- ty has the ability to address barriers to en- the meanings given such terms in section 4 SURANCE COVERAGE THROUGH TAX rollment, such as lack of awareness of eligi- of the Indian Health Care Improvement Act FAIRNESS. bility, stigma concerns and punitive fears as- (25 U.S.C. 1603). (a) IN GENERAL.—Subpart C of part IV of sociated with receipt of benefits, and other ‘‘(4) COMMUNITY HEALTH WORKER.—The subchapter A of chapter 1 of the Internal cultural barriers to applying for and receiv- term ‘community health worker’ means an Revenue Code of 1986 (relating to refundable ing child health assistance or medical assist- individual who promotes health or nutrition credits) is amended by redesignating section ance; within the community in which the indi- 36 as section 37 and by inserting after section ‘‘(3) specific quality or outcomes perform- vidual resides— 35 the following new section: ance measures to evaluate the effectiveness ‘‘(A) by serving as a liaison between com- ‘‘SEC. 36. CHILD HEALTH INSURANCE COSTS. of activities funded by a grant awarded munities and health care agencies; ‘‘(a) IN GENERAL.—In the case of an eligible under this section; and ‘‘(B) by providing guidance and social as- taxpayer, there shall be allowed as a credit ‘‘(4) an assurance that the eligible entity sistance to community residents; against the tax imposed by this subtitle an shall— ‘‘(C) by enhancing community residents’ amount equal to— ‘‘(A) conduct an assessment of the effec- ability to effectively communicate with ‘‘(1) the amount paid by the taxpayer dur- tiveness of such activities against the per- health care providers; ing the taxable year for qualified health in- formance measures; ‘‘(D) by providing culturally and linguis- surance for any dependent child of such tax- ‘‘(B) cooperate with the collection and re- tically appropriate health or nutrition edu- payer, plus porting of enrollment data and other infor- cation; ‘‘(2) if such amount does not exceed the mation in order for the Secretary to conduct ‘‘(E) by advocating for individual and com- limitation under subsection (b), an amount such assessments. munity health or nutrition needs; and equal to such difference and paid by the Sec- ‘‘(C) in the case of an eligible entity that is ‘‘(F) by providing referral and followup retary into a designated account of the tax- not the State, provide the State with enroll- services. payer for the sole benefit of such dependent ment data and other information as nec- ‘‘(f) APPROPRIATION.— child. essary for the State to make necessary pro- ‘‘(1) IN GENERAL.—There is appropriated, ‘‘(b) LIMITATIONS.— jections of eligible children and pregnant out of any money in the Treasury not other- ‘‘(1) IN GENERAL.—The amount allowed as a women. wise appropriated, for the purpose of award- credit under subsection (a) to an eligible tax- ‘‘(d) SUPPLEMENT, NOT SUPPLANT.—Federal ing grants under this section $100,000,000 for payer for the taxable year shall not exceed funds awarded under this section shall be each of fiscal years 2008 through 2012. the sum of the monthly limitations for cov- used to supplement, not supplant, non-Fed- ‘‘(2) GRANTS IN ADDITION TO OTHER AMOUNTS erage months during such taxable year for eral funds that are otherwise available for PAID.—Amounts appropriated and paid under the individual referred to in subsection (a) activities funded under this section. the authority of this section shall be in addi- for whom such taxpayer paid during the tax- ‘‘(e) DEFINITIONS.—In this section: tion to amounts appropriated under section able year any amount for coverage under ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible 2104 and paid to States in accordance with qualified health insurance. entity’ means any of the following: section 2105, including with respect to ex- ‘‘(2) MONTHLY LIMITATION.—The monthly ‘‘(A) A State with an approved child health penditures for outreach activities in accord- limitation for an individual for each cov- plan under this title. ance with subsections (a)(1)(D)(iii) and erage month of such individual during the ‘‘(B) A local government. (c)(2)(C) of that section. taxable year is the amount equal to 1⁄12th of ‘‘(C) An Indian tribe or tribal consortium, ‘‘(g) NATIONAL ENROLLMENT CAMPAIGN.— $1,200. a tribal organization, an urban Indian orga- From the amounts made available under sub- ‘‘(3) COVERAGE MONTH.—For purposes of nization receiving funds under title V of the section (a)(2) for a fiscal year, the Secretary this subsection— Indian Health Care Improvement Act (25 shall develop and implement a national en- ‘‘(A) IN GENERAL.—The term ‘coverage U.S.C. 1651 et seq.), or an Indian Health Serv- rollment campaign to improve the enroll- month’ means, with respect to an individual, ice provider. ment of underserved child populations in the any month if— ‘‘(D) A Federal health safety net organiza- programs established under this title and ‘‘(i) as of the first day of such month such tion. title XIX. Such campaign may include— individual is covered by qualified health in- ‘‘(E) A State, national, local, or commu- ‘‘(1) the establishment of partnerships with surance, and nity-based public or nonprofit private orga- the Secretary of Education and the Sec- ‘‘(ii) the premium for coverage under such nization. retary of Agriculture to develop national insurance for such month is paid by an eligi- ‘‘(F) A faith-based organization or con- campaigns to link the eligibility and enroll- ble taxpayer. sortia, to the extent that a grant awarded to ment systems for the assistance programs ‘‘(B) MEDICARE AND MEDICAID.—Such term such an entity is consistent with the require- each Secretary administers that often serve shall not include any month with respect to ments of section 1955 of the Public Health the same children; an individual if, as of the first day of such Service Act (42 U.S.C. 300x–65) relating to a ‘‘(2) the integration of information about month, such individual— grant award to non-governmental entities. the programs established under this title and ‘‘(i) is entitled to any benefits under title ‘‘(G) An elementary or secondary school. title XIX in public health awareness cam- XVIII of the Social Security Act, or ‘‘(H) A national, local, or community-based paigns administered by the Secretary; ‘‘(ii) is a participant in the program under public or nonprofit private organization, in- ‘‘(3) increased financial and technical sup- title XIX or XXI of such Act. cluding organizations that use community port for enrollment hotlines maintained by ‘‘(C) CERTAIN OTHER COVERAGE.—Such term health workers or community-based doula the Secretary to ensure that all States par- shall not include any month during a taxable programs. ticipate in such hotlines; year with respect to an individual if, at any

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time during such year, any benefit is pro- ‘‘(2) DEPENDENT.—The term ‘dependent’ has ‘‘(b) FORM AND MANNER OF RETURNS.—A re- vided to such individual under— the meaning given such term by section 152. turn is described in this subsection if such ‘‘(i) chapter 89 of title 5, United States An individual to whom section 152(e) applies return— Code, or shall be treated as a dependent of the custo- ‘‘(1) is in such form as the Secretary may ‘‘(ii) any medical care program under the dial parent for a coverage month unless the prescribe, and Indian Health Care Improvement Act. custodial and noncustodial parent provide ‘‘(2) contains— ‘‘(D) INSUFFICIENT PRESENCE IN UNITED otherwise. ‘‘(A) the name, address, and TIN of the in- STATES.—Such term shall not include any ‘‘(3) CHILD.—The term ‘child’ means a dividual from whom payments described in month during a taxable year with respect to qualifying child (as defined in section 152(c). subsection (a) were received, an individual if such individual is present in ‘‘(f) SPECIAL RULES.— ‘‘(B) the name, address, and TIN of each in- the United States on fewer than 183 days dur- ‘‘(1) COORDINATION WITH MEDICAL DEDUC- dividual who was provided by such person ing such year (determined in accordance TION, ETC.—Any amount paid by an eligible with coverage under creditable health insur- with section 7701(b)(7)). taxpayer for insurance to which subsection ance by reason of such payments and the pe- ‘‘(c) QUALIFIED HEALTH INSURANCE.—For (a) applies shall not be taken into account in riod of such coverage, and purposes of this section— computing the amount allowable to such ‘‘(C) such other information as the Sec- ‘‘(1) IN GENERAL.—The term ‘qualified taxpayer as a credit under section 35 or as a retary may reasonably prescribe. health insurance’ means insurance which deduction under section 213(a) or 162(l). constitutes medical care as defined in sec- ‘‘(c) CREDITABLE HEALTH INSURANCE.—For ‘‘(2) DENIAL OF CREDIT TO DEPENDENTS.—No purposes of this section, the term ‘creditable tion 213(d) without regard to— credit shall be allowed under this section to ‘‘(A) paragraph (1)(C) thereof, and health insurance’ means qualified health in- any individual with respect to whom a de- surance (as defined in section 36(c)). ‘‘(B) so much of paragraph (1)(D) thereof as duction under section 151 is allowable to an- relates to qualified long-term care insurance other taxpayer for a taxable year beginning ‘‘(d) STATEMENTS TO BE FURNISHED TO IN- contracts. in the calendar year in which such individ- DIVIDUALS WITH RESPECT TO WHOM INFORMA- ‘‘(2) EXCLUSION OF CERTAIN OTHER CON- ual’s taxable year begins. TION IS REQUIRED.—Every person required to TRACTS.—Such term shall not include insur- make a return under subsection (a) shall fur- ‘‘(3) MARRIED COUPLES MUST FILE JOINT RE- ance if a substantial portion of its benefits nish to each individual whose name is re- TURN.— are excepted benefits (as defined in section quired under subsection (b)(2)(A) to be set ‘‘(A) IN GENERAL.—If an eligible taxpayer is 9832(c)). married at the close of the taxable year, the forth in such return a written statement ‘‘(d) DESIGNATED ACCOUNTS.— credit shall be allowed under subsection (a) showing— ‘‘(1) DESIGNATED ACCOUNT.—For purposes of ‘‘(1) the name and address of the person re- this section, the term ‘designated account’ only if the taxpayer and his spouse file a joint return for the taxable year. quired to make such return and the phone means any specified account established and number of the information contact for such ‘‘(B) MARITAL STATUS; CERTAIN MARRIED IN- maintained by the provider of an eligible person, taxpayer’s qualified health insurance— DIVIDUALS LIVING APART.—Rules similar to the rules of paragraphs (3) and (4) of section ‘‘(2) the aggregate amount of payments de- ‘‘(A) which is designated by the taxpayer scribed in subsection (a) received by the per- (in such form and manner as the Secretary 21(e) shall apply for purposes of this paragraph. son required to make such return from the may provide) on the return of tax for the individual to whom the statement is re- taxable year, and ‘‘(4) VERIFICATION OF COVERAGE, ETC.—No credit shall be allowed under this section quired to be furnished, and ‘‘(B) which, under the terms of the ac- ‘‘(3) the information required under sub- count, accepts the payment described in sub- with respect to any individual unless such individual’s coverage (and such related infor- section (b)(2)(B) with respect to such pay- paragraph (A) on behalf of the taxpayer. ments. ‘‘(2) SPECIFIED ACCOUNT.—For purposes of mation as the Secretary may require) is this paragraph, the term ‘specified account’ verified in such manner as the Secretary The written statement required under the means— may prescribe. preceding sentence shall be furnished on or ‘‘(A) any health savings account under sec- ‘‘(5) INSURANCE WHICH COVERS OTHER INDI- before January 31 of the year following the tion 223 or Archer MSA under section 220, or VIDUALS; TREATMENT OF PAYMENTS.—Rules calendar year for which the return under ‘‘(B) any health insurance reserve account. similar to the rules of paragraphs (7) and (8) subsection (a) is required to be made. of section 35(g) shall apply for purposes of ‘‘(3) HEALTH INSURANCE RESERVE ACCOUNT.— ‘‘(e) RETURNS WHICH WOULD BE REQUIRED this section. For purposes of this subsection, the term TO BE MADE BY 2 OR MORE PERSONS.—Except ‘‘(6) ELECTION NOT TO CLAIM CREDIT.—This ‘health insurance reserve account’ means a to the extent provided in regulations pre- section shall not apply to an eligible tax- trust created or organized in the United scribed by the Secretary, in the case of any payer for any taxable year if such taxpayer States as a health insurance reserve account amount received by any person on behalf of elects to have this section not apply for such exclusively for the purpose of paying the another person, only the person first receiv- taxable year. qualified medical expenses (within the meaning such amount shall be required to make ‘‘(g) COORDINATION WITH ADVANCE PAY- ing of section 223(d)(2)) of the account bene- the return under subsection (a).’’. MENTS.—With respect to any taxable year, ficiary (as defined in section 223(d)(3)), but (2) ASSESSABLE PENALTIES.— the amount which would (but for this sub- only if the written governing instrument (A) Subparagraph (B) of section 6724(d)(1) section) be allowed as a credit to an eligible creating the trust meets the requirements of such Code (relating to definitions) is taxpayer under subsection (a) shall be re- described in subparagraphs (B), (C), (D), and amended by redesignating clauses (xv) duced (but not below zero) by the aggregate (E) of section 223(d)(1). Rules similar to the through (xx) as clauses (xvi) through (xxi), amount paid on behalf of such taxpayer rules under subsections (g) and (h) of section respectively, and by inserting after clause under section 7527A for months beginning in 408 shall apply for purposes of this subpara- (xi) the following new clause: such taxable year. graph. ‘‘(xv) section 6050W (relating to returns re- ‘‘(h) CREDIT INCLUDED IN GROSS INCOME.— ‘‘(4) TREATMENT OF PAYMENT.—Any pay- lating to payments for qualified health in- Gross income includes the amount of the ment under subsection (a)(2) to a designated surance),’’. credit allowed to an eligible taxpayer under account shall— (B) Paragraph (2) of section 6724(d) of such this section.’’. ‘‘(A) not be taken into account with re- Code is amended by striking the period at spect to any dollar limitation which applies (b) INFORMATION REPORTING.— the end of subparagraph (CC) and inserting ‘‘, with respect to contributions to such ac- (1) IN GENERAL.—Subpart B of part III of or’’ and by adding at the end the following count (or to tax benefits with respect to such subchapter A of chapter 61 of the Internal new subparagraph: contributions), Revenue Code of 1986 (relating to informa- ‘‘(DD) section 6050W(d) (relating to returns ‘‘(B) be includible in the gross income of an tion concerning transactions with other per- relating to payments for qualified health ineligible taxpayer for the taxable year in sons) is amended by inserting after section surance).’’. 6050V the following new section: which the payment is made (except as pro- (3) CLERICAL AMENDMENT.—The table of vided in subparagraph (C)), and ‘‘SEC. 6050W. RETURNS RELATING TO PAYMENTS sections for subpart B of part III of sub- ‘‘(C) be taken into account in determining FOR QUALIFIED HEALTH INSUR- chapter A of chapter 61 of such Code is any deduction or exclusion from gross in- ANCE. amended by inserting after the item relating come in the same manner as if such con- ‘‘(a) IN GENERAL.—Any person who, in con- to section 6050V the following new item: tribution were made by such taxpayer. nection with a trade or business conducted ‘‘(e) ELIGIBLE TAXPAYER; DEPENDENT; by such person, receives payments during ‘‘Sec. 6050W. Returns relating to payments CHILD.—For purposes of this section— any calendar year from any individual for for qualified health insur- ‘‘(1) ELIGIBLE TAXPAYER.—The term ‘eligi- coverage of such individual or any other in- ance.’’. ble taxpayer’means any taxpayer whose individual under creditable health insurance, (c) ADVANCE PAYMENT OF CREDIT FOR PUR- come exceeds 200 percent but not 300 percent shall make the return described in sub- CHASERS OF QUALIFIED HEALTH INSURANCE.— of the poverty level applicable to a family of section (b) (at such time as the Secretary (1) IN GENERAL.—Chapter 77 of the Internal the size involved, as determined in accord- may by regulations prescribe) with respect Revenue Code of 1986 (relating to miscella- ance with criteria established by the Direc- to each individual from whom such pay- neous provisions) is amended by adding at tor of the Office of Management and Budget. ments were received. the end the following new section:

VerDate Aug 31 2005 03:09 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\CR\FM\A26SE6.080 S26SEPT1 hmoore on PRODPC68 with HMSENATE September 26, 2007 CONGRESSIONAL RECORD — SENATE S12163 ‘‘SEC. 7529. ADVANCE PAYMENT OF HEALTH IN- shall not exceed $20,000 per employee. (iii) two members of a State legislature to SURANCE CREDIT FOR PURCHASERS ‘‘(2) MEDICAL CARE DEFINED.—For purposes be appointed by the National Conference of OF QUALIFIED HEALTH INSURANCE. of paragraph (1), the term ‘medical care’ has State Legislators on a bipartisan basis; ‘‘(a) GENERAL RULE.—In the case of an eli- the meaning given to such term in section (iv) two county officials to be appointed by gible individual, the Secretary shall make 213(d) determined without regard to— the National Association of Counties on a bi- payments to the provider of such individual’s ‘‘(A) paragraph (1)(C) thereof, and partisan basis; qualified health insurance equal to such in- ‘‘(B) so much of paragraph (1)(D) thereof as (v) two mayors to be appointed by the dividual’s qualified health insurance credit relates to qualified long-term care insur- United States Conference of Mayors and the advance amount with respect to such pro- ance.’’. National League of Cities on a joint and bi- vider. (b) EFFECTIVE DATE.—The amendment partisan basis; ‘‘(b) ELIGIBLE INDIVIDUAL.—For purposes of made by this section shall apply to taxable (vi) two individuals to be appointed by the this section, the term ‘eligible individual’ years beginning after December 31, 2007. Speaker of the House of Representatives; means any individual— SEC. 6. STATE HEALTH REFORM PROJECTS. (vii) two individuals to be appointed by the ‘‘(1) who purchases qualified health insur- minority leader of the House of Representa- (a) PURPOSE; ESTABLISHMENT OF STATE ance (as defined in section 36(c)), and tives; HEALTH CARE EXPANSION AND IMPROVEMENT ‘‘(2) for whom a qualified health insurance (viii) two individuals to be appointed by PROGRAM.—The purposes of the programs ap- credit eligibility certificate is in effect. the majority leader of the Senate; proved under this section shall include, but ‘‘(c) QUALIFIED HEALTH INSURANCE CREDIT (ix) two individuals to be appointed by the not be limited to— ELIGIBILITY CERTIFICATE.—For purposes of minority leader of the Senate; and (1) achieving the goals of increased health this section, a qualified health insurance (x) two individuals who are members of coverage and access; credit eligibility certificate is a statement federally-recognized Indian tribes to be ap- (2) ensuring that patients receive high- furnished by an individual to the Secretary pointed on a bipartisan basis by the National quality, appropriate health care; which— Congress of American Indians; (3) improving the efficiency of health care ‘‘(1) certifies that the individual will be eli- (B) upon approval of 2⁄3 of the members of spending; and gible to receive the credit provided by sec- the Commission, provide the States with a (4) testing alternative reforms, such as tion 36 for the taxable year, variety of reform options for their applica- building on the public or private health sys- ‘‘(2) estimates the amount of such credit tions, such as tax credit approaches, expan- tems, or creating new systems, to achieve for such taxable year, and sions of public programs such as medicaid the objectives of this Act. ‘‘(3) provides such other information as the and the State Children’s Health Insurance (b) APPLICATIONS BY STATES, LOCAL GOV- Secretary may require for purposes of this Program, the creation of purchasing pooling ERNMENTS, AND TRIBES.— section. arrangements similar to the Federal Em- (1) ENTITIES THAT MAY APPLY.— ‘‘(d) QUALIFIED HEALTH INSURANCE CREDIT ployees Health Benefits Program, individual (A) IN GENERAL.—A State, in consultation ADVANCE AMOUNT.—For purposes of this sec- market purchasing options, single risk pool with local governments, Indian tribes, and tion, the term ‘qualified health insurance or single payer systems, health savings ac- Indian organizations involved in the provi- credit advance amount’ means, with respect counts, a combination of the options de- sion of health care, may apply for a State to any provider of qualified health insurance, scribed in this clause, or other alternatives health care expansion and improvement pro- the Secretary’s estimate of the amount of determined appropriate by the Commission, gram for the entire State (or for regions of credit allowable under section 36 to the indi- including options suggested by States, In- the State) under paragraph (2). vidual for the taxable year which is attrib- dian tribes, or the public; (B) REGIONAL GROUPS.—A regional entity utable to the insurance provided to the indi- (C) establish, in collaboration with a quali- consisting of more than one State may apply vidual by such provider. fied and independent organization such as for a multi-State health care expansion and ‘‘(e) REGULATIONS.—The Secretary shall the Institute of Medicine, minimum perform- prescribe such regulations as may be nec- improvement program for the entire region ance measures and goals with respect to cov- essary to carry out the purposes of this sec- involved under paragraph (2). erage, quality, and cost of State programs, EFINITION.—In this Act, the term tion.’’. (C) D as described under subsection (d)(1); ‘‘State’’ means the 50 States, the District of (2) CLERICAL AMENDMENT.—The table of (D) conduct a thorough review of the grant sections for chapter 77 of such Code is Columbia, and the Commonwealth of Puerto application from a State and carry on a dia- amended by adding at the end the following Rico. Such term shall include a regional en- logue with all State applicants concerning new item: tity described in subparagraph (B). possible modifications and adjustments; (2) SUBMISSION OF APPLICATION.—In accord- (E) submit the recommendations and legis- ‘‘Sec. 7529. Advance payment of health in- ance with this section, each State desiring to lative proposal described in subsection surance credit for purchasers of implement a State health care expansion (d)(4)(B); qualified health insurance.’’. and improvement program may submit an (F) be responsible for monitoring the sta- (d) CONFORMING AMENDMENTS.— application to the State Health Innovation tus and progress achieved under program or (1) Paragraph (2) of section 1324(b) of title Commission under subsection (c) (referred to projects granted under this section; 31, United States Code, is amended by insert- in this section as the ‘‘Commission’’) for ap- (G) report to the public concerning ing before the period ‘‘, or from section 36 of proval. progress made by States with respect to the such Code’’. (3) LOCAL GOVERNMENT APPLICATIONS.— performance measures and goals established (2) The table of sections for subpart C of (A) IN GENERAL.—Where a State declines to under this Act, the periodic progress of the part IV of subchapter A of chapter 1 of the submit an application under this section, a State relative to its State performance Internal Revenue Code of 1986 is amended by unit of local government of such State, or a measures and goals, and the State program striking the last item and inserting the fol- consortium of such units of local govern- application procedures, by region and State lowing new items: ments, may submit an application directly jurisdiction; ‘‘Sec. 36. Health insurance costs. to the Commission for programs or projects (H) promote information exchange between ‘‘Sec. 37. Overpayments of tax.’’. under this subsection. Such an application States and the Federal Government; and (e) EFFECTIVE DATE.—The amendments shall be subject to the requirements of this (I) be responsible for making recommenda- made by this section shall apply to taxable section. tions to the Secretary and the Congress, years beginning after December 31, 2007. (B) OTHER APPLICATIONS.—Subject to such using equivalency or minimum standards, SEC. 5. LIMITATION ON EMPLOYER-PROVIDED additional guidelines as the Secretary may for minimizing the negative effect of State HEALTH CARE COVERAGE. prescribe, a unit of local government, Indian program on national employer groups, pro- (a) IN GENERAL.—Section 106 of the Inter- tribe, or Indian health organization may sub- vider organizations, and insurers because of nal Revenue Code of 1986 (relating to con- mit an application under this section, wheth- differing State requirements under the pro- tributions by employer to accident and er or not the State submits such an applica- grams. health plans) is amended by adding at the tion, if such unit of local government can (2) PERIOD OF APPOINTMENT; REPRESENTA- end the following new subsection: demonstrate unique demographic needs or a TION REQUIREMENTS; VACANCIES.—Members ‘‘(e) LIMITATION ON EMPLOYER-PROVIDED significant population size that warrants a shall be appointed for a term of 5 years. In HEALTH CARE COVERAGE.— substate program under this subsection. appointing such members under paragraph ‘‘(1) IN GENERAL.—The amount of any ex- (c) STATE HEALTH INNOVATION COMMIS- (1)(A), the designated appointing individuals clusion under subsection (a) for any taxable SION.— shall ensure the representation of urban and year with respect to— (1) IN GENERAL.—Within 90 days after the rural areas and an appropriate geographic ‘‘(A) any employer-provided coverage date of the enactment of this Act, the Sec- distribution of such members. Any vacancy under an accident or health plan which con- retary shall establish a State Health Innova- in the Commission shall not affect its pow- stitutes medical care, and tion Commission that shall— ers, but shall be filled in the same manner as ‘‘(B) any employer contribution to an Ar- (A) be comprised of— the original appointment. cher MSA or a health savings account which (i) the Secretary; (3) CHAIRPERSON, MEETINGS.— is treated by subsection (b) or (d) as em- (ii) four State governors to be appointed by (A) CHAIRPERSON.—The Commission shall ployer-provided coverage for medical ex- the National Governors Association on a bi- select a Chairperson from among its mem- penses under an accident or health plan, partisan basis; bers.

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(B) QUORUM.—A majority of the members interruption or loss of civil service status or such reports as the Secretary or Commission of the Commission shall constitute a privilege. may require to carry out program evalua- quorum, but a lesser number of members (E) TEMPORARY AND INTERMITTENT SERV- tions. may hold hearings. ICES.—The Chairperson of the Commission (D) HEALTH INFORMATION TECHNOLOGY.— (C) MEETINGS.—Not later than 30 days after may procure temporary and intermittent With respect to health information tech- the date on which all members of the Com- services under section 3109(b) of title 5, nology, the State plan shall provide method- mission have been appointed, the Commis- United States Code, at rates for individuals ology for the appropriate use of health infor- sion shall hold its first meeting. The Com- which do not exceed the daily equivalent of mation technology to improve infrastruc- mission shall meet at the call of the Chair- the annual rate of basic pay prescribed for ture, such as improving the availability of person. level V of the Executive Schedule under sec- evidence-based medical and outcomes data (4) POWERS OF THE COMMISSION.— tion 5316 of such title. to providers and patients, as well as other (A) NEGOTIATIONS WITH STATES.—The Com- (6) FUNDING.—For the purpose of carrying health information (such as electronic mission may conduct detailed discussions out this subsection, there are authorized to health records, electronic billing, and elec- and negotiations with States submitting ap- be appropriated $3,000,000 for fiscal year 2007 tronic prescribing). plications under this section, either individ- and each fiscal year thereafter. (2) TECHNICAL ASSISTANCE.—The Secretary (d) REQUIREMENTS FOR PROGRAMS.— ually or in groups, to facilitate a final set of shall, if requested, provide technical assist- (1) STATE PLAN.—A State that seeks to re- recommendations for purposes of subsection ance to States to assist such States in devel- ceive a grant under subsection (f) to operate (d)(4)(B). Such negotiations shall include oping applications and plans under this sec- a program under this section shall prepare consultations with Indian tribes, and be con- tion, including technical assistance by pri- and submit to the Commission, as part of the vate sector entities if determined appro- ducted in a public forum. application under subsection (b), a State (B) HEARINGS.—The Commission may hold priate by the Commission. health care plan that shall have as its goal (3) INITIAL REVIEW.—With respect to a such hearings, sit and act at such times and improvements in coverage, quality and costs. places, take such testimony, and receive State application for a grant under sub- To achieve such goal, the State plan shall section (b), the Secretary and the Commis- such evidence as the Commission considers comply with the following: advisable to carry out the purposes of this sion shall complete an initial review of such (A) COVERAGE.—With respect to coverage, State application within 60 days of the re- subsection. the State plan shall— (C) MEETINGS.—In addition to other meet- ceipt of such application, analyze the scope (i) provide and describe the manner in of the proposal, and determine whether addi- ings the Commission may hold, the Commis- which the State will ensure that an in- tional information is needed from the State. sion shall hold an annual meeting with the creased number of individuals residing with- The Commission shall advise the State with- participating States under this section for in the State will have expanded access to in such period of the need to submit addi- the purpose of having States report progress health care coverage with a specific 5-year tional information. toward the purposes in subsection (a)(1) and target for reduction in the number of unin- (4) FINAL DETERMINATION.— for an exchange of information. sured individuals through either private or (A) IN GENERAL.—Not later than 90 days (D) INFORMATION.—The Commission may public program expansion, or both, in ac- after completion of the initial review under secure directly from any Federal department cordance with the options established by the paragraph (3), the Commission shall deter- or agency such information as the Commis- Commission; mine whether to submit a State proposal to sion considers necessary to carry out the (ii) describe the number and percentage of Congress for approval. provisions of this subsection. Upon request current uninsured individuals who will of the Chairperson of the Commission, the achieve coverage under the State health pro- (B) VOTING.— head of such department or agency shall fur- gram; (i) IN GENERAL.—The determination to sub- nish such information to the Commission if (iii) describe the minimum benefits pack- mit a State proposal to Congress under sub- 2 the head of the department or agency in- age that will be provided to all classes of paragraph (A) shall be approved by ⁄3 of the volved determines it appropriate. beneficiaries under the State health pro- members of the Commission who are eligible (E) POSTAL SERVICES.—The Commission gram; to participate in such determination subject may use the United States mails in the same (iv) identify Federal, State, or local and to clause (ii). manner and under the same conditions as private programs that currently provide (ii) ELIGIBILITY.—A member of the Com- other departments and agencies of the Fed- health care services in the State and de- mission shall not participate in a determina- eral Government. scribe how such programs could be coordi- tion under subparagraph (A) if— (5) PERSONNEL MATTERS.— nated with the State health program, to the (I) in the case of a member who is a Gov- (A) COMPENSATION.—Each member of the extent practicable; and ernor, such determination relates to the Commission who is not an officer or em- (v) provide for improvements in the avail- State of which the member is the Governor; ployee of the Federal Government or of a ability of appropriate health care services or State or local government shall be com- that will increase access to care in urban, (II) in the case of member not described in pensated at a rate equal to the daily equiva- rural, and frontier areas of the State with subclause (I), such determination relates to lent of the annual rate of basic pay pre- medically underserved populations or where the geographic area of a State of which such scribed for level IV of the Executive Sched- there is an inadequate supply of health care member serves as a State or local official. ule under section 5315 of title 5, United providers. (C) SUBMISSION.—Not later than 90 days States Code, for each day (including travel (B) QUALITY.—With respect to quality, the prior to October 1 of each fiscal year, the time) during which such member is engaged State plan shall— Commission shall submit to Congress a list, in the performance of the duties of the Com- (i) provide a plan to improve health care in the form of a legislative proposal, of the mission. All members of the Commission quality in the State, including increasing ef- State applications that the Commission rec- who are officers or employees of the United fectiveness, efficiency, timeliness, patient ommends for approval under this section. States shall serve without compensation in focused, equity while reducing health dis- (D) APPROVAL.—With respect to a fiscal addition to that received for their services as parities, and medical errors; and year, a State proposal that has been rec- officers or employees of the United States. (ii) contain appropriate results-based qual- ommended under subparagraph (B) shall be (B) TRAVEL EXPENSES.—The members of ity indicators established by the Commission deemed to be approved, and subject to the the Commission shall be allowed travel ex- that will be addressed by the State as well as availability of appropriations, Federal funds penses, including per diem in lieu of subsist- State-specific quality indicators. shall be provided to such program, unless a ence, at rates authorized for employees of (C) COSTS.—With respect to costs, the joint resolution has been enacted dis- agencies under subchapter I of chapter 57 of State plan shall— approving such proposal as provided for in title 5, United States Code, while away from (i) provide that the State will develop and subsection (e). Nothing in the preceding sen- their homes or regular places of business in implement systems to improve the efficiency tence shall be construed to include the ap- the performance of services for the Commis- of health care, including a specific 5-year proval of State proposals that involve waiv- sion. target for reducing administrative costs (in- ers or modifications in applicable Federal (C) STAFF.—The Chairperson of the Com- cluding paperwork burdens); law. mission may, without regard to the civil (ii) describe the public and private sector (5) PROGRAM OR PROJECT PERIOD.—A State service laws and regulations, appoint and financing to be provided for the State health program or project may be approved for a pe- terminate an executive director and such program; riod of 5 years and may be extended for sub- other additional personnel as may be nec- (iii) estimate the amount of Federal, sequent 5-year periods upon approval by the essary to enable the Commission to perform State, and local expenditures, as well as, the Commission and the Secretary, based upon its duties. The employment of an executive costs to business and individuals under the achievement of targets, except that a shorter director shall be subject to confirmation by State health program; period may be requested by a State and the Commission. (iv) describe how the State plan will ensure granted by the Secretary. (D) DETAIL OF GOVERNMENT EMPLOYEES.— the financial solvency of the State health (e) EXPEDITED CONGRESSIONAL CONSIDER- Any Federal Government employee may be program; and ATION.— detailed to the Commission without reim- (v) provide that the State will prepare and (1) INTRODUCTION AND COMMITTEE CONSIDER- bursement, and such detail shall be without submit to the Secretary and the Commission ATION.—

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(A) INTRODUCTION.—The legislative pro- (iii) notwithstanding clause (ii), the vote ures relating to health care coverage, qual- posal submitted pursuant to subsection on final passage shall be on the reform bill of ity, and health care costs established under (d)(4)(B) shall be in the form of a joint reso- the other House. this Act through the State project applica- lution (in this subsection referred to as the Upon disposition of a resolution that is re- tion process. ‘‘resolution’’). Such resolution shall be intro- ceived by one House from the other House, it (4) MAINTENANCE OF EFFORT.—A State, in duced in the House of Representatives by the shall no longer be in order to consider the utilizing the proceeds of a grant received Speaker, and in the Senate, by the majority resolution bill that was introduced in the re- under paragraph (1), shall maintain the ex- leader, immediately upon receipt of the lan- ceiving House. penditures of the State for health care cov- guage and shall be referred to the appro- (C) CONSIDERATION IN CONFERENCE.—Imme- erage purposes for the support of direct priate committee of Congress. If the resolu- diately upon a final passage of the resolution health care delivery at a level equal to not tion is not introduced in accordance with the that results in a disagreement between the less than the level of such expenditures preceding sentence, the resolution may be two Houses of Congress with respect to the maintained by the State for the fiscal year introduced in either House of Congress by resolution, conferees shall be appointed and preceding the fiscal year for which the grant any member thereof. a conference convened. Not later than 10 is received. (B) COMMITTEE CONSIDERATION.—A resolu- days after the date on which conferees are (5) REPORT.—At the end of the 5-year pe- tion introduced in the House of Representa- appointed, the conferees shall file a report riod beginning on the date on which the Sec- tives shall be referred to the Committee on with the House of Representatives and the retary awards the first grant under para- Ways and Means of the House of Representa- Senate resolving the differences between the graph (1), the State Health Innovation Advi- tives. A resolution introduced in the Senate Houses on the resolution. Notwithstanding sory Commission established under sub- shall be referred to the Committee on Fi- any other rule of the House of Representa- section (c) shall prepare and submit to the nance of the Senate. Not later than 15 cal- tives or the Senate, it shall be in order to appropriate committees of Congress, a report endar days after the introduction of the reso- immediately consider a report of a com- on the progress made by States receiving lution, the committee of Congress to which mittee of conference on the resolution filed grants under paragraph (1) in meeting the the resolution was referred shall report the in accordance with this subclause. Debate in goals of expanded coverage, improved qual- resolution or a committee amendment there- the House of Representatives and the Senate ity, and cost containment through perform- to. If the committee has not reported such on the conference report shall be limited to ance measures established during the 5-year resolution (or an identical resolution) at the 10 hours, equally divided and controlled by period of the grant. Such report shall con- end of 15 calendar days after its introduction the Speaker of the House of Representatives tain the recommendation of the Commission or at the end of the first day after there has and the minority leader of the House of Rep- concerning any future action that Congress been reported to the House involved a resolu- resentatives or their designees and the ma- should take concerning health care reform, tion, whichever is earlier, such committee jority and minority leaders of the Senate or including whether or not to extend the pro- shall be deemed to be discharged from fur- their designees. A vote on final passage of gram established under this subsection. ther consideration of such reform bill and the conference report shall occur imme- (g) MONITORING AND EVALUATION.— such reform bill shall be placed on the appro- diately at the conclusion or yielding back of (1) ANNUAL REPORTS AND PARTICIPATION BY priate calendar of the House involved. all time for debate on the conference report. STATES.—Each State that has received a pro- (2) EXPEDITED PROCEDURE.— (3) RULES OF THE SENATE AND HOUSE OF REP- gram approval shall— (A) CONSIDERATION.—Not later than 5 days RESENTATIVES.—This subsection is enacted after the date on which a committee has by Congress— (A) submit to the Commission an annual been discharged from consideration of a reso- (A) as an exercise of the rulemaking power report based on the period representing the lution, the Speaker of the House of Rep- of the Senate and House of Representatives, respective State’s fiscal year, detailing com- resentatives, or the Speaker’s designee, or respectively, and is deemed to be part of the pliance with the requirements established by the majority leader of the Senate, or the rules of each House, respectively, but appli- the Commission and the Secretary in the ap- leader’s designee, shall move to proceed to cable only with respect to the procedure to proval and in this section; and the consideration of the committee amend- be followed in that House in the case of a (B) participate in the annual meeting ment to the resolution, and if there is no resolution, and it supersedes other rules only under subsection (c)(4)(B). such amendment, to the resolution. It shall to the extent that it is inconsistent with (2) EVALUATIONS BY COMMISSION.—The Com- also be in order for any member of the House such rules; and mission, in consultation with a qualified and of Representatives or the Senate, respec- (B) with full recognition of the constitu- independent organization such as the Insti- tively, to move to proceed to the consider- tional right of either House to change the tute of Medicine, shall prepare and submit to ation of the resolution at any time after the rules (so far as they relate to the procedure the Committee on Finance and the Com- conclusion of such 5-day period. All points of of that House) at any time, in the same man- mittee on Health, Education, Labor, and order against the resolution (and against ner, and to the same extent as in the case of Pensions of the Senate and the Committee consideration of the resolution) are waived. any other rule of that House. on Energy and Commerce, the Committee on A motion to proceed to the consideration of (4) LIMITATION.—The amount of Federal Education and Labor, and the Committee on the resolution is highly privileged in the funds provided with respect to any State pro- Ways and Means of the House of Representa- House of Representatives and is privileged in posal that is deemed approved under sub- tives annual reports that shall contain— the Senate and is not debatable. The motion section (d)(3) shall not exceed the cost pro- (A) a description of the effects of the re- is not subject to amendment, to a motion to vided for such proposals within the concur- forms undertaken in States receiving ap- postpone consideration of the resolution, or rent resolution on the budget as enacted by provals under this section; to a motion to proceed to the consideration Congress for the fiscal year involved. (B) a description of the recommendations of other business. A motion to reconsider the (f) FUNDING.— of the Commission and actions taken based vote by which the motion to proceed is (1) IN GENERAL.—The Secretary shall pro- on these recommendations; agreed to or not agreed to shall not be in vide a grant to a State that has an applica- (C) an evaluation of the effectiveness of order. If the motion to proceed is agreed to, tion approved under subsection (b) to enable such reforms in— the House of Representatives or the Senate, such State to carry out an innovative State (i) expanding health care coverage for as the case may be, shall immediately pro- health program in the State. State residents; ceed to consideration of the resolution with- (2) AMOUNT OF GRANT.—The amount of a (ii) improving the quality of health care out intervening motion, order, or other busi- grant provided to a State under paragraph provided in the States; and ness, and the resolution shall remain the un- (1) shall be determined based upon the rec- (iii) reducing or containing health care finished business of the House of Representa- ommendations of the Commission, subject to costs in the States; tives or the Senate, as the case may be, until the amount appropriated under subsection (D) recommendations regarding the advis- disposed of. (k). ability of increasing Federal financial assist- (B) CONSIDERATION BY OTHER HOUSE.—If, be- (3) PERFORMANCE-BASED FUNDING ALLOCA- ance for State ongoing or future health pro- fore the passage by one House of the resolu- TION AND PRIORITIZATION.—In awarding gram initiatives, including the amount and tion that was introduced in such House, such grants under paragraph (1), the Secretary source of such assistance; and House receives from the other House a reso- shall— (E) as required by the Commission or the lution as passed by such other House— (A) fund a diversity of approaches as pro- Secretary under subsection (f)(5), a periodic, (i) the resolution of the other House shall vided for by the Commission in subsection independent evaluation of the program. not be referred to a committee and may only (c)(1)(B); (h) NONCOMPLIANCE.— be considered for final passage in the House (B) give priority to those State programs (1) CORRECTIVE ACTION PLANS.—If a State is that receives it under clause (iii); that the Commission determines have the not in compliance with a requirement of this (ii) the procedure in the House in receipt of greatest opportunity to succeed in providing section, the Secretary shall develop a correc- the resolution of the other House, with re- expanded health insurance coverage and in tive action plan for such State. spect to the resolution that was introduced providing children, youth, and other vulner- (2) TERMINATION.—For good cause and in in the House in receipt of the resolution of able populations with improved access to consultation with the Commission, the Sec- the other House, shall be the same as if no health care items and services; and retary may revoke any program granted resolution had been received from the other (C) link allocations to the State to the under this section. Such decisions shall be House; and meeting of the goals and performance meas- subject to a petition for reconsideration and

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(iv) Section 1920A (relating to presumptive premium or subscription share than the (2) MAINTENANCE OF EFFORT.—No payment eligibility for children). amount that is paid by the Department of may be made under this section if the State (B) TITLE xi PROVISIONS.— Defense for health benefits for civilian em- adopts criteria for benefits, income, and re- (i) Section 1116 (relating to administrative ployees of the Department under chapter 89 source standards and methodologies for pur- and judicial review), but only insofar as con- of title 5; or poses of determining an individual’s eligi- sistent with this title. ‘‘(iii) offering to such workers a retirement bility for medical assistance under the State (ii) Section 1124 (relating to disclosure of benefit that, in any year, costs less than the plan under title XIX that are more restric- ownership and related information). annual retirement cost factor applicable to tive than those applied as of the date of en- (iii) Section 1126 (relating to disclosure of civilian employees of the Department of De- actment of this Act. information about certain convicted individ- fense under chapter 84 of title 5; and’’. (j) MISCELLANEOUS PROVISIONS.— uals). (b) CONFORMING AMENDMENTS.—Such title (1) APPLICATION OF CERTAIN REQUIRE- (iv) Section 1128A (relating to civil mone- is further amended— MENTS.— tary penalties). (1) by striking section 2467; and (A) RESTRICTION ON APPLICATION OF PRE- (v) Section 1128B(d) (relating to criminal (2) in section 2461— EXISTING CONDITION EXCLUSIONS.— penalties for certain additional charges). (A) by redesignating subsections (b) (i) IN GENERAL.—Subject to subparagraph (vi) Section 1132 (relating to periods within through (d) as subsections (c) through (e); (B), a State shall not permit the imposition which claims must be filed). and of any preexisting condition exclusion for (4) RELATION TO OTHER LAWS.— (B) by inserting after subsection (a) the covered benefits under a program or project (A) HIPAA.—Health benefits coverage pro- following new subsection (b): under this section. vided under a State program or project under ‘‘(b) REQUIREMENT TO CONSULT DOD EM- (ii) GROUP HEALTH PLANS AND GROUP this section shall be treated as creditable PLOYEES.—(1) Each officer or employee of the HEALTH INSURANCE COVERAGE.—If the State coverage for purposes of part 7 of subtitle B Department of Defense responsible for deter- program or project provides for benefits mining under Office of Management and through payment for, or a contract with, a of title I of the Employee Retirement In- come Security Act of 1974, title XXVII of the Budget Circular A–76 whether to convert to group health plan or group health insurance contractor performance any function of the coverage, the program or project may permit Public Health Service Act, and subtitle K of Department of Defense— the imposition of a preexisting condition ex- the Internal Revenue Code of 1986. ‘‘(A) shall, at least monthly during the de- clusion but only insofar and to the extent (B) ERISA.—Nothing in this section shall velopment and preparation of the perform- that such exclusion is permitted under the be construed as affecting or modifying sec- ance work statement and the management applicable provisions of part 7 of subtitle B tion 514 of the Employee Retirement Income efficiency study used in making that deter- of title I of the Employee Retirement In- Security Act of 1974 (29 U.S.C. 1144) with re- mination, consult with civilian employees come Security Act of 1974 and title XXVII of spect to a group health plan (as defined in who will be affected by that determination the Public Health Service Act. section 2791(a)(1) of the Public Health Serv- and consider the views of such employees on (B) COMPLIANCE WITH OTHER REQUIRE- ice Act (42 U.S.C. 300gg–91(a)(1))). (k) AUTHORIZATION OF APPROPRIATIONS.— the development and preparation of that MENTS.—Coverage offered under the program or project shall comply with the require- There is authorized to be appropriated to statement and that study; and ments of subpart 2 of part A of title XXVII carry out this section, such sums as may be ‘‘(B) may consult with such employees on of the Public Health Service Act insofar as necessary in each fiscal year. Amounts ap- other matters relating to that determina- such requirements apply with respect to a propriated for a fiscal year under this sub- tion. ‘‘(2)(A) In the case of employees rep- health insurance issuer that offers group section and not expended may be used in sub- resented by a labor organization accorded ex- health insurance coverage. sequent fiscal years to carry out this section. clusive recognition under section 7111 of title (2) PREVENTION OF DUPLICATIVE PAY- 5, consultation with representatives of that MENTS.— SA 3058. Mr. KENNEDY (for himself, labor organization shall satisfy the consulta- (A) OTHER HEALTH PLANS.—No payment Mrs. MCCASKILL, Mr. LIEBERMAN, Ms. tion requirement in paragraph (1). shall be made to a State under this section MIKULSKI, Mr. AKAKA, Mr. BROWN, and ‘‘(B) In the case of employees other than for expenditures for health assistance pro- employees referred to in subparagraph (A), vided for an individual to the extent that a Mr. DODD) submitted an amendment intended to be proposed to amendment consultation with appropriate representa- private insurer (as defined by the Secretary tives of those employees shall satisfy the by regulation and including a group health SA 2011 proposed by Mr. NELSON of Ne- consultation requirement in paragraph (1). plan (as defined in section 607(1) of the Em- braska (for Mr. LEVIN) to the bill H.R. ‘‘(C) The Secretary of Defense shall pre- ployee Retirement Income Security Act of 1585, to authorize appropriations for scribe regulations to carry out this sub- 1974), a service benefit plan, and a health fiscal year 2008 for military activities section. The regulations shall include provi- maintenance organization) would have been of the Department of Defense, for mili- sions for the selection or designation of ap- obligated to provide such assistance but for tary construction, and for defense ac- propriate representatives of employees re- a provision of its insurance contract which ferred to in subparagraph (B) for purposes of has the effect of limiting or excluding such tivities of the Department of Energy, to prescribe military personnel consultation required by paragraph (1).’’. obligation because the individual is eligible (c) TECHNICAL AMENDMENTS.—Section 2461 for or is provided health assistance under the strengths for such fiscal year, and for of such title, as amended by subsection (a), is plan. other purposes; which was ordered to further amended— (B) OTHER FEDERAL GOVERNMENTAL PRO- lie on the table; as follows: (1) in subsection (a)(1)— GRAMS.—Except as provided in any other pro- At the end of title III, add the following: (A) in subparagraph (B), by inserting after vision of law, no payment shall be made to a SEC. 358. MODIFICATION TO PUBLIC-PRIVATE ‘‘2003’’ the following: ‘‘, or any successor cir- State under this section for expenditures for COMPETITION REQUIREMENTS BE- cular’’; and health assistance provided for an individual FORE CONVERSION TO CON- (B) in subparagraph (D), by striking ‘‘and to the extent that payment has been made or TRACTOR PERFORMANCE. reliability’’ and inserting ‘‘, reliability, and can reasonably be expected to be made (a) COMPARISON OF RETIREMENT SYSTEM timeliness’’; and promptly (as determined in accordance with COSTS.—Section 2461(a)(1) of title 10, United (2) in subsection (c)(2), as redesignated regulations) under any other federally oper- States Code, is amended— under subsection (b)(2), by inserting ‘‘of’’ ated or financed health care insurance pro- (1) in subparagraph (F), by striking ‘‘and’’ after ‘‘examination’’. gram, other than an insurance program oper- at the end; SEC. 359. BID PROTESTS BY FEDERAL EMPLOY- ated or financed by the Indian Health Serv- (2) by redesignating subparagraph (G) as EES IN ACTIONS UNDER OFFICE OF ice, as identified by the Secretary. For pur- subparagraph (H); and MANAGEMENT BUDGET CIRCULAR poses of this paragraph, rules similar to the (3) by inserting after subparagraph (F) the A–76. rules for overpayments under section following new subparagraph (G): (a) ELIGIBILITY TO PROTEST PUBLIC-PRIVATE 1903(d)(2) of the Social Security Act shall ‘‘(G) requires that the contractor shall not COMPETITIONS.—Section 3551(2) of title 31, apply. receive an advantage for a proposal that United States Code, is amended to read as (3) APPLICATION OF CERTAIN GENERAL PROVI- would reduce costs for the Department of De- follows: SIONS.—The following sections of the Social fense by— ‘‘(2) The term ‘interested party’—

VerDate Aug 31 2005 02:20 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\CR\FM\A26SE6.081 S26SEPT1 hmoore on PRODPC68 with HMSENATE September 26, 2007 CONGRESSIONAL RECORD — SENATE S12167 ‘‘(A) with respect to a contract or a solici- SEC. 360. PUBLIC-PRIVATE COMPETITION RE- ance work statement and the management tation or other request for offers described in QUIRED BEFORE CONVERSION TO efficiency study used in making that deter- paragraph (1), means an actual or prospec- CONTRACTOR PERFORMANCE. mination, consult with civilian employees tive bidder or offeror whose direct economic (a) IN GENERAL.—The Office of Federal Pro- who will be affected by that determination interest would be affected by the award of curement Policy Act (41 U.S.C. 403 et seq.) is and consider the views of such employees on the contract or by failure to award the con- amended by adding at the end the following the development and preparation of that tract; and new section: statement and that study; and ‘‘(B) with respect to a public-private com- ‘‘SEC. 43. PUBLIC-PRIVATE COMPETITION RE- ‘‘(B) may consult with such employees on petition conducted under Office of Manage- QUIRED BEFORE CONVERSION TO other matters relating to that determina- ment and Budget Circular A–76 with respect CONTRACTOR PERFORMANCE. tion. to the performance of an activity or function ‘‘(a) PUBLIC-PRIVATE COMPETITION.—(1) A ‘‘(2)(A) In the case of employees rep- of a Federal agency, or a decision to convert function of an executive agency performed resented by a labor organization accorded ex- a function performed by Federal employees by 10 or more agency civilian employees may clusive recognition under section 7111 of title to private sector performance without a not be converted, in whole or in part, to per- 5, consultation with representatives of that competition under Office of Management and formance by a contractor unless the conver- labor organization shall satisfy the consulta- Budget Circular A–76, includes— sion is based on the results of a public-pri- tion requirement in paragraph (1). ‘‘(i) any official who submitted the agency vate competition that— ‘‘(B) In the case of employees other than tender in such competition; and ‘‘(A) formally compares the cost of per- employees referred to in subparagraph (A), ‘‘(ii) any one individual who, for the pur- formance of the function by agency civilian consultation with appropriate representa- pose of representing the Federal employees employees with the cost of performance by a tives of those employees shall satisfy the engaged in the performance of the activity contractor; consultation requirement in paragraph (1). or function for which the public-private com- ‘‘(B) creates an agency tender, including a ‘‘(C) The head of each executive agency petition is conducted in a protest under this most efficient organization plan, in accord- shall prescribe regulations to carry out this subchapter that relates to such public-pri- ance with Office of Management and Budget subsection. The regulations shall include vate competition, has been designated as the Circular A–76, as implemented on May 29, provisions for the selection or designation of agent of the Federal employees by a major- 2003, or any successor circular; appropriate representatives of employees re- ity of such employees.’’. ‘‘(C) includes the issuance of a solicitation; ferred to in paragraph (2)(B) for purposes of (b) EXPEDITED ACTION.— ‘‘(D) determines whether the submitted of- consultation required by paragraph (1). ‘‘(c) CONGRESSIONAL NOTIFICATION.—(1) Be- (1) IN GENERAL.—Subchapter V of chapter fers meet the needs of the executive agency fore commencing a public-private competi- 35 of such title is amended by adding at the with respect to factors other than cost, in- tion under subsection (a), the head of an ex- end the following new section: cluding quality, reliability, and timeliness; ecutive agency shall submit to Congress a re- ‘‘(E) examines the cost of performance of ‘‘SEC. 3557. EXPEDITED ACTION IN PROTESTS OF port containing the following: PUBLIC-PRIVATE COMPETITIONS. the function by agency civilian employees ‘‘(A) The function for which such public- ‘‘For any protest of a public-private com- and the cost of performance of the function private competition is to be conducted. petition conducted under Office of Manage- by one or more contractors to demonstrate ‘‘(B) The location at which the function is ment and Budget Circular A–76 with respect whether converting to performance by a con- performed by agency civilian employees. to the performance of an activity or function tractor will result in savings to the Govern- ‘‘(C) The number of agency civilian em- of a Federal agency, the Comptroller General ment over the life of the contract, includ- shall administer the provisions of this sub- ployee positions potentially affected. ing— ‘‘(D) The anticipated length and cost of the chapter in the manner best suited for expe- ‘‘(i) the estimated cost to the Government diting the final resolution of the protest and public-private competition, and a specific (based on offers received) for performance of identification of the budgetary line item the final action in the public-private com- the function by a contractor; petition.’’. from which funds will be used to cover the ‘‘(ii) the estimated cost to the Government cost of the public-private competition. (2) CLERICAL AMENDMENT.—The chapter for performance of the function by agency ci- analysis at the beginning of such chapter is ‘‘(E) A certification that a proposed per- vilian employees; and formance of the function by a contractor is amended by inserting after the item relating ‘‘(iii) an estimate of all other costs and ex- to section 3556 the following new item: not a result of a decision by an official of an penditures that the Government would incur executive agency to impose predetermined ‘‘3557. Expedited action in protests of public- because of the award of such a contract; constraints or limitations on such employees private competitions.’’. ‘‘(F) requires continued performance of the in terms of man years, end strengths, full- (c) RIGHT TO INTERVENE IN CIVIL ACTION.— function by agency civilian employees unless time equivalent positions, or maximum Section 1491(b) of title 28, United States the difference in the cost of performance of number of employees. Code, is amended by adding at the end the the function by a contractor compared to the ‘‘(2) The report required under paragraph following new paragraph: cost of performance of the function by agen- (1) shall include an examination of the po- ‘‘(5) If an interested party who is a member cy civilian employees would, over all per- tential economic effect of performance of the of the private sector commences an action formance periods required by the solicita- function by a contractor on— described in paragraph (1) with respect to a tion, be equal to or exceed the lesser of— ‘‘(A) agency civilian employees who would public-private competition conducted under ‘‘(i) 10 percent of the personnel-related be affected by such a conversion in perform- Office of Management and Budget Circular costs for performance of that function in the ance; and A–76 regarding the performance of an activ- agency tender; or ‘‘(B) the local community and the Govern- ity or function of a Federal agency, or a de- ‘‘(ii) $10,000,000; and ment, if more than 50 agency civilian em- cision to convert a function performed by ‘‘(G) examines the effect of performance of ployees perform the function. Federal employees to private sector perform- the function by a contractor on the agency ‘‘(3)(A) A representative individual or enti- ance without a competition under Office of mission associated with the performance of ty at a facility where a public-private com- Management and Budget Circular A–76, then the function. petition is conducted may submit to the an interested party described in section ‘‘(2) A function that is performed by the head of the executive agency an objection to 3551(2)(B) of title 31 shall be entitled to inter- executive agency and is reengineered, reor- the public private competition on the vene in that action.’’. ganized, modernized, upgraded, expanded, or grounds that the report required by para- (d) APPLICABILITY.—Subparagraph (B) of changed to become more efficient, but still graph (1) has not been submitted or that the section 3551(2) of title 31, United States Code essentially provides the same service, shall certification required by paragraph (1)(E) is (as added by subsection (a)), and paragraph not be considered a new requirement. not included in the report submitted as a (5) of section 1491(b) of title 28, United States ‘‘(3) In no case may a function being per- condition for the public private competition. Code (as added by subsection (c)), shall apply formed by executive agency personnel be— The objection shall be in writing and shall be to— ‘‘(A) modified, reorganized, divided, or in submitted within 90 days after the following (1) a protest or civil action that challenges any way changed for the purpose of exempt- date: final selection of the source of performance ing the conversion of the function from the ‘‘(i) In the case of a failure to submit the of an activity or function of a Federal agen- requirements of this section; or report when required, the date on which the cy that is made pursuant to a study initiated ‘‘(B) converted to performance by a con- representative individual or an official of the under Office of Management and Budget Cir- tractor to circumvent a civilian personnel representative entity authorized to pose the cular A–76 on or after January 1, 2004; and ceiling. objection first knew or should have known of (2) any other protest or civil action that ‘‘(b) REQUIREMENT TO CONSULT EMPLOY- that failure. relates to a public-private competition initi- EES.—(1) Each civilian employee of an execu- ‘‘(ii) In the case of a failure to include the ated under Office of Management and Budget tive agency responsible for determining certification in a submitted report, the date Circular A–76, or to a decision to convert a under Office of Management and Budget Cir- on which the report was submitted to Con- function performed by Federal employees to cular A–76 whether to convert to contractor gress. private sector performance without a com- performance any function of the executive ‘‘(B) If the head of the executive agency de- petition under Office of Management and agency— termines that the report required by para- Budget Circular A–76, on or after the date of ‘‘(A) shall, at least monthly during the de- graph (1) was not submitted or that the re- the enactment of this Act. velopment and preparation of the perform- quired certification was not included in the

VerDate Aug 31 2005 02:20 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\CR\FM\A26SE6.073 S26SEPT1 hmoore on PRODPC68 with HMSENATE S12168 CONGRESSIONAL RECORD — SENATE September 26, 2007 submitted report, the function for which the Defense of a new Department of Defense ‘‘(4) A military department or defense public-private competition was conducted function; agency may not be required to conduct a for which the objection was submitted may (B) the commencement of the performance public-private competition under Office of not be the subject of a solicitation of offers by civilian employees of the Department of Management and Budget Circular A–76 or for, or award of, a contract until, respec- Defense of any Department of Defense func- any other provision of law at the end of the tively, the report is submitted or a report tion described in subparagraphs (B) through period specified in the performance agree- containing the certification in full compli- (D) of subsection (a)(2); or ment entered into in accordance with this ance with the certification requirement is (C) the expansion of the scope of any De- section for any function of the Department submitted. partment of Defense function performed by of Defense performed by Department of De- ‘‘(d) EXEMPTION FOR THE PURCHASE OF civilian employees of the Department of De- fense civilian employees.’’. PRODUCTS AND SERVICES OF THE BLIND AND fense. OTHER SEVERELY HANDICAPPED PERSONS.— (2) CONSIDERATION OF FEDERAL GOVERNMENT SA 3059. Mr. ALLARD submitted an This section shall not apply to a commercial EMPLOYEES.—The Secretary of Defense shall, amendment intended to be proposed by or industrial type function of an executive to the maximum extent practicable, ensure him to the bill H.R. 976, to amend title agency that— that Federal Government employees are fair- XXI of the Social Security Act to reau- ‘‘(1) is included on the procurement list es- ly considered for the performance of new re- thorize the State Children’s Health In- tablished pursuant to section 2 of the Javits- quirements, with special consideration given surance Program, and for other pur- Wagner-O’Day Act (41 U.S.C. 47); or to new requirements that include functions poses; which was ordered to lie on the ‘‘(2) is planned to be changed to perform- that— ance by a qualified nonprofit agency for the (A) are similar to functions that have been table; as follows: blind or by a qualified nonprofit agency for performed by Federal Government employ- At the appropriate place, insert the fol- other severely handicapped persons in ac- ees at any time on or after October 1, 1980; or lowing: cordance with that Act. (B) are associated with the performance of SEC. ll. TREATMENT OF UNBORN CHILDREN. ‘‘(e) INAPPLICABILITY DURING WAR OR EMER- inherently governmental functions. (a) CODIFICATION OF CURRENT REGULA- GENCY.—The provisions of this section shall (c) USE OF FLEXIBLE HIRING AUTHORITY.— TIONS.—Section 2110(c)(1) (42 U.S.C. not apply during war or during a period of The Secretary may use the flexible hiring 1397jj(c)(1)) is amended by striking the period national emergency declared by the Presi- authority available to the Secretary under at the end and inserting the following: ‘‘, and dent or Congress.’’. the National Security Personnel System, as includes, at the option of a State, an unborn child. For purposes of the previous sentence, (b) CLERICAL AMENDMENT.—The table of established pursuant to section 9902 of title sections in section 1(b) of such Act is amend- 5, United States Code, to facilitate the per- the term ‘unborn child’ means a member of the species Homo sapiens, at any stage of de- ed by adding at the end the following new formance by civilian employees of the De- velopment, who is carried in the womb.’’. item: partment of Defense of functions described in subsection (b). (b) CLARIFICATIONS REGARDING COVERAGE ‘‘Sec. 43. Public-private competition re- (d) INSPECTOR GENERAL REPORT.—Not later OF MOTHERS.—Section 2103 (42 U.S.C. 1397cc) quired before conversion to con- than 180 days after the enactment of this is amended by adding at the end the fol- tractor performance.’’. Act, the Inspector General of the Depart- lowing new subsection: SEC. 361. PERFORMANCE OF CERTAIN WORK BY ment of Defense shall submit to the Commit- ‘‘(g) CLARIFICATIONS REGARDING AUTHORITY FEDERAL GOVERNMENT EMPLOY- tees on Armed Services of the Senate and the TO PROVIDE POSTPARTUM SERVICES AND MA- EES. House of Representatives a report on the TERNAL HEALTH CARE.—Any State that pro- (a) GUIDELINES.— compliance of the Secretary of Defense with vides child health assistance to an unborn (1) IN GENERAL.—The Under Secretary of the requirements of this section. child under the option described in section Defense for Personnel and Readiness shall (e) DEFINITIONS.—In this section: 2110(c)(1) may continue to provide such as- prescribe guidelines and procedures for en- (1) The term ‘‘National Security Personnel sistance to the mother, as well as suring that consideration is given to using System’’ means the human resources man- postpartum services, through the end of the Federal Government employees on a regular agement system established under the au- month in which the 60-day period (beginning basis for new work and work that is per- thority of section 9902 of title 5, United on the last day of pregnancy) ends, in the formed under Department of Defense con- States Code. same manner as such assistance and tracts and could be performed by Federal (2) The term ‘‘inherently governmental postpartum services would be provided if Government employees. function’’ has the meaning given that term provided under the State plan under title (2) CRITERIA.—The guidelines and proce- in section 5 of the Federal Activities Inven- XIX, but only if the mother would otherwise dures prescribed under paragraph (1) shall tory Reform Act of 1998 (Public Law 105–270; satisfy the eligibility requirements that apply under the State child health plan provide for special consideration to be given 112 Stat. 2384; 31 U.S.C. 501 note). (other than with respect to age) during such to contracts that— (f) CONFORMING REPEAL.—The National De- (A) have been performed by Federal Gov- fense Authorization Act for Fiscal Year 2006 period.’’. ernment employees at any time on or after (Public Law 109–163) is amended by striking Mr. ALLARD submitted an section 343. SA 3060. October 1, 1980; amendment intended to be proposed by (B) are associated with the performance of SEC. 362. RESTRICTION ON OFFICE OF MANAGE- inherently governmental functions; MENT AND BUDGET INFLUENCE him to the bill H.R. 976, to amend title (C) have been performed by a contractor OVER DEPARTMENT OF DEFENSE XXI of the Social Security Act to reau- pursuant to a contract that was awarded on PUBLIC-PRIVATE COMPETITIONS. thorize the State Children’s Health In- a noncompetitive basis, either a contract for (a) RESTRICTION ON OFFICE OF MANAGEMENT surance Program, and for other pur- a function once performed by Federal em- AND BUDGET.—The Office of Management and poses; which was ordered to lie on the Budget may not direct or require the Sec- ployees that was awarded without the con- retary of Defense or the Secretary of a mili- table; as follows: duct of a public-private competition or a tary department to prepare for, undertake, At the appropriate place, add the fol- contract that was last awarded without the continue, or complete a public-private com- lowing: conduct of an actual competition between petition or direct conversion of a Depart- SEC. ll. STANDARDIZATION OF DETERMINA- contractors; or ment of Defense function to performance by TION OF FAMILY INCOME. (D) have been performed poorly by a con- a contractor under Office of Management (a) ELIGIBILITY BASED ON GROSS INCOME.— tractor because of excessive costs or inferior and Budget Circular A–76, or any other suc- (1) IN GENERAL.—Section 2110 (42 U.S.C. quality, as determined by a contracting offi- cessor regulation, directive, or policy. 1397jj) is amended by adding at the end the cer within the last five years . (b) RESTRICTION ON SECRETARY OF DE- following new subsection: (3) DEADLINE FOR ISSUANCE OF GUIDE- FENSE.—The Secretary of Defense or the Sec- ‘‘(d) STANDARDIZATION OF DETERMINATION LINES.—The Secretary of Defense shall im- retary of a military department may not OF FAMILY INCOME.—A State shall determine plement the guidelines required under para- prepare for, undertake, continue, or com- family income for purposes of determining graph (1) by not later than 60 days after the plete a public-private competition or direct income eligibility for child health assistance date of the enactment of this Act. conversion of a Department of Defense func- or other health benefits coverage under the (4) ESTABLISHMENT OF CONTRACTOR INVEN- tion to performance by a contractor under State child health plan (or under a waiver of TORY.—The Secretary of Defense shall estab- Office of Management and Budget Circular such plan under section 1115) solely on the lish an inventory of Department of Defense A–76, or any other successor regulation, di- basis of the gross income (as defined by the contracts to determine which contracts meet rective, or policy by reason of any direction Secretary) of the family.’’. the criteria set forth in paragraph (2). or requirement provided by the Office of (2) PROHIBITION ON WAIVER OF REQUIRE- (b) NEW REQUIREMENTS.— Management and Budget. MENTS.—Section 2107(f) (42 U.S.C. 1397gg(f)), (1) LIMITATION ON REQUIRING PUBLIC-PRI- SEC. 363. PUBLIC-PRIVATE COMPETITION AT END as amended by section 106(a)(2)(A), is amend- VATE COMPETITION.—No public-private com- OF PERIOD SPECIFIED IN PERFORM- ed by adding at the end the following new petition may be required for any Department ANCE AGREEMENT NOT REQUIRED. paragraph: of Defense function before— Section 2461(a) of title 10, United States ‘‘(3) The Secretary may not approve a (A) the commencement of the performance Code, is amended by adding at the end the waiver, experimental, pilot, or demonstra- by civilian employees of the Department of following new paragraph: tion project with respect to a State after the

VerDate Aug 31 2005 02:20 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\CR\FM\A26SE6.073 S26SEPT1 hmoore on PRODPC68 with HMSENATE September 26, 2007 CONGRESSIONAL RECORD — SENATE S12169 date of enactment of the Children’s Health SEC. 301. PREMIUM ASSISTANCE FOR HIGHER IN- as reimbursement to an employee for out-of- Insurance Program Reauthorization Act of COME CHILDREN AND PREGNANT pocket expenditures. 2007 that would waive or modify the require- WOMEN WITH ACCESS TO EM- ‘‘(iii) REQUIREMENT FOR DIRECT PAYMENT TO PLOYER-SPONSORED COVERAGE. ments of section 2110(d) (relating to deter- EMPLOYEE.—A State shall not pay a premium (a) IN GENERAL.—Section 2105(c) (42 U.S.C. mining income eligibility on the basis of assistance subsidy directly to the employee, 1397ee(c)), as amended by section 211(c) is unless the State has established procedures gross income) and regulations promulgated amended by adding at the end the following: to carry out such requirements.’’. to ensure that the targeted low-income child ‘‘(11) PREMIUM ASSISTANCE.— on whose behalf such payments are made are (b) REGULATIONS.—Not later than 90 days ‘‘(A) IN GENERAL.—Beginning with fiscal actually enrolled in the qualified employer after the date of enactment of this Act, the year 2008, a State may only provide child sponsored coverage. Secretary shall promulgate interim final health assistance for a targeted low-income ‘‘(iv) TREATMENT AS CHILD HEALTH ASSIST- regulations defining gross income for pur- child or a pregnant woman whose family in- ANCE.—Expenditures for the provision of pre- poses of section 2110(d) of the Social Security come exceeds 200 percent of the poverty line mium assistance subsidies shall be consid- Act, as added by subsection (a)(1). and who has access to qualified employer ered child health assistance described in sponsored coverage (as defined in subpara- (c) APPLICATION TO CURRENT ENROLLEES.— paragraph (1)(C) of subsection (a) for pur- graph (B)) through the provision of a pre- The interim final regulations promulgated poses of making payments under that sub- mium assistance subsidy in accordance with under subsection (b) shall not be used to de- section. the requirements of this paragraph. termine the income eligibility of any indi- ‘‘(v) STATE OPTION TO REQUIRE ACCEPTANCE ‘‘(B) QUALIFIED EMPLOYER SPONSORED COV- vidual enrolled in a State child health plan OF SUBSIDY.—A State may condition the pro- ERAGE.— under title XXI of the Social Security Act on vision of child health assistance under the ‘‘(i) IN GENERAL.—In this paragraph, the the date of enactment of this Act before the State child health plan for a targeted low-in- term ‘qualified employer sponsored coverage’ date on which such eligibility of the indi- come child on the receipt of a premium as- means a group health plan or health insur- vidual is required to be redetermined under sistance subsidy for enrollment in qualified ance coverage offered through an employer the plan as in effect on such date. In the case employer sponsored coverage if the State de- that is— of any individual enrolled in such plan on termines the provision of such a subsidy to such date who, solely as a result of the appli- ‘‘(I) substantially equivalent to the bene- be more cost-effective in accordance with cation of subsection (d) of section 2110 of the fits coverage in a benchmark benefit pack- subparagraph (B)(ii). age described in section 2103(b) or bench- Social Security Act (as added by subsection ‘‘(vi) NOT TREATED AS INCOME.—Notwith- (a)(1))) and the regulations promulgated mark-equivalent coverage that meets the re- standing any other provision of law, a pre- under subsection (b), is determined to be in- quirements of section 2103(a)(2); mium assistance subsidy provided in accord- eligible for child health assistance under the ‘‘(II) for which the employer contribution ance with this paragraph shall not be treated State child health plan, a State may elect, toward any premium for such coverage is at as income to the child or the parent of the subject to substitution of the Federal med- least 50 percent (75 percent, in the case of an child for whom such subsidy is provided. ical assistance percentage for the enhanced employer with more than 50 employees); ‘‘(D) NO REQUIREMENT TO PROVIDE SUPPLE- FMAP under section 2105(a)(1) of the Social ‘‘(III) made similarly available to all of the MENTAL COVERAGE FOR BENEFITS AND ADDI- Security Act, to continue to provide the in- employer’s employees and for which the em- TIONAL COST-SHARING PROTECTION PROVIDED dividual with such assistance for so long as ployer makes a contribution to the premium UNDER THE STATE CHILD HEALTH PLAN.— the individual otherwise would be eligible for that is not less for employees receiving a ‘‘(i) IN GENERAL.—A State that elects the such assistance and the individual’s family premium assistance subsidy under any op- option to provide a premium assistance sub- income, if determined under the income and tion available under the State child health sidy under this paragraph shall not be re- resource standards and methodologies appli- plan under this title or the State plan under quired to provide a targeted low-income cable under the State child health plan on title XIX to provide such assistance than the child enrolled in qualified employer spon- September 30, 2007, would not exceed the in- employer contribution provided for all other sored coverage with supplemental coverage come eligibility level applicable to the indi- employees; and for items or services that are not covered, or vidual under the State child health plan. ‘‘(IV) cost-effective, as determined under are only partially covered, under the quali- clause (ii). fied employer sponsored coverage or cost- ‘‘(ii) COST-EFFECTIVENESS.—A group health SA 3061. Mr. CRAPO submitted an sharing protection other than the protection plan or health insurance coverage offered required under section 2103(e)(3)(B). amendment intended to be proposed by through an employer shall be considered to ‘‘(ii) NOTICE OF COST-SHARING REQUIRE- him to the bill H.R. 976, to amend title be cost-effective if— MENTS.—A State shall provide a targeted XXI of the Social Security Act to reau- ‘‘(I) the marginal premium cost to pur- low-income child or the parent of such a thorize the State Children’s Health In- chase family coverage through the employer child (as appropriate) who is provided with a surance Program, and for other pur- is less than the State cost of providing child premium assistance subsidy in accordance poses; which was ordered to lie on the health assistance through the State child with this paragraph with notice of the cost- table; as follows: health plan for all the children in the family sharing requirements and limitations im- who are targeted low-income children; or posed under the qualified employer spon- Strike section 613 of the proposed House ‘‘(II) the marginal premium cost between sored coverage in which the child is enrolled amendment to the text of the Act. individual coverage and purchasing family upon the enrollment of the child in such cov- coverage through the employer is not great- erage and annually thereafter. SA 3062. Mr. VITTER submitted an er than 175 percent of the cost to the State ‘‘(iii) RECORD KEEPING REQUIREMENTS.—A to provide child health assistance through State may require a parent of a targeted amendment intended to be proposed by the State child health plan for a targeted low-income child that is enrolled in qualified him to the bill H.R. 976, to amend title low-income child. employer-sponsored coverage to bear the re- XXI of the Social Security Act to reau- ‘‘(iii) HIGH DEDUCTIBLE HEALTH PLANS IN- sponsibility for keeping track of out-of-pock- thorize the State Children’s Health In- CLUDED.—The term ‘qualified employer spon- et expenditures incurred for cost-sharing im- surance Program, and for other pur- sored coverage’ includes a high deductible posed under such coverage and to notify the poses; which was ordered to lie on the health plan (as defined in section 223(c)(2) of State when the limit on such expenditures table; as follows: the Internal Revenue Code of 1986) purchased imposed under section 2103(e)(3)(B) has been through a health savings account (as defined reached for a year from the effective date of At the appropriate place, insert the fol- under section 223(d) of such Code). enrollment for such year. lowing: ‘‘(C) PREMIUM ASSISTANCE SUBSIDY.— ‘‘(iv) STATE OPTION FOR REIMBURSEMENT.—A ‘‘SEC.ll. Exclusion from Program. ‘‘(i) IN GENERAL.—In this paragraph, the State may retroactively reimburse a parent 1. No person who is not a United States cit- term ‘premium assistance subsidy’ means, of a targeted low-income child for out-of- izen is eligible to receive benefits in this with respect to a targeted low-income child, pocket expenditures incurred after reaching title. the amount equal to the difference between the 5 percent cost-sharing limitation im- the employee contribution required for en- posed under section 2103(e)(3)(B) for a year. rollment only of the employee under quali- ‘‘(E) 6-MONTH WAITING PERIOD REQUIRED.—A SA 3063. Mr. COBURN submitted an fied employer sponsored coverage and the State shall impose at least a 6-month wait- amendment intended to be proposed by employee contribution required for enrolling period from the time an individual is en- him to the bill H.R. 976, to amend title ment of the employee and the child in such rolled in private health insurance prior to XXI of the Social Security Act to reau- coverage, less any applicable premium cost- the provision of a premium assistance sub- thorize the State Children’s Health In- sharing applied under the State child health sidy for a targeted low-income child in ac- surance Program, and for other pur- plan, subject to the annual aggregate cost- cordance with this paragraph. poses; which was ordered to lie on the sharing limit applied under section ‘‘(F) NON APPLICATION OF WAITING PERIOD 2103(e)(3)(B). FOR ENROLLMENT IN THE STATE MEDICAID PLAN table; as follows: ‘‘(ii) STATE PAYMENT OPTION.—Subject to OR THE STATE CHILD HEALTH PLAN.—A tar- Strike section 301 of the House amendment clause (iii), a State may provide a premium geted low-income child provided a premium to the text and insert the following: assistance subsidy directly to an employer or assistance subsidy in accordance with this

VerDate Aug 31 2005 02:20 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\CR\FM\A26SE6.075 S26SEPT1 hmoore on PRODPC68 with HMSENATE S12170 CONGRESSIONAL RECORD — SENATE September 26, 2007 paragraph who loses eligibility for such sub- the Department of Energy, to prescribe TITLE I—STATE CHILDREN’S HEALTH IN- sidy shall not be treated as having been en- military personnel strengths for such SURANCE PROGRAM REAUTHORIZATION rolled in private health insurance coverage fiscal year, and for other purposes; SEC. 101. 5-YEAR REAUTHORIZATION. for purposes of applying any waiting period which was ordered to lie on the table; (a) INCREASE IN NATIONAL ALLOTMENT.— imposed under the State child health plan or as follows: Section 2104(a) of the Social Security Act (42 the State plan under title XIX for the enroll- U.S.C. 1397dd(a)) is amended— On page 1, line 3, strike all after ‘‘Section’’ ment of the child under such plan. (1) in paragraph (9), by striking ‘‘and’’ at and insert the following: ‘‘(G) ASSURANCE OF SPECIAL ENROLLMENT the end; PERIOD UNDER GROUP HEALTH PLANS IN CASE 1. SHORT TITLE; TABLE OF CONTENTS. (2) in paragraph (10), by striking the period OF ELIGIBILITY FOR PREMIUM SUBSIDY ASSIST- (a) SHORT TITLE.—This Act may be cited as at the end and inserting a semicolon; and ANCE.—No payment shall be made under sub- the ‘‘Kids First Act’’. (3) by adding at the end the following: section (a) for amounts expended for the pro- (b) TABLE OF CONTENTS.—The table of con- ‘‘(11) for fiscal year 2008, $7,000,000,000; vision of premium assistance subsidies under tents for this Act is as follows: ‘‘(12) for fiscal year 2009, $7,200,000,000; this paragraph unless a State provides assur- Sec. 1. Short title; table of contents. ‘‘(13) for fiscal year 2010, $7,600,000,000; ances to the Secretary that the State has in ‘‘(14) for fiscal year 2011, $8,300,000,000; and TITLE I—STATE CHILDREN’S HEALTH IN- effect laws requiring a group health plan, a ‘‘(15) for fiscal year 2012, $8,800,000,000.’’. health insurance issuer offering group health SURANCE PROGRAM REAUTHORIZA- (b) CONTINUATION OF ADDITIONAL ALLOT- insurance coverage in connection with a TION MENTS TO TERRITORIES.—Section 2104(c)(4)(B) group health plan, and a self-funded health Sec. 101. 5-Year reauthorization. of the Social Security Act (42 U.S.C. plan, to permit an employee who is eligible, Sec. 102. Allotments for the 50 States and 1397dd(c)(4)(B)) is amended— but not enrolled, for coverage under the the District of Columbia based (1) by striking ‘‘and’’ after ‘‘2006,’’; and terms of the plan (or a child of such an em- on expenditures and numbers of (2) by inserting before the period the fol- ployee if the child is eligible, but not en- low-income children. lowing: ‘‘, $56,000,000 for fiscal year 2008, rolled, for coverage under such terms) to en- Sec. 103. Limitations on matching rates for $58,000,000 for fiscal year 2009, $61,000,000 for roll for coverage under the terms of the plan populations other than low-in- fiscal year 2010, $66,000,000 for fiscal year if the employee’s child becomes eligible for a come children or pregnant 2011, and $70,000,000 for fiscal year 2012’’. premium assistance subsidy under this para- women covered through a sec- graph. SEC. 102. ALLOTMENTS FOR THE 50 STATES AND tion 1115 waiver. THE DISTRICT OF COLUMBIA BASED ‘‘(H) NO EFFECT ON PREVIOUSLY APPROVED Sec. 104. Prohibition on new section 1115 ON EXPENDITURES AND NUMBERS PREMIUM ASSISTANCE PROGRAMS.—Nothing in waivers for coverage of adults OF LOW-INCOME CHILDREN. this paragraph shall be construed as limiting other than pregnant women. (a) IN GENERAL.—Section 2104 of the Social the authority of a State to offer premium as- Sec. 105. Standardization of determination Security Act (42 U.S.C. 1397dd) is amended by sistance under section 1906, a waiver de- of family income. adding at the end the following new sub- scribed in paragraph (2)(B) or (3), a waiver Sec. 106. Grants for outreach and enroll- section: approved under section 1115, or other author- ment. ‘‘(i) DETERMINATION OF ALLOTMENTS FOR ity in effect on June 28, 2007, for targeted Sec. 107. Improved State option for offering THE 50 STATES AND THE DISTRICT OF COLUMBIA low-income children or pregnant women premium assistance for cov- FOR FISCAL YEARS 2008 THROUGH 2012.— whose family income does not exceed 200 per- erage through private plans. ‘‘(1) IN GENERAL.—Notwithstanding the pre- cent of the poverty line. Sec. 108. Treatment of unborn children. ceding provisions of this subsection and sub- ‘‘(I) NOTICE OF AVAILABILITY.—A State Sec. 109. 50 percent matching rate for all ject to paragraph (3), the Secretary shall shall— Medicaid administrative costs. allot to each subsection (b) State for each of ‘‘(i) include on any application or enroll- Sec. 110. Reduction in payments for Med- fiscal years 2008 through 2012,, the amount ment form for child health assistance a no- determined for the fiscal year that is equal tice of the availability of premium assist- icaid administrative costs to prevent duplication of such to the product of— ance subsidies for the enrollment of targeted ‘‘(A) the amount available for allotment low-income children in qualified employer costs under TANF. Sec. 111. Effective date. under subsection (a) for the fiscal year, re- sponsored coverage and the requirement to duced by the amount of allotments made provide such subsidies to the individuals de- TITLE II—HEALTH INSURANCE MARKET- under subsection (c) (determined without re- scribed in subparagraph (A); PLACE MODERNIZATION AND AFFORD- gard to paragraph (4) thereof) for the fiscal ‘‘(ii) provide, as part of the application and ABILITY year; and enrollment process under the State child Sec. 200. Short title; purpose. ‘‘(B) the sum of the State allotment fac- health plan, information describing the Subtitle A—Small Business Health Plans tors determined under paragraph (2) with re- availability of such subsidies and how to spect to the State and weighted in accord- Sec. 201. Rules governing small business elect to obtain such a subsidy, or if required, ance with subparagraph (B) of that para- health plans. to obtain such subsidies; and graph for the fiscal year. Sec. 202. Cooperation between Federal and ‘‘(iii) establish such other procedures as ‘‘(2) STATE ALLOTMENT FACTORS.— State authorities. the State determines necessary to ensure ‘‘(A) IN GENERAL.—For purposes of para- that parents are informed of the availability Sec. 203. Effective date and transitional and graph (1)(B), the State allotment factors are of such subsidies under the State child other rules. the following: health plan.’’. Subtitle B—Market Relief ‘‘(i) The ratio of the projected expenditures (b) APPLICATION TO MEDICAID.—Section 1906 Sec. 211. Market relief. for targeted low-income children under the (42 U.S.C. 1396e) is amended by inserting State child health plan and pregnant women Subtitle C—Harmonization of Health after subsection (c) the following: under a waiver of such plan for the fiscal Insurance Standards ‘‘(d) The provisions of section 2105(c)(11) year to the sum of such projected expendi- shall apply to a child who is eligible for med- Sec. 221. Health Insurance Standards Har- tures for all States for the fiscal year, multi- ical assistance under the State plan in the monization. plied by the applicable percentage weight as- same manner as such provisions apply to a TITLE III—HEALTH SAVINGS ACCOUNTS signed under subparagraph (B). targeted low-income child under a State ‘‘(ii) The ratio of the number of low-income child health plan under title XXI. Section Sec. 301. Special rule for certain medical expenses incurred before estab- children who have not attained age 19 with 1902(a)(34) shall not apply to a child who is no health insurance coverage in the State, as provided a premium assistance subsidy under lishment of health savings account. determined by the Secretary on the basis of the State plan in accordance with the pre- the arithmetic average of the number of such ceding sentence.’’. Sec. 302. Use of account for individual high deductible health plan pre- children for the 3 most recent Annual Social miums. and Economic Supplements to the Current SA 3064. Mr. MCCONNELL (for him- Population Survey of the Bureau of the Cen- self, Mr. LOTT, Mr. KYL, Mr. DEMINT, Sec. 303. Exception to requirement for employers to make comparable sus available before the beginning of the cal- Mr. COBURN, Mr. CORNYN, Mr. BUNNING, health savings account con- endar year before such fiscal year begins, to Mr. ISAKSON, and Mr. BARRASSO) sub- tributions. the sum of the number of such children de- mitted an amendment intended to be Sec. 304. Certain health reimbursement ar- termined for all States for such fiscal year, proposed to amendment SA 2011 pro- rangement coverage dis- multiplied by the applicable percentage posed by Mr. NELSON of Nebraska (for regarded coverage for health weight assigned under subparagraph (B). ‘‘(iii) The ratio of the projected expendi- Mr. LEVIN) to the bill H.R. 1585, to au- savings accounts. tures for targeted low-income children under thorize appropriations for fiscal year TITLE IV—STUDY the State child health plan and pregnant 2008 for military activities of the De- Sec. 401. Study on tax treatment of and ac- women under a waiver of such plan for the partment of Defense, for military con- cess to private health insur- preceding fiscal year to the sum of such pro- struction, and for defense activities of ance. jected expenditures for all States for such

VerDate Aug 31 2005 02:20 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\CR\FM\A26SE6.077 S26SEPT1 hmoore on PRODPC68 with HMSENATE September 26, 2007 CONGRESSIONAL RECORD — SENATE S12171 preceding fiscal year, multiplied by the ap- (2) Section 2104(f) of such Act (42 U.S.C. is not enrolled under the waiver on the date plicable percentage weight assigned under 1397dd(f)) is amended by striking ‘‘The’’ and of enactment of the Kids First Act. subparagraph (B). inserting ‘‘Subject to subsection (e)(2), the’’. ‘‘(C) NO FEDERAL PAYMENT FOR ANY NEW ‘‘(iv) The ratio of the actual expenditures NONPREGNANT ADULT ENROLLEES OR FOR SUCH SEC. 103. LIMITATIONS ON MATCHING RATES for targeted low-income children under the FOR POPULATIONS OTHER THAN ENROLLEES WHO NO LONGER SATISFY INCOME State child health plan and pregnant women LOW-INCOME CHILDREN OR PREG- ELIGIBILITY REQUIREMENTS.—Payment shall under a waiver of such plan for the second NANT WOMEN COVERED THROUGH A not be made under this section for child preceding fiscal year to the sum of such ac- SECTION 1115 WAIVER. health assistance or other health benefits tual expenditures for all States for such sec- (a) LIMITATION ON PAYMENTS.—Section coverage provided under the State child ond preceding fiscal year, multiplied by the 2105(c) of the Social Security Act (42 U.S.C. health plan or under a waiver under section applicable percentage weight assigned under 1397ee(c)) is amended by adding at the end 1115 for any of the following: subparagraph (B). the following new paragraph: ‘‘(i) PARENTS OR CARETAKER RELATIVES ‘‘(B) ASSIGNMENT OF WEIGHTS.—For each of ‘‘(8) LIMITATIONS ON MATCHING RATE FOR UNDER A SECTION 1115 WAIVER APPROVED AFTER fiscal years 2008 through 2012, the following POPULATIONS OTHER THAN TARGETED LOW-IN- THE DATE OF ENACTMENT OF THE STATE CHIL- percentage weights shall be applied to the COME CHILDREN OR PREGNANT WOMEN COVERED DREN’S HEALTH INSURANCE PROGRAM REAU- ratios determined under subparagraph (A) THROUGH A SECTION 1115 WAIVER.—For child THORIZATION OF 2007.—A nonpregnant parent for each such fiscal year: health assistance or health benefits coverage or a nonpregnant caretaker relative of a tar- ‘‘(i) 40 percent for the ratio determined furnished in any fiscal year beginning with geted low-income child under a waiver, ex- under subparagraph (A)(i). fiscal year 2008: perimental, pilot, or demonstration project ‘‘(ii) 5 percent for the ratio determined ‘‘(A) FMAP APPLIED TO PAYMENTS FOR COV- that is approved on or after the date of en- under subparagraph (A)(ii). ERAGE OF CHILDREN OR PREGNANT WOMEN COV- actment of the Kids First Act. ‘‘(iii) 50 percent for the ratio determined ERED THROUGH A SECTION 1115 WAIVER EN- ‘‘(ii) PARENTS, CARETAKER RELATIVES, AND under subparagraph (A)(iii). ROLLED IN THE STATE CHILD HEALTH PLAN ON NONPREGNANT CHILDLESS ADULTS WHOSE FAM- ‘‘(iv) 5 percent for the ratio determined THE DATE OF ENACTMENT OF THE KIDS FIRST ILY INCOME EXCEEDS THE INCOME ELIGIBILITY under subparagraph (A)(iv). ACT AND WHOSE GROSS FAMILY INCOME IS DE- LEVEL SPECIFIED UNDER A SECTION 1115 WAIVER ‘‘(C) DETERMINATION OF PROJECTED AND AC- TERMINED TO EXCEED THE INCOME ELIGIBILITY APPROVED PRIOR TO THE STATE CHILDREN’S TUAL EXPENDITURES.—For purposes of sub- LEVEL SPECIFIED FOR A TARGETED LOW-INCOME HEALTH INSURANCE PROGRAM REAUTHORIZA- paragraph (A): CHILD.—Notwithstanding subsections TION OF 2007.—Any nonpregnant parent or a ‘‘(i) PROJECTED EXPENDITURES.—The pro- (b)(1)(B) and (d) of section 2110, in the case of nonpregnant caretaker relative of a targeted jected expenditures described in clauses (i) any individual described in subsection (c) of low-income child whose family income ex- and (iii) of such subparagraph with respect section 105 of the Kids First Act who the ceeds the income eligibility level referred to to a fiscal year shall be determined on the State elects to continue to provide child in subparagraph (B)(i), and any nonpregnant basis of amounts reported by States to the health assistance for under the State child childless adult whose family income exceeds Secretary on the May 15th submission of health plan in accordance with the require- the income eligibility level referred to in Form CMS–37 and Form CMS–21B submitted ments of such subsection, the Federal med- subparagraph (B)(ii). not later than June 30th of the fiscal year ical assistance percentage (as determined ‘‘(iii) NONPREGNANT CHILDLESS ADULTS, preceding such year. under section 1905(b) without regard to PARENTS, OR CARETAKER RELATIVES NOT EN- ‘‘(ii) ACTUAL EXPENDITURES.—The actual clause (4) of such section) shall be sub- ROLLED UNDER A SECTION 1115 WAIVER ON THE expenditures described in clause (iv) of such stituted for the enhanced FMAP under sub- DATE OF ENACTMENT OF THE STATE CHILDREN’S subparagraph with respect to a second pre- section (a)(1) with respect to such assistance. HEALTH INSURANCE PROGRAM REAUTHORIZA- ceding fiscal year shall be determined on the ‘‘(B) FMAP APPLIED TO PAYMENTS ONLY FOR TION OF 2007.—Any nonpregnant parent or a basis of amounts reported by States to the NONPREGNANT CHILDLESS ADULTS AND PAR- nonpregnant caretaker relative of a targeted Secretary on Form CMS–64 and Form CMS– ENTS AND CARETAKER RELATIVES ENROLLED low-income child who is not enrolled in the 21 submitted not later than November 30 of UNDER A SECTION 1115 WAIVER ON THE DATE OF State child health plan under a section 1115 the preceding fiscal year.’’. ENACTMENT OF THE STATE CHILDREN’S HEALTH waiver, experimental, pilot, or demonstra- (b) 2-YEAR AVAILABILITY OF ALLOTMENTS; INSURANCE PROGRAM REAUTHORIZATION OF tion project referred to in subparagraph EXPENDITURES COUNTED AGAINST OLDEST AL- 2007.—The Federal medical assistance per- (B)(i) on the date of enactment of the Kids LOTMENTS.—Section 2104(e) of the Social Se- centage (as determined under section 1905(b) First Act, and any nonpregnant childless curity Act (42 U.S.C. 1397dd(e)) is amended to without regard to clause (4) of such section) adult who is not enrolled in the State child read as follows: shall be substituted for the enhanced FMAP health plan under a section 1115 waiver, ex- ‘‘(e) AVAILABILITY OF AMOUNTS ALLOT- under subsection (a)(1) with respect to pay- perimental, pilot, or demonstration project TED.— ments for child health assistance or health referred to in subparagraph (B)(ii)(I) on such ‘‘(1) IN GENERAL.—Except as provided in the benefits coverage provided under the State date. succeeding paragraphs of this subsection, child health plan for any of the following: ‘‘(D) DEFINITION OF CARETAKER RELATIVE.— amounts allotted to a State pursuant to this ‘‘(i) PARENTS OR CARETAKER RELATIVES EN- In this subparagraph, the term ‘caretaker section— ROLLED UNDER A WAIVER ON THE DATE OF EN- relative’ has the meaning given that term ‘‘(A) for each of fiscal years 1998 through ACTMENT OF THE STATE CHILDREN’S HEALTH IN- for purposes of carrying out section 1931. 2007, shall remain available for expenditure SURANCE PROGRAM REAUTHORIZATION OF 2007.— ‘‘(E) RULE OF CONSTRUCTION.—Nothing in by the State through the end of the second A nonpregnant parent or a nonpregnant this paragraph shall be construed as imply- succeeding fiscal year; and caretaker relative of a targeted low-income ing that payments for coverage of popu- ‘‘(B) for each of fiscal years 2008 through child who is enrolled in the State child lations for which the Federal medical assist- 2012, shall remain available for expenditure health plan under a waiver, experimental, ance percentage (as so determined) is to be by the State only through the end of the suc- pilot, or demonstration project on the date substituted for the enhanced FMAP under ceeding fiscal year for which such amounts of enactment of the Kids First Act and subsection (a)(1) in accordance with this are allotted. whose family income does not exceed the in- paragraph are to be made from funds other ‘‘(2) ELIMINATION OF REDISTRIBUTION OF AL- come eligibility applied under such waiver than the allotments determined for a State LOTMENTS NOT EXPENDED WITHIN 3 YEARS.— with respect to that population on such date. under section 2104.’’. Notwithstanding subsection (f), amounts al- ‘‘(ii) NONPREGNANT CHILDLESS ADULTS EN- (b) CONFORMING AMENDMENT.—Section lotted to a State under this section for fiscal ROLLED UNDER A WAIVER ON SUCH DATE.—A 2105(a)(1) of the Social Security Act ( 42 years beginning with fiscal year 2008 that re- nonpregnant childless adult enrolled in the U.S.C. 1397dd(a)(1)) is amended, in the matter main unexpended as of the end of the second State child health plan under a waiver, ex- preceding subparagraph (A), by inserting ‘‘or succeeding fiscal year shall not be redistrib- perimental, pilot, or demonstration project subsection (c)(8)’’ after ‘‘subparagraph (B)’’. uted to other States and shall revert to the described in section 6102(c)(3) of the Deficit SEC. 104. PROHIBITION ON NEW SECTION 1115 Treasury on October 1 of the third suc- Reduction Act of 2005 (42 U.S.C. 1397gg note) WAIVERS FOR COVERAGE OF ceeding fiscal year. on the date of enactment of the Kids First ADULTS OTHER THAN PREGNANT ‘‘(3) RULE FOR COUNTING EXPENDITURES Act and whose family income does not ex- WOMEN. AGAINST FISCAL YEAR ALLOTMENTS.—Expendi- ceed the income eligibility applied under (a) IN GENERAL.—Section 2107(f) of the So- tures under the State child health plan made such waiver with respect to that population cial Security Act (42 U.S.C. 1397gg(f)) is on or after October 1, 2007, shall be counted on such date. amended— against allotments for the earliest fiscal ‘‘(iii) NO REPLACEMENT ENROLLEES.—Noth- (1) by striking ‘‘, the Secretary’’ and in- year for which funds are available for ex- ing in clauses (i) or (ii) shall be construed as serting ‘‘: penditure under this subsection.’’. authorizing a State to provide child health ‘‘(1) The Secretary’’; and (c) CONFORMING AMENDMENTS.— assistance or health benefits coverage under (2) by adding at the end the following new (1) Section 2104(b)(1) of the Social Security a waiver described in either such clause to a paragraphs: Act (42 U.S.C. 1397dd(b)(1)) is amended by nonpregnant parent or a nonpregnant care- ‘‘(2) The Secretary may not approve, ex- striking ‘‘subsection (d)’’ and inserting ‘‘the taker relative of a targeted low-income tend, renew, or amend a waiver, experi- succeeding subsections of this section’’. child, or a nonpregnant childless adult, who mental, pilot, or demonstration project with

VerDate Aug 31 2005 02:20 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\CR\FM\A26SE6.092 S26SEPT1 hmoore on PRODPC68 with HMSENATE S12172 CONGRESSIONAL RECORD — SENATE September 26, 2007 respect to a State after the date of enact- under subsection (b) shall not be used to de- (a) shall submit an application to the Sec- ment of the Kids First Act that would allow termine the income eligibility of any indi- retary in such form and manner, and con- funds made available under this title to be vidual enrolled in a State child health plan taining such information, as the Secretary used to provide child health assistance or under title XXI of the Social Security Act on may decide. Such application shall include— other health benefits coverage for any other the date of enactment of this Act before the ‘‘(1) evidence demonstrating that the enti- adult other than a pregnant woman whose date on which such eligibility of the indi- ty includes members who have access to, and family income does not exceed the income vidual is required to be redetermined under credibility with, ethnic or low-income popu- eligibility level specified for a targeted low- the plan as in effect on such date. In the case lations in the communities in which activi- income child in that State under a waiver or of any individual enrolled in such plan on ties funded under the grant are to be con- project approved as of such date. such date who, solely as a result of the appli- ducted; ‘‘(3) The Secretary may not approve, ex- cation of subsection (d) of section 2110 of the ‘‘(2) evidence demonstrating that the enti- tend, renew, or amend a waiver, experi- Social Security Act (as added by subsection ty has the ability to address barriers to en- mental, pilot, or demonstration project with (a)) and the regulations promulgated under rollment, such as lack of awareness of eligi- respect to a State after the date of enact- subsection (b), is determined to be ineligible bility, stigma concerns and punitive fears as- ment of the Kids First Act that would waive for child health assistance under the State sociated with receipt of benefits, and other or modify the requirements of section child health plan, a State may elect, subject cultural barriers to applying for and receiv- 2105(c)(8).’’. to substitution of the Federal medical assisting child health assistance or medical assist- (b) CLARIFICATION OF AUTHORITY FOR COV- ance percentage for the enhanced FMAP ance; ERAGE OF PREGNANT WOMEN.—Section 2106 of under section 2105(c)(8)(A) of the Social Se- ‘‘(3) specific quality or outcomes perform- the Social Security Act (42 U.S.C. 1397ff) is curity Act (as added by section 103(a)), to ance measures to evaluate the effectiveness amended by adding at the end the following continue to provide the individual with such of activities funded by a grant awarded new subsection: assistance for so long as the individual oth- under this section; and ‘‘(f) NO AUTHORITY TO COVER PREGNANT erwise would be eligible for such assistance ‘‘(4) an assurance that the eligible entity WOMEN THROUGH STATE PLAN.—For purposes and the individual’s family income, if deter- shall— of this title, a State may provide assistance mined under the income and resource stand- ‘‘(A) conduct an assessment of the effec- to a pregnant woman under the State child ards and methodologies applicable under the tiveness of such activities against the per- health plan only— State child health plan on September 30, formance measures; ‘‘(1) by virtue of a waiver under section 2007, would not exceed the income eligibility ‘‘(B) cooperate with the collection and re- 1115; or level applicable to the individual under the porting of enrollment data and other infor- ‘‘(2) through the application of sections State child health plan. mation in order for the Secretary to conduct 457.10, 457.350(b)(2), 457.622(c)(5), and such assessments. SEC. 106. GRANTS FOR OUTREACH AND ENROLL- ‘‘(C) in the case of an eligible entity that is 457.626(a)(3) of title 42, Code of Federal Regu- MENT. lations (as in effect on the date of enactment not the State, provide the State with enroll- (a) GRANTS.—Title XXI of the Social Secu- ment data and other information as nec- of the Kids First Act).’’. rity Act (42 U.S.C. 1397aa et seq.) is amended (c) ASSURANCE OF NOTICE TO AFFECTED EN- essary for the State to make necessary pro- by adding at the end the following: ROLLEES.—The Secretary of Health and jections of eligible children and pregnant Human Services shall establish procedures to ‘‘SEC. 2111. GRANTS TO IMPROVE OUTREACH AND women. ensure that States provide adequate public ENROLLMENT. ‘‘(d) SUPPLEMENT, NOT SUPPLANT.—Federal notice for parents, caretaker relatives, and ‘‘(a) OUTREACH AND ENROLLMENT GRANTS; funds awarded under this section shall be nonpregnant childless adults whose eligi- NATIONAL CAMPAIGN.— used to supplement, not supplant, non-Fed- bility for child health assistance or health ‘‘(1) IN GENERAL.—From the amounts ap- eral funds that are otherwise available for benefits coverage under a waiver under sec- propriated for a fiscal year under subsection activities funded under this section. tion 1115 of the Social Security Act will be (f), subject to paragraph (2), the Secretary ‘‘(e) DEFINITIONS.—In this section: terminated as a result of the amendments shall award grants to eligible entities to con- ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible made by subsection (a), and that States oth- duct outreach and enrollment efforts that entity’ means any of the following: erwise adhere to regulations of the Secretary are designed to increase the enrollment and ‘‘(A) A State with an approved child health relating to procedures for terminating waiv- participation of eligible children under this plan under this title. ers under section 1115 of the Social Security title and title XIX. ‘‘(B) A local government. Act. ‘‘(2) 10 PERCENT SET ASIDE FOR NATIONAL EN- ‘‘(C) An Indian tribe or tribal consortium, ROLLMENT CAMPAIGN.—An amount equal to 10 a tribal organization, an urban Indian orga- SEC. 105. STANDARDIZATION OF DETERMINA- TION OF FAMILY INCOME. percent of such amounts for the fiscal year nization receiving funds under title V of the (a) ELIGIBILITY BASED ON GROSS INCOME.— shall be used by the Secretary for expendi- Indian Health Care Improvement Act (25 (1) IN GENERAL.—Section 2110 of the Social tures during the fiscal year to carry out a U.S.C. 1651 et seq.), or an Indian Health Serv- Security Act (42 U.S.C. 1397jj) is amended by national enrollment campaign in accordance ice provider. adding at the end the following new sub- with subsection (g). ‘‘(D) A Federal health safety net organiza- section: ‘‘(b) AWARD OF GRANTS.— tion. ‘‘(d) STANDARDIZATION OF DETERMINATION ‘‘(1) PRIORITY FOR AWARDING.— ‘‘(E) A State, national, local, or commu- OF FAMILY INCOME.—A State shall determine ‘‘(A) IN GENERAL.—In awarding grants nity-based public or nonprofit private orga- family income for purposes of determining under subsection (a), the Secretary shall give nization. income eligibility for child health assistance priority to eligible entities that— ‘‘(F) A faith-based organization or con- or other health benefits coverage under the ‘‘(i) propose to target geographic areas sortia, to the extent that a grant awarded to State child health plan (or under a waiver of with high rates of— such an entity is consistent with the require- such plan under section 1115) solely on the ‘‘(I) eligible but unenrolled children, in- ments of section 1955 of the Public Health basis of the gross income (as defined by the cluding such children who reside in rural Service Act (42 U.S.C. 300x–65) relating to a Secretary) of the family.’’. areas; or grant award to non-governmental entities. (2) PROHIBITION ON WAIVER OF REQUIRE- ‘‘(II) racial and ethnic minorities and ‘‘(G) An elementary or secondary school. MENTS.—Section 2107(f) (42 U.S.C. 1397gg(f)), health disparity populations, including those ‘‘(H) A national, local, or community-based as amended by section 104(a), is amended by proposals that address cultural and lin- public or nonprofit private organization, in- adding at the end the following new para- guistic barriers to enrollment; and cluding organizations that use community graph: ‘‘(ii) submit the most demonstrable evi- health workers or community-based doula ‘‘(4) The Secretary may not approve a dence required under paragraphs (1) and (2) programs. waiver, experimental, pilot, or demonstra- of subsection (c). ‘‘(2) FEDERAL HEALTH SAFETY NET ORGANI- tion project with respect to a State after the ‘‘(B) 10 PERCENT SET ASIDE FOR OUTREACH TO ZATION.—The term ‘Federal health safety net date of enactment of the Kids First Act that INDIAN CHILDREN.—An amount equal to 10 organization’ means— would waive or modify the requirements of percent of the funds appropriated under sub- ‘‘(A) a Federally-qualified health center (as section 2110(d) (relating to determining in- section (f) for a fiscal year shall be used by defined in section 1905(l)(2)(B)); come eligibility on the basis of gross income) the Secretary to award grants to Indian ‘‘(B) a hospital defined as a dispropor- and regulations promulgated to carry out Health Service providers and urban Indian tionate share hospital for purposes of section such requirements.’’. organizations receiving funds under title V 1923; (b) REGULATIONS.—Not later than 90 days of the Indian Health Care Improvement Act ‘‘(C) a covered entity described in section after the date of enactment of this Act, the (25 U.S.C. 1651 et seq.) for outreach to, and 340B(a)(4) of the Public Health Service Act Secretary of Health and Human Services enrollment of, children who are Indians. (42 U.S.C. 256b(a)(4)); and shall promulgate interim final regulations ‘‘(2) 2-YEAR AVAILABILITY.—A grant award- ‘‘(D) any other entity or consortium that defining gross income for purposes of section ed under this section for a fiscal year shall serves children under a federally-funded pro- 2110(d) of the Social Security Act, as added remain available for expenditure through the gram, including the special supplemental nu- by subsection (a). end of the succeeding fiscal year. trition program for women, infants, and chil- (c) APPLICATION TO CURRENT ENROLLEES.— ‘‘(c) APPLICATION.—An eligible entity that dren (WIC) established under section 17 of The interim final regulations promulgated desires to receive a grant under subsection the Child Nutrition Act of 1966 (42 U.S.C.

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1786), the head start and early head start pro- (b) NONAPPLICATION OF ADMINISTRATIVE EX- fied employer sponsored coverage and the grams under the Head Start Act (42 U.S.C. PENDITURES CAP.—Section 2105(c)(2) of the employee contribution required for enroll- 9801 et seq.), the school lunch program estab- Social Security Act (42 U.S.C. 1397ee(c)(2)) is ment of the employee and the child in such lished under the Richard B. Russell National amended by adding at the end the following: coverage, less any applicable premium cost- School Lunch Act, and an elementary or sec- ‘‘(C) NONAPPLICATION TO EXPENDITURES FOR sharing applied under the State child health ondary school. OUTREACH AND ENROLLMENT.—The limitation plan, subject to the annual aggregate cost- ‘‘(3) INDIANS; INDIAN TRIBE; TRIBAL ORGANI- under subparagraph (A) shall not apply with sharing limit applied under section ZATION; URBAN INDIAN ORGANIZATION.—The respect to expenditures for outreach activi- 2103(e)(3)(B). terms ‘Indian’, ‘Indian tribe’, ‘tribal organi- ties under section 2102(c)(1), or for enroll- ‘‘(ii) STATE PAYMENT OPTION.—Subject to zation’, and ‘urban Indian organization’ have ment activities, for children eligible for clause (iii), a State may provide a premium the meanings given such terms in section 4 child health assistance under the State child assistance subsidy directly to an employer or of the Indian Health Care Improvement Act health plan or medical assistance under the as reimbursement to an employee for out-of- (25 U.S.C. 1603). State plan under title XIX.’’. pocket expenditures. ‘‘(4) COMMUNITY HEALTH WORKER.—The SEC. 107. IMPROVED STATE OPTION FOR OFFER- ‘‘(iii) REQUIREMENT FOR DIRECT PAYMENT TO ING PREMIUM ASSISTANCE FOR term ‘community health worker’ means an EMPLOYEE.—A State shall not pay a premium individual who promotes health or nutrition COVERAGE THROUGH PRIVATE PLANS. assistance subsidy directly to the employee, within the community in which the indi- (a) IN GENERAL.—Section 2105(c) of the So- unless the State has established procedures vidual resides— cial Security Act (42 U.S.C. 1397ee(c)), as to ensure that the targeted low-income child ‘‘(A) by serving as a liaison between com- amended by section 103(a) is amended by add- on whose behalf such payments are made are munities and health care agencies; ing at the end the following: actually enrolled in the qualified employer ‘‘(B) by providing guidance and social as- ‘‘(9) ADDITIONAL STATE OPTION FOR OFFER- sponsored coverage. sistance to community residents; ING PREMIUM ASSISTANCE.— ‘‘(iv) TREATMENT AS CHILD HEALTH ASSIST- ‘‘(C) by enhancing community residents’ ‘‘(A) IN GENERAL.—Subject to the suc- ANCE.—Expenditures for the provision of pre- ability to effectively communicate with ceeding provisions of this paragraph, a State mium assistance subsidies shall be consid- health care providers; may elect to offer a premium assistance sub- ered child health assistance described in ‘‘(D) by providing culturally and linguis- sidy (as defined in subparagraph (C)) for paragraph (1)(C) of subsection (a) for pur- tically appropriate health or nutrition edu- qualified employer sponsored coverage (as poses of making payments under that sub- cation; defined in subparagraph (B)) to all targeted section. ‘‘(E) by advocating for individual and com- low-income children who are eligible for ‘‘(v) STATE OPTION TO REQUIRE ACCEPTANCE munity health or nutrition needs; and child health assistance under the plan and OF SUBSIDY.—A State may condition the pro- ‘‘(F) by providing referral and followup have access to such coverage in accordance vision of child health assistance under the services. with the requirements of this paragraph. State child health plan for a targeted low-in- ‘‘(f) APPROPRIATION.— ‘‘(B) QUALIFIED EMPLOYER SPONSORED COV- come child on the receipt of a premium as- ‘‘(1) IN GENERAL.—There is appropriated, ERAGE.— sistance subsidy for enrollment in qualified out of any money in the Treasury not other- ‘‘(i) IN GENERAL.—In this paragraph, the employer sponsored coverage if the State de- wise appropriated, for the purpose of award- term ‘qualified employer sponsored coverage’ termines the provision of such a subsidy to ing grants under this section— means a group health plan or health insur- be more cost-effective in accordance with ‘‘(A) $100,000,000 for each of fiscal years 2008 ance coverage offered through an employer subparagraph (B)(ii). and 2009; that is— ‘‘(vi) NOT TREATED AS INCOME.—Notwith- ‘‘(B) $75,000,000 for each of fiscal years 2010 ‘‘(I) substantially equivalent to the bene- standing any other provision of law, a pre- and 2011; and fits coverage in a benchmark benefit pack- mium assistance subsidy provided in accord- ‘‘(C) $50,000,000 for fiscal year 2012. age described in section 2103(b) or bench- ance with this paragraph shall not be treated ‘‘(2) GRANTS IN ADDITION TO OTHER AMOUNTS mark-equivalent coverage that meets the reas income to the child or the parent of the PAID.—Amounts appropriated and paid under quirements of section 2103(a)(2); child for whom such subsidy is provided. the authority of this section shall be in addi- ‘‘(II) made similarly available to all of the ‘‘(D) NO REQUIREMENT TO PROVIDE SUPPLE- tion to amounts appropriated under section employer’s employees and for which the em- MENTAL COVERAGE FOR BENEFITS AND ADDI- 2104 and paid to States in accordance with ployer makes a contribution to the premium TIONAL COST-SHARING PROTECTION PROVIDED section 2105, including with respect to ex- that is not less for employees receiving a UNDER THE STATE CHILD HEALTH PLAN.— penditures for outreach activities in accord- premium assistance subsidy under any op- ‘‘(i) IN GENERAL.—A State that elects the ance with subsections (a)(1)(D)(iii) and tion available under the State child health option to provide a premium assistance sub- (c)(2)(C) of that section. plan under this title or the State plan under sidy under this paragraph shall not be re- ‘‘(g) NATIONAL ENROLLMENT CAMPAIGN.— title XIX to provide such assistance than the quired to provide a targeted low-income From the amounts made available under sub- employer contribution provided for all other child enrolled in qualified employer spon- section (a)(2) for a fiscal year, the Secretary employees; and sored coverage with supplemental coverage shall develop and implement a national en- ‘‘(III) cost-effective, as determined under for items or services that are not covered, or rollment campaign to improve the enroll- clause (ii). are only partially covered, under the quali- ment of underserved child populations in the ‘‘(ii) COST-EFFECTIVENESS.—A group health fied employer sponsored coverage or cost- programs established under this title and plan or health insurance coverage offered sharing protection other than the protection title XIX. Such campaign may include— through an employer shall be considered to required under section 2103(e)(3)(B). ‘‘(1) the establishment of partnerships with be cost-effective if— ‘‘(ii) NOTICE OF COST-SHARING REQUIRE- the Secretary of Education and the Sec- ‘‘(I) the marginal premium cost to pur- MENTS.—A State shall provide a targeted retary of Agriculture to develop national chase family coverage through the employer low-income child or the parent of such a campaigns to link the eligibility and enroll- is less than the State cost of providing child child (as appropriate) who is provided with a ment systems for the assistance programs health assistance through the State child premium assistance subsidy in accordance each Secretary administers that often serve health plan for all the children in the family with this paragraph with notice of the cost- the same children; who are targeted low-income children; or sharing requirements and limitations im- ‘‘(2) the integration of information about ‘‘(II) the marginal premium cost between posed under the qualified employer spon- the programs established under this title and individual coverage and purchasing family sored coverage in which the child is enrolled title XIX in public health awareness cam- coverage through the employer is not great- upon the enrollment of the child in such cov- paigns administered by the Secretary; er than 175 percent of the cost to the State erage and annually thereafter. ‘‘(3) increased financial and technical sup- to provide child health assistance through ‘‘(iii) RECORD KEEPING REQUIREMENTS.—A port for enrollment hotlines maintained by the State child health plan for a targeted State may require a parent of a targeted the Secretary to ensure that all States par- low-income child. low-income child that is enrolled in qualified ticipate in such hotlines; ‘‘(iii) HIGH DEDUCTIBLE HEALTH PLANS IN- employer-sponsored coverage to bear the re- ‘‘(4) the establishment of joint public CLUDED.—The term ‘qualified employer spon- sponsibility for keeping track of out-of-pock- awareness outreach initiatives with the Sec- sored coverage’ includes a high deductible et expenditures incurred for cost-sharing im- retary of Education and the Secretary of health plan (as defined in section 223(c)(2) of posed under such coverage and to notify the Labor regarding the importance of health in- the Internal Revenue Code of 1986) purchased State when the limit on such expenditures surance to building strong communities and through a health savings account (as defined imposed under section 2103(e)(3)(B) has been the economy; under section 223(d) of such Code). reached for a year from the effective date of ‘‘(5) the development of special outreach ‘‘(C) PREMIUM ASSISTANCE SUBSIDY.— enrollment for such year. materials for Native Americans or for indi- ‘‘(i) IN GENERAL.—In this paragraph, the ‘‘(iv) STATE OPTION FOR REIMBURSEMENT.—A viduals with limited English proficiency; and term ‘premium assistance subsidy’ means, State may retroactively reimburse a parent ‘‘(6) such other outreach initiatives as the with respect to a targeted low-income child, of a targeted low-income child for out-of- Secretary determines would increase public the amount equal to the difference between pocket expenditures incurred after reaching awareness of the programs under this title the employee contribution required for en- the 5 percent cost-sharing limitation im- and title XIX.’’. rollment only of the employee under quali- posed under section 2103(e)(3)(B) for a year.

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‘‘(E) 6-MONTH WAITING PERIOD REQUIRED.—A the previous sentence, the term ‘unborn ing to comply with the requirements of such State shall impose at least a 6-month wait- child’ means a member of the species Homo title XXI solely on the basis of its failure to ing period from the time an individual is en- sapiens, at any stage of development, who is meet such additional requirements before rolled in private health insurance prior to carried in the womb.’’. the first day of the first calendar quarter be- the provision of a premium assistance sub- (b) CLARIFICATIONS REGARDING COVERAGE ginning after the close of the first regular sidy for a targeted low-income child in ac- OF MOTHERS.—Section 2103 of such Act (42 session of the State legislature that begins cordance with this paragraph. U.S.C. 1397cc) is amended by adding at the after the date of the enactment of this title. ‘‘(F) NON APPLICATION OF WAITING PERIOD end the following new subsection: For purposes of the previous sentence, in the FOR ENROLLMENT IN THE STATE MEDICAID PLAN ‘‘(g) CLARIFICATIONS REGARDING AUTHORITY case of a State that has a 2-year legislative OR THE STATE CHILD HEALTH PLAN.—A tar- TO PROVIDE POSTPARTUM SERVICES AND MA- session, each year of such session shall be geted low-income child provided a premium TERNAL HEALTH CARE.—Any State that pro- deemed to be a separate regular session of assistance subsidy in accordance with this vides child health assistance to an unborn the State legislature. paragraph who loses eligibility for such sub- child under the option described in section TITLE II—HEALTH INSURANCE MARKET- sidy shall not be treated as having been en- 2110(c)(1) may— PLACE MODERNIZATION AND AFFORD- rolled in private health insurance coverage ‘‘(1) continue to provide such assistance to ABILITY for purposes of applying any waiting period the mother, as well as postpartum services, SEC. 200. SHORT TITLE; PURPOSE. imposed under the State child health plan or through the end of the month in which the (a) SHORT TITLE.—This title may be cited the State plan under title XIX for the enroll- 60-day period (beginning on the last day of as the ‘‘Health Insurance Marketplace Mod- ment of the child under such plan. pregnancy) ends; and ernization and Affordability Act of 2007’’. ‘‘(G) ASSURANCE OF SPECIAL ENROLLMENT ‘‘(2) in the interest of the child to be born, (b) PURPOSES.—It is the purpose of this PERIOD UNDER GROUP HEALTH PLANS IN CASE have flexibility in defining and providing title to— OF ELIGIBILITY FOR PREMIUM SUBSIDY ASSIST- services to benefit either the mother or un- (1) make more affordable health insurance ANCE.—No payment shall be made under sub- born child consistent with the health of options available to small businesses, work- section (a) for amounts expended for the pro- both.’’. ing families, and all Americans; vision of premium assistance subsidies under SEC. 109. 50 PERCENT MATCHING RATE FOR ALL (2) assure effective State regulatory pro- this paragraph unless a State provides assur- MEDICAID ADMINISTRATIVE COSTS. tection of the interests of health insurance ances to the Secretary that the State has in Section 1903(a) of the Social Security Act consumers; and effect laws requiring a group health plan, a (42 U.S.C. 1396b(a)) is amended— (3) create a more efficient and affordable health insurance issuer offering group health (1) by striking paragraph (2); health insurance marketplace through col- insurance coverage in connection with a (2) by redesignating paragraph (3)(E) as laborative development of uniform regu- group health plan, and a self-funded health paragraph (2) and re-locating and indenting latory standards. plan, to permit an employee who is eligible, it appropriately; Subtitle A—Small Business Health Plans but not enrolled, for coverage under the (3) in paragraph (2), as so redesignated, by terms of the plan (or a child of such an em- redesignating clauses (i) and (ii) as subpara- SEC. 201. RULES GOVERNING SMALL BUSINESS ployee if the child is eligible, but not en- graphs (A) and (B), and indenting them ap- HEALTH PLANS. rolled, for coverage under such terms) to en- propriately; (a) IN GENERAL.—Subtitle B of title I of the roll for coverage under the terms of the plan (4) by striking paragraphs (3) and (4); Employee Retirement Income Security Act if the employee’s child becomes eligible for a (5) in paragraph (5), by striking ‘‘which are of 1974 is amended by adding after part 7 the premium assistance subsidy under this para- attributable to the offering, arranging, and following new part: graph. furnishing’’ and inserting ‘‘which are for the ‘‘PART 8—RULES GOVERNING SMALL ‘‘(H) NO EFFECT ON PREVIOUSLY APPROVED medical assistance costs of furnishing’’; BUSINESS HEALTH PLANS PREMIUM ASSISTANCE PROGRAMS.—Nothing in (6) by striking paragraph (6); ‘‘SEC. 801. SMALL BUSINESS HEALTH PLANS. this paragraph shall be construed as limiting (7) in paragraph (7), by striking ‘‘subject to ‘‘(a) IN GENERAL.—For purposes of this the authority of a State to offer premium as- section 1919(g)(3)(B),’’; and part, the term ‘small business health plan’ sistance under section 1906, a waiver de- (8) by redesignating paragraphs (5) and (7) means a fully insured group health plan scribed in paragraph (2)(B) or (3), a waiver as paragraphs (3) and (4), respectively. whose sponsor is (or is deemed under this approved under section 1115, or other author- SEC. 110. REDUCTION IN PAYMENTS FOR MED- part to be) described in subsection (b). ity in effect on June 28, 2007. ICAID ADMINISTRATIVE COSTS TO ‘‘(b) SPONSORSHIP.—The sponsor of a group ‘‘(I) NOTICE OF AVAILABILITY.—A State PREVENT DUPLICATION OF SUCH health plan is described in this subsection if shall— PAYMENTS UNDER TANF. such sponsor— ‘‘(i) include on any application or enroll- Section 1903 of such Act (42 U.S.C. 1396b) is ‘‘(1) is organized and maintained in good ment form for child health assistance a no- amended— faith, with a constitution and bylaws specifi- tice of the availability of premium assist- (1) in subsection (a)(7), by striking ‘‘section cally stating its purpose and providing for ance subsidies for the enrollment of targeted 1919(g)(3)(B)’’ and inserting ‘‘subsection (h)’’; periodic meetings on at least an annual low-income children in qualified employer (2) in subsection (a)(2)(D) by inserting ‘‘, basis, as a bona fide trade association, a sponsored coverage; subject to subsection (g)(3)(C) of such sec- bona fide industry association (including a ‘‘(ii) provide, as part of the application and tion’’ after ‘‘as are attributable to State ac- rural electric cooperative association or a enrollment process under the State child tivities under section 1919(g)’’; and rural telephone cooperative association), a health plan, information describing the (3) by adding after subsection (g) the fol- bona fide professional association, or a bona availability of such subsidies and how to lowing new subsection: fide chamber of commerce (or similar bona elect to obtain such a subsidy; and ‘‘(h) REDUCTION IN PAYMENTS FOR ADMINIS- fide business association, including a cor- ‘‘(iii) establish such other procedures as TRATIVE COSTS TO PREVENT DUPLICATION OF poration or similar organization that oper- the State determines necessary to ensure PAYMENTS UNDER TITLE IV.—Beginning with ates on a cooperative basis (within the mean- that parents are informed of the availability the calendar quarter commencing October 1, ing of section 1381 of the Internal Revenue of such subsidies under the State child 2007, the Secretary shall reduce the amount Code of 1986)), for substantial purposes other health plan.’’. paid to each State under subsection (a)(7) for than that of obtaining medical care; (b) APPLICATION TO MEDICAID.—Section 1906 each quarter by an amount equal to 1⁄4 of the ‘‘(2) is established as a permanent entity of the Social Security Act (42 U.S.C. 1396e) is annualized amount determined for the Med- which receives the active support of its amended by inserting after subsection (c) the icaid program under section 16(k)(2)(B) of the members and requires for membership pay- following: Food Stamp Act of 1977 (7 U.S.C. ment on a periodic basis of dues or payments ‘‘(d) The provisions of section 2105(c)(9) 2025(k)(2)(B)).’’. necessary to maintain eligibility for mem- shall apply to a child who is eligible for med- SEC. 111. EFFECTIVE DATE. bership; ical assistance under the State plan in the (a) IN GENERAL.—Subject to subsection (b), ‘‘(3) does not condition membership, such same manner as such provisions apply to a the amendments made by this title take ef- dues or payments, or coverage under the targeted low-income child under a State fect on October 1, 2007. plan on the basis of health status-related child health plan under title XXI. Section (b) DELAY IF STATE LEGISLATION RE- factors with respect to the employees of its 1902(a)(34) shall not apply to a child who is QUIRED.—In the case of a State child health members (or affiliated members), or the de- provided a premium assistance subsidy under plan under title XXI of the Social Security pendents of such employees, and does not the State plan in accordance with the pre- Act or a waiver of such plan under section condition such dues or payments on the basis ceding sentence.’’. 1115 of such Act which the Secretary of of group health plan participation; and SEC. 108. TREATMENT OF UNBORN CHILDREN. Health and Human Services determines re- ‘‘(4) does not condition membership on the (a) CODIFICATION OF CURRENT REGULA- quires State legislation (other than legisla- basis of a minimum group size. TIONS.—Section 2110(c)(1) of the Social Secu- tion appropriating funds) in order for the Any sponsor consisting of an association of rity Act (42 U.S.C. 1397jj(c)(1)) is amended by plan or waiver to meet the additional re- entities which meet the requirements of striking the period at the end and inserting quirements imposed by the amendments paragraphs (1), (2), (3), and (4) shall be the following: ‘‘, and includes, at the option made by this title, the State child health deemed to be a sponsor described in this sub- of a State, an unborn child. For purposes of plan or waiver shall not be regarded as fail- section.

VerDate Aug 31 2005 03:09 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\CR\FM\A26SE6.092 S26SEPT1 hmoore on PRODPC68 with HMSENATE September 26, 2007 CONGRESSIONAL RECORD — SENATE S12175 ‘‘SEC. 802. CERTIFICATION OF SMALL BUSINESS an owner, officer, director, or employee of, or from coverage under the plan is based on a HEALTH PLANS. partner in, a contract administrator or other health status-related factor with respect to ‘‘(a) IN GENERAL.—Not later than 6 months service provider to the plan. the employee and such employee would, but after the date of enactment of this part, the ‘‘(II) LIMITED EXCEPTION FOR PROVIDERS OF for such exclusion on such basis, be eligible applicable authority shall prescribe by in- SERVICES SOLELY ON BEHALF OF THE SPON- for coverage under the plan. terim final rule a procedure under which the SOR.—Officers or employees of a sponsor ‘‘(c) PROHIBITION OF DISCRIMINATION applicable authority shall certify small busi- which is a service provider (other than a con- AGAINST EMPLOYERS AND EMPLOYEES ELIGI- ness health plans which apply for certifi- tract administrator) to the plan may be BLE TO PARTICIPATE.—The requirements of cation as meeting the requirements of this members of the board if they constitute not this subsection are met with respect to a part. more than 25 percent of the membership of small business health plan if— ‘‘(b) REQUIREMENTS APPLICABLE TO CER- the board and they do not provide services to ‘‘(1) under the terms of the plan, all em- TIFIED PLANS.—A small business health plan the plan other than on behalf of the sponsor. ployers meeting the preceding requirements with respect to which certification under ‘‘(III) TREATMENT OF PROVIDERS OF MEDICAL of this section are eligible to qualify as par- this part is in effect shall meet the applica- CARE.—In the case of a sponsor which is an ticipating employers for all geographically ble requirements of this part, effective on association whose membership consists pri- available coverage options, unless, in the the date of certification (or, if later, on the marily of providers of medical care, sub- case of any such employer, participation or date on which the plan is to commence oper- clause (I) shall not apply in the case of any contribution requirements of the type re- ations). service provider described in subclause (I) ferred to in section 2711 of the Public Health ‘‘(c) REQUIREMENTS FOR CONTINUED CERTIFI- who is a provider of medical care under the Service Act are not met; CATION.—The applicable authority may pro- plan. vide by regulation for continued certifi- ‘‘(2) information regarding all coverage op- ‘‘(iii) CERTAIN PLANS EXCLUDED.—Clause (i) cation of small business health plans under tions available under the plan is made read- shall not apply to a small business health this part. Such regulation shall provide for ily available to any employer eligible to par- plan which is in existence on the date of the the revocation of a certification if the appli- ticipate; and enactment of the Health Insurance Market- cable authority finds that the small business ‘‘(3) the applicable requirements of sec- place Modernization and Affordability Act of health plan involved is failing to comply tions 701, 702, and 703 are met with respect to 2007. with the requirements of this part. the plan. ‘‘(B) SOLE AUTHORITY.—The board has sole ‘‘(d) EXPEDITED AND DEEMED CERTIFI- ‘‘SEC. 805. OTHER REQUIREMENTS RELATING TO authority under the plan to approve applica- CATION.— PLAN DOCUMENTS, CONTRIBUTION tions for participation in the plan and to ‘‘(1) IN GENERAL.—If the Secretary fails to RATES, AND BENEFIT OPTIONS. act on an application for certification under contract with insurers. ‘‘(a) IN GENERAL.—The requirements of this ‘‘(c) TREATMENT OF FRANCHISE NET- this section within 90 days of receipt of such section are met with respect to a small busi- WORKS.—In the case of a group health plan application, the applying small business ness health plan if the following require- which is established and maintained by a ments are met: health plan shall be deemed certified until franchiser for a franchise network consisting ‘‘(1) CONTENTS OF GOVERNING INSTRU- such time as the Secretary may deny for of its franchisees— MENTS.— cause the application for certification. ‘‘(1) the requirements of subsection (a) and ‘‘(A) IN GENERAL.—The instruments gov- ‘‘(2) CIVIL PENALTY.—The Secretary may section 801(a) shall be deemed met if such re- erning the plan include a written instru- assess a civil penalty against the board of quirements would otherwise be met if the ment, meeting the requirements of an in- trustees and plan sponsor (jointly and sever- franchiser were deemed to be the sponsor re- strument required under section 402(a)(1), ally) of a small business health plan that is ferred to in section 801(b), such network were which— deemed certified under paragraph (1) of up to deemed to be an association described in sec- ‘‘(i) provides that the board of trustees $500,000 in the event the Secretary deter- tion 801(b), and each franchisee were deemed serves as the named fiduciary required for mines that the application for certification to be a member (of the association and the plans under section 402(a)(1) and serves in of such small business health plan was will- sponsor) referred to in section 801(b); and the capacity of a plan administrator (re- fully or with gross negligence incomplete or ‘‘(2) the requirements of section 804(a)(1) ferred to in section 3(16)(A)); and inaccurate. shall be deemed met. ‘‘(ii) provides that the sponsor of the plan ‘‘SEC. 803. REQUIREMENTS RELATING TO SPON- The Secretary may by regulation define for SORS AND BOARDS OF TRUSTEES. purposes of this subsection the terms ‘fran- is to serve as plan sponsor (referred to in sec- ‘‘(a) SPONSOR.—The requirements of this chiser’, ‘franchise network’, and ‘franchisee’. tion 3(16)(B)). ‘‘(B) DESCRIPTION OF MATERIAL PROVI- subsection are met with respect to a small ‘‘SEC. 804. PARTICIPATION AND COVERAGE RE- business health plan if the sponsor has met QUIREMENTS. SIONS.—The terms of the health insurance (or is deemed under this part to have met) ‘‘(a) COVERED EMPLOYERS AND INDIVID- coverage (including the terms of any indi- the requirements of section 801(b) for a con- UALS.—The requirements of this subsection vidual certificates that may be offered to in- tinuous period of not less than 3 years end- are met with respect to a small business dividuals in connection with such coverage) ing with the date of the application for cer- health plan if, under the terms of the plan— describe the material benefit and rating, and tification under this part. ‘‘(1) each participating employer must be— other provisions set forth in this section and ‘‘(b) BOARD OF TRUSTEES.—The require- ‘‘(A) a member of the sponsor; such material provisions are included in the ments of this subsection are met with re- ‘‘(B) the sponsor; or summary plan description. spect to a small business health plan if the ‘‘(C) an affiliated member of the sponsor, ‘‘(2) CONTRIBUTION RATES MUST BE NON- following requirements are met: except that, in the case of a sponsor which is DISCRIMINATORY.— ‘‘(1) FISCAL CONTROL.—The plan is oper- a professional association or other indi- ‘‘(A) IN GENERAL.—The contribution rates ated, pursuant to a plan document, by a vidual-based association, if at least one of for any participating small employer shall board of trustees which pursuant to a trust the officers, directors, or employees of an not vary on the basis of any health status-re- agreement has complete fiscal control over employer, or at least one of the individuals lated factor in relation to employees of such the plan and which is responsible for all op- who are partners in an employer and who ac- employer or their beneficiaries and shall not erations of the plan. tively participates in the business, is a mem- vary on the basis of the type of business or ‘‘(2) RULES OF OPERATION AND FINANCIAL ber or such an affiliated member of the spon- industry in which such employer is engaged. CONTROLS.—The board of trustees has in ef- sor, participating employers may also in- ‘‘(B) EFFECT OF TITLE.—Nothing in this fect rules of operation and financial conclude such employer; and title or any other provision of law shall be trols, based on a 3-year plan of operation, ‘‘(2) all individuals commencing coverage construed to preclude a health insurance adequate to carry out the terms of the plan under the plan after certification under this issuer offering health insurance coverage in and to meet all requirements of this title ap- part must be— connection with a small business health plicable to the plan. ‘‘(A) active or retired owners (including plan, and at the request of such small busi- ‘‘(3) RULES GOVERNING RELATIONSHIP TO self-employed individuals), officers, direc- ness health plan, from— PARTICIPATING EMPLOYERS AND TO CONTRAC- tors, or employees of, or partners in, partici- ‘‘(i) setting contribution rates for the TORS.— pating employers; or small business health plan based on the ‘‘(A) BOARD MEMBERSHIP.— ‘‘(B) the dependents of individuals de- claims experience of the plan so long as any ‘‘(i) IN GENERAL.—Except as provided in scribed in subparagraph (A). variation in such rates complies with the re- clauses (ii) and (iii), the members of the ‘‘(b) INDIVIDUAL MARKET UNAFFECTED.—The quirements of clause (ii), except that small board of trustees are individuals selected requirements of this subsection are met with business health plans shall not be subject to from individuals who are the owners, offi- respect to a small business health plan if, paragraphs (1)(A) and (3) of section 2911(b) of cers, directors, or employees of the partici- under the terms of the plan, no participating the Public Health Service Act; or pating employers or who are partners in the employer may provide health insurance cov- ‘‘(ii) varying contribution rates for partici- participating employers and actively partici- erage in the individual market for any em- pating employers in a small business health pate in the business. ployee not covered under the plan which is plan in a State to the extent that such rates ‘‘(ii) LIMITATION.— similar to the coverage contemporaneously could vary using the same methodology em- ‘‘(I) GENERAL RULE.—Except as provided in provided to employees of the employer under ployed in such State for regulating small subclauses (II) and (III), no such member is the plan, if such exclusion of the employee group premium rates, subject to the terms of

VerDate Aug 31 2005 02:20 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\CR\FM\A26SE6.092 S26SEPT1 hmoore on PRODPC68 with HMSENATE S12176 CONGRESSIONAL RECORD — SENATE September 26, 2007 part I of subtitle A of title XXIX of the Pub- laws and authority of the non-domicile State laws and trust agreements), the summary lic Health Service Act (relating to rating re- shall remain in full force and effect. plan description, and other material describ- quirements), as added by subtitle B of the ‘‘(ii) REVOCATION OF PREEMPTION.—The pre- ing the benefits that will be provided to par- Health Insurance Marketplace Moderniza- emption of a non-domicile State’s health in- ticipants and beneficiaries under the plan. tion and Affordability Act of 2007. surance licensure laws pursuant to this sub- ‘‘(5) AGREEMENTS WITH SERVICE PRO- ‘‘(3) EXCEPTIONS REGARDING SELF-EMPLOYED paragraph, shall be terminated upon the oc- VIDERS.—A copy of any agreements between AND LARGE EMPLOYERS.— currence of either of the following: the plan, health insurance issuer, and con- ‘‘(A) SELF EMPLOYED.— ‘‘(I) APPROVAL OR DENIAL OF APPLICATION.— tract administrators and other service pro- ‘‘(i) IN GENERAL.—Small business health The approval of denial of an insurer’s licen- viders. plans with participating employers who are sure application, following the laws and reg- ‘‘(c) FILING NOTICE OF CERTIFICATION WITH self-employed individuals (and their depend- ulations of the non-domicile State with re- STATES.—A certification granted under this ents) shall enroll such self-employed partici- spect to licensure. part to a small business health plan shall not pating employers in accordance with rating ‘‘(II) DETERMINATION OF MATERIAL VIOLA- be effective unless written notice of such rules that do not violate the rating rules for TION.—A determination by a non-domicile certification is filed with the applicable self-employed individuals in the State in State that an insurer operating in a non- State authority of each State in which the which such self-employed participating em- domicile State pursuant to the preemption small business health plans operate. ployers are located. provided for in this subparagraph is in mate- ‘‘(d) NOTICE OF MATERIAL CHANGES.—In the ‘‘(ii) GUARANTEE ISSUE.—Small business rial violation of the insurance laws (other case of any small business health plan cer- health plans with participating employers than licensure and with respect to the terms tified under this part, descriptions of mate- who are self-employed individuals (and their of subtitle A of title XXIX of the Public rial changes in any information which was dependents) may decline to guarantee issue Health Service Act (relating to rating and required to be submitted with the applica- to such participating employers in States in benefits added by the Health Insurance Mar- tion for the certification under this part which guarantee issue is not otherwise re- ketplace Modernization and Affordability shall be filed in such form and manner as quired for the self-employed in that State. Act of 2007)) of such State. shall be prescribed by the applicable authority by regulation. The applicable authority ‘‘(B) LARGE EMPLOYERS.—Small business ‘‘(B) NO PROHIBITION ON PROMOTION.—Noth- may require by regulation prior notice of health plans with participating employers ing in this paragraph shall be construed to material changes with respect to specified that are larger than small employers (as de- prohibit a small business health plan or an matters which might serve as the basis for fined in section 808(a)(10)) shall enroll such insurer from promoting coverage prior to the suspension or revocation of the certification. large participating employers in accordance expiration of the 90-day period provided for with rating rules that do not violate the rat- in subparagraph (A), except that no enroll- ‘‘SEC. 807. NOTICE REQUIREMENTS FOR VOL- UNTARY TERMINATION. ing rules for large employers in the State in ment or collection of contributions shall ‘‘A small business health plan which is or which such large participating employers are occur before the expiration of such 90-day pe- has been certified under this part may termi- located. riod. nate (upon or at any time after cessation of ‘‘(4) REGULATORY REQUIREMENTS.—Such ‘‘(C) LICENSURE.—Except with respect to accruals in benefit liabilities) only if the other requirements as the applicable author- the application of the temporary preemption board of trustees, not less than 60 days be- ity determines are necessary to carry out provision of this paragraph, nothing in this fore the proposed termination date— the purposes of this part, which shall be pre- part shall be construed to limit the require- ‘‘(1) provides to the participants and bene- scribed by the applicable authority by regu- ment that insurers issuing coverage to small ficiaries a written notice of intent to termi- lation. business health plans shall be licensed in nate stating that such termination is in- ‘‘(b) ABILITY OF SMALL BUSINESS HEALTH each State in which the small business tended and the proposed termination date; PLANS TO DESIGN BENEFIT OPTIONS.—Nothing health plans operate. ‘‘(2) develops a plan for winding up the af- in this part or any provision of State law (as ‘‘(D) SERVICING BY LICENSED INSURERS.— fairs of the plan in connection with such ter- defined in section 514(c)(1)) shall be con- Notwithstanding subparagraph (C), the re- mination in a manner which will result in strued to preclude a small business health quirements of this subsection may also be plan or a health insurance issuer offering timely payment of all benefits for which the satisfied if the participating employers of a plan is obligated; and health insurance coverage in connection small business health plan are serviced by a with a small business health plan from exer- ‘‘(3) submits such plan in writing to the ap- licensed insurer in that State, even where plicable authority. cising its sole discretion in selecting the spe- such insurer is not the insurer of such small Actions required under this section shall be cific benefits and services consisting of med- business health plan in the State in which taken in such form and manner as may be ical care to be included as benefits under such small business health plan is domiciled. such plan or coverage, except that such bene- prescribed by the applicable authority by ‘‘SEC. 806. REQUIREMENTS FOR APPLICATION regulation. fits and services must meet the terms and AND RELATED REQUIREMENTS. ‘‘SEC. 808. DEFINITIONS AND RULES OF CON- specifications of part II of subtitle A of title ‘‘(a) FILING FEE.—Under the procedure pre- XXIX of the Public Health Service Act (re- scribed pursuant to section 802(a), a small STRUCTION. ‘‘(a) DEFINITIONS.—For purposes of this lating to lower cost plans), as added by sub- business health plan shall pay to the applica- part— title B of the Health Insurance Marketplace ble authority at the time of filing an applica- Modernization and Affordability Act of 2007. tion for certification under this part a filing ‘‘(1) AFFILIATED MEMBER.—The term ‘affili- ‘‘(c) DOMICILE AND NON-DOMICILE STATES.— fee in the amount of $5,000, which shall be ated member’ means, in connection with a ‘‘(1) DOMICILE STATE.—Coverage shall be available in the case of the Secretary, to the sponsor— issued to a small business health plan in the extent provided in appropriation Acts, for ‘‘(A) a person who is otherwise eligible to State in which the sponsor’s principal place the sole purpose of administering the certifi- be a member of the sponsor but who elects of business is located. cation procedures applicable with respect to an affiliated status with the sponsor, or ‘‘(2) NON-DOMICILE STATES.—With respect to small business health plans. ‘‘(B) in the case of a sponsor with members a State (other than the domicile State) in ‘‘(b) INFORMATION TO BE INCLUDED IN AP- which consist of associations, a person who which participating employers of a small PLICATION FOR CERTIFICATION.—An applica- is a member or employee of any such asso- business health plan are located but in which tion for certification under this part meets ciation and elects an affiliated status with the insurer of the small business health plan the requirements of this section only if it in- the sponsor. in the domicile State is not yet licensed, the cludes, in a manner and form which shall be ‘‘(2) APPLICABLE AUTHORITY.—The term ‘ap- following shall apply: prescribed by the applicable authority by plicable authority’ means the Secretary of ‘‘(A) TEMPORARY PREEMPTION.—If, upon the regulation, at least the following informa- Labor, except that, in connection with any expiration of the 90-day period following the tion: exercise of the Secretary’s authority with resubmission of a licensure application by such ‘‘(1) IDENTIFYING INFORMATION.—The names spect to which the Secretary is required insurer (that includes a certified copy of an and addresses of— under section 506(d) to consult with a State, approved licensure application as submitted ‘‘(A) the sponsor; and such term means the Secretary, in consulta- by such insurer in the domicile State) to ‘‘(B) the members of the board of trustees tion with such State. such State, such State has not approved or of the plan. ‘‘(3) APPLICABLE STATE AUTHORITY.—The denied such application, such State’s health ‘‘(2) STATES IN WHICH PLAN INTENDS TO DO term ‘applicable State authority’ means, insurance licensure laws shall be tempo- BUSINESS.—The States in which participants with respect to a health insurance issuer in rarily preempted and the insurer shall be and beneficiaries under the plan are to be lo- a State, the State insurance commissioner permitted to operate in such State, subject cated and the number of them expected to be or official or officials designated by the to the following terms: located in each such State. State to enforce the requirements of title ‘‘(i) APPLICATION OF NON-DOMICILE STATE ‘‘(3) BONDING REQUIREMENTS.—Evidence XXVII of the Public Health Service Act for LAW.—Except with respect to licensure and provided by the board of trustees that the the State involved with respect to such with respect to the terms of subtitle A of bonding requirements of section 412 will be issuer. title XXIX of the Public Health Service Act met as of the date of the application or (if ‘‘(4) GROUP HEALTH PLAN.—The term ‘group (relating to rating and benefits as added by later) commencement of operations. health plan’ has the meaning provided in sec- the Health Insurance Marketplace Mod- ‘‘(4) PLAN DOCUMENTS.—A copy of the docu- tion 733(a)(1) (after applying subsection (b) of ernization and Affordability Act of 2007), the ments governing the plan (including any by- this section).

VerDate Aug 31 2005 03:09 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 E:\CR\FM\A26SE6.092 S26SEPT1 hmoore on PRODPC68 with HMSENATE September 26, 2007 CONGRESSIONAL RECORD — SENATE S12177

‘‘(5) HEALTH INSURANCE COVERAGE.—The (1) Section 514(b)(6) of the Employee Re- ‘‘(d) CONSULTATION WITH STATES WITH RE- term ‘health insurance coverage’ has the tirement Income Security Act of 1974 (29 SPECT TO SMALL BUSINESS HEALTH PLANS.— meaning provided in section 733(b)(1), except U.S.C. 1144(b)(6)) is amended by adding at the ‘‘(1) AGREEMENTS WITH STATES.—The Sec- that such term shall not include excepted end the following new subparagraph: retary shall consult with the State recog- benefits (as defined in section 733(c)). ‘‘(E) The preceding subparagraphs of this nized under paragraph (2) with respect to a ‘‘(6) HEALTH INSURANCE ISSUER.—The term paragraph do not apply with respect to any small business health plan regarding the ex- ‘health insurance issuer’ has the meaning State law in the case of a small business ercise of— provided in section 733(b)(2). health plan which is certified under part 8.’’. ‘‘(A) the Secretary’s authority under sec- ‘‘(7) INDIVIDUAL MARKET.— (2) Section 514 of such Act (29 U.S.C. 1144) tions 502 and 504 to enforce the requirements ‘‘(A) IN GENERAL.—The term ‘individual is amended— for certification under part 8; and market’ means the market for health insur- (A) in subsection (b)(4), by striking ‘‘Sub- ‘‘(B) the Secretary’s authority to certify ance coverage offered to individuals other section (a)’’ and inserting ‘‘Subsections (a) small business health plans under part 8 in than in connection with a group health plan. and (d)’’; accordance with regulations of the Secretary ‘‘(B) TREATMENT OF VERY SMALL GROUPS.— (B) in subsection (b)(5), by striking ‘‘sub- applicable to certification under part 8. ‘‘(i) IN GENERAL.—Subject to clause (ii), section (a)’’ in subparagraph (A) and insert- ‘‘(2) RECOGNITION OF DOMICILE STATE.—In such term includes coverage offered in con- ing ‘‘subsection (a) of this section and sub- carrying out paragraph (1), the Secretary nection with a group health plan that has sections (a)(2)(B) and (b) of section 805’’, and shall ensure that only one State will be rec- fewer than 2 participants as current employ- by striking ‘‘subsection (a)’’ in subparagraph ognized, with respect to any particular small ees or participants described in section (B) and inserting ‘‘subsection (a) of this sec- business health plan, as the State with 732(d)(3) on the first day of the plan year. tion or subsection (a)(2)(B) or (b) of section which consultation is required. In carrying ‘‘(ii) STATE EXCEPTION.—Clause (i) shall not 805’’; out this paragraph such State shall be the apply in the case of health insurance cov- (C) by redesignating subsection (d) as sub- domicile State, as defined in section 805(c).’’. erage offered in a State if such State regu- section (e); and SEC. 203. EFFECTIVE DATE AND TRANSITIONAL lates the coverage described in such clause in (D) by inserting after subsection (c) the AND OTHER RULES. the same manner and to the same extent as following new subsection: (a) EFFECTIVE DATE.—The amendments coverage in the small group market (as de- ‘‘(d)(1) Except as provided in subsection made by this subtitle shall take effect 12 fined in section 2791(e)(5) of the Public (b)(4), the provisions of this title shall super- months after the date of the enactment of this Act. The Secretary of Labor shall first Health Service Act) is regulated by such sede any and all State laws insofar as they issue all regulations necessary to carry out State. may now or hereafter preclude a health in- the amendments made by this subtitle with- ‘‘(8) MEDICAL CARE.—The term ‘medical surance issuer from offering health insur- in 6 months after the date of the enactment care’ has the meaning provided in section ance coverage in connection with a small of this Act. business health plan which is certified under 733(a)(2). (b) TREATMENT OF CERTAIN EXISTING part 8. ‘‘(9) PARTICIPATING EMPLOYER.—The term HEALTH BENEFITS PROGRAMS.— ‘‘(2) In any case in which health insurance ‘participating employer’ means, in connec- (1) IN GENERAL.—In any case in which, as of tion with a small business health plan, any coverage of any policy type is offered under the date of the enactment of this Act, an ar- employer, if any individual who is an em- a small business health plan certified under rangement is maintained in a State for the ployee of such employer, a partner in such part 8 to a participating employer operating purpose of providing benefits consisting of employer, or a self-employed individual who in such State, the provisions of this title medical care for the employees and bene- is such employer (or any dependent, as de- shall supersede any and all laws of such ficiaries of its participating employers, at fined under the terms of the plan, of such in- State insofar as they may establish rating least 200 participating employers make con- dividual) is or was covered under such plan and benefit requirements that would other- tributions to such arrangement, such ar- in connection with the status of such indi- wise apply to such coverage, provided the re- rangement has been in existence for at least vidual as such an employee, partner, or self- quirements of subtitle A of title XXIX of the 10 years, and such arrangement is licensed employed individual in relation to the plan. Public Health Service Act (as added by title under the laws of one or more States to pro- ‘‘(10) SMALL EMPLOYER.—The term ‘small II of the Health Insurance Marketplace Mod- vide such benefits to its participating em- employer’ means, in connection with a group ernization and Affordability Act of 2007) ployers, upon the filing with the applicable health plan with respect to a plan year, a (concerning health plan rating and benefits) authority (as defined in section 808(a)(2) of small employer as defined in section are met.’’. the Employee Retirement Income Security 2791(e)(4). (c) PLAN SPONSOR.—Section 3(16)(B) of the Act of 1974 (as amended by this subtitle)) by ‘‘(11) TRADE ASSOCIATION AND PROFESSIONAL Employee Retirement Income Security Act the arrangement of an application for cer- ASSOCIATION.—The terms ‘trade association’ of 1974 (29 U.S.C. 102(16)(B)) is amended by tification of the arrangement under part 8 of and ‘professional association’ mean an entity adding at the end the following new sen- subtitle B of title I of such Act— that meets the requirements of section tence: ‘‘Such term also includes a person (A) such arrangement shall be deemed to 1.501(c)(6)-1 of title 26, Code of Federal Regu- serving as the sponsor of a small business be a group health plan for purposes of title I lations (as in effect on the date of enactment health plan under part 8.’’. of such Act; of this section). (d) SAVINGS CLAUSE.—Section 731(c) of the (B) the requirements of sections 801(a) and ‘‘(b) RULE OF CONSTRUCTION.—For purposes Employee Retirement Income Security Act 803(a) of the Employee Retirement Income of determining whether a plan, fund, or proof 1974 is amended by inserting ‘‘or part 8’’ Security Act of 1974 shall be deemed met gram is an employee welfare benefit plan after ‘‘this part’’. with respect to such arrangement; which is a small business health plan, and (e) CLERICAL AMENDMENT.—The table of (C) the requirements of section 803(b) of for purposes of applying this title in connec- contents in section 1 of the Employee Retire- such Act shall be deemed met, if the arrange- tion with such plan, fund, or program so de- ment Income Security Act of 1974 is amended ment is operated by a board of trustees termined to be such an employee welfare by inserting after the item relating to sec- which— benefit plan— tion 734 the following new items: (i) is elected by the participating employ- ‘‘(1) in the case of a partnership, the term ‘‘PART 8—RULES GOVERNING SMALL BUSINESS ers, with each employer having one vote; and ‘employer’ (as defined in section 3(5)) in- HEALTH PLANS (ii) has complete fiscal control over the ar- cludes the partnership in relation to the rangement and which is responsible for all partners, and the term ‘employee’ (as defined ‘‘801. Small business health plans. ‘‘802. Certification of small business health operations of the arrangement; in section 3(6)) includes any partner in rela- plans. (D) the requirements of section 804(a) of tion to the partnership; and ‘‘803. Requirements relating to sponsors and such Act shall be deemed met with respect to ‘‘(2) in the case of a self-employed indi- boards of trustees. such arrangement; and vidual, the term ‘employer’ (as defined in ‘‘804. Participation and coverage require- (E) the arrangement may be certified by section 3(5)) and the term ‘employee’ (as de- ments. any applicable authority with respect to its fined in section 3(6)) shall include such indi- ‘‘805. Other requirements relating to plan operations in any State only if it operates in vidual. documents, contribution rates, such State on the date of certification. ‘‘(c) RENEWAL.—Notwithstanding any provision of law to the contrary, a participating and benefit options. The provisions of this subsection shall cease employer in a small business health plan ‘‘806. Requirements for application and re- to apply with respect to any such arrange- shall not be deemed to be a plan sponsor in lated requirements. ment at such time after the date of the en- applying requirements relating to coverage ‘‘807. Notice requirements for voluntary ter- actment of this Act as the applicable re- renewal. mination. quirements of this subsection are not met ‘‘(d) HEALTH SAVINGS ACCOUNTS.—Nothing ‘‘808. Definitions and rules of construction.’’. with respect to such arrangement or at such in this part shall be construed to inhibit the SEC. 202. COOPERATION BETWEEN FEDERAL AND time that the arrangement provides coverage development of health savings accounts pur- STATE AUTHORITIES. to participants and beneficiaries in any suant to section 223 of the Internal Revenue Section 506 of the Employee Retirement State other than the States in which cov- Code of 1986.’’. Income Security Act of 1974 (29 U.S.C. 1136) is erage is provided on such date of enactment. (b) CONFORMING AMENDMENTS TO PREEMP- amended by adding at the end the following (2) DEFINITIONS.—For purposes of this sub- TION RULES.— new subsection: section, the terms ‘‘group health plan’’,

VerDate Aug 31 2005 02:20 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 E:\CR\FM\A26SE6.093 S26SEPT1 hmoore on PRODPC68 with HMSENATE S12178 CONGRESSIONAL RECORD — SENATE September 26, 2007 ‘‘medical care’’, and ‘‘participating em- coverage issued in the small group health in- adjustment shall be applied uniformly to the ployer’’ shall have the meanings provided in surance market, except that such term shall rates charged for all employees and depend- section 808 of the Employee Retirement In- not include excepted benefits (as defined in ents of the small employer. come Security Act of 1974, except that the section 2791(c)). ‘‘(E) USE OF INDUSTRY AS A CASE CHAR- reference in paragraph (7) of such section to ‘‘(6) INDEX RATE.—The term ‘index rate’ ACTERISTIC.—A small employer carrier may an ‘‘small business health plan’’ shall be means for each class of business with respect utilize industry as a case characteristic in deemed a reference to an arrangement re- to the rating period for small employers with establishing premium rates, so long as the ferred to in this subsection. similar case characteristics, the arithmetic highest rate factor associated with any in- Subtitle B—Market Relief average of the applicable base premium rate dustry classification does not exceed the SEC. 211. MARKET RELIEF. and the corresponding highest premium rate. lowest rate factor associated with any indus- The Public Health Service Act (42 U.S.C. ‘‘(7) MODEL SMALL GROUP RATING RULES.— try classification by more than 15 percent. 201 et seq.) is amended by adding at the end The term ‘ Model Small Group Rating Rules’ ‘‘(F) CONSISTENT APPLICATION OF FAC- the following: means the rules set forth in subsection (b). TORS.—Small employer carriers shall apply ‘‘(8) NONADOPTING STATE.—The term ‘non- rating factors, including case characteris- ‘‘TITLE XXX—HEALTH CARE INSURANCE adopting State’ means a State that is not an tics, consistently with respect to all small MARKETPLACE MODERNIZATION adopting State. employers in a class of business. Rating fac- ‘‘SEC. 3001. GENERAL INSURANCE DEFINITIONS. ‘‘(9) SMALL GROUP INSURANCE MARKET.—The tors shall produce premiums for identical ‘‘In this title, the terms ‘health insurance term ‘small group insurance market’ shall groups which differ only by the amounts at- coverage’, ‘health insurance issuer’, ‘group have the meaning given the term ‘small tributable to plan design and do not reflect health plan’, and ‘individual health insur- group market’ in section 2791(e)(5). differences due to the nature of the groups ance’ shall have the meanings given such ‘‘(10) STATE LAW.—The term ‘State law’ assumed to select particular health benefit terms in section 2791. means all laws, decisions, rules, regulations, plans. ‘‘Subtitle A—Market Relief or other State actions (including actions by ‘‘(G) TREATMENT OF PLANS AS HAVING SAME ‘‘PART I—RATING REQUIREMENTS a State agency) having the effect of law, of RATING PERIOD.—A small employer carrier ‘‘SEC. 3011. DEFINITIONS. any State. shall treat all health benefit plans issued or ‘‘(a) GENERAL DEFINITIONS.—In this part: ‘‘(b) DEFINITION RELATING TO MODEL SMALL renewed in the same calendar month as hav- ‘‘(1) ADOPTING STATE.—The term ‘adopting GROUP RATING RULES.—The term ‘Model ing the same rating period. State’ means a State that, with respect to Small Group Rating Rules’ means adapted ‘‘(H) RESTRICTED NETWORK PROVISIONS.— the small group market, has enacted either rating rules drawn from the Adopted Small For purposes of this subsection, a health the Model Small Group Rating Rules or, if Employer Health Insurance Availability benefit plan that contains a restricted net- applicable to such State, the Transitional Model Act of 1993 of the National Association work provision shall not be considered simi- Model Small Group Rating Rules, each in of Insurance Commissioners consisting of the lar coverage to a health benefit plan that their entirety and as the exclusive laws of following: does not contain a similar provision if the the State that relate to rating in the small ‘‘(1) PREMIUM RATES.—Premium rates for restriction of benefits to network providers group insurance market. health benefit plans to which this title ap- results in substantial differences in claims ‘‘(2) APPLICABLE STATE AUTHORITY.—The plies shall be subject to the following provi- costs. term ‘applicable State authority’ means, sions relating to premiums: ‘‘(I) PROHIBITION ON USE OF CERTAIN CASE with respect to a health insurance issuer in ‘‘(A) INDEX RATE.—The index rate for a rat- CHARACTERISTICS.—The small employer car- a State, the State insurance commissioner ing period for any class of business shall not rier shall not use case characteristics other or official or officials designated by the exceed the index rate for any other class of than age, gender, industry, geographic area, State to enforce the insurance laws of such business by more than 20 percent. family composition, group size, and partici- State. ‘‘(B) CLASS OF BUSINESSES.—With respect pation in wellness programs without prior ‘‘(3) BASE PREMIUM RATE.—The term ‘base to a class of business, the premium rates approval of the applicable State authority. premium rate’ means, for each class of busi- charged during a rating period to small em- ‘‘(J) REQUIRE COMPLIANCE.—Premium rates ness with respect to a rating period, the low- ployers with similar case characteristics for for small business health benefit plans shall est premium rate charged or that could have the same or similar coverage or the rates comply with the requirements of this sub- been charged under a rating system for that that could be charged to such employers section notwithstanding any assessments class of business by the small employer car- under the rating system for that class of paid or payable by a small employer carrier rier to small employers with similar case business, shall not vary from the index rate as required by a State’s small employer car- characteristics for health benefit plans with by more than 25 percent of the index rate rier reinsurance program. the same or similar coverage. under subparagraph (A). ‘‘(2) ESTABLISHMENT OF SEPARATE CLASS OF ‘‘(4) ELIGIBLE INSURER.—The term ‘eligible ‘‘(C) INCREASES FOR NEW RATING PERIODS.— BUSINESS.—Subject to paragraph (3), a small insurer’ means a health insurance issuer The percentage increase in the premium rate employer carrier may establish a separate that is licensed in a State and that— charged to a small employer for a new rating class of business only to reflect substantial ‘‘(A) notifies the Secretary, not later than period may not exceed the sum of the fol- differences in expected claims experience or 30 days prior to the offering of coverage de- lowing: administrative costs related to the fol- scribed in this subparagraph, that the issuer ‘‘(i) The percentage change in the new lowing: intends to offer health insurance coverage business premium rate measured from the ‘‘(A) The small employer carrier uses more consistent with the Model Small Group Rat- first day of the prior rating period to the than one type of system for the marketing ing Rules or, as applicable, transitional first day of the new rating period. In the case and sale of health benefit plans to small em- small group rating rules in a State; of a health benefit plan into which the small ployers. ‘‘(B) notifies the insurance department of a employer carrier is no longer enrolling new ‘‘(B) The small employer carrier has ac- nonadopting State (or other State agency), small employers, the small employer carrier quired a class of business from another small not later than 30 days prior to the offering of shall use the percentage change in the base employer carrier. coverage described in this subparagraph, premium rate, except that such change shall ‘‘(C) The small employer carrier provides that the issuer intends to offer small group not exceed, on a percentage basis, the change coverage to one or more association groups health insurance coverage in that State con- in the new business premium rate for the that meet the requirements of this title. sistent with the Model Small Group Rating most similar health benefit plan into which ‘‘(3) LIMITATION.—A small employer carrier Rules, and provides with such notice a copy the small employer carrier is actively enroll- may establish up to 9 separate classes of of any insurance policy that it intends to ing new small employers. business under paragraph (2), excluding those offer in the State, its most recent annual ‘‘(ii) Any adjustment, not to exceed 15 per- classes of business related to association and quarterly financial reports, and any cent annually and adjusted pro rata for rat- groups under this title. other information required to be filed with ing periods of less then 1 year, due to the ‘‘(4) ADDITIONAL GROUPINGS.—The applica- the insurance department of the State (or claim experience, health status or duration ble State authority may approve the estab- other State agency); and of coverage of the employees or dependents lishment of additional distinct groupings by ‘‘(C) includes in the terms of the health in- of the small employer as determined from small employer carriers upon the submission surance coverage offered in nonadopting the small employer carrier’s rate manual for of an application to the applicable State au- States (including in the terms of any indi- the class of business involved. thority and a finding by the applicable State vidual certificates that may be offered to in- ‘‘(iii) Any adjustment due to change in authority that such action would enhance dividuals in connection with such group coverage or change in the case characteris- the efficiency and fairness of the small em- health coverage) and filed with the State tics of the small employer as determined ployer insurance marketplace. pursuant to subparagraph (B), a description from the small employer carrier’s rate man- ‘‘(5) LIMITATION ON TRANSFERS.—A small in the insurer’s contract of the Model Small ual for the class of business. employer carrier shall not transfer a small Group Rating Rules and an affirmation that ‘‘(D) UNIFORM APPLICATION OF ADJUST- employer involuntarily into or out of a class such Rules are included in the terms of such MENTS.—Adjustments in premium rates for of business. A small employer carrier shall contract. claim experience, health status, or duration not offer to transfer a small employer into or ‘‘(5) HEALTH INSURANCE COVERAGE.—The of coverage shall not be charged to indi- out of a class of business unless such offer is term ‘health insurance coverage’ means any vidual employees or dependents. Any such made to transfer all small employers in the

VerDate Aug 31 2005 02:20 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 E:\CR\FM\A26SE6.093 S26SEPT1 hmoore on PRODPC68 with HMSENATE September 26, 2007 CONGRESSIONAL RECORD — SENATE S12179 class of business without regard to case char- ards and timelines with respect to inde- or affect any remedy available under the acteristics, claim experience, health status pendent rating classes for old and new busi- Employee Retirement Income Security Act or duration of coverage since issue. ness, to the extent reasonably necessary to of 1974. ‘‘(6) SUSPENSION OF THE RULES.—The appli- protect health insurance consumers and to ‘‘(c) EFFECTIVE DATE.—This section shall cable State authority may suspend, for a ensure a stable and fair transition for old apply, at the election of the eligible insurer, specified period, the application of paragraph and new market entrants. beginning in the first plan year or the first (1) to the premium rates applicable to one or ‘‘(4) OTHER TRANSITIONAL AUTHORITY.—In calendar year following the issuance of the more small employers included within a developing the Transitional Model Small final rules by the Secretary under the Model class of business of a small employer carrier Group Rating Rules under paragraph (1), the Small Group Rating Rules or, as applicable, for one or more rating periods upon a filing Secretary shall provide for the application of the Transitional Model Small Group Rating by the small employer carrier and a finding the Transitional Model Small Group Rating Rules, but in no event earlier than the date by the applicable State authority either that Rules in transition States as the Secretary that is 12 months after the date of enact- the suspension is reasonable when consid- may determine necessary for a an effective ment of this title. ering the financial condition of the small transition. ‘‘SEC. 3014. CIVIL ACTIONS AND JURISDICTION. employer carrier or that the suspension ‘‘(c) MARKET RE-ENTRY.— ‘‘(a) IN GENERAL.—The courts of the United would enhance the efficiency and fairness of ‘‘(1) IN GENERAL.—Notwithstanding any States shall have exclusive jurisdiction over the marketplace for small employer health other provision of law, a health insurance civil actions involving the interpretation of insurance. issuer that has voluntarily withdrawn from this part. ‘‘SEC. 3012. RATING RULES. providing coverage in the small group mar- ‘‘(b) ACTIONS.—An eligible insurer may ‘‘(a) IMPLEMENTATION OF MODEL SMALL ket prior to the date of enactment of the bring an action in the district courts of the GROUP RATING RULES.—Not later than 6 Health Insurance Marketplace Moderniza- United States for injunctive or other equi- months after the enactment of this title, the tion and Affordability Act of 2007 shall not table relief against any officials or agents of Secretary shall promulgate regulations im- be excluded from re-entering such market on a nonadopting State in connection with any plementing the Model Small Group Rating a date that is more than 180 days after such conduct or action, or proposed conduct or ac- Rules pursuant to section 3011(b). date of enactment. tion, by such officials or agents which vio- ‘‘(b) TRANSITIONAL MODEL SMALL GROUP ‘‘(2) TERMINATION.—The provision of this lates, or which would if undertaken violate, RATING RULES.— subsection shall terminate on the date that section 3013. ‘‘(c) DIRECT FILING IN COURT OF APPEALS.— ‘‘(1) IN GENERAL.—Not later than 6 months is 24 months after the date of enactment of after the date of enactment of this title and the Health Insurance Marketplace Mod- At the election of the eligible insurer, an ac- to the extent necessary to provide for a grad- ernization and Affordability Act of 2007. tion may be brought under subsection (b) di- uated transition to the Model Small Group ‘‘SEC. 3013. APPLICATION AND PREEMPTION. rectly in the United States Court of Appeals for the circuit in which the nonadopting Rating Rules, the Secretary, in consultation ‘‘(a) SUPERSEDING OF STATE LAW.— State is located by the filing of a petition for with the NAIC, shall promulgate Transi- ‘‘(1) IN GENERAL.—This part shall supersede tional Model Small Group Rating Rules in any and all State laws of a non-adopting review in such Court. ‘‘(d) EXPEDITED REVIEW.— accordance with this subsection, which shall State insofar as such State laws (whether en- ‘‘(1) DISTRICT COURT.—In the case of an ac- be applicable with respect to certain non- acted prior to or after the date of enactment tion brought in a district court of the United adopting States for a period of not to exceed of this subtitle) relate to rating in the small States under subsection (b), such court shall 5 years from the date of the promulgation of group insurance market as applied to an eli- complete such action, including the issuance the Model Small Group Rating Rules pursu- gible insurer, or small group health insur- of a judgment, prior to the end of the 120-day ant to subsection (a). After the expiration of ance coverage issued by an eligible insurer, period beginning on the date on which such such 5-year period, the transitional model including with respect to coverage issued to action is filed, unless all parties to such pro- small group rating rules shall expire, and the a small employer through a small business ceeding agree to an extension of such period. Model Small Group Rating Rules shall then health plan, in a State. ‘‘(2) COURT OF APPEALS.—In the case of an apply with respect to all non-adopting States ‘‘(2) NONADOPTING STATES.—This part shall action brought directly in a United States pursuant to the provisions of this part. supersede any and all State laws of a non- Court of Appeal under subsection (c), or in ‘‘(2) PREMIUM VARIATION DURING TRANSI- adopting State insofar as such State laws the case of an appeal of an action brought in TION.— (whether enacted prior to or after the date of a district court under subsection (b), such ‘‘(A) TRANSITION STATES.—During the tran- enactment of this subtitle)— Court shall complete all action on the peti- sition period described in paragraph (1), ‘‘(A) prohibit an eligible insurer from offer- tion, including the issuance of a judgment, small group health insurance coverage of- ing, marketing, or implementing small prior to the end of the 60-day period begin- fered in a non-adopting State that had in group health insurance coverage consistent ning on the date on which such petition is place premium rating band requirements or with the Model Small Group Rating Rules or filed with the Court, unless all parties to premium limits that varied by less than 12.5 transitional model small group rating rules; such proceeding agree to an extension of percent from the index rate within a class of or such period. business on the date of enactment of this ‘‘(B) have the effect of retaliating against ‘‘(e) STANDARD OF REVIEW.—A court in an title, shall not be subject to the premium or otherwise punishing in any respect an eli- action filed under this section, shall render a variation provision of section 3011(b)(1) of gible insurer for offering, marketing, or im- judgment based on a review of the merits of the Model Small Group Rating Rules and plementing small group health insurance all questions presented in such action and shall instead be subject to the Transitional coverage consistent with the Model Small shall not defer to any conduct or action, or Model Small Group Rating Rules as promul- Group Rating Rules or transitional model proposed conduct or action, of a nonadopting gated by the Secretary pursuant to para- small group rating rules. State. graph (1). ‘‘(b) SAVINGS CLAUSE AND CONSTRUCTION.— ‘‘SEC. 3015. ONGOING REVIEW. ‘‘(B) NON-TRANSITION STATES.—During the ‘‘(1) NONAPPLICATION TO ADOPTING STATES.— transition period described in paragraph (1), Subsection (a) shall not apply with respect ‘‘Not later than 5 years after the date on and thereafter, small group health insurance to adopting states. which the Model Small Group Rating Rules are issued under this part, and every 5 years coverage offered in a non-adopting State ‘‘(2) NONAPPLICATION TO CERTAIN INSUR- thereafter, the Secretary, in consultation that had in place premium rating band re- ERS.—Subsection (a) shall not apply with requirements or premium limits that varied by spect to insurers that do not qualify as eligi- with the National Association of Insurance more than 12.5 percent from the index rate ble insurers that offer small group health in- Commissioners, shall prepare and submit to within a class of business on the date of en- surance coverage in a nonadopting State. the appropriate committees of Congress a report that assesses the effect of the Model actment of this title, shall not be subject to ‘‘(3) NONAPPLICATION WHERE OBTAINING RE- Small Group Rating Rules on access, cost, the Transitional Model Small Group Rating LIEF UNDER STATE LAW.—Subsection (a)(1) Rules as promulgated by the Secretary pur- shall not supercede any State law in a non- and market functioning in the small group suant to paragraph (1), and instead shall be adopting State to the extent necessary to market. Such report may, if the Secretary, subject to the Model Small Group Rating permit individuals or the insurance depart- in consultation with the National Associa- Rules effective beginning with the first plan ment of the State (or other State agency) to tion of Insurance Commissioners, determines year or calendar year following the promul- obtain relief under State law to require an such is appropriate for improving access, gation of such Rules, at the election of the eligible insurer to comply with the Model costs, and market functioning, contain legis- eligible insurer. Small Group Rating Rules or transitional lative proposals for recommended modification to such Model Small Group Rating ‘‘(3) TRANSITIONING OF OLD BUSINESS.—In model small group rating rules. Rules. developing the transitional model small ‘‘(4) NO EFFECT ON PREEMPTION.—In no case group rating rules under paragraph (1), the shall this part be construed to limit or affect ‘‘PART II—AFFORDABLE PLANS Secretary shall, after consultation with the in any manner the preemptive scope of sec- ‘‘SEC. 3021. DEFINITIONS. National Association of Insurance Commis- tions 502 and 514 of the Employee Retirement ‘‘In this part: sioners and representatives of insurers oper- Income Security Act of 1974. In no case shall ‘‘(1) ADOPTING STATE.—The term ‘adopting ating in the small group health insurance this part be construed to create any cause of State’ means a State that has enacted the market, promulgate special transition stand- action under Federal or State law or enlarge Benefit Choice Standards in their entirety

VerDate Aug 31 2005 02:20 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00103 Fmt 0624 Sfmt 0634 E:\CR\FM\A26SE6.093 S26SEPT1 hmoore on PRODPC68 with HMSENATE S12180 CONGRESSIONAL RECORD — SENATE September 26, 2007 and as the exclusive laws of the State that health plan, the participating employers of ‘‘SEC. 3024. CIVIL ACTIONS AND JURISDICTION. relate to benefit, service, and provider man- such plan) an enhanced option, which shall ‘‘(a) IN GENERAL.—The courts of the United dates in the group and individual insurance at a minimum include such covered benefits, States shall have exclusive jurisdiction over markets. services, and categories of providers as are civil actions involving the interpretation of ‘‘(2) BENEFIT CHOICE STANDARDS.—The term covered by a State employee coverage plan this part. ‘Benefit Choice Standards’ means the Stand- in one of the 5 most populous States as are ‘‘(b) ACTIONS.—An eligible insurer may ards issued under section 3022. in effect in the calendar year in which such bring an action in the district courts of the ‘‘(3) ELIGIBLE INSURER.—The term ‘eligible enhanced option is offered. United States for injunctive or other equi- insurer’ means a health insurance issuer ‘‘(4) PUBLICATION OF BENEFITS.—Not later table relief against any officials or agents of that is licensed in a nonadopting State and than 3 months after the date of enactment of a nonadopting State in connection with any that— this title, and on the first day of every cal- conduct or action, or proposed conduct or ac- ‘‘(A) notifies the Secretary, not later than endar year thereafter, the Secretary shall tion, by such officials or agents which vio- 30 days prior to the offering of coverage de- publish in the Federal Register such covered lates, or which would if undertaken violate, scribed in this subparagraph, that the issuer benefits, services, and categories of providers section 3023. intends to offer health insurance coverage covered in that calendar year by the State ‘‘(c) DIRECT FILING IN COURT OF APPEALS.— consistent with the Benefit Choice Standards employee coverage plans in the 5 most popu- At the election of the eligible insurer, an ac- in a nonadopting State; lous States. tion may be brought under subsection (b) di- ‘‘(B) notifies the insurance department of a ‘‘(b) EFFECTIVE DATES.— rectly in the United States Court of Appeals nonadopting State (or other State agency), ‘‘(1) SMALL BUSINESS HEALTH PLANS.—With for the circuit in which the nonadopting not later than 30 days prior to the offering of respect to health insurance provided to par- State is located by the filing of a petition for coverage described in this subparagraph, ticipating employers of small business review in such Court. that the issuer intends to offer health insur- health plans, the requirements of this part ‘‘(d) EXPEDITED REVIEW.— ance coverage in that State consistent with (concerning lower cost plans) shall apply be- ‘‘(1) DISTRICT COURT.—In the case of an ac- the Benefit Choice Standards, and provides ginning on the date that is 12 months after tion brought in a district court of the United with such notice a copy of any insurance pol- the date of enactment of this title. States under subsection (b), such court shall icy that it intends to offer in the State, its ‘‘(2) NON-ASSOCIATION COVERAGE.—With re- complete such action, including the issuance most recent annual and quarterly financial spect to health insurance provided to groups of a judgment, prior to the end of the 120-day reports, and any other information required or individuals other than participating em- period beginning on the date on which such to be filed with the insurance department of ployers of small business health plans, the action is filed, unless all parties to such pro- the State (or other State agency) by the Sec- requirements of this part shall apply begin- ceeding agree to an extension of such period. retary in regulations; and ning on the date that is 15 months after the ‘‘(2) COURT OF APPEALS.—In the case of an ‘‘(C) includes in the terms of the health in- date of enactment of this title. action brought directly in a United States surance coverage offered in nonadopting Court of Appeal under subsection (c), or in States (including in the terms of any indi- ‘‘SEC. 3023. APPLICATION AND PREEMPTION. the case of an appeal of an action brought in vidual certificates that may be offered to in- ‘‘(a) SUPERCEDING OF STATE LAW.— a district court under subsection (b), such dividuals in connection with such group ‘‘(1) IN GENERAL.—This part shall supersede Court shall complete all action on the peti- health coverage) and filed with the State any and all State laws insofar as such laws tion, including the issuance of a judgment, pursuant to subparagraph (B), a description relate to mandates relating to covered bene- prior to the end of the 60-day period begin- in the insurer’s contract of the Benefit fits, services, or categories of provider in the ning on the date on which such petition is Choice Standards and that adherence to such health insurance market as applied to an eli- filed with the Court, unless all parties to Standards is included as a term of such con- gible insurer, or health insurance coverage such proceeding agree to an extension of tract. issued by an eligible insurer, including with such period. ‘‘(4) HEALTH INSURANCE COVERAGE.—The respect to coverage issued to a small busi- ‘‘(e) STANDARD OF REVIEW.—A court in an term ‘health insurance coverage’ means any ness health plan, in a nonadopting State. action filed under this section, shall render a coverage issued in the group or individual ‘‘(2) NONADOPTING STATES.—This part shall judgment based on a review of the merits of health insurance markets, except that such supersede any and all State laws of a non- all questions presented in such action and term shall not include excepted benefits (as adopting State (whether enacted prior to or shall not defer to any conduct or action, or defined in section 2791(c)). after the date of enactment of this title) in- proposed conduct or action, of a nonadopting ‘‘(5) NONADOPTING STATE.—The term ‘non- sofar as such laws— State. adopting State’ means a State that is not an ‘‘(A) prohibit an eligible insurer from offer- ‘‘SEC. 3025. RULES OF CONSTRUCTION. adopting State. ing, marketing, or implementing health in- ‘‘(a) IN GENERAL.—Notwithstanding any ‘‘(6) SMALL GROUP INSURANCE MARKET.—The surance coverage consistent with the Benefit other provision of Federal or State law, a term ‘small group insurance market’ shall Choice Standards, as provided for in section health insurance issuer in an adopting State have the meaning given the term ‘small 3022(a); or or an eligible insurer in a non-adopting State group market’ in section 2791(e)(5). ‘‘(B) have the effect of retaliating against may amend its existing policies to be con- ‘‘(7) STATE LAW.—The term ‘State law’ or otherwise punishing in any respect an eli- sistent with the terms of this subtitle (con- means all laws, decisions, rules, regulations, gible insurer for offering, marketing, or im- cerning rating and benefits). or other State actions (including actions by plementing health insurance coverage con- ‘‘(b) HEALTH SAVINGS ACCOUNTS.—Nothing a State agency) having the effect of law, of sistent with the Benefit Choice Standards. in this subtitle shall be construed to inhibit any State. ‘‘(b) SAVINGS CLAUSE AND CONSTRUCTION.— the development of health savings accounts ‘‘SEC. 3022. OFFERING AFFORDABLE PLANS. ‘‘(1) NONAPPLICATION TO ADOPTING STATES.— pursuant to section 223 of the Internal Rev- ‘‘(a) BENEFIT CHOICE OPTIONS.— Subsection (a) shall not apply with respect enue Code of 1986.’’. ‘‘(1) DEVELOPMENT.—Not later than 6 to adopting States. Subtitle C—Harmonization of Health months after the date of enactment of this ‘‘(2) NONAPPLICATION TO CERTAIN INSUR- Insurance Standards title, the Secretary shall issue, by interim ERS.—Subsection (a) shall not apply with re- SEC. 221. HEALTH INSURANCE STANDARDS HAR- final rule, Benefit Choice Standards that im- spect to insurers that do not qualify as eligi- MONIZATION. plement the standards provided for in this ble insurers who offer health insurance cov- Title XXIX of the Public Health Service part. erage in a nonadopting State. Act (as added by section 201) is amended by ‘‘(2) BASIC OPTIONS.—The Benefit Choice ‘‘(3) NONAPPLICATION WHERE OBTAINING RE- adding at the end the following: Standards shall provide that a health insur- LIEF UNDER STATE LAW.—Subsection (a)(1) ance issuer in a State, may offer a coverage shall not supercede any State law of a non- ‘‘Subtitle B—Standards Harmonization plan or plan in the small group market, indi- adopting State to the extent necessary to ‘‘SEC. 3031. DEFINITIONS. vidual market, large group market, or permit individuals or the insurance depart- ‘‘In this subtitle: through a small business health plan, that ment of the State (or other State agency) to ‘‘(1) ADOPTING STATE.—The term ‘adopting does not comply with one or more mandates obtain relief under State law to require an State’ means a State that has enacted the regarding covered benefits, services, or cat- eligible insurer to comply with the Benefit harmonized standards adopted under this egory of provider as may be in effect in such Choice Standards. subtitle in their entirety and as the exclu- State with respect to such market or mar- ‘‘(4) NO EFFECT ON PREEMPTION.—In no case sive laws of the State that relate to the har- kets (either prior to or following the date of shall this part be construed to limit or affect monized standards. enactment of this title), if such issuer also in any manner the preemptive scope of sec- ‘‘(2) ELIGIBLE INSURER.—The term ‘eligible offers in such market or markets an en- tions 502 and 514 of the Employee Retirement insurer’ means a health insurance issuer hanced option as provided for in paragraph Income Security Act of 1974. In no case shall that is licensed in a nonadopting State and (3). this part be construed to create any cause of that— ‘‘(3) ENHANCED OPTION.—A health insurance action under Federal or State law or enlarge ‘‘(A) notifies the Secretary, not later than issuer issuing a basic option as provided for or affect any remedy available under the 30 days prior to the offering of coverage de- in paragraph (2) shall also offer to purchasers Employee Retirement Income Security Act scribed in this subparagraph, that the issuer (including, with respect to a small business of 1974. intends to offer health insurance coverage

VerDate Aug 31 2005 02:20 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00104 Fmt 0624 Sfmt 0634 E:\CR\FM\A26SE6.093 S26SEPT1 hmoore on PRODPC68 with HMSENATE September 26, 2007 CONGRESSIONAL RECORD — SENATE S12181

consistent with the harmonized standards in in the individual market, and one shall rep- ‘‘(A) FORM FILING AND RATE FILING.—Form a nonadopting State; resent carriers operating in a regional mar- and rate filing standards shall be established ‘‘(B) notifies the insurance department of a ket. which promote speed to market and include nonadopting State (or other State agency), ‘‘(iv) Two representatives of insurance the following defined areas for States that not later than 30 days prior to the offering of agents and brokers. require such filings: coverage described in this subparagraph, ‘‘(v) Two independent representatives of ‘‘(i) Procedures for form and rate filing that the issuer intends to offer health insur- the American Academy of Actuaries who pursuant to a streamlined administrative fil- ance coverage in that State consistent with have familiarity with the actuarial methods ing process. the harmonized standards published pursu- applicable to health insurance. ‘‘(ii) Timeframes for filings to be reviewed ant to section 3032(d), and provides with such ‘‘(B) EX OFFICIO MEMBER.—A representative by a State if review is required before they notice a copy of any insurance policy that it of the Secretary shall serve as an ex officio are deemed approved. intends to offer in the State, its most recent member of the Board. ‘‘(iii) Timeframes for an eligible insurer to annual and quarterly financial reports, and ‘‘(3) ADVISORY PANEL.—The Secretary shall respond to State requests following its re- any other information required to be filed establish an advisory panel to provide advice view. with the insurance department of the State to the Board, and shall appoint its members ‘‘(iv) A process for an eligible insurer to (or other State agency) by the Secretary in after considering the recommendations of self-certify. regulations; and professional organizations representing the ‘‘(v) State development of form and rate ‘‘(C) includes in the terms of the health in- entities and constituencies identified in this filing templates that include only non-pre- paragraph: surance coverage offered in nonadopting empted State law and Federal law require- ‘‘(A) Two representatives of small business States (including in the terms of any indi- ments for eligible insurers with timely up- health plans. vidual certificates that may be offered to in- dates. ‘‘(B) Two representatives of employers, of dividuals in connection with such health ‘‘(vi) Procedures for the resubmission of which one shall represent small employers coverage) and filed with the State pursuant forms and rates. and one shall represent large employers. to subparagraph (B), a description of the har- ‘‘(vii) Disapproval rationale of a form or ‘‘(C) Two representatives of consumer or- monized standards published pursuant to rate filing based on material omissions or ganizations. section 3032(g)(2) and an affirmation that violations of non-preempted State law or such standards are a term of the contract. ‘‘(D) Two representatives of health care providers. Federal law with violations cited and ex- ‘‘(3) HARMONIZED STANDARDS.—The term plained. ‘harmonized standards’ means the standards ‘‘(4) QUALIFICATIONS.—The membership of the Board shall include individuals with na- ‘‘(viii) For States that may require a hear- certified by the Secretary under section ing, a rationale for hearings based on viola- 3032(d). tional recognition for their expertise in health finance and economics, actuarial tions of non-preempted State law or insurer ‘‘(4) HEALTH INSURANCE COVERAGE.—The science, health plans, providers of health requests. term ‘health insurance coverage’ means any ‘‘(B) MARKET CONDUCT REVIEW.—Market coverage issued in the health insurance mar- services, and other related fields, who provide a mix of different professionals, broad conduct review standards shall be developed ket, except that such term shall not include which provide for the following: excepted benefits (as defined in section geographic representation, and a balance between urban and rural representatives. ‘‘(i) Mandatory participation in national 2791(c). ‘‘(5) ETHICAL DISCLOSURE.—The Secretary databases. ‘‘(5) NONADOPTING STATE.—The term ‘non- shall establish a system for public disclosure ‘‘(ii) The confidentiality of examination adopting State’ means a State that fails to by members of the Board of financial and materials. enact, within 18 months of the date on which other potential conflicts of interest relating ‘‘(iii) The identification of the State agen- the Secretary certifies the harmonized to such members. Members of the Board cy with primary responsibility for examina- standards under this subtitle, the har- shall be treated as employees of Congress for tions. monized standards in their entirety and as purposes of applying title I of the Ethics in ‘‘(iv) Consultation and verification of com- the exclusive laws of the State that relate to Government Act of 1978 (Public Law 95–521). plaint data with the eligible insurer prior to the harmonized standards. ‘‘(6) DIRECTOR AND STAFF.—Subject to such State actions. ‘‘(6) STATE LAW.—The term ‘State law’ review as the Secretary deems necessary to ‘‘(v) Consistency of reporting requirements means all laws, decisions, rules, regulations, assure the efficient administration of the with the recordkeeping and administrative or other State actions (including actions by Board, the chair and vice-chair of the Board practices of the eligible insurer. a State agency) having the effect of law, of may— ‘‘(vi) Examinations that seek to correct any State. ‘‘(A) employ and fix the compensation of material errors and harmful business prac- ‘‘SEC. 3032. HARMONIZED STANDARDS. an Executive Director (subject to the ap- tices rather than infrequent errors. ‘‘(a) BOARD.— proval of the Comptroller General) and such ‘‘(vii) Transparency and publishing of the ‘‘(1) ESTABLISHMENT.—Not later than 3 other personnel as may be necessary to carry State’s examination standards. months after the date of enactment of this out its duties (without regard to the provi- ‘‘(viii) Coordination of market conduct title, the Secretary, in consultation with the sions of title 5, United States Code, gov- analysis. NAIC, shall establish the Health Insurance erning appointments in the competitive ‘‘(ix) Coordination and nonduplication be- Consensus Standards Board (referred to in service); tween State examinations of the same eligi- this subtitle as the ‘Board’) to develop rec- ‘‘(B) seek such assistance and support as ble insurer. ommendations that harmonize inconsistent may be required in the performance of its du- ‘‘(x) Rationale and protocols to be met be- State health insurance laws in accordance ties from appropriate Federal departments fore a full examination is conducted. with the procedures described in subsection and agencies; ‘‘(xi) Requirements on examiners prior to (b). ‘‘(C) enter into contracts or make other ar- beginning examinations such as budget plan- ‘‘(2) COMPOSITION.— rangements, as may be necessary for the ning and work plans. ‘‘(A) IN GENERAL.—The Board shall be com- conduct of the work of the Board (without ‘‘(xii) Consideration of methods to limit posed of the following voting members to be regard to section 3709 of the Revised Stat- examiners’ fees such as caps, competitive appointed by the Secretary after considering utes (41 U.S.C. 5)); bidding, or other alternatives. the recommendations of professional organi- ‘‘(D) make advance, progress, and other ‘‘(xiii) Reasonable fines and penalties for zations representing the entities and con- payments which relate to the work of the material errors and harmful business prac- stituencies described in this paragraph: Board; tices. ‘‘(i) Four State insurance commissioners ‘‘(E) provide transportation and subsist- ‘‘(C) PROMPT PAYMENT OF CLAIMS.—The as recommended by the National Association ence for persons serving without compensa- Board shall establish prompt payment stand- of Insurance Commissioners, of which 2 shall tion; and ards for eligible insurers based on standards be Democrats and 2 shall be Republicans, and ‘‘(F) prescribe such rules as it deems nec- similar to those applicable to the Social Se- of which one shall be designated as the chair- essary with respect to the internal organiza- curity Act as set forth in section 1842(c)(2) of person and one shall be designated as the tion and operation of the Board. such Act (42 U.S.C. 1395u(c)(2)). Such prompt vice chairperson. ‘‘(7) TERMS.—The members of the Board payment standards shall be consistent with ‘‘(ii) Four representatives of State govern- shall serve for the duration of the Board. Va- the timing and notice requirements of the ment, two of which shall be governors of cancies in the Board shall be filled as needed claims procedure rules to be specified under States and two of which shall be State legis- in a manner consistent with the composition subparagraph (D), and shall include appro- lators, and two of which shall be Democrats described in paragraph (2). priate exceptions such as for fraud, non- and two of which shall be Republicans. ‘‘(b) DEVELOPMENT OF HARMONIZED STAND- payment of premiums, or late submission of ‘‘(iii) Four representatives of health insur- ARDS.— claims. ers, of which one shall represent insurers ‘‘(1) IN GENERAL.—In accordance with the ‘‘(D) INTERNAL REVIEW.—The Board shall that offer coverage in the small group mar- process described in subsection (c), the Board establish standards for claims procedures for ket, one shall represent insurers that offer shall identify and recommend nationally eligible insurers that are consistent with the coverage in the large group market, one harmonized standards for each of the fol- requirements relating to initial claims for shall represent insurers that offer coverage lowing process categories: benefits and appeals of claims for benefits

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under the Employee Retirement Income Se- ‘‘(3) EFFECTIVE DATE.—The standards cer- spect to insurers that do not qualify as eligi- curity Act of 1974 as set forth in section 503 tified by the Secretary under paragraph (2) ble insurers who offer health insurance cov- of such Act (29 U.S.C. 1133) and the regula- shall be effective on the date that is 18 erage in a nonadopting State. tions thereunder. months after the date on which the Sec- ‘‘(3) NONAPPLICATION WHERE OBTAINING RE- ‘‘(2) RECOMMENDATIONS.—The Board shall retary certifies the harmonized standards. LIEF UNDER STATE LAW.—Subsection (a)(1) recommend harmonized standards for each ‘‘(e) TERMINATION.—The Board shall termi- shall not supercede any State law of a non- element of the categories described in sub- nate and be dissolved after making the rec- adopting State to the extent necessary to paragraph (A) through (D) of paragraph (1) ommendations to the Secretary pursuant to permit individuals or the insurance depart- within each such market. Notwithstanding subsection (d)(1). ment of the State (or other State agency) to the previous sentence, the Board shall not ‘‘(f) ONGOING REVIEW.—Not earlier than 3 obtain relief under State law to require an recommend any harmonized standards that years after the termination of the Board eligible insurer to comply with the har- disrupt, expand, or duplicate the benefit, under subsection (e), and not earlier than monized standards under this subtitle. service, or provider mandate standards pro- every 3 years thereafter, the Secretary, in ‘‘(4) NO EFFECT ON PREEMPTION.—In no case vided in the Benefit Choice Standards pursu- consultation with the National Association shall this subtitle be construed to limit or ant to section 3022(a). of Insurance Commissioners and the entities affect in any manner the preemptive scope of ‘‘(c) PROCESS FOR IDENTIFYING HARMONIZED and constituencies represented on the Board sections 502 and 514 of the Employee Retire- STANDARDS.— and the Advisory Panel, shall prepare and ment Income Security Act of 1974. In no case ‘‘(1) IN GENERAL.—The Board shall develop submit to the appropriate committees of shall this subtitle be construed to create any recommendations to harmonize inconsistent Congress a report that assesses the effect of cause of action under Federal or State law or State insurance laws with respect to each of the harmonized standards on access, cost, enlarge or affect any remedy available under the process categories described in subpara- and health insurance market functioning. the Employee Retirement Income Security graphs (A) through (D) of subsection (b)(1). The Secretary may, based on such report and Act of 1974. EQUIREMENTS applying the process established for certifi- ‘‘(2) R .—In adopting standards ‘‘(c) EFFECTIVE DATE.—This section shall under this section, the Board shall consider cation under subsection (d)(2)(B), in con- apply beginning on the date that is 18 the following: sultation with the National Association of months after the date on harmonized stand- ‘‘(A) Any model acts or regulations of the Insurance Commissioners and the entities ards are certified by the Secretary under this National Association of Insurance Commis- and constituencies represented on the Board subtitle. sioners in each of the process categories de- and the Advisory Panel, update the har- scribed in subparagraphs (A) through (D) of monized standards through notice and com- ‘‘SEC. 3034. CIVIL ACTIONS AND JURISDICTION. subsection (b)(1). ment rulemaking. ‘‘(a) IN GENERAL.—The district courts of ‘‘(B) Substantially similar standards fol- ‘‘(g) PUBLICATION.— the United States shall have exclusive juris- lowed by a plurality of States, as reflected in ‘‘(1) LISTING.—The Secretary shall main- diction over civil actions involving the inter- existing State laws, relating to the specific tain an up to date listing of all harmonized pretation of this subtitle. process categories described in subpara- standards certified under this section on the ‘‘(b) ACTIONS.—An eligible insurer may graphs (A) through (D) of subsection (b)(1). Internet website of the Department of bring an action in the district courts of the ‘‘(C) Any Federal law requirement related Health and Human Services. United States for injunctive or other equi- to specific process categories described in ‘‘(2) SAMPLE CONTRACT LANGUAGE.—The table relief against any officials or agents of subparagraphs (A) through (D) of subsection Secretary shall publish on the Internet a nonadopting State in connection with any (b)(1). website of the Department of Health and conduct or action, or proposed conduct or ac- ‘‘(D) In the case of the adoption of any Human Services sample contract language tion, by such officials or agents which vio- standard that differs substantially from that incorporates the harmonized standards lates, or which would if undertaken violate, those referred to in subparagraphs (A), (B), certified under this section, which may be section 3033. or (C), the Board shall provide evidence to used by insurers seeking to qualify as an eli- ‘‘(c) DIRECT FILING IN COURT OF APPEALS.— the Secretary that such standard is nec- gible insurer. The types of harmonized stand- At the election of the eligible insurer, an ac- essary to protect health insurance con- ards that shall be included in sample con- tion may be brought under subsection (b) di- sumers or promote speed to market or ad- tract language are the standards that are rectly in the United States Court of Appeals ministrative efficiency. relevant to the contractual bargain between for the circuit in which the nonadopting ‘‘(E) The criteria specified in clauses (i) the insurer and insured. State is located by the filing of a petition for through (iii) of subsection (d)(2)(B). ‘‘(h) STATE ADOPTION AND ENFORCEMENT.— review in such Court. ‘‘(d) RECOMMENDATIONS AND CERTIFICATION Not later than 18 months after the certifi- ‘‘(d) EXPEDITED REVIEW.— BY SECRETARY.— cation by the Secretary of harmonized stand- ‘‘(1) DISTRICT COURT.—In the case of an ac- ‘‘(1) RECOMMENDATIONS.—Not later than 18 ards under this section, the States may tion brought in a district court of the United months after the date on which all members adopt such harmonized standards (and be- States under subsection (b), such court shall of the Board are selected under subsection come an adopting State) and, in which case, complete such action, including the issuance (a), the Board shall recommend to the Sec- shall enforce the harmonized standards pur- of a judgment, prior to the end of the 120-day retary the certification of the harmonized suant to State law. period beginning on the date on which such standards identified pursuant to subsection ‘‘SEC. 3033. APPLICATION AND PREEMPTION. action is filed, unless all parties to such pro- (c). ‘‘(a) SUPERCEDING OF STATE LAW.— ceeding agree to an extension of such period. ‘‘(2) CERTIFICATION.— ‘‘(1) IN GENERAL.—The harmonized stand- ‘‘(2) COURT OF APPEALS.—In the case of an ‘‘(A) IN GENERAL.—Not later than 120 days ards certified under this subtitle shall super- action brought directly in a United States after receipt of the Board’s recommenda- sede any and all State laws of a non-adopting Court of Appeal under subsection (c), or in tions under paragraph (1), the Secretary State insofar as such State laws relate to the the case of an appeal of an action brought in shall certify the recommended harmonized areas of harmonized standards as applied to a district court under subsection (b), such standards as provided for in subparagraph an eligible insurer, or health insurance cov- Court shall complete all action on the peti- (B), and issue such standards in the form of erage issued by a eligible insurer, including tion, including the issuance of a judgment, an interim final regulation. with respect to coverage issued to a small prior to the end of the 60-day period begin- ‘‘(B) CERTIFICATION PROCESS.—The Sec- business health plan, in a nonadopting State. ning on the date on which such petition is retary shall establish a process for certifying ‘‘(2) NONADOPTING STATES.—This subtitle filed with the Court, unless all parties to the recommended harmonized standard, by shall supersede any and all State laws of a such proceeding agree to an extension of category, as recommended by the Board nonadopting State (whether enacted prior to such period. under this section. Such process shall— or after the date of enactment of this title) ‘‘(e) STANDARD OF REVIEW.—A court in an ‘‘(i) ensure that the certified standards for insofar as they may— action filed under this section, shall render a a particular process area achieve regulatory ‘‘(A) prohibit an eligible insurer from offer- judgment based on a review of the merits of harmonization with respect to health plans ing, marketing, or implementing health in- all questions presented in such action and on a national basis; surance coverage consistent with the har- shall not defer to any conduct or action, or ‘‘(ii) ensure that the approved standards monized standards; or proposed conduct or action, of a nonadopting are the minimum necessary, with regard to ‘‘(B) have the effect of retaliating against State. substance and quantity of requirements, to or otherwise punishing in any respect an eli- ‘‘SEC. 3035. AUTHORIZATION OF APPROPRIA- protect health insurance consumers and gible insurer for offering, marketing, or im- TIONS; RULE OF CONSTRUCTION. maintain a competitive regulatory environ- plementing health insurance coverage con- ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.— ment; and sistent with the harmonized standards under There are authorized to be appropriated such ‘‘(iii) ensure that the approved standards this subtitle. sums as may be necessary to carry out this will not limit the range of group health plan ‘‘(b) SAVINGS CLAUSE AND CONSTRUCTION.— subtitle. designs and insurance products, such as cata- ‘‘(1) NONAPPLICATION TO ADOPTING STATES.— ‘‘(b) HEALTH SAVINGS ACCOUNTS.—Nothing strophic coverage only plans, health savings Subsection (a) shall not apply with respect in this subtitle shall be construed to inhibit accounts, and health maintenance organiza- to adopting States. the development of health savings accounts tions, that might otherwise be available to ‘‘(2) NONAPPLICATION TO CERTAIN INSUR- pursuant to section 223 of the Internal Rev- consumers. ERS.—Subsection (a) shall not apply with re- enue Code of 1986.’’.

VerDate Aug 31 2005 02:20 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00106 Fmt 0624 Sfmt 0634 E:\CR\FM\A26SE6.093 S26SEPT1 hmoore on PRODPC68 with HMSENATE September 26, 2007 CONGRESSIONAL RECORD — SENATE S12183 TITLE III—HEALTH SAVINGS ACCOUNTS er than the average qualified medical ex- XXI of the Social Security Act to reau- SEC. 301. SPECIAL RULE FOR CERTAIN MEDICAL penses of all employees of the employer for thorize the State Children’s Health In- EXPENSES INCURRED BEFORE ES- such year.’’. surance Program, and for other pur- TABLISHMENT OF HEALTH SAVINGS (b) EFFECTIVE DATE.—The amendment ACCOUNT. made by this section shall apply to taxable poses; which was ordered to lie on the (a) IN GENERAL.—Paragraph (2) of section years beginning after December 31, 2007. table; as follows: 223(d) of the Internal Revenue Code of 1986 is SEC. 304. CERTAIN HEALTH REIMBURSEMENT AR- At the end of subtitle C of title VI insert amended by adding at the end the following RANGEMENT COVERAGE DIS- the following: new subparagraph: REGARDED COVERAGE FOR HEALTH SEC. ll. BUDGET POINT OF ORDER AGAINST ‘‘(D) CERTAIN MEDICAL EXPENSES INCURRED SAVINGS ACCOUNTS. LEGISLATION THAT RAISES EXCISE BEFORE ESTABLISHMENT OF ACCOUNT TREATED (a) IN GENERAL.—Section 223(c)(1)(B)(iii) of TAX RATES. AS QUALIFIED.—An expense shall not fail to the Internal Revenue Code of 1986 is amended Title III of the Congressional Budget Act be treated as a qualified medical expense by inserting ‘‘or a health reimbursement ar- of 1974 is amended by adding at the end the solely because such expense was incurred be- rangement’’ after ‘‘health flexible a spending following: fore the establishment of the health savings arrangement’’. ‘‘POINT OF ORDER AGAINST RAISES IN EXCISE account if such expense was incurred— (b) EFFECTIVE DATE.—The amendment TAX RATES ‘‘(i) during either— made by this section shall take effect on the ‘‘SEC. 316. (a) IN GENERAL.—It shall not be date of the enactment of this Act. ‘‘(I) the taxable year in which the health in order in the Senate to consider any bill, savings account was established, or TITLE IV—STUDY resolution, amendment, amendment between ‘‘(II) the preceding taxable year in the case SEC. 401. STUDY ON TAX TREATMENT OF AND AC- Houses, motion, or conference report that in- of a health savings account established after CESS TO PRIVATE HEALTH INSUR- cludes a Federal excise tax rate increase the taxable year in which such expense was ANCE. which disproportionately affects taxpayers incurred but before the time prescribed by (a) STUDY.— with earned income of less than 200 percent law for filing the return for such taxable (1) IN GENERAL.—The Secretary of the of the Federal poverty level, as determined year (not including extensions thereof), and Treasury shall study various options and by the Joint Committee on Taxation. In this ‘‘(ii) for medical care of an individual dur- make recommendations— subsection, the term ‘Federal excise tax rate ing a period that such individual was an eli- (A) for reforming the tax treatment of increase’ means any amendment to any sec- gible individual.’’. health insurance to improve tax equity and tion in subtitle D or E of the Internal Rev- (b) EFFECTIVE DATE.—The amendment increase access to private health care cov- enue Code of 1986, that imposes a new per- made by this section shall apply to taxable erage; and centage or amount as a rate of tax and there- years beginning after December 31, 2007. (B) for providing meaningful assistance to by increases the amount of tax imposed by SEC. 302. USE OF ACCOUNT FOR INDIVIDUAL low-income individuals and families to pur- any such section. HIGH DEDUCTIBLE HEALTH PLAN chase private health insurance. ‘‘(b) SUPERMAJORITY WAIVER AND APPEAL.— PREMIUMS. (2) CONSIDERATION OF VARIOUS OPTIONS.—In ‘‘(1) WAIVER.—This section may be waived (a) IN GENERAL.—Section 223(d)(2)(C) of the carrying out the study under paragraph (1), or suspended in the Senate only by an af- Internal Revenue Code of 1986 (relating to ex- the Secretary of the Treasury shall con- ceptions) is amended by striking ‘‘or’’ at the firmative vote of three-fifths of the Mem- sider— bers, duly chosen and sworn. end of clause (iii), by striking the period at (A) options which rely on changes to Fed- the end of clause (iv) and inserting ‘‘, or’’, ‘‘(2) APPEAL.—An affirmative vote of three- eral law not included in the Internal Rev- fifths of the Members of the Senate, duly and by adding at the end the following new enue Code of 1986; clause: chosen and sworn, shall be required in the (B) options which have a goal of mini- Senate to sustain an appeal of the ruling of ‘‘(v) a high deductible health plan, other mizing Federal Government outlays; than a group health plan (as defined in sec- the Chair on a point of order raised under (C) options which minimize tax increases; this section.’’. tion 5000(b)(1)).’’. (D) at least one option which retains the (b) EFFECTIVE DATE.—The amendments Federal tax exclusion for employer-provided made by this section shall apply to taxable SA 3068. Mr. REID (for Mr. OBAMA health coverage; (for himself, Mr. BOND, Mr. LIEBERMAN, years beginning after December 31, 2007. (E) at least one option which is budget Mrs. BOXER, and Mrs. MCCASKILL)) sub- SEC. 303. EXCEPTION TO REQUIREMENT FOR EM- neutral; and PLOYERS TO MAKE COMPARABLE (F) at least one option which maintains mitted an amendment intended to be HEALTH SAVINGS ACCOUNT CON- proposed to amendment SA 2011 pro- TRIBUTIONS. the current distribution of the Federal income tax burden. posed by Mr. NELSON of Nebraska (for (a) GREATER EMPLOYER-PROVIDED CON- (b) REPORT.—Not later than 6 months after EVIN TRIBUTIONS TO HSAS FOR CHRONICALLY ILL Mr. L ) to the bill H.R. 1585, to au- the date of the enactment of this Act, the EMPLOYEES TREATED AS MEETING COM- thorize appropriations for fiscal year Secretary of the Treasury shall report the PARABILITY REQUIREMENTS.—Subsection (b) 2008 for military activities of the De- of section 4980G of the Internal Revenue results of the study and the recommenda- partment of Defense, for military con- tions required under subsection (a) to the Code of 1986 (relating to failure of employer struction, and for defense activities of to make comparable health savings account Committee on Finance of the Senate and the Committee on Ways and Means of the House the Department of Energy, to prescribe contributions) is amended to read as follows: military personnel strengths for such ‘‘(b) RULES AND REQUIREMENTS.— of Representatives. fiscal year, and for other purposes; ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), rules and requirements similar SA 3065. Mr. DEMINT submitted an which was ordered to lie on the table; to the rules and requirements of section amendment intended to be proposed by as follows: 4980E shall apply for purposes of this section. him to the bill H.R. 976, to amend title At the end of subtitle H of title V, add the ‘‘(2) TREATMENT OF EMPLOYER-PROVIDED XXI of the Social Security Act to reau- following: CONTRIBUTIONS TO HSAS FOR CHRONICALLY ILL thorize the State Children’s Health In- SEC. 594. ADMINISTRATIVE SEPARATIONS OF EMPLOYEES.—For purposes of this section— surance Program, and for other pur- MEMBERS OF THE ARMED FORCES ‘‘(A) IN GENERAL.—Any contribution by an poses; which was ordered to lie on the FOR PERSONALITY DISORDER. employer to a health savings account of an table; as follows: (a) CLINICAL REVIEW OF ADMINISTRATIVE employee who is (or the spouse or any de- SEPARATIONS BASED ON PERSONALITY DIS- pendent of the employee who is) a chron- Strike section 613 of the proposed House ORDER.— ically ill individual in an amount which is amendment to the text. (1) TEMPORARY MORATORIUM ON SEPARA- greater than a contribution to a health sav- TIONS OF CERTAIN MEMBERS.—Not later than ings account of a comparable participating SA 3066. Mr. DEMINT submitted an 30 days after the date of the enactment of employee who is not a chronically ill indi- amendment intended to be proposed by this Act, and continuing until the Secretary vidual shall not fail to be considered a com- him to the bill H.R. 976, to amend title of Defense submits to Congress the report re- parable contribution. XXI of the Social Security Act to reau- quired by subsection (b) and the Comptroller ‘‘(B) NONDISCRIMINATION REQUIREMENT.— thorize the State Children’s Health In- General of the United States submits to Con- Subparagraph (A) shall not apply unless the surance Program, and for other pur- gress the report required by subsection (c), a excess employer contributions described in poses; which was ordered to lie on the covered member of the Armed Forces may subparagraph (A) are the same for all chron- not, except as provided in paragraph (2), be ically ill individuals who are similarly situ- table; as follows: administratively separated from the Armed ated. Strike section 615 of the House amendment Forces on the basis of a personality disorder. ‘‘(C) CHRONICALLY ILL INDIVIDUAL.—For to the text. (2) CLINICAL REVIEW OF PROPOSED SEPARA- purposes of this paragraph, the term ‘chron- TIONS BASED ON PERSONALITY DISORDER.— ically ill individual’ means any individual SA 3067. Mrs. DOLE submitted an (A) IN GENERAL.—A covered member of the whose qualified medical expenses for any amendment intended to be proposed by Armed Forces may be administratively sepa- taxable year are more than 50 percent great- her to the bill H.R. 976, to amend title rated from the Armed Forces on the basis of

VerDate Aug 31 2005 02:20 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00107 Fmt 0624 Sfmt 0634 E:\CR\FM\A26SE6.093 S26SEPT1 hmoore on PRODPC68 with HMSENATE S12184 CONGRESSIONAL RECORD — SENATE September 26, 2007 a personality disorder under this paragraph the military departments relating to the sep- (2) in paragraph (2), by adding ‘‘or’’ at the if a clinical review of the case is conducted aration of members of the Armed Forces end; and by a senior officer in the office of the Sur- based on a personality disorder. (3) by inserting after paragraph (2) the fol- geon General of the Armed Force concerned (2) ELEMENTS.—The report required by lowing: who is a credentialed mental health provider paragraph (1) shall— ‘‘(3) after completing 10 years of service as and who is fully qualified to review cases in- (A) include an audit of a sampling of cases a law enforcement officer, if such employee— volving maladaptive behavior (personality to determine the validity and clinical effi- ‘‘(A) is originally appointed to a position disorder), diagnosis and treatment of post- cacy of the policies and procedures referred as a law enforcement officer after the date of traumatic stress disorder, or other mental to in paragraph (1) and the extent, if any, of enactment of the National Defense Author- health conditions. the divergence between the terms of such ization Act for Fiscal Year 2008; (B) PURPOSES OF REVIEW.—The purposes of policies and procedures and the implementa- ‘‘(B) performs such 10 years of service after the review with respect to a member under tion of such policies and procedures; and that original appointment; subparagraph (A) are as follows: (B) include a determination by the Comp- ‘‘(C) was discharged or released from active (i) To determine whether the diagnosis of troller General of whether, and to what ex- duty in the armed forces under honorable personality order in the member is correct tent, the policies and procedures referred to conditions before such date of appointment; and fully documented. in paragraph (1)— and (ii) To determine whether evidence of (i) deviate from standard clinical diag- ‘‘(D) was a member of the Armed Services other mental health conditions (including nostic practices and current clinical stand- retired for age or years of service before such depression, post-traumatic stress disorder, ards; and date of appointment, or’’. substance abuse, or traumatic brain injury) (ii) provide adequate safeguards aimed at (c) MANDATORY SEPARATION.—Section resulting from service in a combat zone may ensuring that members of the Armed Forces 8425(b)(1) of title 5, United States Code, is exist in the member which indicate that the who suffer from mental health conditions amended in the first sentence by inserting ‘‘, separation of the member from the Armed (including depression, post-traumatic stress except that a law enforcement officer eligi- Forces on the basis of a personality disorder disorder, or traumatic brain injury) result- ble for retirement under 8412(d)(3) shall be is inappropriate pending diagnosis and treating from service in a combat zone are not separated from service on the last day of the ment, and, if so, whether initiation of med- prematurely or unjustly separated from the month in which that employee becomes 57 ical board procedures for the member is war- Armed Forces on the basis of a personality years of age’’ before the period. ranted. disorder. (d) COMPUTATION OF BASIC ANNUITY.—Sec- (b) SECRETARY OF DEFENSE REPORT ON AD- (d) COVERED MEMBER OF THE ARMED FORCES tion 8415(d) of title 5, United States Code, is MINISTRATIVE SEPARATIONS BASED ON PER- DEFINED.—In this section, the term ‘‘covered amended— SONALITY DISORDER.— member of the Armed Forces’’includes the (1) by redesignating paragraphs (1) and (2) (1) REPORT REQUIRED.—Not later than April following: as subparagraphs (A) and (B), respectively; 1, 2008, the Secretary of Defense shall submit (1) Any member of a regular component of (2) by striking ‘‘The annuity’’ and insert- to the Committees on Armed Services of the the Armed Forces of the Armed Forces who ing ‘‘(1) Except as provided under paragraph Senate and the House of Representatives a has served in Iraq or Afghanistan since Octo- (2), the annuity’’ report on all cases of administrative separa- ber 2001. (3) by adding at the end the following: tion from the Armed Forces of covered mem- (2) Any member of the Selected Reserve of ‘‘(2) The annuity of an employee retiring bers of the Armed Forces on the basis of a the Ready Reserve of the Armed Forces who under section 8412(d)(3) is— personality disorder. served on active duty in Iraq or Afghanistan ‘‘(A) 1 7/10 percent of that individual’s av- (2) ELEMENTS.—The report required by since October 2001. erage pay multiplied by— paragraph (1) shall include the following: ‘‘(i) the 10 years of service described under (A) A statement of the total number of SA 3069. Mr. HATCH submitted an section 8412(d)(3)(B); and cases, by Armed Force, in which covered amendment intended to be proposed to ‘‘(ii) so much of such individual’s total members of the Armed Forces have been sep- amendment SA 2011 proposed by Mr. service (other than the 10 years of service de- arated from the Armed Forces on the basis of NELSON of Nebraska (for Mr. LEVIN) to scribed under clause (i) of this subparagraph) a personality disorder, and an identification the bill H.R. 1585, to authorize appro- as does not exceed 10 years; plus of the various forms of personality order ‘‘(B) 1 percent of that individual’s average forming the basis for such separations. priations for fiscal year 2008 for military activities of the Department of pay multiplied by so much of such individ- (B) A statement of the total number of ual’s total service as exceeds 20 years.’’. cases, by Armed Force, in which covered Defense, for military construction, and members of the Armed Forces who have for defense activities of the Depart- SA 3070. Mr. SESSIONS submitted an served in Iraq and Afghanistan since October ment of Energy, to prescribe military amendment intended to be proposed to 2001 have been separated from the Armed personnel strengths for such fiscal amendment SA 2011 proposed by Mr. Forces on the basis of a personality disorder, year, and for other purposes; which was NELSON of Nebraska (for Mr. LEVIN) to and the identification of the various forms of ordered to lie on the table; as follows: personality disorder forming the basis for the bill H.R. 1585, to authorize appro- such separations. At the end of title XI, add the following: priations for fiscal year 2008 for mili- (C) A summary of the policies, by Armed SEC. 1107. FEDERAL EMPLOYEES RETIREMENT tary activities of the Department of SYSTEM AGE AND RETIREMENT Forces, controlling administrative separa- TREATMENT FOR CERTAIN RETIR- Defense, for military construction, and tions of members of the Armed Forces based EES OF THE ARMED FORCES. for defense activities of the Depart- on personality disorder, and an evaluation of (a) INCREASE IN MAXIMUM AGE LIMIT FOR ment of Energy, to prescribe military the adequacy of such policies for ensuring POSITIONS SUBJECT TO FERS.— personnel strengths for such fiscal that covered members of the Armed Forces (1) IN GENERAL.—Section 3307(e) of title 5, year, and for other purposes; which was who may be eligible for disability evaluation United States Code, is amended— ordered to lie on the table; as follows: due to mental health conditions are not sep- (A) by striking ‘‘(e) The’’ and inserting arated from the Armed Forces prematurely ‘‘(e)(1) Except as provided in paragraph (2), At the end of subtitle B of title I, add the or unjustly on the basis of a personality the’’; and following: order. (B) by adding at the end the following: SEC. 115. M4 CARBINE RIFLE. (D) A discussion of measures being imple- ‘‘(2) The maximum age limit for an origi- (a) FINDINGS.—Congress makes the fol- mented to ensure that members of the nal appointment to a position as a law en- lowing findings: Armed Forces who should be evaluated for forcement officer (as defined by section (1) The members of the Armed Forces are disability separation or retirement due to 8401(17)) shall be 47 years of age, in the case entitled to the best individual combat weap- mental health conditions are not pre- of an individual who, before the effective ons available in the world today. maturely or unjustly processed for separa- date of such appointment— (2) Full and open competition in procure- tion from the Armed Forces on the basis of ‘‘(A) was discharged or released from ac- ment is required by law, and is the most ef- a personality disorder, and recommendations tive duty in the armed forces under honor- fective way of selecting the best individual regarding how members of the Armed Forces able conditions; and combat weapons for the Armed Forces at the who may have been so separated from the ‘‘(B) was a member of the Armed Services best price. Armed Forces should be provided with expe- retired for age or years of service.’’. (3) The M4 carbine rifle is currently the in- dited review by the applicable board for the (2) EFFECTIVE DATE.—The amendments dividual weapon of choice for the Army, and correction of military records. made by paragraph (1) shall apply with re- it is procured through a sole source contract. (c) COMPTROLLER GENERAL REPORT ON spect to appointments made on or after the (4) The M4 carbine rifle has been proven in POLICIES ON ADMINISTRATIVE SEPARATION date of the enactment of this Act. combat and meets or exceeds the existing re- BASED ON PERSONALITY DISORDER.— (b) ELIGIBILITY FOR ANNUITY.—Section quirements for carbines. (1) REPORT REQUIRED.—Not later than June 8412(d) of title 5, United States Code, is (5) The Army Training and Doctrine Com- 1, 2008, the Comptroller General shall submit amended— mand is conducting a full Capabilities Based to Congress a report on the policies and pro- (1) in paragraph (1), by striking ‘‘or’’ at the Assessment (CBA) of the small arms of the cedures of the Department of Defense and of end; Army which will determine whether or not

VerDate Aug 31 2005 02:20 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00108 Fmt 0624 Sfmt 0634 E:\CR\FM\A26SE6.078 S26SEPT1 hmoore on PRODPC68 with HMSENATE September 26, 2007 CONGRESSIONAL RECORD — SENATE S12185 gaps exist in the current capabilities of such proposed to amendment SA 2011 pro- SEC. lll. TWO-YEAR EXTENSION OF THE RE- CLASSIFICATION OF CERTAIN HOS- small arms and inform decisions as to wheth- posed by Mr. NELSON of Nebraska (for PITALS UNDER THE MEDICARE PRO- er or not a new individual weapon is required Mr. LEVIN) to the bill H.R. 1585, to au- to address such gaps. GRAM. thorize appropriations for fiscal year (a) EXTENSION OF TAX RELIEF AND HEALTH (b) REPORT ON CAPABILITIES BASED ASSESS- CARE ACT PROVISION.— MENT.—Not later than 90 days after the date 2008 for military activities of the De- (1) IN GENERAL.—Subsection (a) of section of the enactment of this Act, the Secretary partment of Defense, for military con- 106 of division B of the Tax Relief and Health of the Army shall submit to the congres- struction, and for defense activities of Care Act of 2006 (42 U.S.C. 1395 note) is sional defense committees a report on the the Department of Energy, to prescribe amended by striking ‘‘September 30, 2007’’ Capabilities Based Assessment of the small military strengths for such fiscal year, and inserting ‘‘September 30, 2009’’. arms of the Army referred to in subsection and for other purposes; which was or- (2) EFFECTIVE DATE.—The amendment (a)(5). dered to lie on the table; as follows: made by paragraph (1) shall take effect as if (c) COMPETITION FOR NEW INDIVIDUAL WEAP- At the end of subtitle E of title VIII, add included in the enactment of such section ON.— the following: 106. (1) COMPETITION REQUIRED.—In the event (b) EXTENSION OF SPECIAL EXCEPTION RE- the Capabilities Based Assessment identifies SEC. 876. TRANSPARENCY AND ACCOUNTABILITY CLASSIFICATIONS.—Notwithstanding any gaps in the current capabilities of the small IN MILITARY AND SECURITY CON- TRACTING. other provision of law, in the case of a sub- arms of the Army and the Secretary of the (a) REPORTS ON IRAQ AND AFGHANISTAN section (d) hospital (as defined for purposes Army determines that a new individual CONTRACTS.—Not later than 90 days after the of section 1886 of the Social Security Act (42 weapon is required to address such gaps, the date of the enactment of this Act, the Sec- U.S.C. 1395ww)) with respect to which a spe- Secretary shall procure the new individual retary of Defense, the Secretary of State, the cial exception reclassification of its wage weapon through one or more contracts en- Secretary of the Interior, the Administrator index for purposes of such section (made tered into after full and open competition of the United States Agency for Inter- under the authority of subsection (d)(5)(I)(i) described in paragraph (2). national Development, and the Director of of such section and contained in the final (2) FULL AND OPEN COMPETITION.—The full National Intelligence shall each submit to rule promulgated by the Secretary of Health and open competition described in this para- Congress a report that contains the informa- and Human Services in the Federal Register graph is full and open competition among all tion, current as of the date of the enactment on August 11, 2004 (69 Fed. Reg. 49107)) would responsible manufacturers that— of this Act, as follows: (but for this subsection) expire on September (A) is open to all developmental item solu- (1) The number of persons performing work 30, 2007, such special exception reclassifica- tions and nondevelopmental item (NDI) solu- in Iraq and Afghanistan under contracts (and tion of such hospital shall be extended tions; and subcontracts at any tier) entered into by de- through September 30, 2009. The previous (B) provides for the award of the contract partments and agencies of the United States sentence shall not be effected in a budget- neutral manner. or contracts concerned based on selection Government, including the Department of criteria that reflect the key performance pa- Defense, the Department of State, the De- SA 3075. Mr. BIDEN (for himself, Mr. rameters and attributes identified in an partment of the Interior, and the United GRAHAM, Mr. CASEY, Mr. SANDERS, Mr. Army-approved service requirements docu- States Agency for International Develop- ment. ment, respectively, and a brief description of BROWN, and Mrs. LINCOLN) submitted (d) REPORT REQUIRED.—Not later than 120 the functions performed by these persons. an amendment intended to be proposed days after the date of the enactment of this (2) The companies awarded such contracts to amendment SA 2011 proposed by Mr. Act, Secretary of Defense shall submit to the and subcontracts. NELSON of Nebraska (for Mr. LEVIN) to congressional defense committees a report (3) The total cost of such contracts. the bill H.R. 1585, to authorize appro- on the feasibility and advisability of each of (4) A method for tracking the number of priations for fiscal year 2008 for mili- the following: persons who have been killed or wounded in (1) The certification of a Joint Enhanced tary activities of the Department of performing work under such contracts. Defense, for military construction, and Carbine requirement that does not require (b) SENSE OF THE SENATE.—It is the sense commonality with currently fielded weap- of the Senate that the Secretary of Defense, for defense activities of the Depart- ons. the Secretary of State, the Secretary of the ment of Energy, to prescribe military (2) Contracting for a nondevelopmental Interior, the Administrator of the United personnel strengths for such fiscal carbine in lieu of a developmental program States Agency for International Develop- year, and for other purposes; which was intended to meet the proposed Joint En- ment, and the Director of National Intel- ordered to lie on the table; as follows: hanced Carbine requirement. ligence should make their best efforts to At the end of subtitle C of title XV, add the (3) The reprogramming of funds for the compile the most accurate accounting of the following: procurement of small arms from the procure- number of civilian contractors killed or ment of M4 carbines to the procurement of SEC. 1535. IMPROVISED EXPLOSIVE DEVICE PRO- wounded in Iraq and Afghanistan since Octo- TECTION FOR MILITARY VEHICLES. Joint Enhanced Carbines authorized only as ber 1, 2001. (a) PROCUREMENT OF ADDITIONAL MINE RE- the result of competition. (c) DEPARTMENT OF DEFENSE REPORT ON SISTANT AMBUSH PROTECTED VEHICLES.— (4) The use of rapid equipping authority to STRATEGY FOR AND APPROPRIATENESS OF AC- (1) ADDITIONAL AMOUNT FOR ARMY OTHER procure weapons under $2,000 per unit that TIVITIES OF CONTRACTORS UNDER DEPART- PROCUREMENT.—The amount authorized to be meet service-approved requirements, with MENT OF DEFENSE CONTRACTS IN IRAQ, AF- appropriated by section 1501(5) for other pro- such weapons being nondevelopmental items GHANISTAN, AND THE GLOBAL WAR ON TER- curement for the Army is hereby increased selected through full and open competition. ROR.—Not later than 180 days after the date by $23,600,000,000. of the enactment of this Act, the Secretary (2) AVAILABILITY FOR PROCUREMENT OF AD- Mr. REID proposed an SA 3071. of Defense shall submit to Congress a report DITIONAL MRAP VEHICLES.—Of the amount au- amendment to the bill H.R. 976, to setting forth the strategy of the Department thorized to be appropriated by section 1501(5) amend title XXI of the Social Security of Defense for the use of, and a description of for other procurement for the Army, as in- Act to reauthorize the State Children’s the activities being carried out by, contrac- creased by paragraph (1), $23,600,000,000 may Health Insurance Program, and for tors and subcontractors working in Iraq and be available for the procurement of 15,200 other purposes; as follows: Afghanistan in support of Department mis- Mine Resistant Ambush Protected (MRAP) sions in Iraq, Afghanistan, and the Global Vehicles. At the end of the amendment add the fol- War on Terror, including its strategy for en- (b) REPORT.—Not later than 30 days after lowing: suring that such contracts do not— the date of the enactment of this Act, and This section shall take effect 3 days after (1) have private companies and their em- every 30 days thereafter until the date that date of enactment. ployees performing inherently governmental is two years after the date of the enactment functions; or of this Act, the Secretary of Defense shall SA 3072. Mr. REID proposed an (2) place contractors in supervisory roles submit to the congressional defense commit- amendment to amendment SA 3071 pro- over United States Government personnel. tees a report that includes the following: posed by Mr. REID to the bill H.R. 976, (1) The current status of efforts to procure to amend title XXI of the Social Secu- SA 3074. Mr. SPECTER (for himself and deploy Mine Resistant Ambush Pro- rity Act to reauthorize the State Chil- and Mr. CASEY) submitted an amend- tected vehicles, including the following: dren’s Health Insurance Program, and ment intended to be proposed by him (A) The number of such vehicles procured, for other purposes; as follows: to the joint resolution H.J. Res. 52, and the number of such vehicles deployed, as making continuing appropriations for of the date of such report. In the amendment strike 3 and insert 1. (B) Current plans for increasing the pro- the fiscal year 2008, and for other pur- curement and deployment of such vehicles. SA 3073. Mr. REID (for Mr. OBAMA poses; which was ordered to lie on the (C) For each on-going contract for the pro- (for himself and Mr. WHITEHOUSE)) sub- table; as follows: curement of such vehicles, the contract de- mitted an amendment intended to be At the end, add the following: livery target for such contract.

VerDate Aug 31 2005 04:47 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00109 Fmt 0624 Sfmt 0634 E:\CR\FM\A26SE6.079 S26SEPT1 hmoore on PRODPC68 with HMSENATE S12186 CONGRESSIONAL RECORD — SENATE September 26, 2007 (D) For each contract described in subpara- COMMITTEE ON ENVIRONMENT AND PUBLIC ice located at 805 Main Street in Ferdi- graph (C), the number of such vehicles deliv- WORKS nand, Indiana, as the ‘‘Staff Sergeant ered under such contract as of the date of Mr. DURBIN. Mr. President, I ask David L. Nord Post Office;’’ such report. unanimous consent that the Com- H.R. 2765, to designate the facility of (E) A description of the obstacles or prob- mittee on Environment and Public lems, if any, faced by current contractors for the United States Postal Service lo- the delivery of such vehicles and by the pro- Works be authorized to meet during cated at 44 North Main Street in gram for procurement and deployment of the session of the Senate on Wednes- Hughesville, Pennsylvania, as the such vehicles in general. day, September 26, 2007 at 9:30 a.m. in ‘‘Master Sergeant Sean Michael Thom- (F) Any recommendations for legislative or room 406 of the Dirksen Senate Office as Post Office.’’ administrative action that the Secretary Building in order to conduct a hearing The PRESIDING OFFICER. Without considers appropriate to accelerate procure- entitled, ‘‘An Examination of the Im- objection, it is so ordered. ment and deployment of such vehicles. pacts of Global Warming on the Chesa- (G) Any recommendations, including rec- COMMITTEE ON THE JUDICIARY peake Bay.’’ Mr. DURBIN. Mr. President, I ask ommendations for additional legislative or The PRESIDING OFFICER. Without administrative action, that the Secretary unanimous consent that the Senate considers appropriate to enhance non-vehicle objection, it is so ordered. Committee on the Judiciary be author- protection against improvised explosive de- COMMITTEE ON FINANCE ized to meet in order to conduct an Ex- vices for members of the Armed Forces. Mr. DURBIN. Mr. President, I ask ecutive Nomination hearing on (2) The status of current efforts to procure unanimous consent that the Com- Wednesday, September 26, 2007 at 2:30 and deploy explosively formed penetrator mittee on Finance be authorized to protection for vehicles, including the fol- p.m. in the Dirksen Senate Office meet during the session of the Senate Building room 226. lowing: on Wednesday, September 26, 2007, at 10 (A) The amount of such protection pro- Witness list: cured, and the amount of such protection de- a.m., in room SD–215 of the Dirksen ployed, as of the date of such report. Senate Office Building, to hear testi- Michael J. Sullivan to be Director, (B) Current plans for increasing the pro- mony on the ‘‘Offshore Tax Issues: Re- Bureau of Alcohol, Tobacco, Firearms curement and deployment of such protec- insurance and Hedge Funds’’. and Explosives tion. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without (C) For each on-going contract for the pro- objection, it is so ordered. objection, it is so ordered. curement of such protection, the contract COMMITTEE ON HOMELAND SECURITY AND delivery target for such contract. COMMITTEE ON RULES AND ADMINISTRATION GOVERNMENTAL AFFAIRS (D) For each contract described in subpara- Mr. DURBIN. Mr. President, I ask Mr. DURBIN. Mr. President, I ask graph (C), the amount of such protection de- unanimous consent that the Com- unanimous consent that the Com- livered under such contract as of the date of mittee on Rules and Administration be mittee on Homeland Security and Gov- such report. authorized to meet during the session ernmental Affairs be authorized to (E) A description of the obstacles or prob- of the Senate on Wednesday, Sep- lems, if any, faced by current contractors for meet on Wednesday, September 26, tember 26, 2007, at 10 a.m. to conduct the delivery of such protection and by the 2007, at 10 a.m. for a business meeting an executive business meeting to con- program for procurement and deployment of to consider pending committee busi- sider on the Nomination of Robert C. such protection in general. ness. Tapella of Virginia, to be Public Print- f Agenda er, Government Printing Office; and Nomination the nominations of Steven T. Walther AUTHORITY FOR COMMITTEES TO of Nevada, David M. Mason of Virginia, MEET The Honorable Julie L. Myers to be Robert D. Lenhard of Maryland, and Assistant Secretary, U.S. Department COMMITTEE ON BANKING, HOUSING, AND URBAN Hans von Spakovsky of Georgia to be AFFAIRS of Homeland Security. members of the Federal Election Com- Mr. DURBIN. Mr. President, I ask Postal Naming Bills mission. The PRESIDING OFFICER. Without unanimous consent that the Com- H.R. 2654, to designate the facility of objection, it is so ordered. mittee on Banking, Housing, and the United States Postal Service lo- Urban Affairs be authorized to meet cated at 202 South Dumont Avenue in COMMITTEE ON SMALL BUSINESS AND ENTREPRENEURSHIP during the session of the Senate on Woonsocket, South Dakota, as the ‘‘El- September 26, 2007, at 9:30 a.m., in eanor McGovern Post Office Building;’’ Mr. DURBIN. Mr. President, I ask order to conduct a hearing entitled on H.R. 2467, to designate the facility of unanimous consent that the Com- ‘‘The Role and Impact of Credit Rating the United States Postal Service lo- mittee on Small Business and Entre- Agencies on the Subprime Credit Mar- cated at 69 Montgomery Street in Jer- preneurship be authorized to meet dur- kets.’’ sey City, New Jersey, as the ‘‘Frank J. ing the session of the Senate in order The PRESIDING OFFICER. Without Guarini Post Office Building;’’ to conduct a hearing entitled ‘‘Improv- objection, it is so ordered. H.R. 2587, to designate the facility of ing Internet Access to Help Small Busi- COMMITTEE ON ENERGY AND NATURAL the United States Postal Service lo- ness Compete in a Global Economy,’’ RESOURCES cated at 555 South 3rd Street Lobby in on Wednesday, September 26, 2007, be- Mr. DURBIN. Mr. President, I ask Memphis, Tennessee, as the ‘‘Kenneth ginning at 10 a.m., in room 428A of the unanimous consent that the Com- T. Whalum, Sr. Post Office Building;’’ Russell Senate Office Building. mittee on Energy and Natural Re- H.R. 2778, to designate the facility of The PRESIDING OFFICER. Without sources be authorized to hold a hearing the United States Postal Service lo- objection, it is so ordered. during the session of the Senate on cated at 3 Quaker Ridge Road in New f Wednesday, September 26, 2007, at 10 Rochelle, New York, as the ‘‘Robert ORDER FOR STAR PRINT a.m. in room SD–366 of the Dirksen Merrill Postal Station;’’ Senate Office Building. H.R. 2825, to designate the facility of Mr. REID. Mr. President, I ask unan- The purpose of the hearing is to re- the United States Postal Service lo- imous consent that Senate report 110– ceive testimony on S.1543, a bill to es- cated at 326 South Main Street in 184 be star printed with the changes at tablish a national geothermal initia- Princeton, Illinois, as the ‘‘Owen the desk. tive to encourage increased production Lovejoy Princeton Post Office Build- The PRESIDING OFFICER. Without of energy from geothermal resources ing;’’ objection, it is so ordered. by creating a program of geothermal H.R. 3052, to designate the facility of f research, development, demonstration the United States Postal Service lo- and commercial application to support cated at 954 Wheeling Avenue in Cam- AUTHORIZATION FOR DOCUMENT the achievement of a national geo- bridge, Ohio, as the ‘‘John Herschel PRODUCTION thermal energy goal. Glenn Jr. Post Office Building;’’ Mr. REID. Mr. President, I ask unan- The PRESIDING OFFICER. Without H.R. 3106/S. 2023, to designate the fa- imous consent that the Senate proceed objection, it is so ordered. cility of the United States Postal Serv- to S. Res. 333.

VerDate Aug 31 2005 03:09 Sep 27, 2007 Jkt 059060 PO 00000 Frm 00110 Fmt 0624 Sfmt 0634 E:\CR\FM\A26SE6.082 S26SEPT1 hmoore on PRODPC68 with HMSENATE September 26, 2007 CONGRESSIONAL RECORD — SENATE S12187 The PRESIDING OFFICER. The tween the two leaders, prior to the clo- talked about different issues. We are clerk will report the resolution by ture vote on the Kennedy amendment going to try to do that and get a num- title. No. 3035; that upon the completion of ber of these done so we can send them A resolution (S. Res. 333) to authorize the that time, the Senate vote on the clo- to the President. I think that is what production of records by the Permanent Sub- ture motion relative to that amend- will get this program moving along. committee on Investigations of the Com- ment; that if cloture is invoked there I have spoken to the head of the Of- mittee on Homeland Security and Govern- be 2 minutes for debate, equally di- fice of Management and Budget. Even mental Affairs. vided in the usual form, followed by a though he may not be able to agree There being no objection, the Senate vote on the amendment; that if cloture with what I want, I have found him a proceeded to consider the resolution. is not invoked the amendment be with- person who is agreeable. I talk to him Mr. REID. I ask unanimous consent drawn; that there then be 2 minutes for anytime I call him. that the resolution be agreed to, the debate prior to the cloture vote on the Maybe we can work our way through preamble be agreed to, the motions to Hatch amendment No. 3047; that if clo- this. But we can’t do it unless we have reconsider be laid upon the table, and ture is invoked, there be 2 minutes for bills that are completed that we can that any statements relating there be debate prior to the vote on the amend- send to the President. It is not just printed in the RECORD. ment; that if cloture is not invoked the going to happen by magic. I personally The PRESIDING OFFICER. Without amendment be withdrawn; that fol- believe it is not good for this country objection, it is so ordered. lowing the disposition of these amend- to have long-standing continuing reso- The resolution (S. Res. 333) was ments there then be 2 minutes for de- lutions. We need to do our job. That is agreed to. bate prior to the cloture vote on the why I hope we can complete our work The preamble was agreed to. motion to concur in House amend- so next week we can do the appropria- The resolution, with its preamble, ments to H.R. 976, the Children’s tions bills. reads as follows: Health Insurance bill; further, that the Mr. MCCONNELL. If the majority S. RES. 333 live quorums in each case under rule leader will yield once again, I concur Whereas, the Permanent Subcommittee on XXII be waived. with the goal of completing those two Investigations of the Committee on Home- The PRESIDING OFFICER. Without appropriations bills next week. I will land Security and Governmental Affairs con- objection, it is so ordered. be encouraging everyone on this side to ducted an investigation in 2003 and 2004 into f work in a cooperative spirit to achieve abusive practices by the credit counseling the result the majority leader has laid SCHEDULE industry; out. It is good for the Senate and good Whereas, the Subcommittee has received a Mr. REID. Mr. President, I appreciate request from a federal law enforcement agen- for the country to get this work done. cy for access to records of the Subcommit- everyone’s cooperation. I will say we We will be cooperating in every way tee’s investigation; have a lot to do. It is all up to us when possible toward that end. Whereas, by the privileges of the Senate of we get it done. I hope it does not spill f the United States and Rule XI of the Stand- over into the weekend. If things work ing Rules of the Senate, no evidence under out right, we could finish everything ORDERS FOR THURSDAY, the control or in the possession of the Senate tomorrow. We will have to see. But we SEPTEMBER 27, 2007 can, by administrative or judicial process, be are going to try to. I know that may be taken from such control or possession but by wishful thinking on my part. But we Mr. REID. I ask unanimous consent permission of the Senate; that when the Senate completes its Whereas, when it appears that evidence are going to try to get as much done as we can. business today, it stand adjourned under the control or in the possession of the until 9 a.m. tomorrow morning, Sep- Mr. MCCONNELL. Will the leader Senate is needed for the promotion of jus- tember 27; that on September 27, fol- tice, the Senate will take such action as will yield? promote the ends of justice consistent with Mr. REID. Yes. lowing the prayer and pledge, the Jour- nal of proceedings be approved to date, the privileges of the Senate: Now, therefore, Mr. MCCONNELL. It strikes me that be it there is no good reason why we should the morning hour be deemed expired, Resolved, That the Chairman and Ranking not wrap this up tomorrow. I think vir- the time for the two leaders reserved Minority Member of the Permanent Sub- tually all of the items left to be dealt for their use later in the day; that the committee on Investigations of the Com- Senate then resume consideration of mittee on Homeland Security and Govern- with, there is broad agreement on on a bipartisan basis that we ought to pass. H.R. 1585 as provided under the pre- mental Affairs, acting jointly, are authorized vious order; that Members have until to provide to federal or state law enforce- I will be working with the majority ment or regulatory agencies and officials leader to complete our work for the 10:30 a.m. to file any germane second- records of the Subcommittee’s investigation week at the earliest possible time. degree amendments. into abusive practices by the credit coun- Mr. REID. I say to my friend, I wish I would say, because of the request of seling industry. to be able to complete, prior to a week a number of Members, I will not use Mr. REID. Mr. President, I suggest from Friday, the Defense appropria- any leader time in the morning. We the absence of a quorum. tions bill. will move immediately to the legisla- The PRESIDING OFFICER. The I would also like to have a run at tion before this body and have the full clerk will call the roll. Commerce-State-Justice, which deals 2 hours. I will not use any leader time The legislative clerk proceeded to with the FBI and the Drug Enforce- in the morning. call the roll. ment Administration. I would like to The PRESIDING OFFICER. Without Mr. REID. Mr. President, I ask unan- be able to do those two appropriations objection, it is so ordered. imous consent that the order for the bills before we leave. We have a tre- f quorum call be rescinded. mendous burden to do the rest of the The PRESIDING OFFICER. Without appropriations bills. The House has ADJOURNMENT UNTIL 9 A.M. objection, it is so ordered. passed them. It is easier for them to do TOMORROW f than us. I have requested that we start Mr. REID. If the Republican leader our conferences. I want real con- has nothing further, I ask unanimous ORDER OF PROCEDURE ferences like we used to have around consent that the Senate stand ad- Mr. REID. Mr. President, I ask unan- here when the distinguished Repub- journed until 9 a.m. tomorrow. imous consent that tomorrow following lican leader and I were a little bit There being no objection, the Senate, the time for the two leaders, there be 2 younger, when we actually had con- at 7:47 p.m., adjourned until Thursday, hours for debate, equally divided be- ferences where people sat down and September 27, 2007, at 9 a.m.

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